How to effectively exercise consumer rights? 5 kwietnia 2024 |
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We must remember that polyurethane foams are always marked by their manufacturers in the same way. The full parameter of foam in a mattress must consist of a letter designation (V, T, or HR), as well as a sequence of four digits, where the first two indicate the density in kg/m³, and the next two digits represent its hardness in kPa. A sequence of five digits is also allowed in the case of specifying hardness in N, which is becoming increasingly common. Failure to provide information on the parameters of foams deliberately confuses the consumer and violates Article 25 of the Act on Combating Unfair Competition by not disclosing the essential characteristics of the mattress, which works to its detriment.
According to Article 546 §1 of the Civil Code, the seller is obliged to provide the buyer with necessary explanations regarding the properties of the item before concluding the contract. Failure to provide full information about the parameters of the mattress constitutes a breach of this obligation. Also, under Article 5461 §1 of the Civil Code, the consumer has the right to receive clear and understandable information about the product, which, in the case of purchasing a mattress, primarily concerns its composition.
As stipulated in Article 556 of the Civil Code, the seller of a mattress is responsible for its physical defects. Therefore, a mattress that lacks properties described by the seller, such as inadequate air circulation or hypoallergenic properties, does not conform to the contract. Thus, such a mattress is defective, and the contract can be terminated.
It is worth noting that according to Article 5562 of the Civil Code and Article 43c of the Consumer Rights Act, if a defect is detected within two years from delivery, it is presumed to have existed at the time of purchase, which is advantageous for the customer. Based on this, almost any mattress purchased in a physical store can be returned, as consumers rarely receive full information about the product.
Rejecting the possibility of returning a mattress due to alleged signs of use is inconsistent with the case law of the Court of Justice of the European Union, which in judgment C-681/17 ruled that returning a mattress, even after unpacking it, is possible. There is no way to test a mattress without unpacking it. Therefore, every mattress purchased online can be returned, provided it is a standard size.
Consumers have the right to honest information about the product, as well as to receive full information about the warranty and guarantee for purchased goods. They also have the right to know the full composition and properties of the product or service. Besides, consumers are entitled to return goods purchased at a distance within 14 days without giving a reason, as well as protection against unfair market practices.
Violations of consumer rights can be reported at local branches of the Trade Inspection, as well as at city, district, or municipal consumer ombudsmen. In the case of a matter concerning the collective interest of consumers, violations should be reported to the Office of Competition and Consumer Protection.
Yes, the consumer has the right to return goods purchased at a distance, i.e., via the internet or telephone, within 14 days of receiving them. They do not need to provide a reason for withdrawing from the contract.
A consumer is a natural person who performs a legal transaction with an entrepreneur not directly related to their business or professional activity, having rights to information, warranty, guarantee, protection against unfair practices, and the right to withdraw from the contract. The rights of the consumer and their definition are strictly defined by law.
A customer can demand a refund particularly when the purchased goods are defective, not in accordance with the contract, or when withdrawing from a distance purchase contract within 14 days of purchase. This also applies to most services.
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