Returning a mattress to a store: conditions and terms approved by law

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Published: September 26, 2018

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The main regulatory act regulating the relationship between the seller and the buyer is the Law of the Russian Federation of 02/07/1992. No. 2300-1 “On the protection of consumer rights.” The law defines the rights of buyers to exchange, return and eliminate defects of purchased goods within a certain time frame, and also establishes liability for the seller for failure to comply with the norms established by law.

• Possible return options Returning a product of good quality
• Returning a defective mattress
• Cases in which the product cannot be returned

Procedure for returning a mattress to the store

Return terms and conditions

Making a return claim

List of documents required to process a return

Procedure in case of store failure

In addition to Law No. 2300-1, there are other regulations that should be referred to when returning goods. Thus, Decree of the Government of the Russian Federation No. 55 approved a list of goods that the consumer cannot return if the quality characteristics of the product do not have defects.

One of the items on this list is household furniture (furniture sets and sets). Although the mattress is used as one of the components of furniture, it is not a set or set. In other words, the consumer has the right to exchange or return a mattress of proper quality if it does not suit him according to any parameter.

Is it possible to return or exchange a mattress?

According to the Consumer Protection Law, you can hand over both high-quality and low-quality goods. For example, if an item does not fit in size, style or color, it can be exchanged for a similar one within 14 days. For this:

• present the check;
• indicate the preservation of the presentation.

The list of products that are not subject to exchange is determined by Government Decree No. 55. Thus, you cannot return household chemicals, watches, technically complex goods, medicines, jewelry and furniture.

According to GOST 19917-93, mattresses are classified as durable products, so you cannot refuse the purchase and take money for a product of proper quality.

But the seller does not have the right to refuse the client if a defect is discovered . For example, if the seam of a cotton mattress breaks, and the springs of an orthopedic model damage the fabric.

You can refuse to purchase such a product and withdraw your money even if more than 14 days have passed. In this case, the following is not considered grounds for return:

• The presence of an unpleasant odor. It usually disappears within a month with regular ventilation of the room.
• The appearance of allergies.
• The difference is 1-2 cm in actual and declared sizes. Small deviations are allowed by GOST and Technical Conditions.

The right to exchange or return goods of inadequate quality is retained during the warranty period - 18 months. The period can be extended to several years at the discretion of the manufacturer.

Procedure for returning a mattress to the store

If the consumer is not satisfied with the quality of the mattress or, for example, the size, then to exchange the product, eliminate defects or return money, the procedure will be as follows:

1. Contacting the seller with a request to exchange the product.
2. If a refusal is received from the seller during an oral request, then you should submit a written complaint , in which you need to indicate the essence of the problem and the demands put forward.
3. Product quality check and examination if a dispute arises between the parties regarding the quality of the product.
4. Going to court if the results of the examination do not suit the consumer.
5. Return of goods (exchange, elimination of defects) to the store (by agreement with the seller or by court decision).
6. Receipt of funds after termination of the transaction.

Return terms and conditions

If the buyer decides to exchange or return a quality product, then he has 2 weeks from the date of purchase to do so. If the purchase was made in an online store, then this period is reduced to 7 days (Article 26.1 of Law 2300-1).

When exchanging or returning a quality product, the consumer must comply with the following conditions:

• the product has a marketable appearance , including labels, tags and packaging;
• the mattress has not been used;
• availability of a document confirming the transaction (check, receipt, other evidence of purchase);
• the product does not satisfy the consumer according to one of the parameters : shape, size, color, dimensions, equipment.

If the buyer cannot present a receipt, then this is not a basis for refusing to exchange or return the purchase (Clause 1, Article 25 of Law 2300-1).

If the mattress turns out to be defective, including individually manufactured products, then the consumer has the right to apply with the requirements specified in Art. 18 of Law No. 2300-1, during the entire warranty period or shelf life. If the manufacturer has not established a warranty period, then claims can be made within 2 years from the date of purchase (Clause 1, Article 19 of Law No. 2300-1).

If the consumer has made a demand for a refund, it must be satisfied within 10 days from the date of application (Article 22 of Law 2300-1).

Making a return claim

In cases where, when the buyer makes a verbal request to return the product to the store for a good reason, the seller immediately refuses, the next step is a written request. The consumer should file a claim with the following information:

• name of the seller to whom the claim is addressed;
• applicant's contact details;
• information about the purchase (date, place, cost, receipt number);
• the reason why the buyer wants to return the product with reference to the law;
• information about the initial request in which a refusal was received from the seller;
• buyer's requirements;
• list of documents attached to the claim;
• date and signature.

Sample documents for downloading:

1. Application from the buyer with a request to exchange the product for a similar one.
2. Application from the buyer for a refund for the goods.
3. Claim for return of goods of proper quality or inadequate quality.

