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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44850
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I recently bought a new mattress for my bed from Marks and

Customer Question

I recently bought a new mattress for my bed from Marks and Spencer, which was delivered on 3 July last.
I was not immediately happy with the mattress but decoded to try it for a while to try to get used to it.
After trying it for a few weeks to determine whether I could get used to it, I am still not happy.
However Marks and Spencer tell me it is now too late for a refund.
What are my legal rights in this situation, please?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. What is wrong with the mattress please?

JACUSTOMER-bnbca9oi- :

There is nothing wrong with the mattess as such, it is just not suitable for my use. As I am 86 I have difficulties getting on to the the mattress. The edge gives way when I attempt to climb in to bed. The Mattress is also very thick and therefore rather high thus adding to the difficulties.

Ben Jones :

As a consumer, who has made a purchase from a business seller, you will have certain rights under the Sale of Goods Act 1979 (“SGA”) and the Sale and Supply of Goods to Consumers Regulations 2002 (“SGCR”).

When you purchase goods, your statutory rights say that you can expect them to be of satisfactory quality, as described and fit for their purpose. If they are not, you will have certain legal remedies against the retailer that sold you the goods (not against the manufacturer).

There is no remedy for fair wear and tear, misuse or accidental damage, or if you decide you no longer want the goods.

If the goods are not as described, of satisfactory quality or fit for purpose, you have the following rights:

  1. Reject the goods and request a refund - this is only possible if the rejection occurs within a 'reasonable time'. This period depends on the circumstances, although it is generally accepted to be within 3-4 weeks after purchase.
  2. Ask for a replacement – if you are too late to reject the goods, or simply do not want to return them, you can still ask the retailer for a replacement without causing any significant inconvenience.

As the mattress appears to be of satisfactory quality and as described the only argument you have here is that it was not fit for purpose. Whilst they may be unlikely to issue a refund you could at least try and negotiate a replacement that is more suitable for your needs. As a big corporate body whose primary objective should be good customer service I would hope that by escalating this further you would get a positive outcome.

Ben Jones :

Please let me know if this has answered your query or if you need me to clarify anything else for you in relation to this?

Ben Jones :

I hope this has answered your query and would be grateful if you could please take a second to leave a positive rating - your question will not close and I can continue providing further advice if necessary. Thank you

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