New user problem

sheilapeter

New Member
Feb 18, 2012
8
0
0
My wife ordered a matress from an on-line supplier and specifically stated that she wanted a latex mattress without memory foam, that she could use straight away, and some need to be vented for up to a week to off-gas. She is diabetic and suffers from asthma and cannot tolerate chemical smells. This was promised by the salesman. An email confirmation was sent to us but we could not open it as it was done via a spreadsheet program that we do not have. I emailed to inform them we could not read it and they simply sent the same thing again.
I have subsequently opened it via Star Office and it simply states Luxury latex.
The mattress arrived the next day and when opened absolutely stinks of chemicals and is quite unusable for her.
The cover of the mattress is removable and on opening it clearly has 2 different layers of foam the top one of which feels to us to be memory foam.
I wrote to them as below

I ordered a mattress from you on 14th Feb and was sent an order confirmation that I cannot open in any format on my computer. Neither Word nor Adobe will open it; I presume it is in the form of a spreadsheet, which I cannot access.

The mattress was delivered the next day and was I impressed with the speed of delivery, however, the mattress itself is not at all what I want or ordered
.
I spoke at length with Craig prior to ordering, and was very specific that I did not want a mattress containing memory foam!
I also specified that I wanted to be able to use the mattress straight away, which he said I would be able to do.

I am diabetic and suffer from asthma and am very sensitive to smells.
On opening the mattress there was a most unpleasant chemical smell and I was unable to use it because it made me feel sick.

I have left it in a room with the windows open since then but the smell is still there and is actually noticeable in the rest of the house.
I have opened the cover on the mattress and there are clearly 2 layers of foam, the top one feels to me to be memory foam, which I specifically stated that I did not want.

I find this completely unacceptable and am not prepared to have this mattress in the house, as I cannot tolerate the smell and as it does not fulfil the qualities that I was led to expect when I placed the order.

I would like you to arrange collection of this mattress as soon as possible and want a full refund for £353.99.

They have today emailed me,
Dear Sheila Montague



Thank you for your email. As you are not able to open the attachment we have sent, we will send your receipt in the post. We have received your photos and will forward them on to the manufacturer to verify the foam in the mattress.



Customer Services will contact you once we have verified the foam in the mattress.



Kind regards,



0844 3911222

I am under the impression that distance selling regulations allow us to cancel within 7 day for whatever reason.
In our case we have been sold something other than we wanted.
Where do we go from here.
Obviously it would be difficult for us to return the mattress if we had to do so as it was vacuum packed in plastic which obviously we could not do even if it were our responsibility which I do not think it is. So we are left with a stinking matress shut in a room with windows open.
Any help or advice would be much appreciated.
Thanks
Peter
 

ALewis

Moderator
Nov 23, 2010
691
4
0
South Wales
Hi there,
Generally mattresses cannot be returned under the DSR's due to hygiene reasons, unless unopened from its packaging.. But you have opened it, naturally.
However.. They may just roll over with it anyway.

Anyway.. You do have rights under the The Law of Contract, as you have been provided with goods that you did not request, meaning that they are in breach of contract.

You done good with your letter to them, however.. How do you know the foam is 'memory foam'? (I'm not being awful or anything).. However if you stated that you wanted no foam, then the mattress should not have ANY type of foam,
Furthermore, the sales person said it would be ready to use, without airing, which is incorrect due to the fumes would could be unsafe to an asthmatic person. So furthermore breach of contract.

It is your decision to have either: refund / replacement / exchange, however it's understandable that you want a refund. You should not have to pay for the collection/delivery of the mattress, though it may be requested that you pay for it and get refunded once they receive (which is acceptable), however it is your responsibility to re-package it as much as possible - simply Sellotape the plastic wrap round it again.. Your not expected to be able to vac pack a mattress.

You don't necessarily need to wait for the manufacturers response, due to the breach regarding smell and fumes. Go ahead and ring up/send email/letter, to the manager requesting the collection and refund.

