How can I get my money back for a sofa of poor quality?

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What is provided by law

Remember! Federal Law “On the Protection of Consumer Rights” in Art. 25 provides for the buyer’s opportunity to return the goods to the seller if for some reason they do not fit, or if they are found to have defects or other significant deficiencies.

However, Decree of the Government of the Russian Federation No. 55 defines a list of goods that cannot be returned to the seller or manufacturer if there are no comments on the quality of the product. The sofa is multifunctional furniture and is not included in the specified list of products.

Therefore, it can be returned to the seller under the following circumstances:

if it does not suit the color, dimensions, shape, size. That is, there are no complaints about the quality of the product. The buyer may not even explain the reason why he is returning this piece of furniture;
if defects, manufacturing flaws, or defects in the product are found. In addition, the sofa may be damaged when it is delivered by transport to the seller at the buyer’s place of residence.

Note! The buyer, having decided to return the sofa for subjective or objective reasons, must notify the seller of his decision. It is advisable to put this in writing and make a reference to the relevant article of the Law on the Protection of Consumer Rights.

Save with shoe polish

Minimal color palette for shoe polish

The shoe polish should match the color of the leather sofa. Didn't find the shade you're looking for? Buy similar colors and achieve the desired color by mixing creams. This method only applies to shallow scratches on the sofa. You can take a small amount of shoe polish and apply it to the damage.

There is a wide range of shoe polish colors available from different manufacturers.

If the color of the cream is chosen correctly, you will be able to perfectly disguise scratches on the surface of the sofa. If you are unable to choose the color of the cream, apply it to those areas of furniture with damage that are not very noticeable.

Leather paint in different release forms

Sketched background of the sofa with cream, suitable color

How to get money back for a bad quality sofa

If the purchased sofa turns out to be defective or has other manufacturing defects, it is returned to the seller. Usually this procedure occurs without any particular difficulties, since the seller does not want to spoil his reputation and will not cause trouble with the buyer.

However, it happens that there are also unscrupulous sellers who do not want to accept the goods back. Moreover, if there is a question about the return of the money paid for it.

In this case, you must file a claim for the return of the product addressed to the seller. If difficulties arise in drafting a document, it is better to entrust this work to a legal specialist.

The claim is accompanied by a sales or cash receipt confirming the purchase, as well as a warranty card. During the warranty period, the sofa must be replaced with a quality one.

And if the seller does not have a similar product, the money must be returned in full.

At the initiative of the buyer or seller, a commodity examination may be carried out. If she confirms the buyer’s demand, then if the dispute continues, the matter may go to court. If the expert’s opinion shows that the buyer’s demand is unfounded, then a positive decision may not be achieved in court.

How to act in a particular situation depends on the buyer. To do this, you need to know the provisions of the Federal Law on the protection of consumer rights. It’s better to consult an experienced lawyer.

ATTENTION! View the completed sample claim for the return of goods of inadequate quality:

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

Oil grout

Using oil will help restore the covering of a leather sofa if the damage is not significant and the scratches are shallow and fresh. The grouting process does not present any particular difficulties. Use a cotton pad to gently rub the oil into the damaged areas and leave until completely dry. The procedure can be repeated if traces remain. For a better effect, you can iron the surface covered with a napkin with a low-heat iron. I would like to note that the iron should only be used for products made of genuine leather; repairing leatherette does not require heat treatment.

Refund within 14 days

In order for a sofa that is not suitable for the buyer to be returned to the seller without much difficulty, this procedure must be completed within 14 days.

The specified period is established by law and must be observed by both parties to the transaction. During the specified period, it is not necessary to explain the reason why the goods are returned. However, the seller will try to find out. And if it turns out that there are no complaints about the quality of the sofa, he will offer to replace the product with another.

Important! If the buyer insists on returning the money, the seller will be obliged to satisfy his demand.

How can I get my money back for a sofa from the Much Furniture showroom?

Read how to return custom-made furniture here.

