We'd like to remind Forumites to please avoid political debate on the Forum... Read More »
We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Return a mattress?
Options
Godiva500
Posts: 444 Forumite
I am disabled so unable to go to shop to try new bed. Two weeks ago I bought a Sherborne adjustable bed with a mattress from a good local care shop, over the phone. The mattress is so thick and high, that I can’t get into the bed at all, so it’s completely unused. I phoned the shop to see if they would change the mattress to a thinner one. They said beds, mattresses and bedding could not be returned. They offered to sell me a thinner mattress at cost, but that was all they could do. Do I have any
rights in this?
rights in this?
0
Comments
-
If you bought by phone (as opposed to in-store) then this might help
Online and distance selling - GOV.UK (www.gov.uk)
ie you have 14 days to cancel.2 -
Did you not look at the specifications re height etc .
0 -
I assume that the mattress is still in its shrink wrap covering and has not been unwrapped?Should've = Should HAVE (not 'of')
Would've = Would HAVE (not 'of')
No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)0 -
https://curia.europa.eu/jcms/upload/docs/application/pdf/2019-03/cp190042en.pdfpinkshoes said:I assume that the mattress is still in its shrink wrap covering and has not been unwrapped?
By today’s judgment, the Court of Justice answers that question in the negative. Consequently, the removal of a protective film, by the consumer, from a mattress purchased online does not prevent that consumer from exercising his right of withdrawal.
The question would be whether the retailer provided the OP with the required information to determine whether they are still within the cancellation period (depending upon when they took delivery and how long the cancellation period actually is) and whether they can impose a reduction for diminished value, if the goods have been excessively handled.In the game of chess you can never let your adversary see your pieces1 -
Thank you lunatic
I love the way that mattress case in the European court keeps coming up! (Three cheers for unholyangel who I think first linked to it a year ago).
Here's the full case: CURIA - Documents (europa.eu)1 -
Does the EU courts still apply to UK Consumer Rights ??
0 -
The legislation was written when we were in the EU and had to incorporate the contents of the EU Directive on the matter, the case was also decided when we were in the EU as well, I think it's fair that, until the UK law has any changes, this interpretation is valid for UK consumers.JJ_Egan said:Does the EU courts still apply to UK Consumer Rights ??In the game of chess you can never let your adversary see your pieces0 -
The interpretation will be done via a UK court so we can't rely, especially now, on precedent set out via any case law in the EU.
The legislation was written when we were in the EU and had to incorporate the contents of the EU Directive on the matter, the case was also decided when we were in the EU as well, I think it's fair that, until the UK law has any changes, this interpretation is valid for UK consumers.JJ_Egan said:Does the EU courts still apply to UK Consumer Rights ??0
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 350.9K Banking & Borrowing
- 253.1K Reduce Debt & Boost Income
- 453.5K Spending & Discounts
- 243.9K Work, Benefits & Business
- 598.7K Mortgages, Homes & Bills
- 176.9K Life & Family
- 257.2K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 37.6K Read-Only Boards