Sale of goods act...

[lunaraine]

I posted earlier about a problem with my mattress that has now turned into something else.

I ordered this mattress in Oct last year,

http://www.mattressne...ex-Pocket-Plush-2000/

it has just been replaced. However, it has been replaced with this -

http://www.bishopsbed...silver-crown-mattress

They have stuck the sticker for the first mattress onto the new one. Kayflex and Dura Beds are sister companies. I phoned the ppl I purchased the mattress from and explained that I had not got my mattress, but an inferior one instead. The new one actually has 'Dura beds' and 'silver' embossed into the fabric.

They called the Manufacturer (Kayflex) who said that they had run out of their covering fabric and so had 'borrowed' some from their sister company 'Dura Beds'. But I should not worry as it is most certainly NOT the silver crown mattress. It could not possibly be as it is impossible to vacuum roll a open coil sprung mattress and it arrived packed in this manner. I explained that I could feel the coil sheets through the fabric at the bottom, but was assured again that this was not possible. He asked if I could send a photo of the mattress with regard to the springs seeming not to be 'pockets' and I had to point out that without cutting it open, I would just be sending a photo of the edge of a mattress.

When I looked closer at the photo of the Kayflex mattress on the site, I can clearly see the words 'silver' in the fabric.

I felt I was getting nowhere so ended the call with a 'thanks for your help'. I then phoned silentnight, and asked if it was possible to vacuum roll an open coil mattress, and was informed that it most certainly is as they have products they do this with.

So where do I stand, I paid for a Kayflex pocket sprung mattress with memory foam top, and I have been sent a Dura beds open coil mattress with a convoluted foam top that has the sticker on for the Kayflex mattress.

Help!

[Zacs-Master]

Have you informed your local trading standards office?

[lunaraine]

I tried calling them earlier but they were too busy, so will call me back tomorrow I suppose. The companies are both in South Yorks, and I am in Cornwall. Is trading standards a regional thing?

[tonywiltshire]

Your statutory rights under the sale of goods act are that the goods must be as described, satisfactory quality and fit for purpose. You had the option to have your payment refunded, item repaired or replaced and remember your contract is with the retailer who sold you the original mattress not the manufacturer.

If you have had an inferior product in replacement of the original item I would reject it and insist the retailer replace like with like, it would seem by offering you a replacement they have accepted your claim.