Who pays for an independent examination of the product, read the link:

Another life-saving measure

You can save furniture with olive oil

Buy olive oil and apply it to the scratches. Cover these areas with a cotton cloth and wait until the oil is absorbed. You will need to cover the structure with a cloth and use a lukewarm iron. The device should be kept on the fabric for no more than ten seconds.

There is one caveat to this method of saving a sofa from cat scratches: you can’t just take the iron and place it on the fabric. This will ruin the leather upholstery of your furniture. You should move the device in a circular motion over the fabric until the oil is completely absorbed.

How to get your money back after two weeks

Typically, each non-food product has a warranty, during which claims regarding the quality of the product are accepted. It is installed by the manufacturer. If he did not do this, then the seller has the right to issue a warranty card.

It happens that for some reason neither the manufacturer nor the seller has established a warranty period. In this case, the warranty period is determined by two years, counting from the date of purchase of the product.

Please note! If the product is of poor quality, it can be returned in any case. Even if it is included in the list of goods that cannot be returned.

However, there is also a peculiarity here. The return of not any product necessarily entails a refund of the money paid for it. If the seller has a similar product, it is possible to exchange the product for another.

In addition, a malfunction in the sofa can be eliminated by repair. Shipping costs for the product must be borne by the seller or manufacturer.

You can use these conditions only under certain conditions:

the warranty period has not expired;
The product's shelf life has not expired.

In other cases, you can return the sofa within two years from the date of purchase. If defects or other malfunctions were discovered after the expiration of 14 days, then in this case it is also possible to return the sofa and receive the money paid for its purchase.

However, in this case you will have to make a formal claim. Documents confirming the transaction should be attached to it.

The main reasons for returning upholstered furniture

A purchased sofa can be returned for two main reasons:

the buyer is not satisfied with a number of criteria (dimensions, shape, color);
has defects that became apparent after purchase.

In the first case, the return of the sofa is not related to its defects. In such cases, the consumer returns the product he does not like to the seller.

If the product is defective, it can be returned by the customer. In this case, one condition must be met. The defect must be discovered within the warranty period that manufacturers have the right to set.

Important! When purchasing upholstered furniture, buyers need to compare its dimensions with the size of the doorways in the apartment. This will allow you to avoid possible refusal of the purchased product in the future.

Refund for poor quality furniture with a receipt

According to the requirements of the Consumer Protection Law, if the purchased sofa meets the quality characteristics, but the buyer does not like it, it can be returned to the seller. However, you can only request an exchange for another product.

And only if the seller does not have a copy that would satisfy the buyer’s requirements can a refund be requested. When returning the sofa to the seller, you must provide the necessary documents.

These include:

product passport;
a cash receipt or sales receipt confirming the completion of a purchase and sale transaction.

Saving a sofa with oil

Wet the sofa with oil and then polish it well

If the scratching post was not purchased on time, and the pet managed to get to the leather sofa, sharpening its claws on it and leaving scratches, read about how to save the furniture. For restoration work you need to stock up on the following supplies.

Oil	Tampons	With a rag
For wetting	For wiping	For polishing

You can wipe a very small damaged area of leather on the surface of the furniture.
Check carefully for any changes to the upholstery. If no changes are found, wipe the cat's scratches and the areas surrounding them.
Using a rotating motion, rub the oil into the sofa. You will need to wait half an hour and see what you get.

If the cat scratched the sofa shallowly, the traces of the cat’s crime will disappear after the first manipulation with the oil. But if the traces lie deeper than expected, the steps described above will have to be repeated three to four times.

How to get money back without a receipt

Remember! The Federal Law on the Protection of Consumer Rights does not require the presence of a cash register or sales receipt, which would confirm the fact of purchasing a sofa from a specific seller.

The completion of a purchase and sale transaction can be confirmed by other documents, as well as testimony, if the seller refuses to satisfy the consumer’s demands. And they must contain an exchange of the sofa for a similar one that would suit the buyer.

And only if the proposed options do not suit the buyer, or the sofas are no longer on sale at all, does it come to a refund. In order to cancel a sofa purchase transaction, the buyer must have certain documents with him.

