Can I return a custom size waterproof mattress pad of good quality back to the store?

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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.

What if you need to return a mattress of inadequate quality?

Another situation is when it is necessary to return a mattress that has been found to have a manufacturing defect or defect. Such treatment can be claimed during the entire warranty period. According to Article 10 of the Law on Consumer Rights, the cashier is obliged to issue a document indicating the date and time of purchase of the goods. In addition, the cost and details of the product must be indicated. When purchasing a mattress, make sure that you are given this document, which will be the basis if you need to apply.

Note! If the warranty period was not clearly stated upon purchase, you may request that it be specified. This appeal can be made within 2 years from the date of purchase of the goods (clause 1 of Article 19).

In what cases can your appeal be considered justified? The case will be considered on the basis of compliance with GOST 19917-93. Here are some possible reasons for contacting:

• breakage of springs (if we are talking about a spring mattress);
• obvious damage to the mattress cover;
• the surface of the mattress has obvious dents or bumps.

During the consideration of the case, it may turn out that the damage is a consequence of improper operation. In this case, replacing the mattress will not be possible. Here are some of the possible damages that may be classified as not covered under warranty:

• contamination of the mattress and damage to its integrity as a result of use;
• deformation of the mattress during transportation;
• operating the mattress in unsanitary conditions;
• damage to the decorative elements of the mattress;
• deformation resulting from placing the mattress on an inappropriate base (for example, on a mesh or sofa);
• depressions or dents up to 4 cm resulting from use.

Note! Foreign odor is not considered a manufacturing defect, since it dissipates naturally within a few weeks.

Warranty claim

If the reason for your application is a warranty case, in addition to your passport and sales receipt, you should have a warranty card with you. At the time of filing a claim, the consumer may demand compensation for the following losses:

• payment of the difference in the cost of the product (if at the time of purchase it was more expensive than at the time of purchase);
• compensation for associated losses associated with the purchase of a low-quality mattress;
• in case of obtaining a loan for a purchase - compensation for interest paid.

Note! In many controversial situations, one of the parties may require additional expert examination of the product.

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.

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.

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.

Is it possible to return a mattress (are mattresses subject to return and exchange by law)

The mattress is subject to return and exchange if all labels are intact, the product is of proper quality, has its original appearance and consumer properties. Despite the fact that the item is large, it belongs to the group of non-food products and is subject to all legal provisions. The consumer cannot return a product of proper quality if it was made for him according to an individual project. (Custom solution, size or mattress designed for a special bed shape.)

When returning a mattress you must have:

• check;
• invoice;
• warranty documents;
• presence of all labels on the mattress;
• proper presentation (new product);

If the consumer wishes to return the item without defects, i.e. If it is not covered by warranty, you must do this within 7 days of purchase.

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.

Return of an orthopedic mattress of proper quality

The Law “On the Protection of Consumer Rights” gives the seller the right to refuse to return an orthopedic mattress of proper quality. However, within 14 days, the buyer can contact the seller and ask for a replacement of such goods. You can request a replacement for either a similar or any other product with compensation for its cost.

At the same time, a full refund can be made within these 14 days in 2 cases.

You can return it if

• If the seller does not have a replacement product of adequate quality
• If, due to the fault of the seller, he is not able to make a replacement, and the product is available in stock

In this case, the product must satisfy a number of conditions:

• The product has not been used
• Presentation and packaging preserved
• There is no violation of labels and seals
• Availability of cash or sales receipts

Filing a complaint

If the seller refuses to accept back an orthopedic mattress of proper quality, you can file a complaint in one of three ways.

Ways to file a complaint

• Direct contact to management or the claims department in the store;
• You can file a complaint with the Rospotrebnadzor department;
• Statement of claim to court.

Direct contact to management or the claims department in the store

Submitting a complaint to management or the claims department can be done verbally or by telephone. But it is recommended to apply in writing and write a complaint.

When drawing up a written complaint, free style is allowed. But the application must contain only reliable information. The complaint is considered within 10 days from the date of filing the appeal. And the answer itself must come in writing.

