Return a mattress – what to do if the seller makes it difficult?

As a rule, returning a mattress should not be a problem if the purchase of the mattress took place online. In the case of purchases in a stationary store, the return of the mattress depends on the internal policy of the given entrepreneur.

Meanwhile, the reality shows that sellers notoriously make it difficult or impossible to return a mattress, regardless of the sales channel. Often, after reading the regulations, you can see that they are not very beneficial for consumers. Sometimes, however, the possibility of returning the mattress actually consists in the possibility of exchanging it for a more expensive model.

Despite the fact that the actions of many of them violate the law, and some have already been punished by the Office of Competition and Consumer Protection, they feel completely unpunished. On the one hand, this is due to low consumer awareness, and on the other hand, to too few severe penalties and a small number of inspections.

Therefore, opposing dishonest sellers of mattresses, ONSEN® specialists have prepared a text to help customers who are struggling with entrepreneurs trampling on their rights. The mechanisms and legal provisions described in it apply not only to mattresses, but also to other goods. Thanks to this, it has a universal character, helping people who do not have legal knowledge.

What customers often tell us about their experiences with mattress stores is that sellers inform us that mattresses purchased online can only be returned if they are not unpacked. Sometimes there is a requirement to fold them in a certain way, or even roll them.

These requirements are absurd. Apart from the impossibility of rolling the mattress at home, which requires the use of specialized presses, testing a mattress packed in foil sounds like a joke. For many people, however, it is not a joke, because in this way they are prevented from returning the mattress.

Of course, such restrictions have no legal basis. Their main goal is to discourage the consumer from returning the mattress, which is aimed solely at increasing the entrepreneur's profit. Hardly anyone decides to file a lawsuit against him, although the civilized world considers them to be illegal clauses.

Some entrepreneurs completely exclude the return of a mattress purchased online, which motivates them with the alleged exclusion from the provisions of the Act on Consumer Rights. Such action is completely contrary to the legal order. In addition, it violates the interests of consumers in a flagrant and reprehensible way.

Therefore, some mattress stores, as well as several well-known mattress manufacturers, although they have not decided on such legally questionable solutions, try to circumvent the law. The most common method is the use of regulations, which assume the return of the price of the mattress after deducting the fees for their alleged cleaning or disinfection.

This solution also raises great legal doubts. As a rule, the return of the mattress on time and under the statutory procedure may not involve additional fees. The consumer is responsible for reducing the value of the mattress only if, before returning it, it went beyond the scope necessary to assess its nature, characteristics and functioning.

Many such entrepreneurs assume in advance that the returned mattress has decreased its value by a percentage or amount specified in the regulations. Thus, it is assumed in advance that the returned mattress has always been tested beyond normal use. This, in turn, is considered unacceptable by most lawyers and judges.

However, the entrepreneur must demonstrate that the mattress was used inappropriately, which actually reduced the value of the mattress, and also reasonably document the losses incurred in this connection. The use of the mattress as intended may not result in additional charges being imposed on consumers.

Thus, the return of a mattress purchased online is always possible under the law. At the same time, the consumer, apart from a few exceptions, may not incur any fees on this account. Especially when - as in ONSEN® - the returned mattress is no longer for sale, but is recycled or converted into bedding for pets.

A mattress as a commodity is a movable item defined in Art. 2 point 4a of the Act on consumer rights, as well as a thing as a material object in accordance with art. 45 of the Civil Code. These definitions apply to almost everything that we can buy in stationary stores or online stores.

The basic legal act that we should pay attention to when we intend to return a mattress is the Consumer Rights Act. It regulates the obligations of the entrepreneur towards consumers. Equally important is the Civil Code, which applies to all kinds of contracts, including those concluded between the store and the customer.

The right to return a mattress purchased in the online store results directly from art. 27 of the Consumer Rights Act. The latter imposes on each seller the obligation to accept returns of mattresses within 14 days of handing over the item. This return is related to withdrawal from the sales contract.

It can take place without giving a reason, and the consumer does not have to incur any additional costs. However, pursuant to Art. 34 sec. 2 of the Act on Consumer Rights, the consumer bears the cost of returning the item, i.e. the return shipment. However, if the dimensions or weight of the shipment exceed the limits set out in the regulations of Poczta Polska, then pursuant to art. 34 sec. 3 of the Act on Consumer Rights, the cost of the return shipment is covered by the entrepreneur.