These include:

passport;
sales or cash receipt. If they are absent, you can refer to witness statements or other documents. For example, which confirm the fact of delivery of the sofa by the seller’s transport.

ATTENTION! Look at the completed sample application for the restoration of a lost check:

We use rubber-based glue

Rubber glue (rubber) is a solution of rubber in gasoline

Use rubber glue, liquid leather. Rub them into the scratch and let the product dry. When the scratch is sealed, paint over the damaged area on the sofa with a special paint that matches the color of the leather furniture.

Glued and painted over scratch on a green leather sofa

There are many products that can mask scratches on a sofa. Fortunately, people in Russia have a developed imagination. Some use markers, others use nail polish, others use wax and liquid skin.

Filling in small skin defects with a pencil

Renewing leather upholstery using affordable products

These methods are equally good and easy to use. Don’t despair ahead of time if your cat has done some mischief in the house, you know what to do!

Sofa cushion with a lot of scratches

Thorough cleaning of leather surfaces with a very gentle and effective product

Thorough grinding and repair of scratches with special compounds

Painting the leather, then final varnishing and an excellent repair result in the end

Refund during the warranty period

When buying a sofa, the consumer must ensure its quality. If, during its inspection or during its operation, defects or manufacturing defects were identified, such a product must be returned to the seller.

You can return the product within the warranty period, and if it was not installed on the sofa, then within two years from the date of purchase. Returns are possible only to the seller who sold the low-quality sofa to the consumer.

You can request:

exchanging the sofa for a similar one of appropriate quality;
repairs at the expense of the manufacturer or seller.

If the parties have not reached a mutually beneficial solution, the conflict can only be resolved officially. To do this, you should prepare a written claim, which is handed to the seller.

This document is drawn up in two copies. One is handed to the seller, on the second the seller makes a note about receipt of the document.

Important! If the seller refuses to receive the claim, it should be sent via mail. To do this, you must send a registered letter with acknowledgment of delivery and a list of enclosed documents.

What can be exchanged or returned

According to Government Decree No. 55, furniture is classified as durable items and is included in the list of “non-returnable” products that cannot be exchanged or returned to the seller.

However, there are 2 conditions: the products are of proper quality and sold as a set or set. Other cases are exceptions to the rules.

You can donate quality products to a store if:

I don’t like the color, the size of the table and chairs, which were sold individually, did not fit.
In the cash register receipt, all the wall and floor cabinets of the kitchen set were printed in separate lines; in the sales area there was a price tag on each item.

You can refuse to fulfill the contract and take the money for a set of upholstered furniture of inadequate quality.

The store cannot refuse the buyer’s request to exchange or return the money spent if the sale rules were violated and the client was not provided with the following information:

about the country, manufacturing company, legal, actual address of production;
about the materials used;
about consumer properties: size, weight, purpose;
about the assembly method, use, care, safety rules;
about the guarantee;
certificate or declaration of conformity with established standards and requirements;
about methods of delivery, receipt, payment;
about the price for each product or the cost of the set.

If the seller forgot to provide this information or it is not indicated on the price tag, you can refuse the purchase on a general basis.

How to get your money back for low-quality furniture after the warranty expires

Furniture manufacturers do not provide a long warranty period. Usually this is 12-18 months. In some cases, there is no question of providing a guarantee for the sofa.

The Federal Law on the Protection of Consumer Rights stipulates that goods can be returned during the warranty period. And if it runs out, or it was not installed on the product, then for two years. The period is calculated from the date of purchase of the sofa in the store.

To return a purchased sofa to the seller, you should have the following documents on hand:

buyer's identity document;
cash or sales receipt, which is issued to confirm the fact of the transaction;
warranty passport or coupon for the product.

Attention! If the cash receipt or sales receipt has not been preserved, the fact of purchase can be confirmed by witness testimony.

