Spoiled mattress delivered

Found 10th Jun
Quick question..

Recently bought a mattress, which arrived 4-5 hours late.

Main problem is, opened the outer layer of plastic, then noticed there was a cut in the inner layer plastic, which looked like dirt had gone through; couldn't tell due to poor lighting.

Opened it to check, and can confirm it was dirt/spoiled, had to sleep on it (otherwise, I'd be sleeping on the floor, though I used a mattress protector and bed sheet etc).

I called retailer, and apparently they won't replace because I have slept on it.. even though it was opened/dirty from the beginning? I have photographic evidence of before and after I opened it, of the dirt that is..

Anyone know what I can do? Or is this something I have to suck it up?

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Why did you tell them that you slept on it?
I can see where the company is coming from . To start with you didn't need to completely open the mattress cover , just a tiny bit where you thought there was an issue to check it . Then either way if you had a problem with it , you shouldn't have used it ( sorry if that meant a night on the floor, sofa, using an old mattress etc) . If you were happy to use it for the night, the company who sold it to you can't now resell it as simply shop soiled, they would have to get rid of it . Also you say you couldn't see if it was dirty before you opened it due to poor lighting , so I assume the photo before you opened it also doesn't show it was dirty prior to opening .

You could try to claim via your payment method , but I wouldn't be hopeful under these circumstances .

someone less honest will no doubt also come along and tell you that you shouldn't have told them you used it , because that's the reason for not getting them to replace it.
Did you buy it online or from a shop in store
Why did you tell them that you slept on it?
Is it comfortable?f so just live with it. You accepted it and slept on it. You might not be a fraudster but I bet there are plenty that are. You only have to look at the "i sold something on eBay but now the buyer says" threads to know this.
Agree it would have been alot easier to not of used/told them you used to resolve.

The purchase clearly does not conform to the contract formed and you are rejecting. I would put this in writing and advise as per rejection you will look after their goods for a reasonable period for them to arrange collection. The sooner you do this the clearer the case.

This link discusses someone in a similar situation albeit rejecting for back problems


Dsr is now equals consumer rights act.

Question Dannyrobbo asks is interesting - albeit the goods delivered by them and presumably from their warehouse believe distance still comes in.
Always inspect before signing.
That was a long quick question.
Can you not just deep clean the dirty patch and continue to use a mattress protector?
as others have already said, not much you can do now that you have slept on it and told them you did. you should be able to clean it, try using carpet cleaner or stain remover cleaner and it should be fine.

put the dirty side on the bottom and you will never see it again
Thanks all for the reply!

Yeah, I personally find it uncomfortable to not tell them that I slept on it etc.

They should be calling me tomorrow (hopefully), or I'll call them, they said they can offer some money back

Just to answer other people's questions:
Bought online
There were two layer of plastic, the outer layer seemed fine, it was the inner layer that was cut
It was a one sided mattress

Hopefully they're kind enough to see it from my situation and offer some sort of solution - will update you guys!
Edited by: "xsor" 11th Jun
If they aren't budging on replacing it them I would just scrub it clean, if it's just dirt it should wash out easily enough.

It's not very good customer service though.
Bigfootpete1 h, 9 m ago

If they aren't budging on replacing it them I would just scrub it clean, …If they aren't budging on replacing it them I would just scrub it clean, if it's just dirt it should wash out easily enough.It's not very good customer service though.

Thanks for the concern

They didn't want to replace it, but I already accepted that possibility when I slept on it; but just thought it might be different as the mattress was already exposed to dirt etc.

They did in the end offer me a reduction in price, which is the next best option. Their staff were very nice and helpful, and were quite understanding ^^
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