Emma Sleep Warranty Refund

GrizzyPanPanIce

Hi, will try to keep this to the pertinent points.

Purchased Emma mattress through Carpetright 6 years ago.

Over course of that time have received THREE replacement mattresses due to sagging. These have all been reviewed and replaced by Emma themselves not Carpetright.

After the 3rd we were offered a refund directly by Emma Sleep.

At the start of the year the latest mattress started to sag. Emma agreed and committed to the refund.

After 4 weeks or so, Emma arranged collection of current mattress at which point we (obviously) purchased an alternative mattress in good faith that our refund would be processed.

6 weeks post collection, Emma Sleep have now "after discussion with their legal team" stated that they will only provide a replacement because Carpetright have ceased trading they cannot refund to them and refuse to refund to us directly.

They have advised us to accept the replacement and sell it on privately.

I'd like to check

1. I suspect they may well be right that they don't have to refund us directly due to us originally purchasing through Carpetright, could this be confirmed?
2. We are technically claiming against their 10 year warranty rather than consumer rights with Carpetright. Can they keep forcing us to accept a replacement rather than a refund?
3. We have it in writing that they agreed a refund and we accepted that in good faith to allow the mattress to be collected (the refund would not be processed without a prior collection) this in turn meant we had to purchase a new mattress. Now they both have our money and our mattress they have renaged on that agreement. Is this purely bad customer service or is there a legal string I can pull?

Ultimately, we don't want a replacement - their quality is atrocious and we've had multiple replacements already.

We cannot return our new mattress, it was bought on a deal with another company on the assumption that we would not be returning it (basically it was discounted because they had burst the bag).

I do not feel its our responsibility to accept a new mattress and sell it on for a discounted rate (especially when our trust in Emma is incredibly low in both customer service and quality). I also don't believe we'd get the full amount of what we are due.

Overall, I'm incredibly angry at how Emma have treated us and their customer service is absolutely abysmal. As such I'm making a specific point to ensure I have exhausted every avenue before accepting our fate.

Any help very much appreciated. Can provide additional information if needed.

Thanks.

eskbanker

The answers to your first two questions will come down to the terms of the warranty but yes, if you were promised a refund in writing and made reasonable but irreversible arrangements on that basis, then their failure to refund you has resulted in losses that IMHO should be reclaimable via the courts, so a letter before action may prompt them to take matters more seriously, if you're prepared to go through with it.

sheramber

What remedy does the guarantee offer?