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BLOG ONSEN® / Expert advices

What to do to make a mattress complaint effective?

14 marca 2021
Complaint about the mattress, consumer rights, statutory warranty, and guarantee
Contents
Duties of the manufacturer and seller
Mattress complaint under warranty
Seller warranty vs mattress complaint
Transparency when purchasing a mattress
It is important to remember that the purchase of a mattress is a significant decision, and the transparency of information obtained from the mattress manufacturer and seller is crucial. It is up to them whether a mattress complaint can be effectively submitted. Therefore, consumers can exercise their rights without much difficulty, avoiding legal action.

In Poland, there are two ways to file a complaint about a mattress. It can be reported under warranty or guarantee, which differ significantly. Greater rights are provided by the guarantee on the mattress because it is governed by legal provisions. Meanwhile, the mattress warranty is arbitrarily determined by manufacturers, who often apply warranty provisions that work unfavorably for consumers.
Mattress warranty, foam mattresses, mattress store

Duties of the manufacturer and seller

Almost every mattress contains polyurethane foams, as they are used not only as the main component of foam mattresses but also as an additional protective layer for springs in mattresses and other components. Therefore, it is essential to understand the markings of foams to be able to recognize and evaluate them.

Remember that the full parameters of the foam should consist of a letter designation (V, T, or HR) and a four-digit sequence, where the first two digits represent the density in kg/m³, and the next two digits indicate the hardness in kPa. Alternatively, a five-digit sequence is allowed when specifying hardness in N. Sellers and manufacturers always have a legal obligation to disclose the parameters of foams to consumers, so they cannot hide behind alleged trade secrets, which often happens.

The failure to disclose specific information by the manufacturer or seller should be considered a deliberate misleading of the consumer and a violation of legal regulations. It should be noted that Article 25 of the Act on Combating Unfair Competition directly states that the failure to provide information about the essential characteristics of the product is considered detrimental to the consumer.

It is worth emphasizing that, according to Article 546 §1 of the Civil Code, the seller is obliged to provide the buyer with the necessary explanations before concluding the contract, especially regarding the full parameters of polyurethane foams, which are crucial for the mattress core. Failure to provide such information is a violation of this obligation, which can be significant in case of a dispute.

Also, according to Article 5461 §1 of the Civil Code, if the buyer is a consumer, the seller is obliged to provide clear, understandable, and truthful information before concluding the contract. In the case of a mattress, this provision is considered violated when the information is unclear, misleading, or hidden by the seller.

Moreover, according to Article 5461 §3 of the Civil Code, the seller must provide customers with appropriate technical and organizational conditions at the point of sale. These are aimed at allowing the proper assessment of the quality and functionality of the product. If the consumer does not have the opportunity to test the mattress in conditions as close as possible to those in the customer's bedroom, the seller violates this obligation.
Mattress complaints, consumer rights, mattress testing

Mattress complaint under warranty

Complaints about mattresses under the manufacturer's warranty are a common issue. It's important to realize that the manufacturer is the guarantor and independently establishes the warranty conditions, as the law does not impose specific standards in this regard. Therefore, complaints filed in this manner are often rejected.

One should be particularly vigilant when analyzing any provisions in the warranty cards accompanying mattresses because some clauses may prove to be very unfavorable for the consumer. As practice shows, some manufacturers require the mattress to be placed on a specific type or model of bed frame, and failure to comply with this condition may result in the loss of warranty, which is absurd.

An interesting aspect of mattress complaints is also the issue of indentations. In some cases, warranty provisions may exclude claims related to indentations unless they are fully visually noticeable, disregarding their detectability. This is significant because not all mattress indentations are immediately noticeable. Therefore, even if the mattress becomes uncomfortable and non-functional, a complaint may be rejected.

Therefore, in the case of mattress complaints under the warranty, it is recommended to carefully review the warranty conditions before making a purchase. If the warranty provisions seem unclear or unfavorable to the consumer during reading, it is better not to finalize the transaction. Transparency in warranty terms is crucial for protecting consumer interests. Understanding warranty provisions properly will help avoid unpleasant surprises in the event of potential complaints.
Statutory warranty for the mattress, mattress manufacturer, good mattresses

Seller warranty vs mattress complaint

In the case of a mattress complaint based on seller warranty, which is more favorable for the customer, a crucial aspect is the compliance of the mattress with the contract, which is easy to determine. The warranty itself is regulated by Article 556 of the Civil Code, according to which the seller is responsible for defects. In principle, the warranty covers non-compliance of the item with the contract, which also applies to mattresses.

