Legal Warranty

What is it?

Every Marcapiuma product that is purchased, at the time of delivery, is always accompanied by a legal warranty that covers any manufacturing defects and/or product conformity. The legal warranty for mattress blocs is 10 years from the delivery date of the product. The legal warranty for all Marcapiuma products other from mattresses blocs is 24 months from the delivery date.  

Who can enforce the legal warranty?

The legal warranty may be enforced by any consumer. On the other hand, it cannot be activated by those who purchase the goods in the course of their business or professional activity, indicating their VAT number at the time of purchase.   

Legal warranty rights

The consumer who enforces the legal warranty is allowed to demand the seller:

1. Alternatively, and at the consumer's choice, repair or replacement of the goods, free of charge.

This choice will be assessed by the seller, who will in any case have the possibility of departing from the preference expressed by the consumer, if the latter is impossible (e.g. a consumer who requests the replacement of a product purchased which is no longer in production) or excessively expensive compared to the other option available. In this regard, Marcapiuma will consider the extent of the possible defect, the value of the product without defect, and whether (depending on the case) repair/replacement can be implemented without significant inconvenience to the customer. Any replacement or repair of the purchased products does not extend the duration of the current warranty, which will continue, in any case, until the expiry of the 10 years from the initial purchase, as provided. All the replaced products will become Marcapiuma property. 

1. A price reduction or termination of the contract if repair or replacement are both impossible or excessively expensive. Or even both are too late or cause considerable inconvenience to the consumer or are not effective in solving the problem.

By determining the price reduction or the amount to be refunded, Marcapiuma will take into account the usage of the goods (see the suggested rules for use and maintenance).  

Legal warranty limits

HYGIENIC CONDITIONS: The legal warranty is only valid if the purchased product is in perfect hygienic conditions. In particular the warranty will not be activated if the mattress is soiled with organic liquids (Legislative Decree 81/2008 on the protection of workers' health). MINOR DEFECTS: In case of minor defects it is not possible to enforce the legal warranty.  Minor defects are all defects due to settling, use, or intrinsic characteristics of the raw materials used that are within the normal tolerance range (e.g. typical smell of latex or memory foam). IMPERFECTIONS: Be aware that latex, memory foam and foamed products may have some minor imperfections, small stains or slight abrasions with irregular edges due to the moulding process. This does not affect in no way the quality of the product and for which, consequently, the legal guarantee cannot be claimed. MATERIAL SETTLEMENT: Marcapiuma mattresses made of Latex, Memory Foam and WaterFoam (polyurethane, expanded foam and water) during normal use can cause the materials they are made of to settle; this circumstance is to be considered normal as a characteristic inherent in the nature of the article, a physiological effect of the use of the product and does not constitute a defect and/or vice. It therefore does not allow the legal guarantee to be activated. It is therefore necessary to define the settlement tolerance limit beyond which it is possible to speak of a 'sinking' of the product and to proceed to activate the legal guarantee. Settlement material tolerance limits are defined by UNI EN 10707 and subsequent amendments, which considers as compliant the loss in thickness of complete mattresses of ≤1 cm +5% of the original length, width and height of the product, during their use. As an example and not an exhaustive list, below are the deviations considered physiological, due to use, of the heights of the complete mattresses:

BED SYSTEM MATCHING: Padded products, being made of elastic material, are subject to small variations in size from their nominal size. This circumstance, for which the legal guarantee cannot be invoked, is to be considered normal as a characteristic inherent in the nature of the manufactured article, so much so that the UNI EN 1334/1998 standard was prepared in order to regulate dimensional variations. The rule is used as a reference when it is necessary to ensure the correct fit between the various components of the bed system (e.g. mattress to be inserted into a bed), so that, taking into account all possible dimensional variations, the complete bed system complies. The following tolerances are in relation to the nominal dimensions of the mattresses:

For pillows, the tolerance limits in this case are, again according to the above-mentioned European regulations, +/- 1 cm in height. The guarantee is also considered inoperative in all of the following cases:

