The role of the complaint
This document allows the buyer of a product or recipient of a service to declare that it was provided under improper conditions. A claim can be made based on the quality, quantity, assortment, weight of any inventory items, unilateral changes in their value, delivery time, etc. parameters.
Thus, the complaint records a violation of consumer rights , and in the future can be submitted to the court, provided that no actions were taken by the responsible organization or their implementation did not satisfy the requests of the injured party.
SAMPLE claim for terms of provision of furniture:
General Director of Lastochka LLC
From:________________________________ Address:_______________________________
CLAIM
On February 16, 2013, an agreement for the purchase and sale of kitchen furniture of the Victoria model with delivery and assembly was concluded between me and your organization (Purchase and Sale Agreement No. 8B9BR00023 and Agreement to the Sale and Purchase Agreement No. 8B9BR00023 dated February 16, 2013).
I made an advance payment of 100,000 rubles. (One hundred thousand of rubles). The fact of payment was confirmed by a Cashier's Receipt dated February 16, 2013. The total cost of the furniture in accordance with the Agreement and the Specification for the Sale and Purchase Agreement is 208,748 rubles. (Two hundred eight thousand seven hundred forty-eight rubles). I fulfilled all my obligations to your organization at that stage.
The agreement concluded between me and your organization is a purchase and sale agreement. Therefore, our legal relations are regulated by the norms of the Law of the Russian Federation “On the Protection of Consumer Rights” and regulations adopted in accordance with this Law.
According to the Agreement, the period for fulfilling the obligation to provide furniture is 45 days, which is reflected on the first form of the Kitchen Project (drawing), which is kept by your manager. However, as of April 17, 2013, the contract was not fulfilled, the furniture was not delivered to me. As a result, I am forced to file a claim to terminate the contract and demand a refund of the money paid under the Contract.
In accordance with Articles 309, 310 of the Civil Code of the Russian Federation and Art. 4 of the Law of the Russian Federation “On the Protection of Consumer Rights” the seller is obliged to fulfill the Agreement in accordance with its terms. However, on the part of your organization there is a unilateral refusal to fulfill the obligation to provide furniture. Also, your organization is withholding funds belonging to me without legal grounds.
The Law “On Protection of Consumer Rights” establishes liability for late provision of goods. In accordance with Art. 23.1. According to the Law of the Russian Federation, a purchase and sale agreement, which provides for the consumer’s obligation to pre-pay for the goods, must contain a condition on the period of transfer of the goods to the consumer. If the seller, who has received the advance payment amount in the amount specified in the purchase and sale agreement, has not fulfilled the obligation to transfer the goods to the consumer within the time period established by such agreement, the consumer, at his choice, has the right to demand:
- - transfer of the paid goods within the new period established by him;
- — return of the amount of advance payment for goods not transferred by the seller.
In this case, the consumer also has the right to demand full compensation for losses caused to him as a result of violation of the deadline established by the sales contract for the transfer of prepaid goods. In this case, the seller pays the consumer a penalty (penalty) for each day of delay in the amount of half a percent of the amount of prepayment for the goods.
The penalty (penalty) is collected from the day when, according to the purchase and sale agreement, the transfer of the goods to the consumer should have been carried out, until the day the goods are transferred to the consumer, or until the day the consumer’s demand for the return of the amount previously paid by him is satisfied.
The amount of the penalty (penalty) collected by the consumer cannot exceed the amount of advance payment for the goods. The consumer's demands for the return of the amount paid for the goods and for full compensation for losses are subject to satisfaction by the seller within ten days from the date of presentation of the corresponding demand.
Calculation of penalties
From April 18, 2013 to May 8, 2013 – 19 days 19 days x 0.5% per day – 9.5% of 100,000 rubles. = 9,500 rub. (Nine thousand five hundred rubles). Based on the aforesaid and guided by Article. Art. 4,15,23.1. Law of the Russian Federation “On the Protection of Consumer Rights”
I DEMAND:
- Pay me a penalty in the amount of 9,500 rubles. (Nine thousand five hundred rubles).
- I refuse to execute the Sale and Purchase Agreement No. 8B9BR00023 and the Agreement to the Sale and Purchase Agreement for the provision of additional services and demand the return of the amount paid under Agreement No. 8B9BR00023 in the amount of 100,000 rubles. (One hundred thousand of rubles).
In total I demand to pay 109,500 rubles. (One hundred nine thousand five hundred rubles).
In case of refusal to satisfy my legal demands within 10 days from the receipt of this claim, I will be forced to go to court and demand, in addition to the above, also compensation for moral damage.
date
Signature
Who writes the document
The complaint can be made either on behalf of an individual or on behalf of an organization. In the second case, this letter can be written by any employee of the company who is authorized to create such claims and has a sufficient level of knowledge, qualifications and familiar with the legislation of the Russian Federation. Typically, this function falls within the competence of a lawyer, the head of the structural unit that is directly related to the agreement between the parties, or the secretary. In any case, the document must be agreed upon with the head of the organization.