Based on Article 5561 of the Civil Code, mattress defects may include:
  • lack of properties that the mattress should have considering the purpose of the contract, circumstances, or destination;
  • lack of properties that the seller promised concerning the mattress, as well as those presented using a sample or model;
  • unsuitability for the purpose of using the mattress, which the buyer informed the seller about, and the seller did not raise objections;
  • issuing the mattress in an incomplete condition.
     
Also, based on Article 43b of the Consumer Rights Act, the entrepreneur is responsible for the lack of conformity of the mattress with the contract concluded with the consumer. This manifests itself as a deviation from the description, quality, or functionality of the mattress compared to the agreements made when concluding the contract, including the parameters of foams, which could be distorted or hidden.

According to Article 5562 of the Civil Code, if a mattress defect is discovered within one year from the date of its delivery to the consumer, it is presumed that the defect existed at the time of handing over the product to the consumer. In the case of a warranty complaint, it is essential to report the defect after its discovery, which can only be verified after testing the mattress in home conditions.

Importantly, in case of logistical difficulties in delivering the defective mattress to the seller, according to Article 5612 §2 of the Civil Code, it is possible to make it available for pick-up at the consumer's place of residence, from where the seller must collect it. All of this is aimed at effectively protecting consumer rights, while maintaining standards of fair trade.
Mattress complaint, mattress shipping, how to pack a mattress

Transparency when purchasing a mattress

When choosing a new mattress, transparency is a crucial element, and ONSEN®, as a Polish company from Toruń, fully understands this. As a socially responsible manufacturer of the highest quality foam mattresses, ONSEN® stands out not only for excellent craftsmanship and functionality but also for full transparency regarding the parameters of the materials used.

ONSEN® is probably the only manufacturer on the Polish market that willingly discloses the full parameters of the foams used, avoiding misleading proprietary names. Their types, densities, and firmness levels are always accessible to the customer, enabling everyone to make an informed choice according to expectations and preferences.

ONSEN® goes one step further, offering an impressive 15-year warranty on their mattresses, which does not include any unfavorable tricks for customers. This confirms their high quality and the brand's commitment to ensuring the lasting satisfaction of its customers. Additionally, we offer customers 100 days to return the mattress after testing it.

We conduct exclusively direct sales through our online store. This means no intermediaries, translating into competitive prices and direct communication between the manufacturer and the customer. Without unnecessary intermediaries, the purchasing process becomes more individual, fully focused on customer needs, as well as education.

When choosing your new Osaka Air memory foam mattress from ONSEN®, you not only receive a top-quality product but also transparency, warranty, and the right to return, all based on clear principles. All of this makes buying a mattress a transparent and secure experience, meeting the expectations of even the most demanding customers.

We also encourage you to explore other articles on the best sleep and health blog, as well as the Encyclopedia of Healthy Sleep prepared by the ONSEN® team of specialists. For those who care about spine health, we recommend a set of spine exercises prepared by our physiotherapist.
Mattress return, mattress testing, how to choose a mattress

FAQ: Mattress complaint

Can a mattress be complained about?

Yes, mattresses can be complained about both under the statutory warranty, as specified by the Civil Code, and under the warranty provided by the manufacturer. A complaint should be filed in the case of identifying defects, non-compliance with the agreement, or other issues with the functionality of the products. This can include incorrect foam parameters, faulty operation, or the sinking of springs or foam.

Can a mattress be returned?

Yes, a mattress purchased online can be returned without any issues. Even after unpacking and using it according to its intended purpose, as stated in the judgment of the Court of Justice of the European Union in case C-681/17. The Polish manufacturer ONSEN® offers up to 100 days to test the mattress and make a decision about a potential return, along with a 15-year warranty.

What does the mattress warranty cover?

A well-written mattress warranty covers any defect that affects the functionality of the mattress, as well as any discrepancies from the agreement. In practice, this means that the manufacturer should commit to repairing or replacing the mattress in the case of factory defects or deviations from the parameters declared in the product specification.

What to refer to in a mattress complaint?

In a mattress complaint, it is advisable to refer to legal provisions, especially the Civil Code regarding warranty, which deals with the non-conformity of the mattress with the agreement. It is also crucial to precisely describe whether the mattress fulfills its intended purpose and whether it possesses the functionalities promised by the seller. It is worth verifying whether the interior of the mattress aligns with the provided specifications.

How long should mattress warranties be?

Honest manufacturers provide a full warranty for their mattresses, lasting at least 10-15 years. However, attention should be paid to warranty exclusions to avoid unpleasant surprises. It is advisable to check provisions, such as the distance between slats in a bed frame, as manufacturers often apply warranty restrictions based on seemingly absurd principles associated with them.

Contents
Duties of the manufacturer and seller
Mattress complaint under warranty
Seller warranty vs mattress complaint
Transparency when purchasing a mattress
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