remove If customers of an online shop, the protective film of a purchased mattress, you will not lose the right, within the applicable cancellation period to return. The European court of justice (ECJ) decided in Luxembourg (case C-681/17).
The judges justified their decision with an analogy to clothing: Even in the Internet purchased clothing should be unwrapped and tried on, including any protective packaging must be removed. The seller could clean clothes and disinfect and re-sell. It is permissible, mattresses, clothing equate – to treat, according to the same guidelines. Hygiene and health requirements would not be limited by the unpacking. The right of withdrawal, which is usually 14 days long, there is also a mattress without a protector.
the Background was the action of a man from Germany before the German Federal court of justice (BGH): He had removed in the case of a mattress, which he had purchased on the Internet, the film, the product but then returned. The shop refused to open the mattress. In court, the client had requested the cost for the return payment of the purchase price of almost 1200 euros and the reimbursement of the return, which the producers rejected. In the first two instances, the judgment had been already in favour of the consumer. The Supreme court had called on the ECJ to the interpretation of EU Law. In the specific case, must now decide, the Federal court concluded.
hotel guests Also have to sleep on the same mattress
EU-legislation provides that a right of withdrawal applies, if sealed, are not suitable “for reasons of health protection or hygiene reasons for return, and their seal was removed after delivery”. Mattresses are not covered, according to the judges at the ECJ under this clause. One could assume, they argued, even in the case of direct contact of a mattress with the human body, that the goods had after a cleaning or disinfection for third parties re-usable. The same mattress will eventually be used by successive guests. In addition, there is a market for used mattresses.
