Rights re-mattress

T

tina4

Registered User
Messages
98
Iv tried googling the consumer rights re-mattress.
I bought a bed the mattress had a pillow top.
Within days there was a dip on both side and basically wasn’t comfortable.
The guy said he would replace it with a similar mattress without a pillow top. BUT............... The mattress he delivers today is a USED mattress.
Am i entitled to a refund?
I haven’t rang him yet cause want to find out under the consumer rights am i entitled to a full refund?
I do know a bit about consumer affairs, but don’t know about a mattress that has been slept on.
Any advice would be much appreciated.
 
had a consumer issue myself in relation to a car, main dealer solution was offer me a full refund (5K plus my old car back), I just wanted a repair/replacement. Seems the seller has the right to choose which they offer of the 3r's.

I would ring the shop and explain your disappointed and shock over the mattress that arrived was used and you've no problem in accepting another mattress that is new. It may have been an oversight on their part.

(Friend purchased new shoes and I happened to be there when she was trying them on for first time, I noticed one heel was badly scratched and as we examined closer the shoes were obvious worn as treads pulled, smudge marks etc. Then she noticed box said "window", box given in mistake)
 
of course you don't have to accept a used mattress.

While the retailer has the choice of repair, replacement or refund he can only repair if the repair is perfect and doesn't disadvantage the consumer... he can only replace if the replacement is fit for purpose.. if his original mattress is not fit for purpose then he can hardly replace it for another of the same type. He can refund in any case, but he can't substitute second hand goods for new goods.


But you have probably paid him already.. so it may be hard to get the problem fixed. If the mattress was pretty cheap then there'd be an expectation that it wouldn't be as good as a more expensive version.. but it should still be fit for purpose, but it could probably be argued that a cheap mattress is fit for purpose even if it sags, or is uncomfortable.

I'd just try to get a new mattress off him, and I'd consider myself lucky if I managed it. You may have to accept the used mattress, especially if only slightly used (for display perhaps).. unless you'd be happy with no mattress and a long battle with the shop.
 
Thanks for the replies. Im glad i didnt just jump in ranting.
The mattress was defo used and not just display model, as their were ahhhemmmm "hairs" on it!!!!!!!!!!!!!!!
I will see what he has to say.
 
You must log in or register to reply here.
Back
Top