When returning a sofa of inadequate quality, the consumer has the right to count on:

refund of money paid when purchasing a sofa;
compensation for losses incurred as a result of the sale of a defective or defective product;
reimbursement of the difference in price. For example, at the time of returning a sofa, a similar product costs more. The price of the item on the day of return will be refunded.

Many consumers, when purchasing a sofa, could use a bank loan and purchase it in installments. When returning a low-quality sofa purchased on credit, the consumer has the right to demand repayment of the loan and interest on the use of borrowed funds at the expense of the seller or manufacturer.

Watch the video. How to return defective furniture:

Cases of filing a claim

Claims are made by buyers in the following cases:

the seller’s refusal to replace low-quality furniture with a high-quality similar product;
the seller’s reluctance to eliminate defects in a purchased piece of furniture with a valid warranty on it;
refusal to return money back to the client;
refusal to replace defective products with furniture of a different model or manufacturer with price recalculation;
a negative response to payment of compensation for the purchase of defective goods;
a negative response from the seller to a reduction in the price of the purchased defective item.

Reference! Additionally, the consumer has the right to demand an examination of a low-quality product by the seller. He may be present during the quality control procedure.

Returning a sofa of poor quality purchased from an online store

When purchasing a sofa through an online store, the same documents must be drawn up for the goods as during regular trade. That is, the seller must issue a cash receipt or invoice, which will indicate the cost of the sofa.

In addition, the date of sale in the warranty card is filled in. There, the seller must put his seal or other mark that allows him to be identified as a business entity.

If the sofa breaks down during the warranty period, you should be guided by Article 18 of the Consumer Protection Law.

Remember! According to this legal norm, the buyer has the right:

return the product to the seller, demanding back the money that was paid when purchasing it. The Law gives the seller 10 days for this action;
to exchange or replace the sofa with a similar one. In this case, the difference in price is either paid extra or reimbursed to the consumer. If the seller has the goods, the Law allows him seven days. If such a product is not available - one month. Otherwise, 100 percent of the amount paid when purchasing the sofa will be refunded;
for warranty repair of the sofa at the expense of the seller or manufacturer. The law allows 45 days for repairs. If repairs are not made within this time, the buyer will be refunded the money he paid when purchasing the sofa;
discount on the price of the product if the sofa remains with the buyer.

Which claim to make depends on the consumer's choice.

ATTENTION! Look at the completed sample application for the return of goods purchased in the online store:

How to stop a cat from scratching furniture?

A separate issue is raising your animal. How to stop him from sharpening his claws on your furniture? You can purchase a special liquid at a veterinary store that repels cats. This composition should be used to saturate the furniture in those places where the cat likes to misbehave. There is also a composition that, on the contrary, attracts the cat’s attention, and it needs to be applied to the scratching post. Well, most importantly, devote more time to your pet, maybe he is just trying to attract attention with his pranks.

What do you think? Maybe you have your own ways to save your favorite furniture?

Claim for pre-trial refund

The current civil procedural legislation does not contain specific requirements that a claim must meet. However, legal practice has developed its own criteria for drawing up this document.

By following them, you can achieve the desired result, and if the dispute reaches the judicial stage of its resolution, then a legally competent claim will play in favor of the plaintiff.

Important! The simplest requirement for a claim is its written form. It can be handwritten or typewritten.

However, it must include the following information:

the name of the seller, its legal form of ownership, legal address, web address of the online store, its name. That is, you should indicate all known data that allows you to identify the seller and not confuse him with another legal entity or individual entrepreneur;
last name, first name, patronymic of the buyer, his place of residence, means of communication in the form of a telephone number or email address;
the name of the document is “Claim for the return of defective goods”;
when, through what online resource and on what terms was the contract for the sale and purchase of the sofa concluded, how this is confirmed;
obligations that were assumed by each party when concluding the transaction;
availability of a product warranty, by whom and when it was issued;
what are the defects or malfunctions of the sofa, and how is this confirmed. For example, the conclusion of a commodity examination, who conducted it and when, what conclusions were drawn by the specialist;
legal grounds for filing a claim with the seller;
the requirements put forward;
further actions of the consumer if the claim is not satisfied;
a list of attached documents that confirm the consumer’s position;
date, signature, surname and initials of the buyer.

