consumer rights ???

jimb43

hi there , i went to a furniture shop in limerick, and there was a marquee outside with a sale on. i seen a mattress 2700/ slashed to 799. i thought wow thats cool. i looked at it and it seemed ok. so i asked the bloke could i pay 500 deposit and give him the rest next week, and collect it myself. np he said so i did. i had it about 3 week and then it was loosing its memory (so to speak ) as it forgot to come back up and had an uncomfortable dip in it. so i went back 4 week later, i spoke to the bloke who i seen to buy it and he said ,,,,,, "arrrrr, this is the one that was in the marquee, errrrrm this was" sold as seen" we or I forgot to tell you about this. you should have been told this and it should have been put on your receipt and you except it on those terms
i said well i was not told , nothing is on my reciept and i am not happy with it.

the manufacturer also says on the warrant card that they will not honour any guarantee, for any item sold in a clearance sale or ex stock criteria.

foggy_lad

jimb43 wrote: »

hi there , i went to a furniture shop in limerick, and there was a marquee outside with a sale on. i seen a mattress 2700/ slashed to 799. i thought wow thats cool. i looked at it and it seemed ok. so i asked the bloke could i pay 500 deposit and give him the rest next week, and collect it myself. np he said so i did. i had it about 3 week and then it was loosing its memory (so to speak ) as it forgot to come back up and had an uncomfortable dip in it. so i went back 4 week later, i spoke to the bloke who i seen to buy it and he said ,,,,,, "arrrrr, this is the one that was in the marquee, errrrrm this was" sold as seen" we or I forgot to tell you about this. you should have been told this and it should have been put on your receipt and you except it on those terms
i said well i was not told , nothing is on my reciept and i am not happy with it.

the manufacturer also says on the warrant card that they will not honour any guarantee, for any item sold in a clearance sale or ex stock criteria.

Your contract is with the retailer(person or shop that sold you the goods). They did not warn you of the extra conditions so you are entitled to a repair, replacement or refund, in this case it should be a refund but you will most likely have to go through the Small Claims Court to get it.

First step is to write a letter to the store outlining the issue and telling them what you want them to do. Give them a reasonable time to respond, maybe 5 days and if their response is not satisfactory than you should proceed with a small claim.

jimb43

ps thats what i thought, but they sent a technician to the house to look at it and he said "that it was bowing because i had it on a bed frame that was not properly supporting it. i totally disagreed with him, as it was only 4 week old and i only only sleep on it 8 hours of each day so in affect it was only 10 days old .
i told him i was not told of a SOLD AS SEEN policy and i was now beginning to think that it was not such a good deal after all
does this change things

ps he said the mattress had no fault and i signed for this. when his report was made it had "damage has allready been done" when he told me to sign for his report he never had anything to say about damage but could find no fault.

sandin

Memory foam mattress is quite a bit heavier than a standard mattress. Is there a central bar running midway under your bed with a couple of legs to support it?
If not, you'll need to get something to do that (piece of timber).

Try that and see if it works.

btw - I've never heard of a €2799 mattress. Even a top range memory foam will cost no more than €1200 - €1500 in a honourable furniture store. Too many people believe the BS "was" price or the latest craze from DFS "after event price".

jimb43

cheers, i have sorted the support issue out , the second the techbod left my house, but this is nearly a year ago now and it got worse and worse everyday, i faffing hate it , its so uncomfortable, i have not slept proper from the day i bought it. All I'm asking folks is do i have a shout for my money back ,on the grounds that i was not informed at the point of sale about the "sold as seen " therfore i was not given an informed choice, does it come under the unfair commercial practice regulation.

oh yeah its a 6' by 6' Kingkoil mattress and i do believe they are nearer 3000,

sandin

sorry, the post suggested that this was only a few weeks ago.

6'x6' king koil memory foam was €1300 5 years ago in Michael Murphy's in Newbridge (I have one) - they are one of the few furniture shops that don't use "pretend pricing" tricks. However €799 is very good price.

It does take a lot of getting used to - I put in new latts and the centre bar is raised a little higher.

Herself took a long long time to get used to it too (well over a year!) - I think its just one of those things, either you really like them or hate them. I think there was another thread similar about a year back and it was same conclusion. Basically they are quite different to the standard pocket sprung mattresses we are used to.

However if you do get used to it, they are sooo comfortable.

Key "Memory Foam mattress reviews" into google and its like a marmite debate. Some hate them, some love them and there seems to be no inbetween

sandin

sorry, the post suggested that this was only a few weeks ago.

6'x6' king koil memory foam was €1300 5 years ago in Michael Murphy's in Newbridge (I have one) - they are one of the few furniture shops that don't use "pretend pricing" tricks. However €799 is very good price.

It does take a lot of getting used to - I put in new latts and the centre bar is raised a little higher.

Herself took a long long time to get used to it too (well over a year!) - I think its just one of those things, either you really like them or hate them. I think there was another thread similar about a year back and it was same conclusion. Basically they are quite different to the standard pocket sprung mattresses we are used to.

However if you do get used to it, they are sooo comfortable.

Key "Memory Foam mattress reviews" into google and its like a marmite debate. Some hate them, some love them and there seems to be no inbetween

The Gride

jimb43 wrote: »

cheers, i have sorted the support issue out , the second the techbod left my house, but this is nearly a year ago now and it got worse and worse everyday, i faffing hate it , its so uncomfortable, i have not slept proper from the day i bought it. All I'm asking folks is do i have a shout for my money back ,on the grounds that i was not informed at the point of sale about the "sold as seen " therfore i was not given an informed choice, does it come under the unfair commercial practice regulation.

oh yeah its a 6' by 6' Kingkoil mattress and i do believe they are nearer 3000,

By any chance is it a King Koil Aspen. My brother has one that has collapsed also ? It is also 6ft x 6ft 6in. He only has it a short while and he is a light weight. He bought at a flash sale in Dublin. He has never had a proper night's sleep. We told him to go to bigmickey.ie but he did'nt and is sorry now. Just curious if it's also an Aspen. Good luck with your efforts.