• dissatisfaction, at a subjective level, with the product's performance and/or characteristics found at the time of purchase (e.g. mattress too soft/firm, retains/leaks too much heat, etc.);
• dissatisfaction related to the creation of the mattress by cutting or gluing NON-standard sizes;
• transport or handling damage not contested at the time of delivery;
• modification of the product or part of it
• misuse of the product or negligence/neglect of use and/or storage
• deterioration due to normal use or damage for which the user is responsible (e.g. tears, holes);
• mould formation after 4 months from the date of delivery of the product; laboratory tests show that after 4 months of use, any mould formation results from contamination of the external environment;
• non-compliance with the instructions in the "Usage and Maintenance Rules" section.

How to activate it

In order to assert the guarantee, the consumer must by law keep and produce the purchase invoice and report the defect within two months of its discovery. The consumer who intends to invoke the legal guarantee must also send Marcapiuma appropriate documentation proving the defect complained of: pictures of the products must absolutely be taken according to the indications provided by the operators (e.g. placing the mattress on a flat surface, or on an exposed bed base, with tools that can help to better perceive the depth of any sagging). Any precise suggestions will be provided to the consumer who contacts Marcapiuma. The seller will always reserve the right to check the actual existence of the defect complained of by the consumer.   If it is confirmed, following inspection, that the defect covered by the guarantee exists, Marcapiuma will repair/replace the product and ship it back at its own expense. If, on the other hand, upon inspection of the product, Marcapiuma does not find any defects covered by the legal warranty (e.g. the alleged depression falls within the tolerable limit according to the above tables), the consumer will be charged the costs incurred by Marcapiuma for the replacement of the product and/or the cost of transport for the return of the product. The terms of intervention will however be agreed between Marcapiuma and the consumer on a case-by-case basis. In any case, the seller will repair or replace the product within a maximum of 14 days after delivery of the product to the point of sale in accordance with European law.

Baby line products

Marcapiuma has created a special product line dedicated to small children and their specific needs. Our baby mattresses made of Latex and Waterfoam have a 24-month warranty in accordance with the law.

Note

After the warranty period has expired or lapsed, the end user shall bear all costs related to the repair or replacement of the product.  Marcapiuma does not recognise any warranties other than this one. Marcapiuma disclaims all liability for any damage caused by persons, property or animals as a result of failure to observe the requirements set out therein, and more specifically in the "Usage and Maintenance Rules" section.

USAGE AND MAINTENANCE RULES

During the first months of use it is recommended to frequently rotate the mattress in order to preserve it, achieving improved durability and a best rest. Latex mattresses can be rotate head/feet and upside down. Memory Foam mattresses instead can be used all year long on the Memory side; in case it feels particularly hot, it can be rotated on the waterfoam side (“open cell” foam which keeps less heat). To recognize the desired side, unzip the cover and check the colors of your model.

• Only use the new mattress supported by a slatted bed base or rigid aerated frames of equal dimensions or anyway not inferior to those of the mattress itself. It is not recommend the use of:

• a wooden board (if possible, drill holes to allow an adequate ventilation);

• metal basis that would neutralize the effectiveness of the properties of the mattress and could ruin its cover.

• Avoid any liquid wetting and getting inside the mattress.

• Do not expose to direct sunlight or near heat sources (radiators-heaters, electric heaters, electric blankets or similar, because it would damage the materials constituting the inside of the mattress).

• Do not remove for any reason the protection jersey undercover.

• Ventilate the bedroom frequently and freshen the mattress by unzipping the cover to allow the evaporation of moisture and prevent any type of mold. • Follow the instructions on the label to wash the outer cover.

• Only use breathable frame cover or that ensure the aeration of the mattress. Thank to last generation materials, our mattresses can be bent since they are precisely studied to be placed on adjustable slatted bed bases. If you use 2 single mattresses on a king size adjustable bed, we recommend to use single sheets to freely allow the desired angle of your bed.