Hope this is of use.
Adam
 

sheilapeter

New Member
Feb 18, 2012
8
0
0
Thanks for your reply Adam.
Obviously the problem only became apparent when the mattress was opened.
My wife specified only latex and the confirmation simply says 'luxury latex'
The foam top layer may or not be memory foam but it feels like any memory foam I have ever felt in that if you press your hand in it, it stays that shape for a short while.
There is advice on the website about memory foam....

A Notice for Memory Foam Mattresses
All memory foam mattresses and products give off a distinctive odour once opened. This is normal and the smell is a by-product of the manufacturing process. This 'new foam' smell is safe and non-toxic and does not trigger allergies, but it can bother people who are sensitive to smells.
Our memory foam mattresses are aired out for several days after manufacturing, but if the smell is still too strong for you when you unpack the mattress then it is advisable, if possible, to let the mattress air for a day or two in a well ventilated room before use. If the smell doesn't bother you then feel free to sleep away!
The smell should ease up after anything between a couple of days and a week or so, depending on the memory foam mattress production date, the environment you have it in, and how sensitive you are to the smell.
To help speed up the process though, here are some more tips - Keep the room with the mattress in well aired. Wash the sheets after the first night or two, and repeat as necessary. For some, a dish of vinegar by the bed can help neutralise the odours. Ozone generators or air filtration can help if you have access to one.


Since it does smell incredible strongly I think it is a fair bet that it is memory foam, which as I have already said was specifically said we did not want. Even if it is not technically memory foam it is still unusable for my wife.

I have e-mailed the company saying that it is unacceptable and to arrange collection. Obviously will get no response before Monday now.
Thanks again,
Peter
 

ALewis

Moderator
Nov 23, 2010
691
4
0
South Wales
Ah right I see what you mean regarding staying in shape.. Just to forewarn you, the company may tell you that it isn't memory foam and state some other similar foam, but this is regardless as they are still in breach with the out of packet situation.
Well let us know how you get on, and then if necessary, I will talk you through the next steps.
Adam
 

sheilapeter

New Member
Feb 18, 2012
8
0
0
Adam,
We have had no response to my emails.
I thought I would wait for the post today to see if they had responded by mail but the post has been and there is nothing from them.

They did say that they would post us a receipt as we had not been able to open the one they had sent as it was in a spreadsheet format that we did not have software for - they have not sent that either.

I did eventually manage to find an office program that would open it and it says virtually nothing except Luxury latex 4Ft and the price. I will try to attach it to this post if I can do it.
I have managed to wrap up the mattress and seal it. I have had to move the mattress into the the garage
( integral with the house and dry) because even with it gone the bedroom still smells despite having had the windows open since last week.

It seem pretty evident that they are not remotely interested in our complaint- I don't want to phone them because I would like there to be a written record of everything that might be said.

I don't know how we proceed from here, if they are not going to respond.
I did pay by credit card, which I understand gives you some protection but don't know how that works. We would obviously be very grateful for any advice you can give us.
I cannot attach the receipt it is apparently to big to attach.
Thanks
Peter
 

ALewis

Moderator
Nov 23, 2010
691
4
0
South Wales
Hi again,
Well you can ring up and state that you've sent them an email and request a reply via email within the next 5 days stating that otherwise you are prepared to take legal action
If you have no comms from them in 5 days time you will need to follow the procedure of small claims court or you could claim off your credit provider under 75 , this section 75 claim is as follows (simplified):

You purchased via credit card - over £100, thus the credit company have agreed to be jointly liable with the retailer for your goods. And this is why you can claim off them.
If you google 'section 75 credit claim' you should find Martin Lewis (moneysavingexpert.com)'s website where the claim is explained in a really easy to understand way for a consumer, you're best taking a look at that.

Or if you wish to head down the court route, write to the retailer with your complaint, give them an appropriate time scale for collection and refund of the mattress, and state that if they fail to meet the deadline, begin the claims process with the small claims court..

