Who buys a mattress on the Internet, can you unpack, try on and send back. The European court of justice ruled.
With the ruling, the judges in Luxembourg to strengthen the rights of consumers. Buying on the Internet, a mattress, you get to unwrap you, to try and retain his right of withdrawal.
Normally, you lose the warranty when you unpack a packaged product, which is sealed, for reasons of Hygiene or health protection. This is the consumer protection Directive of the EU States. The reason is that such goods can no longer be used by a third party and, therefore, no longer in circulation. But, say, the ECJ judges, shall not apply to mattresses.
The Federal court of justice had referred the case to the ECJ."compare Rather with clothes"
, establishing that the mattresses in Hotels are constantly re-used, that there is a market for used mattresses, because you can clean the mattresses thoroughly. Mattresses were rather compare with clothes. Therefore, it remains the right of withdrawal, the disadvantages of an Internet purchase to a purchase in the Store to compensate.
The buyer of a mattress from the area of Mainz can now hope for it, but still its a Swabian Internet retailer-purchased goods back free of charge. He had appealed to the Federal court of justice. Because the right of withdrawal is regulated in the case of sealed Goods of EU-law, had submitted to the judges the matter to the ECJ.
ECJ revocation mattress purchase
Bernd Wolf, SWR
27.03.2019 10:52 PM
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