Emma-Sleep UK Out of Warranty

Janetelle63

Hi,

In Nov 2022, we purchased 2 Emma-Sleep UK complete bed sets costing over £2000.
In early February this year, one of the bed bases developed a fault.  One of the hardboard panels on the top of the base dropped in the top corner, causing the mattress to slip into the dip, making sleeping uncomfortable.  It was less than  2 months passed it's guarantee.
I immediately called Emma-Sleep UK but was told, it was out of warranty, end of story.
I bought a new bed base from a different company.
In June, we slept in the second bed in our son's bedroom, as our bedroom was being decorated.  Our son has been away at University for 5 years.
He has barely used the bed, spending 2023- 2024 overseas as part of his Degree,  5 weeks in Malaysia and spending little time at home during Uni holidays, due to work commitments, choosing to spend time with his friends and wanting to get his money's worth out of the 40 + weeks leases on Uni accommodation.

Imagine my surprise, when exactly the same fault, in the same place, had developed on this bedbase too!!

Adding to that, a fault with our mattress when a 4cm wide void, 4cm from the side of the 
mattress and the full length of it developed.  It caused me to roll out of bed onto the floor on several occasions.
The second bed base is just 7 months out of warranty.

Emma-sleep UK  refuse to budge, they will not comply with the Consumer Rights Act 2015, that the bases have a manufacturing or design fault,  are not fit for purpose, nor have they lasted a reasonable length of time.

They have, this week, finally agreed to refund for the mattress.  I have told them not to issue a refund for the mattress, until such time that they agree to refund the whole £2000+  and collect their shoddy quality beds and mattresses.

TELLIT01

You aren't going to get a full refund for a bed you have been using for nearly 3 years.

It's unclear from your story when the other bed was purchased.

eskbanker

Janetelle63 said:

Emma-sleep UK  refuse to budge, they will not comply with the Consumer Rights Act 2015, that the bases have a manufacturing or design fault,  are not fit for purpose, nor have they lasted a reasonable length of time.

After the first six months, the burden of proof is on the consumer to demonstrate that it's a manufacturing or design fault rather than misuse, etc, so if you're encountering resistance from the retailer, your best bet will be to commission a report from an independent expert, the cost of which can be added to your claim.

Undervalued

eskbanker said:

Janetelle63 said:

Emma-sleep UK  refuse to budge, they will not comply with the Consumer Rights Act 2015, that the bases have a manufacturing or design fault,  are not fit for purpose, nor have they lasted a reasonable length of time.

After the first six months, the burden of proof is on the consumer to demonstrate that it's a manufacturing or design fault rather than misuse, etc, so if you're encountering resistance from the retailer, your best bet will be to commission a report from an independent expert, the cost of which can be added to your claim.

Exactly.

There is not really a question in the  opening post by @Janeetelle but she seems to misunderstand her rights in this matter.

Also, even if she manages to get an independent report in her favour, any refund will be reduced to take account of the time that has passed (nearly three years). The argument "that it has hardly been used" will be very difficult to win.