Let us know how the phone call goes, give 5 days for a response.. If this 5 day deadline has elapsed and you've had no contact, get back to me letting me know what path you wish to follow: credit claim / court , and then I'll explain in detail - no point writing it out now as you may get contact .. Saving my typing fingers lok

Adam
 
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sheilapeter

New Member
Feb 18, 2012
8
0
0
Thanks again Adam.
I emailed to tell them that I wanted a response in 5 days etc and shortly afterwards received a phone call from them admitting they had sent the wrong mattress and arranging for pick-up. I asked them for confirmation in an email which I have received and copy below.
Thank you so much for your help, but isn't it a pity that you have to threaten legal action before they admit they are in the wrong.
Peter
*************

Dear Peter and Sheila Montague,



I can confirm the manufactures has sent you the incorrect mattress containing memory foam.



I have arranged collection for Thursday 23/02/12 for the mattress to be uplifted.



Once I can confirm the couriers have successfully collected the mattress from your property I will give you a call to confirm a refund will be processed.



I apologise for all inconvenience caused in this matter.



Kind Regards

Jodie

MattressNextDay
 

ALewis

Moderator
Nov 23, 2010
691
4
0
South Wales
It's not a problem at all,
I know, it's terrible there has to be threats in order for something to be done, but that's unfortunately how the world works...
Well hopefully the courier will arrive for you, and I hope that the refund all goes well for you.
Can I be cheeky and ask you though to click the 'thanks' button for my posts - just boosts my stats a little on here.. Only if im deserving of a 'thanks' though of course :)

Adam
 

ALewis

Moderator
Nov 23, 2010
691
4
0
South Wales
Oh no it's not exactly procedure, though there is a rating system based on these 'thanks'. Though from roughly 150 advice posts by myself, I only received 27 'thanks'
Do thank you very much,
Any more problems, please get back to us.
Adam
 

sheilapeter

New Member
Feb 18, 2012
8
0
0
Hi again Adam,
Obviously I was feeling too good too soon, as no collection took place and then they lied to me as you can see from the copy of my email to them below.
Peter

***************

As you will obviously know, the mattress was not picked up today.

I phoned just before 5.00pm when we began to realise it was not going to be collected and spoke to Craig.

He phoned me back a few minutes later after " speaking to the couriers" and assured me that they would be with us before 6.00pm.

Clearly they did not arrive and, frankly, I fail to see what you are playing at. Why tell us something that clearly was not true?

By your own admission you sent us the wrong mattress, despite originally stating it was correct and now you seem to be deliberately lying to us about collecting the mattress.

I want to hear from you on Friday morning with a definite time that you will be picking it up.Please do not try to fob us off again.

Peter Montague 20.49
23 Feb 12
 

ALewis

Moderator
Nov 23, 2010
691
4
0
South Wales
Hmm, well that's handy isn't it..
Did you have to take any time off work to allow for the courier?
Well what I suggest now is, await their response with a new collection date - and tell them (of you need to) that you are taking the time off work, so failure to pick it up will result in compensation. and also state that if they fail to pick it up, you are prepared to take them to court for the refund.
But can't really suggest anything else at the time being, just need to await their reply.
Adam
 

sheilapeter

New Member
Feb 18, 2012
8
0
0
Well, despite being messed around from 8.30 this morning (apparently the courier's phone lines were down!) to our complete amazement the mattress was finally picked up at 4.00 this afternoon.
We have been told that a refund has been issued, so hopefully all is now well.
Thanks again, Adam.
Peter
 

ALewis

Moderator
Nov 23, 2010
691
4
0
South Wales
And even I weren't expecting that!
Well they've lied and twisted the truth, so let's see about the refund...
Hopefully (in the nicest way) we won't have to hear back from you again, but saying this, I'm quietly confident that in 3 days time or so there may be an issue with the refund :)
Half full though, not half empty eh?
Adam