The claim is drawn up in two copies.

List of documents required to process a return

When returning a product, the buyer will need to provide the seller with the following documents:

• passport;
• purchase and sale agreement (if any);
• purchase receipt (if available).

There are no legal requirements for the buyer to present a passport to process the return of goods, but its presence, as a rule, is a prerequisite.

This is due to the fact that when returning funds, the cashier is guided by the procedure approved by Bank of Russia Directive No. 3210-U dated March 11, 2014, according to which funds are issued after the client has been identified. For identification, the buyer must present a passport or other identification document.

If the mattress is custom made

When ordering a mattress of a non-standard size, carefully measure the base of the bed - once the acceptance documents have been received and completed, such goods cannot be returned.

According to clause 4 of Article 26 of the PLA, the buyer does not have the right to refuse a high-quality product manufactured taking into account individual requirements. An exception is if a manufacturing defect was discovered upon receipt or during use.

In this case, quality claims are considered on a general basis - after submitting the application in writing and presenting documents confirming the purchase.

Is it possible to get a refund for a mattress if the warranty period has expired?

It is possible, but only in court. Paragraph 6 of Article 19 of the POPP specifies the right to make claims during the entire period of operation. In order for the claim to be satisfied, it is necessary to prove that the cause of the defects existed before the goods were transferred to the consumer. In other words, you need to prove a manufacturing defect. This definition includes both a violation of technology and non-compliance of the product with the sample. For example, in a mattress, instead of natural latex, there is a layer of polyurethane foam, the spring block contains springs of a larger diameter, and there is no elastic adhesive layer between the elements.

It is clear that this cannot be discovered without opening the case. But if the quality of the product is categorically not satisfactory, and the warranty period has passed, the consumer has the right to have the mattress examined. If in this case the court decides in favor of the plaintiff, all funds spent will be reimbursed.

Is it possible to return an anti-decubitus mattress?

Unlike other models, anti-decubitus mattresses are medical products that cannot be exchanged or returned, even if all documents are present and the packaging is sealed. An exception is if, after opening the box, a defect was discovered:

• the material is breathable;
• the compressor does not work;
• defective air inflation hoses;
• incomplete set.

In these cases, you can return the money only for a low-quality product - by filing a complaint before the end of the warranty period.

Exchange under warranty. The right approach to the issue

As a rule, if manufacturing defects are discovered, large manufacturers take the side of the buyer, making the necessary repairs or replacing products. Most dealers do not provide refunds for low-quality goods - it is better to clarify this point before purchasing the mattress.

If manufacturing defects are detected, the buyer can contact the salon where the product was purchased, or any official representative office of the supplier (if there is one in the city). You can confirm the fact and date of purchase of the goods with a sales or cash receipt, delivery note or warranty card. Many manufacturers use a barcoding system for mattresses - if documents are lost, the barcode determines the date of production of the product (which in this case is considered the beginning of the warranty).

Based on the buyer’s application, the seller draws up a complaint with a detailed description of all the defects of the product, while one certified copy of the document remains with the buyer, the second with the seller, and the third is sent to the factory to consider the problem. There are several options here:

• The fact of a manufacturing defect is recognized, repair or replacement of the mattress is proposed;
• The fact of a manufacturing defect is considered doubtful, and an examination is ordered;
• The fact of damage to the product during operation is established, a list of necessary works and their cost are indicated.

The legally established time frame for consideration of a complaint is 10 working days, in the case of an additional examination - up to 30 days. In fact, leading manufacturers resolve the issue faster, eliminating manufacturing defects within about 2-3 weeks.

Important! If the mattress is taken away for examination, the seller does not provide similar goods for temporary use (Resolution of the Government of the Russian Federation of January 19, 1998 No. 55).

Repair under warranty does not imply the elimination of aesthetic defects that arose during use. Scuffs and damaged decorative elements cannot be restored.

Financial side of the issue

If the fact of a manufacturing defect is confirmed, all costs for examination, repair work and delivery of goods are borne by the seller. The buyer has every right not to submit the products for examination, but, in agreement with the seller, contact an independent organization and provide data from a third-party expert. The return of a quality product with its subsequent replacement is fully paid by the buyer.

Important! Unscrupulous sellers may try to circumvent the rules established by law. Often, the buyer is asked to bring the low-quality product himself for exchange or repair, and to independently conduct an examination. Any refusal to comply with the buyer's legal requirements must be documented in duplicate - in the event of litigation, the papers will be decisive.

How to return a mattress purchased in an online store

It’s easier to return goods ordered in an online store. If after payment you change your mind about buying a mattress, you can refuse the transaction and return the money:

• before receiving the order;
• within seven days after delivery;
• within 90 days, if information about the timing and procedure for return was not provided in writing.

