Unhappy with mattress purchase

[BrightArc]

Hi guys, I was just after a bit of advice on a purchase I've made, if you’'d be so kind.


So I've bought a mattress from Argos, and unfortunately I'm not happy with it. I decided to try a different design to what I'm used to, a memory foam mattress, and although I'm pretty sure it's not faulty, it just doesn't seem that compatible with how I sleep/my body/whatever, for want of a better way of describing it, and it's giving me back ache. Argos does offer a 100 day trial on it's mattresses, but the catch is it's a swap for another type of mattress from their catalogue/website, not a refund (as many sellers offer), and I'm not wild about their other selection of mattresses, or their prices.


My other concern with relying on the 100 day swap is the small print. I'm sure there's half a dozen ways Argos might try to get out of the deal. And I'm sure my legal position becomes pretty weak after 28 days or so.


So, as I'm just within 14 days for receiving it, I was wondering if the "“Consumer Contracts Regulations”" could be an option I could explore for getting a refund.


One thing that muddies the waters slightly, is that I ordered it in store, NOT online, but it had to be home delivered, not available to take away from the shop on the day, so I'm in a slightly grey area, perhaps, when it comes to whether it was a "distance sale" or not. I've noticed the description does mention "from a catalogue" on the Which website description of the "Consumer Contracts Regulations".


I have of course, also used the mattress, to discover it wasn't working out, so I obviously I can't make any claim that it's in new condition, but it is clean and unmarked - although it's impossible to put back in the box, because it was delivered vacuum sealed and expanded when I opened it, as seems to be the norm with mattresses these days. I assume when many mattress sellers offer trials and swaps/refunds, they must refurbish them and sell them off at a cheaper price, somewhere.


One aspect that might also assist if I want to return it, is that I was supposed to get a free, branded memory foam pillow with the mattress, worth around £40, but what was supplied instead were two much cheaper regular pillows. So I do also perhaps have the argument that I haven't entirely received what I ordered. So I could maybe argue for a refund on those grounds? What''s the exact situation when the something that was supposed to be supplied as a "free" extra isn't as advertised?


I don't really like returning something I've used, and it's also a massive extra hassle, but I can't really carry on living with a mattress that gives me back ache, and put up with that for years on end. So I don't feel I have much option but to an attempt a return and refund. Mattresses seem pretty unique in the is respect, as you can't really find out if they're compatible with you until you make some reasonable use of them.


So, can I use the "Consumer Contracts Regulations" to return this item? How good is my case?


Thanks for any help.

[Amethyst]

Just popping terms here for reference;
How do I exchange my mattress under the 100-night comfort promise?

Our 100-night comfort promise

If you’re not sleeping soundly on your new mattress, you can exchange it within the first 100 days.

Here's what you need to know:

• We recommend trying your mattress for 4-6 weeks. They sometimes take a bit of time to get used to.
• Use a mattress protector, If your mattress gets dirty or damaged, we can’t take it back.
• If you order the wrong size, or just change your mind, our standard 30 day returns guarantee applies. The mattress should be unused and in its original packaging.

Before you snuggle down, we need to highlight a few T&Cs:

• Mattresses purchased before 28 July 2018 aren’t covered.
• We can only offer an exchange. We can't offer a refund. See our our 30 day returns guarantee for info on our standard returns policy.

If you exchange with a mattress that’s a different price, we’ll refund the difference if it’s cheaper, or ask you to pay the difference if it costs more.

• This guarantee only applies if the mattress is used in a domestic, non-commercial environment.
• Only one mattress can be exchanged per purchase.
• Adjustable bed mattresses aren't covered under this policy.
• This does not affect your statutory rights.

If you have any questions or want to arrange an exchange, get in touch

[Amethyst]

Just having a quick look at the Argos website, the ones that state the free pillows Look like the Dormeo range ? Is yours a Dormeo ?

extra bit of info specific to Dormeo hidden under More Details ....
"
To keep our memory foam mattresses at the best possible prices for our customers, we currently only sell our mattresses via dormeo.co.uk and through other carefully selected online retailers. But we do offer a unique 60 night risk-free trial on all our memory foam mattresses, which means that we will refund or exchange your mattress after 60 nights with absolutely no quibble, if you are not happy with it. So why not try it for yourself in your own home, and we’ll take the risk for you?
"


Eg. https://www.argos.co.uk/product/1222571

go More Details... scroll past the pictures to Frequently Asked Questions then open " can I try before I buy " ...


might save some hassle IF it's one of those makes.

[R0b]

One thing that muddies the waters slightly, is that I ordered it in store, NOT online, but it had to be home delivered, not available to take away from the shop on the day, so I'm in a slightly grey area, perhaps, when it comes to whether it was a "distance sale" or not. I've noticed the description does mention "from a catalogue" on the Which website description of the "Consumer Contracts Regulations".

I don't think you are in a grey area, I think it's pretty clearcut in that it's not a distance sale. You were on the premises of the business at the time the contract was concluded so it is irrelevant that you ordered from the catalgue because you did so from the comfort of the business premises. Therefore it was an on-premises contract and not a distance or off-premises contract.

You might have a better chance of arguing that the contract was not as described and giving you the right to reject the mattress and claim a refund. The onus is on you to prove that the free memory foam pillow came with the mattress, otherwise your you won't be able to exercise your right. If that means going back into the store looking through the catalogue and taking a picture of the description then that's what you need to do. You could also look online and see if the same offer is there and print out a copy of the advert.

