Company not sticking to their word

Just The One

I bought a mattress last year. The company i bought it from have gone out of business but the manufacturer asked for some details... i provided them with most of it expect for one bit and asked them to trust me that it was a genuine article. They said they would trust me and asked if i wanted a refund of replacement. I told them a refund and that was the last I heard from them for two weeks.

I now get an email telling me "...we unfortunately cannot refund back money and we prefer that you buy one of our mattresses at discounted price..."

have I got any legal standings?

RangeR

Just The One wrote: »

I bought a mattress last year. The company i bought it from have gone out of business but the manufacturer asked for some details... i provided them with most of it expect for one bit and asked them to trust me that it was a genuine article. They said they would trust me and asked if i wanted a refund of replacement. I told them a refund and that was the last I heard from them for two weeks.

I now get an email telling me "...we unfortunately cannot refund back money and we prefer that you buy one of our mattresses at discounted price..."

have I got any legal standings?

No. You're contract was solely with the company you purchased your mattress with. Anything the manufacturer offers is purely for good will and not obliged to do anything.

Just The One

RangeR wrote: »

No. You're contract was solely with the company you purchased your mattress with. Anything the manufacturer offers is purely for good will and not obliged to do anything.

eventhough the mattress is defective?

RangeR

Just The One wrote: »

eventhough the mattress is defective?

Your contract is with the seller. The manufacturer didn't sell you the mattress. The company that went out of business did.

So yeah, even if it's defective. See if the manufacturer will go for a replacement rather than a refund. other than that, move on and buy another.

How is it defective? Lose spring or something majorly dangerous [for a mattress ]

Just The One

RangeR wrote: »

Your contract is with the seller. The manufacturer didn't sell you the mattress. The company that went out of business did.

So yeah, even if it's defective. See if the manufacturer will go for a replacement rather than a refund. other than that, move on and buy another.

How is it defective? Lose spring or something majorly dangerous [for a mattress ]

It has sunk on either side.. middle of mattress is perfect however!

RangeR

Just The One wrote: »

It has sunk on either side.. middle of mattress is perfect however!

If the manufacturer won't play ball [and be nice to them as they are under no obligation] you will just have to walk way and take the hit.

jimoc

Just The One wrote: »

It has sunk on either side.. middle of mattress is perfect however!

Have you tried sleeping in the middle and see if it evens out

seagull

Was it sold with any kind of manufacturer's warranty?

whiterebel

Just The One wrote: »

It has sunk on either side.. middle of mattress is perfect however!

I haven't time to go look through it, but I'm sure this scenario is covered under the Sale of Goods Act. OP have a read through it, or ring the Consumer Association

Just The One

seagull wrote: »

Was it sold with any kind of manufacturer's warranty?

there is a big sticker on the bed that says 12 year warranty

RangeR

Just The One wrote: »

there is a big sticker on the bed that says 12 year warranty

This is the first time you've mentioned this.

seagull

Find your receipt and go and bug the manufacturer.

Just The One

seagull wrote: »

Find your receipt and go and bug the manufacturer.

I have proof of purchase (credit card statement) but no receipt (cannot find it). The manufacturer have not asked for proof of purchase to date....

They have just said they will give me a discount on another mattress. I think that they have just accepted liability by implication.

RangeR

Just The One wrote: »

I have proof of purchase (credit card statement) but no receipt (cannot find it). The manufacturer have not asked for proof of purchase to date....

They have just said they will give me a discount on another mattress. I think that they have just accepted liability by implication.

No, they will say that they have offered a discount as a gesture of good will. Have they actually accepted liability. Don't assume. Have they said the words?

I'm unsure where you legally stand in this case. Sales of Good and Supply of Services act only covers the two parties [buyer and seller]. I'm pretty sure it doesn't cover the manufacturer.

seagull

If the manufacturer offer a warranty, then you can look to them to replace faulty goods.