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Issues with a new mattress- unable to return/exchange

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Hi all, need some advice please.


We purchased Ultimate Amira Healthopaedic mattress via Bed Factory (1-4 Spence Lane, Leeds, LS12 1EF).


We purchased the mattress on 25.4.16 for the nursery and started using it on 8.7.16 when our daughter was born.


The mattress is not of satisfactory quality due to the wearing and sagging that's occurred within weeks. I'm of light build and a mattress should last years before that type of wear occurs.


The retailer advised they're not in a position to refund or exchange and referred us to the manufacturer. Basically asked us to take pictures (which barely show the issue but it DOESN'T FEEL LIKE NEW at all) to be sent to the manufacturer to'make a decision'.


I decided to contact the manufacturer and the retailer's head office directly as I wasn't happy with the store manager's advice.


The manufacturer advised the responsibility lies with the retailer. The retailer's head office asked for pics to be forwarded to them. The mattress was comfortable to begin with, the past 2 weeks I noticed once you get up it doesn't regain its shape. I did my best with the pics- they barely show the dents and I'm worried I'm just being fobbed off.


My last email (no reply to it yet) is below:



Good morning,


Images attached.


Would you offer a comment on why Steve advised these were to be sent to manufacturer 'to make a decision' and it had nothing to do with the store?


First attachment- please also take a closer look at the left border/side- it's not straight and already dented as well. This isn't what a new high quality mattress should look and feel like.


Please treat this as a formal complaint- a similar replacement product would be an ideal resolution. We used the store before and bought the mattress for our master bedroom from you-still very pleased with it and happy with the service provided at the time. This is the reason why we decided to use you again-unfortunately, at the moment this situation appears a blatant attempt to fob off a returned customer.


Please include at attachment or a link to your complaints handling procedure.


So any advice on where I stand with this one and who I take it up with if I get no joy with the retailer would be much appreciated.


Thanks guys!

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You stand at the very top. As advised by the maker, it has nothing to do with them but only to do with the store, it is the sellers problem.


Yes, they will try and fob you off as customer service doesn't exist for many commercial establishments any longer.


You just keep going with this and if shove comes to push and you need legal assistance, you thread will be moved into that section.

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Well, I've got a reply from their customer service- looks like I'm not getting anywhere with my request.

Apparently there's a tolerance level to the sagging a mattress can have. Who's established it?


I can't possibly send him any more 'images which more clearly shows this problem'.




Thank you for your emails, the contents of which have been noted.


You are of course perfectly correct in your assertion. Your contract is with us, the retailer, not the manufacturer.


However in reality, should any product prove to be faulty, ultimately the manufacturer will be obliged to accept the return of the goods in question, and so it is considered a question of courtesy to give them the opportunity to review the complaint in question.


I have studied the images you have sent, and cannot see any evidence of the wearing that you refer to. If you would kindly send me an image which more clearly shows this problem, I will gladly look again.


With regard to the “left border/side- it's not straight and already dented”. I have included an image of a Myers mattress which retails at £289. You can clearly see that the borders are not straight. This is because mattresses are not solid objects, and generally follow the contours of the material beneath.




The sagging that you refer to appears to me to be within tolerance, but if you wish to send me a clear image with a measure detailing the depth of the depression, I will gladly look again.



aceptable dip


“Please include an attachment or a link to your complaints handling procedure”.


I am not aware of any obligation for a retailer to have a complaints handling procedure, except for internet sales, which is not relevant in this case. We are a small company, I personally become involved in only a few complaints each year.


Please do not hesitate to contact me should you need any further assistance.


Kind regards


General Manager



aceptable dip[2].jpg

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Has the retailer told you what the tolerance levels are and can back this up with documentation by the supplier?


I would send one more letter, if no joy then letter before action and then an Online Court Claim.



NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!


If I have helped you, click on the star & say thank you

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Good thinking!!!

Just posted this reply to them:


Good afternoon,


Thank you for your reply.


Please forward the product description where the sagging tolerance of a particular mattress that's been in use for a particular time is defined. This should be relevant to the model we purchased that's been in use for just over 7 weeks now.


Unless it's defined by the manufacturer for this particular model this is a matter of your perception against mine and makes the 'acceptable dip' example irrelevant.


I also understand the mattress should be covered by the warranty- could you please send a copy as we'd like to check what is covered and what the exclusions are.


I appreciate you're a small company and might not have a complaints handling process in place. You do need to signpost me, however, how this can be escalated further if the issue is unresolved (my local Trading Standards office, the Consumer Ombudsman?).


Once I get the chance to review the warranty information and the 'sagging tolerance levels' definition in the product description I'll look into sending you further images.


Thank you.

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Keep in mind that is not up to you to prove there is a problem with your mattress, it is up to them to prove there isn't.


You don't have to send them pictures etc; it is up to them, once a complaint has been lodged, to come and investigate themselves.

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The recent reply from the manager


Good morning Mrs Paulikva.


You initially raised three concerns with the mattress.

Undue wear.

Border not straight.

Sagging in the centre.

The manufacturers have now seen the images, and they agree with my initial assessment, that no fault is indicated in these images.



“Looking at the images provided, there is no fault with the mattress as the settlement they are experiencing is due to the natural fillings used”.

“Should your customer still be unhappy, then we can send an independent inspector out to them, but should this come back with no fault,

then the charge of £40 + VAT would have to be passed on to you”.

We would now request the opportunity to have the mattress independently inspected. On the basis that we will pay for the inspection if the mattress is found to be faulty, and you will pay should it not.


If we are unable to resolve this matter amicably, then of course there are several avenues open to you. Trading Standards, County Court etc.


Kind regards

General Manager



I still have no idea what the tolerance levels are and how independent this process is. I'm sure it'll be found to be perfectly fine and I'll be left out of pocket even more.


Can someone please help?

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I'm not sure exactly what help can be offered as no one here has seen the mattress nor would they be able to determine if what you are complaining of is within the tolerances claimed by the seller and the manufacturer.


All I can suggest is that you let this inspector see the mattress and if you are not satisfied with his determination and you still believe it is faulty then you can only bring in your own expert to do an examination.


You can by all means make a report to Trading Standards, but they, unfortunately, would be in the same position as adviser on here. Trading Standards only issue advisories and rarely take up cases personally on behalf of consumers.


If they have similar complaints on record, then they will act but on their own behalf.

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