Had you gone home and made the order online or over the telephone, I you would have had an easier ride in exercising the distance rights and cancelling.

[BrightArc]

Just popping terms here for reference;
How do I exchange my mattress under the 100-night comfort promise?


Our 100-night comfort promise

If you’re not sleeping soundly on your new mattress, you can exchange it within the first 100 days.

Here's what you need to know:

• We recommend trying your mattress for 4-6 weeks. They sometimes take a bit of time to get used to.
• Use a mattress protector, If your mattress gets dirty or damaged, we can’t take it back.
• If you order the wrong size, or just change your mind, our standard 30 day returns guarantee applies. The mattress should be unused and in its original packaging.

Before you snuggle down, we need to highlight a few T&Cs:

• Mattresses purchased before 28 July 2018 aren’t covered.
• We can only offer an exchange. We can't offer a refund. See our our 30 day returns guarantee for info on our standard returns policy.

If you exchange with a mattress that’s a different price, we’ll refund the difference if it’s cheaper, or ask you to pay the difference if it costs more.

• This guarantee only applies if the mattress is used in a domestic, non-commercial environment.
• Only one mattress can be exchanged per purchase.
• Adjustable bed mattresses aren't covered under this policy.
• This does not affect your statutory rights.

If you have any questions or want to arrange an exchange, get in touch

(I seem to have quoted the wrong post, here, should have been the second one)

Hi,

Thanks for the replies. Sorry for not getting back earlier. internet problems, then a pre-booked holiday.

So, just to update, back from holiday and it's back to giving me back ache after a couple of nights sleep on it, sadly. I'm close to being in possession of it 28 days. And I'd still like a refund, if possible.


Ohhh, yes it is a Dormeo. I knew Dormeo offered a refund via their own website, but I figured I was locked into Argos's 100 day exchange only system. Very well spotted, I'd have never have found that. looks like I'm in luck.

I assume, then, I've got Argos banged to rights on giving me a refund then, if they included that in their website description, as long as the mattress is in good condition - which it is, of course.

Thanks a lot for the help.

-----

rob

Thanks for the reply. I've been trying to reply to you separately, but for the some reason the forum system keeps quoting Amethyst's
post instead. I guess I'm doing something wrong.

Ok, fair, enough. I was speculating because I don't know the wording of the law on this, but I bow to your superior knowledge. The reason I thought it might be classed as a distance sale, was because I wasn't able to inspect what I was buying in store, and wasn't able to take it away myself, but instead it could only be delivered to my door.

Thanks.

[Amethyst]

It might be worth giving Dormeo a ring and telling them that you purchased one of their mattresses from Argos but Argos are refusing to comply with the Dormeo 60 day trial terms and see what they say.

[BrightArc]

Hi and thanks,

So I'm finally, I think, getting close to setting the matter. I decided, instead of going for the Dormeo 60 day 'no quibble' refund, I decided to go with the Argos 100 day exchange, as there was a 20% discount on many mattresses, so I decided there was a good enough bargain in sale to go for, so the mattress is about to be collected, and hopefully a second mattress arriving soon after (different make).

I was in two minds about this, as the Argos terms are more picky with regards to the returned mattress being clean for (I assume) a resale of some sort. I've been careful, and I'd certainly regard the mattress as clean, but it does give them some scope to quibble if they want to be awkward and trump an excuse up. Also, of course, if I'm not happy with the 2nd mattress, I can't return that one. I did mention both options on the phone, the Dormeo 60 day 'no quibble' refund, and the 100 day, but it was obvious I was going to have an argument on my hands if I tried to push the 60 day option, so I took the line of least resistance, for better or worse.

Slightly worryingly, my first calls to Argos, I was told by them they'd try to exchange the mattress same day, but on my latest call, apparently I now have to wait for the first mattress to be collected before the second one is sent at some as of yet, unset date, which I hope doesn't mean they're going to get awkward. I'm going to photograph the mattress before it goes as evidence. Hopefully I might also still have the fallback of the Dormeo 60 day 'no quibble' refund, if they do, as I was in the 60 days when I called to say I wasn't happy with the mattress (I think it's just gone over 60 days, now).

Should I maybe also canvass the opinions of the collection men to vouch that it's clean, as a source of evidence?

Also, oddity!

Also, something slightly odd happened the other day with regards to the missing memory foam pillow, that was supposed to be initially delivered free with the mattress. Well, it turned up as an unexpected delivery! I bemusingly thought to myself "that seems odd and slightly generous, saying I'm sending the mattress back" (I didn't actually sign for it myself, my neighbour took it in).

...then I got a little suspicious, particularly as they seem to have only sent it AFTER I requested to send the mattress back. Maybe as I'd also complained that I hadn't received what I ordered in the first place (they sent two regular pillows instead), they're trying to cover themselves in this regard, as it now means they've finally supplied everything I should have received, which hints they're going to try and quibble, or am I being too suspicious?

I am going to return the two free regular pillows (unopened) with the mattress (assuming the delivery men will take them), but I am temped to keep this pillow, as I was wanting to give a memory pillow a try, and particularly as it says on the Dormeo website, "The good news is that if your mattress was bought with one of our free memory foam pillows and decide to return your mattress under our 60 night comfort guarantee, the pillow is still yours to keep!" (see https://www.dormeo.co.uk/60-night-trial ), so apparently it is mine to keep! - but I don't want to compromise my chance of my exchange by doing so. Should I return it also to be on the safe side?

Anyway, either way, I won't be opening it if I keep hold of it, until my exchange mattress is sent to me.

Thanks for any help and advice.