Bought a heavily discounted mattress (seconds) but they sent the wrong one (seems perfect)

property.advert

I spent about £800 on a new mattress which was originally priced over £3000 but was reduced as it was classed as "seconds" due to ex display, customer return, etc. They did not know.

However, it was listed as firm and when I opened it, admittedly a few weeks later, I see that it is a regular and not firm.

My order and all correspondence states that it was a firm one that I ordered but as it was a seconds item, they won't actually have a seconds version of the firm mattress I ordered.

Ideally, I'd like to force them to honour the contract but whilst nice, it might be a hard pill for them to swallow and to give me a new mattress for the cheap price I paid and I suspect they would rather refund me.

I might, possibly, prefer to have the mattress I have rather than a refund as I cannot buy this mattress again anywhere near this price.

Can I force them to give me the mattress I ordered in such circumstances ?

screech_78

property.advert said:

I spent about £800 on a new mattress which was originally priced over £3000 but was reduced as it was classed as "seconds" due to ex display, customer return, etc. They did not know.

However, it was listed as firm and when I opened it, admittedly a few weeks later, I see that it is a regular and not firm.

My order and all correspondence states that it was a firm one that I ordered but as it was a seconds item, they won't actually have a seconds version of the firm mattress I ordered.

Ideally, I'd like to force them to honour the contract but whilst nice, it might be a hard pill for them to swallow and to give me a new mattress for the cheap price I paid and I suspect they would rather refund me.

I might, possibly, prefer to have the mattress I have rather than a refund as I cannot buy this mattress again anywhere near this price.

Can I force them to give me the mattress I ordered in such circumstances ?

In short, no. 

We had a similar case that customer went to small claims over. It was a sofa they purchased, ex-display and was reduced by 50%. £600 off I remember correctly. 

Turned out it had already been sold to another customer and it hadn’t been tagged correctly. We sold the exact same sofa but obviously brand new and £600 more expensive. Customer was offered full refund of what they paid and (I think) £300 as a goodwill gesture to choose something else. They refused and demanded we sent them the same sofa, brand new. They went to small claims court and lost. Well, they got their refund and accepted the goodwill gesture afterwards. 

Grumpy_chap

screech_78 said:

They went to small claims court and lost. Well, they got their refund and accepted the goodwill gesture afterwards. 

I am amazed that the goodwill gesture was still there after the small claims process.

the_lunatic_is_in_my_head

screech_78 said:

property.advert said:

I spent about £800 on a new mattress which was originally priced over £3000 but was reduced as it was classed as "seconds" due to ex display, customer return, etc. They did not know.

However, it was listed as firm and when I opened it, admittedly a few weeks later, I see that it is a regular and not firm.

My order and all correspondence states that it was a firm one that I ordered but as it was a seconds item, they won't actually have a seconds version of the firm mattress I ordered.

Ideally, I'd like to force them to honour the contract but whilst nice, it might be a hard pill for them to swallow and to give me a new mattress for the cheap price I paid and I suspect they would rather refund me.

I might, possibly, prefer to have the mattress I have rather than a refund as I cannot buy this mattress again anywhere near this price.

Can I force them to give me the mattress I ordered in such circumstances ?

In short, no. 

We had a similar case that customer went to small claims over. It was a sofa they purchased, ex-display and was reduced by 50%. £600 off I remember correctly. 

Turned out it had already been sold to another customer and it hadn’t been tagged correctly. We sold the exact same sofa but obviously brand new and £600 more expensive. Customer was offered full refund of what they paid and (I think) £300 as a goodwill gesture to choose something else. They refused and demanded we sent them the same sofa, brand new. They went to small claims court and lost. Well, they got their refund and accepted the goodwill gesture afterwards. 

Surprises me they don’t make £250 net out of a £1200 sofa.