Complaint to Rospotrebnadzor

The most effective measure is to file a complaint with the Rospotrebnadzor department. The complaint can be made in free form, it requires a description of the current situation. In addition, it indicates the actions of the management and sellers regarding your complaint. On average, the proceedings take about a month, but often the answer arrives much earlier than this.

Statement of claim to court

There is another way that helps to get a refund for a product such as an orthopedic mattress if an unlawful refusal was given - this is to go to court. It is quite complex, but it often allows you to achieve positive results.

It is recommended to file a lawsuit only in situations where Rospotrebnadzor provided an official response to the seller regarding the return of funds for the goods, but the seller ignored it and did not fulfill its obligations. In other situations, winning the case will be quite difficult.

Return to the online store

According to the existing “Rules of Distance Selling”, you can return quality goods according to a simplified scheme.

Conditions

• If the buyer signed when delivering the goods, he can return it within 7 days
• If there was no receipt of receipt, a return is possible within 1 month

You can also request a refund for an orthopedic mattress purchased in an online store at any time before receiving the goods.

Return procedure

If a consumer wants to return an orthopedic mattress and get the money spent, the following steps must be taken:

1. To begin, the consumer must make a written statement and send it to the seller. The application can be written by hand and handed over to the seller personally, or it can be sent electronically to the seller’s email address;
2. If the product was purchased online, the application is sent by email or filled out on the website in a special form;
3. After this, the seller must fully investigate the application, then he takes action. All this is done in accordance with the deadlines established by law;
4. For online stores, 30 days are given to review and implement the decision. But regular stores must study the application and make a decision within 10 days;
5. The consumer may be notified of the decision made in writing or by telephone;
6. If the buyer is given a refusal or his application was ignored, he can contact other more competent authorities.

To submit an application, you do not need to have a special form. A regular A4 sheet is suitable for this. You must indicate your contact information, phone number, and email address. The application contains information about the purchased product - its name, date of purchase, reason. The following describes why you want to return it. A date and signature must be placed at the end. In addition, the entire list of required documents is attached to the application.

Alternative return methods

In some cases, there are nuances in the legislation that allow the possibility of returning an orthopedic mattress back to the store.

1. Refund if the seller provided false information about the product or its characteristics. In this case, you must write a claim.
2. Return of defective goods is possible without explanation on the day of purchase.
3. By agreement of the parties.

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

Algorithm of actions in case of returning a mattress

If you intend to return the goods, a visit to the store cannot be avoided. Before going to the trial, collect all the necessary documents. You will need a passport or other identification document, sales receipt, warranty card and other documents that came with the purchase.

The most difficult part of this procedure is the need to provide the products you want to return. In the case of a large mattress, this is always troublesome. In some cases, you may need to write a statement addressed to the director or head of the point of sale. This statement should clearly state the following points:

• name of the point of sale where the product was purchased;
• personal data;
• data of the disputed product, namely brand, number, model, etc.;
• check details;
• a detailed description of the reasons for your application;
• an indication of the amount you are claiming;
• exact date of application and personal signature.

Copies of all documents with which you came to the store should be attached to the written application. As a rule, the application is processed within 3-10 working days. If one of the parties wishes to send the goods for examination, the processing period may increase to one month.

If you are refused a return or exchange

If you receive a refusal, you have the right to write a complaint addressed to the head of the outlet. There is no exact form for filling out a claim. However, describe in it the same thing as in the previous statement. Only this time, describe in more detail the circumstances of the acquisition, the essence and timing of the application, as well as your requirements. It is best to send the claim and copies of accompanying documents by registered mail to eliminate the possibility of being ignored.

Before moving on to the next steps, it is important to comply with all the conditions of the initial request regarding how to return a mattress in accordance with consumer protection. If this does not bring the desired results, you have the right to contact the following institutions:

• Rospotrebnadzor
• Consumer Protection Service
• Courts

You may need legal qualifications to apply to the above agencies.

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.

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.