The claim is drawn up in two copies. One is handed over to the seller or his responsible person against signature. The second one with the seller’s note about its receipt remains in the hands of the consumer.

The filing of a claim should be approached responsibly. If the buyer does not have the necessary legal training, it is better to entrust the preparation of this document to a professional lawyer.

ATTENTION! Look at the completed sample application for the return of goods of good quality:

Timeframe for consideration of a claim

It is up to the consumer to decide when to make a claim. The current legislation does not contain specific deadlines for its filing and consideration by the second party.

If a written agreement was drawn up during the purchase, or the parties exchanged electronic messages in which these positions were agreed upon, the agreements reached should be adhered to. In addition, the terms of the transaction may be general and posted on the relevant page of the online store.

Therefore, before embarking on a claim dispute resolution procedure, you should familiarize yourself with the necessary regulatory framework. In addition, you should familiarize yourself with the provisions of the Federal Law on the Protection of Consumer Rights.

Remember! The law establishes the following deadlines for the seller to consider the stated claim:

seven days are allotted to replace a faulty sofa with a quality product;
for a refund of the money paid for the sofa upon purchase if the sales contract is terminated - 10 days;
for repairing a sofa – 45 days.

Response time and complaints about being ignored

Art.
22 establishes a specific period within which the seller responds to the buyer’s claim. This period is 10 days. In this case, calendar days are taken into account. The buyer has the right to complain to Rospotrebnadzor about the store that sold him the defective sofa. This body will conduct an appropriate inspection and try to resolve the issue without the consumer going to court.

The most effective option when ignoring a claim is to go directly to court. To do this, a claim is drawn up, which describes the essence of the dispute.

In cases related to the protection of consumer rights, citizens are not charged state duty.

Terms of refund from the seller

Article 23 of the Federal Law on the Protection of Consumer Rights very clearly establishes the deadline for returning money to the buyer when returning a sofa of inadequate quality. The seller is obliged to return the money within 10 days from the date of receipt of the consumer's request.

Attention! During the same period, if the seller needs to verify the validity of the buyer’s requirements, he can order a merchandising examination. The buyer must take part in its implementation.

The seller is obliged to notify him of the date, time and place of the study. Within the specified period, plus time for postal document flow, the seller is obliged to send the buyer a response to his claim. If a response is not received or is received with a significant delay, then penalties in the form of a penalty of 1 percent may be applied to the seller.

It is accrued for each day of delay in responding to the claim and satisfying the buyer’s justified demands. If the case goes to court and the decision is not made in favor of the seller, then he will be obliged to pay the specified sanction, starting from the day when the claim should have been satisfied and until the date the court decision enters into legal force.

Application of “liquid skin”

“Liquid skin” will help cope with more serious damage. It comes in a convenient aerosol form. Before use, it is advisable to clean the area of furniture from dirt and degrease it. Apply the liquid in an even layer and cover with a cloth, after which it is also recommended to warm up the area with a warm iron. This type of repair allows you to disguise fairly large scratches.

How to file a claim in court

If the buyer and seller have not resolved the dispute related to the inadequate quality of the subject of the transaction, then only the court can put a final point in their legal relationship.

Civil procedure legislation imposes strict requirements on the content of the statement of claim. If the document does not comply with them, the court will refuse to consider the claim.

Therefore, to draw up a legally sound and compliant statement of claim, it is recommended to engage a professional lawyer or an experienced attorney.

A statement of claim is a legal document that sets out the position of the plaintiff with reference to the norms of current legislation or the terms of the contract.

