Mattress warranty & return question

glynf

So the story so far; 13 days ago we bought a new mattress, it cost over €450 inc. delivery. It felt fine for the first week-though that was to be expected as the old one was well & truly on the way out-but for the last week it has become increasingly uncomfortable to sleep on. No matter how I lie on it it feels like there are springs sticking into me, and it appears to have developed concave dips where we sleep already. Last few mornings my back has been stiff & sore in the morning.

I called citizens advice, who told me same rules apply to mattresses' as any other goods, and we are entitled to have it repaired, replaced or a refund.
I then called the shop who said they are sending a rep from the manufacturer to 'look' at it in the next few days.

My question is if the rep decides the mattress is not flawed/badly manufactured, will we still be entitled to a replacement or a refund-or will it mean they will dispute it?

My thinking is its really only evident how bad it is after 6-8 hours sleeping on the bloody thing, chances are a quick examination won't show up much.

Can I demand a refund or replacement regardless of his findings, or the manufacturers guarantee?

Thanks in advance.

Procrastastudy

glynf wrote: »

So the story so far; 13 days ago we bought a new mattress, it cost over €450 inc. delivery. It felt fine for the first week-though that was to be expected as the old one was well & truly on the way out-but for the last week it has become increasingly uncomfortable to sleep on. No matter how I lie on it it feels like there are springs sticking into me, and it appears to have developed concave dips where we sleep already. Last few mornings my back has been stiff & sore in the morning.

I called citizens advice, who told me same rules apply to mattresses' as any other goods, and we are entitled to have it repaired, replaced or a refund.
I then called the shop who said they are sending a rep from the manufacturer to 'look' at it in the next few days.

My question is if the rep decides the mattress is not flawed/badly manufactured, will we still be entitled to a replacement or a refund-or will it mean they will dispute it?

My thinking is its really only evident how bad it is after 6-8 hours sleeping on the bloody thing, chances are a quick examination won't show up much.

Can I demand a refund or replacement regardless of his findings, or the manufacturers guarantee?

Thanks in advance.

Guarantee and statutory rights (in this context) are different. However if the rep finds it's okay you may have to resort to the SmCC to further your claim with your own evidence.

In all honesty you're jumping the gun - you'll probably find the rep is more than happy to have replace it.

EDIT: Just had a look there - don't exercise your rights under guarantee - you statutory rights should be grand for about five years on a mattress and there can be no cost in exercising them.

wmpdd3

Ignore the manufacture's guearnetee.

Your contract is with the shop you bought it from.

If the rep says its fine, get in touch with the retailer and tell them you are rejecting the product and you want a replacement or a repair (repair is another possibility, but I cant see what they could do)

If they say no, put it in writing that you are claiming the goods are not fit under the 'Sale of Goods and Supply of Services Act, 1980' for purpose and give then 10 days to come back to you with their solution.

If they still say no, off to the SCC.

glynf

Thanks all. Will see what the rep says, probably a bit edgy about things-the effect lack of sleep has on me

Meant to ask as well, it was the last one they had so it was a demo model. We took it as it was covered etc. and the sales guy said it was perfect. Would this make ant difference?

Would I be correct to assume it should be in proper order for them to sell it to me in the fist place?

Procrastastudy

glynf wrote: »

Thanks all. Will see what the rep says, probably a bit edgy about things-the effect lack of sleep has on me

Meant to ask as well, it was the last one they had so it was a demo model. We took it as it was covered etc. and the sales guy said it was perfect. Would this make ant difference?

Would I be correct to assume it should be in proper order for them to sell it to me in the fist place?

Well that does complicate matters somewhat - was there a discount?

glynf

Apparently he knocked a few quid off the original one, though no idea how much-similar can be got online for £339.95 or so..

Procrastastudy

glynf wrote: »

Apparently he knocked a few quid off the original one, though no idea how much-similar can be got online for £339.95 or so..

Unfortunately that doesn't matter. In all honesty it's not a massive issue but a minor defect could be excused by a discount on the list price. Your issue is more than minor so I wouldn't worry about it.

I wouldn't buy an ex-demo mattress again in all honesty though. Some fat bastard like me might have been trying it out!

glynf

Lol cheers for the advice Procrastastudy, will see how it goes & I will post an update. I only bought it after I asked was there anything wrong with it, to which I got a resounding no-strangely enough..

Procrastastudy

Give us a shout of it goes a bit peat tong - which I'm sure it won't - I'm getting familiar with the SmCC procedure through GCD FLAC at the minute. Although tbh the forms are all online these days.

glynf

Thanks again, and come visit the PC building & upgrading forum once in a while

P. Breathnach

Procrastastudy wrote: »

...
I wouldn't buy an ex-demo mattress again in all honesty though. Some fat bastard like me might have been trying it out!

If it survives being tried out by fat bastards and looks perfect, I'd count that as a point in its favour.