Submission deadlines
There are no clearly established deadlines for filing a complaint. As a rule, they are valid for the entire period of the warranty for the product or service, or, if there is no such warranty, then the period for filing a claim is at least two years . In other cases, claims may be accepted within a period similar to the limitation period (three years).
It should be noted that the period for filing a complaint is quite often regulated by an agreement or contract concluded between the two parties.
In case of violation of this clause, the issue regarding the claim can only be resolved in court.
Quality issues
Furniture is a special product that must be carefully inspected upon delivery. The greatest difficulty is presented by furniture made of natural wood or natural veneer. It allows for different shades due to the complex structure of the tree. But chips of varnish and wood sores, which can affect the appearance, are not allowed.
The quality of the furniture received and the quantity of its elements is reflected in the Transfer and Acceptance Certificate, which is signed by the customer and the representative of the seller (manufacturer). If the furniture is delivered sealed and packed in airtight boxes, the Certificate must record the number of boxes and indicate that their contents have not been inspected.
Under a furniture purchase and sale agreement, the period for eliminating defects is determined in accordance with Art. 20 of the Law of the Russian Federation “On the Protection of Consumer Rights”. It says: if the period for eliminating defects in the product is not determined in writing by agreement of the parties, these defects must be eliminated by the manufacturer (seller...) immediately. That is, in the minimum period necessary to eliminate them, taking into account the usually used method. But this period cannot exceed forty-five days.
If it becomes obvious that the deficiencies will not be eliminated within the established period, the parties may enter into an agreement on a new deadline. At the same time, the absence of necessary spare parts (parts, materials), equipment and other similar reasons are not the basis for concluding an agreement on a new deadline and do not exempt from liability for violating the original deadline determined by agreement of the parties.
According to the purchase and sale agreement, if there is a delay in eliminating furniture defects, the consumer has the right to demand from the seller a penalty in the amount of 1% of the price of the goods for each day of delay. The amount of the penalty is not limited by the price of the goods (Article 23 of the Law of the Russian Federation “On the Protection of Consumer Rights”).
Under a contract for the manufacture of furniture, the period for eliminating deficiencies is determined in accordance with Art. 30 of the Law of the Russian Federation “On the Protection of Consumer Rights”. It states: defects in the work (service) must be eliminated by the contractor within a reasonable time specified by the consumer. This period is indicated in the contract or other document, or in a statement sent by the consumer to the contractor. Thus, under the contract, the consumer can set a deadline for eliminating deficiencies. But this period must be reasonable and must be specified in a written statement addressed to the executor.
Under a contract for the manufacture of furniture, liability for delay in eliminating defects is established in the amount of 3% of the total price of the contract for each day of delay (Article 28 of the Law of the Russian Federation “On the Protection of Consumer Rights”).
Compilation rules
Today, this document does not have a mandatory unified template, so it can be drawn up in any form or according to a template developed within the enterprise and approved in its accounting policy.
Regardless of which format is chosen, the form must include a number of specific information:
- information about the company against which the claim is being made (its name, position and full name of the manager),
- information about who is filing the claim,
- the essence of the complaint,
- date of compilation,
- a link to the contract under the terms of which the complaint is being written.
According to the rules for drawing up claims, they must be legally justified . In this case, such justification includes any documentary evidence and confirmation that the terms of the contract or the law were violated. In the document, all these papers must be indicated as attachments .
You should be very careful when drawing up a complaint, not forgetting that at some point this document may become evidence in court. When completing it, you must try to avoid mistakes, as well as entering unfounded, unreliable and, especially, deliberately false information.
Certificate of return of defective goods to the supplier: signing procedure
Most are interested in how to correctly draw up an act and what should be written in it. But before that, it is advisable to check the delivered goods again. To do this, it is necessary to form a commission of three people to finally make sure that the product is truly of inadequate quality.
ATTENTION: it is desirable that one of the commission participants is a representative of the supplier, acting on the basis of a power of attorney. Thus, he participates in the inspection and then signs a certificate of return of the defective product.
This act must also be signed by all members of the current commission.
It is advisable to prepare and print out the act in several copies - for yourself and for the supplier. When compiling, you can be guided by standard forms and filling samples. To accurately and accurately fill out the return form for defective goods, contact the specialists of the Pravio portal in Moscow. They will help you prepare any document quickly and at a reasonable price. There is no need to notarize such a deed.
Design rules
Both the content of the complaint and its execution are made freely. The claim can be written on a standard A4 sheet, or on the company’s letterhead, both handwritten and printed.
The main condition: the claim must be certified by the personal signature of the applicant.
It is not necessary to put a stamp on the document, since neither individual entrepreneurs nor legal entities (since 2021) are required to use it in their activities.
The complaint is drawn up in two copies , one of which is sent to the supplier of the goods or service provider, and the second remains with its author. It is advisable to first endorse the second copy from the responsible party.
How to submit a complaint
There are several ways to forward a complaint to the recipient.
- The first is to give it personally to a representative of the defendant company in the claim.
- The second, no less reliable, but more time-consuming, is to send by registered mail with return receipt requested.
- The third option is to send the complaint via email, but in this case, there is no guarantee that the addressee will receive the message, since it may go to the Spam folder or get lost in some other way.