Please note! According to Article 131 of the Civil Procedure Code of the Russian Federation, the statement of claim must contain the following data:

the name of the court that is legally competent to consider the dispute. In this case, the name of the locality, street, number of the building where the court is located is indicated;
last name, first name, patronymic of the plaintiff, his place of residence, means of communication with him in the form of a telephone number or email address;
if the plaintiff is represented by an authorized person, his full details are indicated, as well as the document on the basis of which he exercises his powers;
the name of the defendant, its organizational and legal form of ownership, all details by which it can be identified as the proper defendant, legal address, means of communication, if they are known to the applicant;
the cost of claims, if the consumer makes demands for recovery of material damage caused, compensation for moral damage, and collection of penalties;
when and on what terms the sofa purchase and sale agreement was concluded, how this transaction is confirmed;
the obligations assumed by the parties to the legal relationship and how they were fulfilled;
what the dispute is, due to what shortcomings in the product it arose, what actions the parties took to resolve the conflict peacefully;
pre-trial procedure for resolving a dispute, the seller’s actions on the received claim;
legal grounds for seeking judicial protection;
requirements;
a list of attached documents that confirm the plaintiff’s position;
date, signature, surname and initials of the plaintiff.

If the statement of claim is filed by the consumer's authorized representative, then a copy of the power of attorney is attached to it, on the basis of which the buyer has instructed to represent his rights and legitimate interests at the court hearing.

ATTENTION! Look at the completed sample statement of claim for a refund for a defective product:

If the seller refuses to transfer, exchange the goods or return the money

If you cannot resolve the issue peacefully, you can file a complaint with Rospotrebnadzor or sue the unscrupulous seller.

To file a complaint or legal claim, you will need documents confirming payment (checks, receipts, acts of acceptance and transfer of money, cash receipt orders, bank statements), a work order form for production, an application to the online store, a purchase and sale agreement, a copy of the claim and written refusal of the organization.

The package of documents can be sent by mail or presented in person to the nearest branch of Rospotrebnadzor or the court district. The third copy of the complaint or statement of claim is sent to the legal address of the company.

After inspection or consideration of the claim, the company will have to pay a fine or compensate for the cost of state duty, pay the cost of low-quality products, penalties and moral damages.

Download a sample complaint to Rospotrebnadzor against a store

State duty when filing a claim

According to the requirements of the Federal Law on the Protection of Consumer Rights, claims filed in court in order to protect the rights and legitimate interests of consumers are exempt from paying state fees.

However, after a decision on the merits is made, the party found guilty is obliged to reimburse the other party for all legal costs. This includes paying the state fee in the prescribed amount.

Attention! State duty calculator.

This provision was confirmed in Article 333.36 of the Tax Code. However, if the price of the claim exceeds one million rubles, then the plaintiff is obliged to pay a state duty at the rate of 13,200 rubles. for every million claims.

Such situations are only possible in real estate transactions. As for disputes over sofas of inadequate quality, then, naturally, the consumer’s claims will not exceed millions.

When the law is on the seller's side

The store can refuse the buyer in four cases:

the furniture was sold as a set and was delivered of proper quality;
the client applied for an exchange of goods purchased separately after the end of the period provided by law;
the marketable condition has been lost;
cabinet furniture, supplied disassembled, was assembled and installed.

In other cases, the organization does not have the right to refuse to exchange or pay money to the client.

Which court should I file the document in?

The rules of jurisdiction are determined by civil procedure legislation.

Remember! As for disputes based on violation of the requirements of the Law on the Protection of Consumer Rights, it itself provides for the right of the buyer to choose at his own discretion which court to appeal to:

at the place of legal registration of the defendant or the location of his administrative office or retail outlet;
if the defendant is an individual entrepreneur, then the claim can be filed at his place of registration or place of residence;
at your place of residence or official registration;
at the place where the contract for the sale and purchase of the sofa was concluded. That is, according to the location of the store.

If the defendant is a legal entity, and the rights of the buyer were violated by its branch or representative office, then the claim can be filed at the location of such branch or representative office.

Depending on the value of the claim, the court that has jurisdiction over the claim is determined. So, if the price of the claim does not exceed 50 thousand rubles, the dispute will be considered by a magistrate. If the amount of the claim exceeds the specified value, the case is subject to the jurisdiction of the district court.