Such buyer rights are provided for by the Distance Selling Rules. In this case, the seller has the right to demand compensation for delivery costs or to deduct its cost from the amount payable.

How to write a return claim

Regardless of the purchase method, to receive money, write a claim, where you must indicate:

• name of the organization, details of the manager;
• your personal and passport details;
• contact phone number for communication;
• actual registration address;
• reason for contact;
• date, purchase amount and article number;
• desired result (exchange, return).

Additionally, provide links to Articles 18, 21 of the Law on the Protection of Consumer Rights.

Download a sample claim for the return of a mattress of inadequate quality

We are preparing a package of documents

In addition to the claim, prepare copies of the following documents:

• Sales receipt, cash receipt. If the documents were lost, but you paid for the purchase with a bank card, a statement indicating that the money was debited from the account.
• Sales and purchase agreements, order forms in the online store.
• Two pages of passport (with photo and last registration address).

Never hand over original documents until the issue is resolved - they will be useful for going to court or Rospotrebnadzor.

Where to go if the store does not accept a mattress

If the seller refuses to comply with the legal requirements of a buyer acting within the framework of the law, the latter must issue a written claim addressed to the head of the outlet and submit it properly.

As a rule, competent use of the provisions of articles of law N 2300-1 makes the seller accommodating. Failure to respond to a claim within 10 days or refusal of a legal requirement is grounds for going to court.

Our experienced specialists will advise on whether it is possible to return the mattress to the store in your particular case, and if necessary, they will provide legal support at all stages of the confrontation with an unscrupulous seller:

How to issue a return

The following instructions will help you return orthopedic goods to the store and get your money back:

1. Check the set of documents and the appearance of the goods. You can return a defective product even without packaging, a quality product only if its appearance is intact and there is no damage to the polyethylene.
2. Hand over the documents and goods to the store. The seller compensates for delivery costs only in one case - if the product turns out to be defective.
3. Ask to make a copy of the application, put the date of receipt and signature. A copy will be useful if the seller refuses to return the money.
4. Check back with your decision after 10 days. It is during this period that the administration must consider the complaint and fulfill the client’s requirements.

If the seller refuses to accept the goods and pay the money, contact a law firm to file a complaint with Rospotrebnadzor or a lawsuit.

Who is bigger? Manufacturer's Warranties

Market leaders in healthy sleep products usually do not skimp on their promises - their own research laboratories and innovative technologies allow them to be responsible for the quality of their products and provide extended warranties:

• guarantees up to 20 years of trouble-free service of manufactured mattresses (TM Askona and Mediflex - up to 10 years, TM Serta and King Koil - up to 15 years) provided that a branded base is used;
• Ormatek provides guarantees depending on the type of model - from a minimum period of 2 years to an upper limit of 15 years; The Consul holding sets the standard for budget lines from 2 to 7 years, for premium and elite categories - 10-25 years, for spring blocks - 30 years;
• provides an extended warranty of 3 years - during this period, factory defects are eliminated free of charge. In addition, a Dreamline mattress can be exchanged if it is not suitable in terms of hardness or size (the cost of such a service is 10% of the price of the purchased product);
• The factory warranty from Vegas ranges from 18 to 36 months for mattresses, 20 years for spring blocks;
• The world leader Ikea offers favorable conditions for mattress buyers - a warranty period of 25 years and the possibility of exchange within 60-90 days.

As a rule, detailed information about the possibilities of exchange and return is posted on the manufacturer’s official website, however, dealer representatives are also required to provide comprehensive information about warranty obligations and the procedure for action in the event of any defects.

Missed the size? How to return or exchange a mattress without defects

According to the current legislation of the Russian Federation (Law “On the Protection of Consumer Rights” N 2300-1 dated 02/07/1992 (Article 18-26.1) and Decree of the Government of the Russian Federation No. 55 dated January 19, 1998 “List of non-food products of proper quality that cannot be returned or exchange for a similar product of a different size, shape, size, style, color or configuration”) orthopedic mattresses of proper quality are not subject to exchange or return.

However, large manufacturers accommodate customers halfway, offering from 7 to 14 days “to think about it.” If the mattress is not the right firmness or does not fit into the dimensions of the bed, you can exchange it at the dealer. The main condition for such a procedure is the preservation of the integrity of the mattress, its original packaging and a document confirming the purchase. If you are in doubt about your choice, it is better to discuss all the nuances with the seller (stores simply do not accept returns for some models).

Mattresses made to individual measurements can only be returned if there is a manufacturing defect - products of non-standard size cannot be exchanged. The generally accepted standard sizes of orthopedic mattresses are:

• Length – 190, 195, 200 cm;
• Width - 80, 90, 110, 120, 140, 160, 180, 200 cm.