Faulty Mattress

[slinkycat]

My son ordered a mattress from a well known shop at the beginning of August. It was a slumberland mattress with an attached memory foam topper, and cost almost £500.
At this price (it was originally more, but it was on sale) he expected a premium product.
He has had nothing but problems ever since, so I'm hoping someone can advise,
First of all,he was promised 2 weeks delivery, it took longer than that, and it arrived a couple of days before he went on holiday. In the two nights he and his girlfriend slept on it previous to the holiday, the topper developed a ridge from side to side (please no jokes about "night time activity" !)

He rang the shop and they said they would sort it immediately. Since then he has had nothing but excuses "the replacement will be with you in two weeks" or "slumberland are behind with deliveries"

Not to mention the woman he spoke to on the phone in the shop who said "Can't you buy a mattress topper to cover the ridge while you are waiting?" and "surely you have a spare duvet you could put over the mattress?" !!!

He's going to the shop at the weekend ( it's now over 2 months since he first placed the order) to speak to the manager, just want a bit of advice on his consumer rights tia

[Old_Geezer]

No expert but I'm feel sure you can demand a refund if the goods are faulty. Either under UK law or EU regs. Best of luck with getting the experts to quote verse & chapter.

[Retrochic]

Tell him to demand a refund as the goods are not 'fit for purpose'. Make sure he takes a photo of the mattress on his phone as evidence and persist until he gets a refund, under the Sale of Goods Act.

[buildersmate]

This sounds like bull excrement. Argos sell these Slumberland brand toppers and presuming it is the Double Luxury one, they retail currently at £80, down from £100.
I idly checked the 7 local stores in my region and every single store has at least one of this product in stock. Maybe Argos has cornered the market. Argos code 151/7530

[woofgang]

I would be saying not fit for purpose and requiring a refund.

[bednobs]

it's not just a topper though BM - it's a matterss that has an integrated memory foam top
slinky - what does he want to happen?

[Peter Pedant]

He has got all the buzz phrases

this one is clearly "not fit for purpose"

give em hell

[bednobs]

i suppose it depends on if he wants a full refund and to start again, or just wants it replaced

[buildersmate]

Bednobs. Oh I see. Didn't know such integrated products existed. As we were then. Per Woofgang and others.

[slinkycat]

Thanks for your replies. What he really wants is to have had an immediate replacement!
He has already sent them a photo, and they agreed that it is faulty. However they have offered no apology, and just keep blaming the supplier, slumberland for the delay.
They said that they had asked slumberland to throw in a couple of pillows as a goodwill gesture, but they refused. Surely though the contract is with the shop and it is up to them to offer any such gestures?
He would really to prefer to have it replaced bedknobs, as obviously if he gets a refund he will be left with nothing to sleep on until he orders elsewhere.
Would he be within his rights to demand an interim mattress immediately, until they sort out a replacement?

[mallyh]

no joy from the shop could he ring slumberland ?

[woofgang]

The contract is with the supplier, the shop, not with the manufacturer. The supplier has the contract with the manufacturer. Honestly slinky, I would be getting a refund. If he lets it drag on for too long they may argue that he has had use of the product despite its fault and that therefore he's not entitled to a full refund. I have had this argument myself over faulty goods, the shop gave in in the end but it was yet more hassle.

[woofgang]

no I don't think he has any right to a loaner mattress. He might negotiate to have a different one from the shop and pay the difference or receive a refund of the difference depending on the cost. Seriously I'd be getting out of dealings with that shop.

[slinkycat]

Think you're right woofgang, if they try to put back the delivery again then he may have no choice but to insist on a refund. I think it's shocking the way they've dealt with it, I may suggest he writes a strongly worded letter to head office, including the comments made by the shop assistant.
Feel so sorry for my son and his girlfriend, they slept on an airbed for weeks while they were renovating the bedroom,and were so excited to finally have a proper bed!

[gingejbee]

Interesting that this is a Slumberland mattress which came near the bottom of the Which? Best Mattress Brand table...perhaps a change of make might be a good idea? The top mattress brands were Dunlopillo, Marks and Spencer then John Lewis.