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Consumer rights explained: Can I get a refund for a mattress that irritates my airways?

CCPC in the mediaConsumer information25 January 2026|Consumer protection

Q: I bought a mattress made with organic fibres in November after looking for one that was hypoallergenic. However, soon after it was delivered, I noticed the mattress had a strong odour that irritated my airways. I thought this would pass, but eight weeks later it’s still there. 

When I called back to the furniture store, they told me they don’t give refunds but said I could pick one of their other mattresses. But I specifically want a mattress with natural fibres. Is there anything I can do?

Michelle, Tipperary

Michelle, I’m sorry that the mattress you chose is causing you trouble. You’re right to take action, especially if a new product is irritating. There are two issues to address here – the safety of the mattress and your consumer rights if you don’t want it anymore. 

All consumer products placed on the market must be safe. In other words, when used normally, a product must not present a risk to you as a consumer. If you have concerns about the odour from this mattress, you can report it to the CCPC for our product safety team to review. Include the brand, name of mattress and any product unique identifier (such as a code or serial number). You can contact the product safety team through the CCPC website. 

When you bought the mattress, you entered a sales contract with the furniture store.  Under consumer law, the mattress must be as described, fit for purpose and as durable and of the same quality as any sample you saw before you made your purchase. All claims about the mattress should also be genuine.

The term ‘hypoallergenic’ implies only that an item will keep an allergic reaction to a minimum, not that it will prevent it altogether. To add to this, there is no standard definition of ‘hypoallergenic’ in EU or Irish law. But in any case, your question suggests that the mattress is unsuitable for your needs. Because of this, you have a right to return it for a repair, a replacement or a refund.

It seems that a repair is not possible and, based on your question, the shop doesn’t stock other ‘natural fibre’ mattresses as a suitable replacement. Your options then are to request a partial refund that reflects the reduced value of the mattress because of the irritation it causes – but only if you think you can live with the odour over time – or terminate the contract for a full refund.  

I suggest complaining in writing to the retailer, outlining your consumer rights when an item is not as described, and clearly stating the remedy you would like. You can find information on how to complain and your rights in relation to faulty goods on the CCPC website. 

If the retailer doesn’t resolve the issue, and you paid for the mattress with a debit or credit card, you could consider asking your card issuer to reverse the payment through a chargeback. Each card issuer has their own terms and conditions. Failing that, you could consider seeking a full refund from the small claims court. It costs €25 to apply and is available for claims of up to €2,000. 

Originally published in the Sunday Independent on 25 January 2026: Your questions answered on Irish consumer rights | Irish Independent

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