The right of withdrawal also applies in the mattresses unpacked, the European court of justice. Dealer must take it within the applicable time limits. It is possible to clean the mattress hygienic, argued the court, in addition, hotel mattresses are also of several persons. the
if you order online a mattress that gets you as a role: delivered vacuum Packed in plastic shrink-wrapped. In order to test it, it must be unpacked. But what if the buyer is not satisfied? In this issue, the European court of justice (ECJ) clarifies: The right of withdrawal also applies in the mattress, when unpacked, told the court (PDF here). Traders need to take within the applicable time limits – in General, the 14 days.
It was the question of whether mattresses are among the products which due to health protection or hygiene reasons, no right of withdrawal exists. Complained a man from Germany. He had bought a mattress on the Internet, she wanted to give back to it. Because he had removed the protective film, refused the Online Shop, you back. In contrast, the buyer complained. He demanded the refund of the purchase price and shipping costs of a total of just under 1200 euros.
cleaning is possible, says the ECJ
The Federal court of justice had negotiated this is the case, and the ECJ for clarification asked for. This stressed now, that consumers in online purchases must have the opportunity to test the goods. So is to be avoided, that they have disadvantages compared to customers who buy the product in the Store.
The cost for the dealer, already unpacked the mattress to take back and clean, reasonable. In the message of the ECJ, it means that one and the same mattress even more the hotel serves guests a market for used mattresses and second-hand mattresses could be subjected to a thorough cleaning. A mattress was comparable to clothes, the customers can also try on and send back. The defendant seller had not argued that such a cleaning is possible. Now, the Federal court must make in this matter a judgment.
