Q: I purchased a brand new mattress with a 10-year warranty. After only six months of use, the mattress started caving in so I reported it to the seller who replaced it with a firmer model. After some time, the new mattress also started caving in.

Now the seller wants to replace the mattress with a spring type  mattress, but I told the seller I wanted a refund. My request was refused as the seller argued that the company does not issue refunds.

What are my rights?

A: The law provides consumers with the right to request a free remedy from the seller when the goods purchased are not fit for purpose or do not show the quality and performance which are normal in goods of the same type. The remedies available to consumers under consumer legislation is first to have the problematic goods repaired or replaced. When these remedies are not enough to resolve the problem, then consumers may request part or full refund of the money paid.

In your case the seller has already tried to replace the faulty mattress and the same problem recurred. Furthermore, the seller cannot oblige you to accept a different type of mattress. In such situations your consumer legal rights prevail over company policies and hence you may insist with the seller for a full refund.

At this point you should make your request to the seller in writing by sending a registered complaint letter. If the seller still rejects your request, then you may lodge a complaint with the Office for Consumer Affairs.


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