Yes and no. It may not be possible to return a mattress purchased in a brick-and-mortar store, if it complies with the contract. The law does not impose an obligation on brick-and-mortar stores to accept returns of full-fledged products. However, if the purchased product is inconsistent with the contract, it is subject to the possibility of return under the law.
Yes. The return of a mattress purchased in the online store is a basic consumer right. It may take place without indicating the reason and may not cause any additional obligations on the part of the consumer, except for covering the costs of return shipping. Also, in some cases, the cost of shipping is covered by the seller.
Yes. Mattress can be returned regardless of whether it is in its original packaging or in replacement packaging. This is stated in both the Polish law and the previous decisions of the President of the Office of Competition and Consumer Protection. This applies not only to Poland, but also to the entire European Union, as confirmed by the judgment of the Court of Justice of the European Union in case C-681/17.
Mattress must be returned within 14 days from the date of issue. Then it must be delivered to the seller. The mattress can be returned by personal delivery to the nearest registered office of the entrepreneur (e.g. a company store in a given city), as well as by sending it to its headquarters or warehouse. This choice is always up to the consumer. If the entrepreneur has more than one address, he cannot impose on the consumer the obligation to deliver the returned mattress to a specific address.
The return of the mattress on time and in the statutory mode may not involve any additional fees. The consumer is liable for a decrease in the value of the goods only if during the use of the mattress it went beyond the extent necessary to assess its nature, characteristics and functioning. However, the entrepreneur must prove that the given use actually reduced the value of the mattress, and also document the costs incurred in this connection in a reasonable way. The use of the mattress as intended shall not result in additional charges being imposed on consumers.
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