Although many stores say that the return of the mattress is impossible for hygienic reasons, this is not true. It is common for customers to be mistaken that the mattress is a personal use item that is not returnable after opening the package, and directly and blatantly violates the law.

Mattresses are not covered by the exclusion referred to in Art. 38 point 5 of the Act on Consumer Rights. Thus, preventing the return of the mattress on the basis of such a provision (abusive clause) constitutes a violation of Art. 27 of the Act on Consumer Rights by limiting the consumer's right to withdraw from a distance contract.

Pursuant to the decision No. RPZ-12/2020 of the President of the Office of Competition and Consumer Protection, it is a prohibited activity, because it is an unfair market practice within the meaning of Art. 5 sec. 3 point 4 of the Act on consumer rights in connection with art. 5 sec. 1-2 of the Act on Counteracting Unfair Market Practices. As a consequence, the exclusion of the possibility of returning a mattress purchased in an online store constitutes a violation of Art. 24 sec. 1-2 of the Act on Competition and Consumer Protection.

The return of the mattress is directly related to the judgment of the Court of Justice of the European Union in case C-681/17, which directly states that the return of a mattress purchased in an online store is also allowed when it has been removed from the foil or other packaging.

In the justification of the judgment issued, the Court of Justice of the European Union, also referred to as the CJEU, indicated that even the potential use of a returned mattress does not make it unfit for re-use. As an example, he gave hotels, where the same mattresses serve different customers for years.

Moreover, he noted that there are techniques for cleaning the mattress so that its resale does not result in any prejudice to health or hygiene requirements.

In the opinion of the judges, the mattress is a product identical to clothing. In order to find out about the specific functionalities of the mattress and, consequently, to properly assess its features, the consumer must unpack it. It is impossible to determine its properties through foil or other packaging. Also from the point of view of logic, it would be completely absurd.

What is additionally important, the return of the mattress, whose weight and dimensions make it impossible to send the parcel by Poczta Polska, made in accordance with the statutory procedure and time, is always at the seller's expense. This results directly from Art. 34 sec. 3 of the Consumer Rights Act.

This issue looks different when we intend to return a mattress purchased in a stationary store. The regulations impose an obligation to accept returns only in relation to products purchased off-premises, i.e., for example, in an online store or during one of the questionable shows.

Acceptance of product returns, including the return of the mattress, by brick-and-mortar stores depends on the seller's will and his own return policy. This, however, must also be legible, because it is part of the contract, which is a purchase contract under the provisions of the Civil Code.

This applies to situations where a given mattress is fully compliant with the offer, and thus with the concluded contract. When the parameters of the materials used in it differ from the promises of the mattress manufacturer or the seller, this entitles us to return the mattress on the basis of non-compliance of the goods with the contract.

Especially when a different type of polyurethane foam was used in the production of the mattress and/or they differ in density or hardness from those indicated. This is because it is a significant defect affecting the operation of the product in a way that can only be removed by replacing the mattress with a new one that would be free of it.

According to Art. 556 of the Civil Code, the seller is liable to the buyer if the sold item does not comply with the contract. In addition, pursuant to Art. 579 §1 of the Civil Code, the buyer has the right to exercise the rights in this respect. These include a request to repair or replace the product with a new one, as well as the possibility of withdrawing from the sales contract.

Generally, online mattresses are definitely a safer solution than buying them in stationary stores. Although most often these are the same mattress stores as stationary, the mere fact of the possibility of returning a mattress purchased online speaks in favor of buying them in this way. These, in fact, if they turn out to be unsuccessful, according to the law, they can be returned. Although often with many problems.

ONSEN® openly opposes the unfair practices of most mattress manufacturers and retailers. We carry out our mission by providing reliable knowledge on topics related to sleep and by exposing the manipulation techniques used by our competitors. Thus, we have adopted solutions that practically minimize the risk associated with the purchase to zero.

Being aware that testing the mattress in your own bedroom is necessary and requires at least 30 nights, we decided to exceed the statutory limits for returning the mattress. All ONSEN® products are subject to a transparent 100-day return policy and are additionally covered by a warranty period of up to 15 years.