Furniture Warranty Law for Consumer Protection


Legislative basis and warranty for furniture.

What warranty period exists for furniture is regulated by the Labor Protection Code; this is the main law on which the consumer relies if he has purchased a low-quality product.

According to Art. 5 of this regulatory act, “guarantee” means a period, a time period within which the buyer can contact the furniture seller to eliminate defects or return the money for the purchase.

It can be installed either by the manufacturer himself or by the seller (intermediary). Important! Furniture manufacturers are not required to issue a warranty for all products.

Responsibility for eliminating defects applies only on a voluntary basis.

For a certain time, which is chosen by the manufacturers themselves, sellers can apply the general rules that are prescribed in the PZPP.

Based on Art. 18, a buyer who purchased defective furniture may require:

  • Replace a piece of furniture (set) with an analogue of equal value.
  • Reduce the price (discount for defects).
  • Replace with another set with a change in cost (additional payment or payment of the difference).
  • Eliminate defects at the expense of the manufacturer (seller).
  • Refuse the purchase and return the money spent.

In addition to the PZPP, there is another by-law - Government Resolution No. 55.

The list under clause 114 contains the rules that must be followed when selling furniture products.

When the warranty does not apply

Often, furniture defects are not identified immediately, but after some time. The buyer, having paid tens or even hundreds of thousands of rubles, suddenly notices that the doors are starting to fall off, the wood is cracking, and the paint is peeling off.

Wanting to rectify the situation, the citizen checks the warranty period for the furniture using the documents, goes to the store and unexpectedly receives a refusal. This is possible in the following cases:

  • the set or individual sections were damaged as a result of flooding, fire, earthquakes and other natural disasters;
  • the buyer carried out incompetent assembly on his own, which negatively affected the quality of the product;
  • the furniture has deteriorated due to improper use or violation of the rules specified in the passport;
  • normal wear and tear of the product is considered a malfunction (for example, a chair that has been used for a year has acquired some wear and tear);
  • the defects appeared as a result of incorrect transportation of the product, which was organized by the buyer himself (if he delivered the furniture using the services of a third-party company, the claim should be sent to it);
  • traces of thermal, mechanical or chemical effects were found on the objects;
  • in case of deliberate damage to furniture - by the owner himself or other persons.

If defects arise for the specified reasons, the buyer has no right to count on either warranty repairs or a refund. He will have to repair damage and defects at his own expense.

When deciding to return or replace the headset, the seller will be guided not only by the law on the protection of consumer rights, but also by GOSTs, as well as expert data. These documents define what is a manufacturing defect and what is not. The buyer complains about the quality of upholstered furniture, based on GOST 19917-93, and the seller refuses his demands if:

  • there is a slight discrepancy between the material and the tone of the sample;
  • wrinkled upholstery smoothes out with light hand pressure;
  • folds that the owner did not like are an artistic technique of the manufacturer;
  • the buyer is dissatisfied with the natural smell of leather or other materials;
  • the heterogeneity of leather upholstery is caused by the natural characteristics of the animal, etc.

Main nuances: objects and accessories.

The manufacturer is responsible for the quality and complete set of small, medium, large parts (hinges, stands, legs, etc.) that make up the piece of furniture.

If we talk about accessories, they fall under clause 116 of RF PP No. 55, which states that the manufacturer or seller must personally check the quality and equipment before sale.

They are the ones who are responsible for shortcomings, incomplete sets of parts (completeness of assembly), and also conduct examinations in case of controversial issues and detection of defects.

Important! Sometimes the manufacturer/seller talks about “global standards” on which he relies in controversial issues that arise during the operation of furniture.

This is not provided for by Russian legislation and warranty obligations must be based specifically on the set of rules/laws provided for in the Russian Federation.

Returning a sofa: how to file a claim and get your money back.

What to do when purchasing

All information about the warranty must be indicated in the warranty card for the purchased furniture, a sample of which must be given to the buyer along with a receipt at the time of purchase. By issuing such a document, the manufacturer or seller regulates its obligations to repair, repair or replace the product if a breakdown occurs during operation. However, the coupon also has its own subtleties.

The best option is legal advice, since some conditions may be written in small print and not noticeable. In any case, you should carefully study the document, clarifying all the nuances. For example, some sellers may make adjustments during promotions (such as special discounts during the holidays), reducing the period in which you can file a claim.

The beginning of the warranty period, as a rule, is the day on which the purchased products are delivered (signing a transfer and acceptance certificate form will help to record this moment). If the furniture needs to be assembled, then only from the moment of assembly.

Important! It is worth taking a responsible approach to checking the necessary components. A thorough inspection of the fittings, the appearance of surfaces, glass or mirrors (if present) will protect you from unpleasant moments in the future.

If there are still defects (for example, chips or dents, cracks or scratches), the buyer must contact the seller or manufacturer, filing a competent claim. The list of rights that the buyer has can be found in Article 18 of the Law of the Russian Federation “On the Protection of Consumer Rights”:

  • refusal to purchase (all money paid for the product is returned);
  • replacement of damaged products with a similar product or products of a different brand or model (in this case, the seller is obliged to recalculate and return the difference);
  • free repair or replacement of defective parts or full compensation of all costs and expenses required to eliminate defects;
  • requirement to revise the residual value downward due to defects.

When making a request to reduce the cost or compensate for the costs incurred by a defective product, the seller or manufacturer is obliged to resolve the issue in no more than 10 working days. At the same time, the presence of a receipt is an optional condition; the buyer has the right to file a complaint even in the absence of a cash or sales document.

Important! In cases where the buyer, for some reason, was unable to inspect the goods before acceptance, this fact must be indicated in the invoice (as a rule, the note “Accepted without inspection” is made there). This option is a certain protection of the buyer’s rights in the event that the product does not meet the stated requirements or GOST.

The furniture warranty starts after the sale.

The warranty period for furniture begins (according to Article 19 of the Labor Code) from the moment the buyer receives the goods in his hands.

If the transfer time is not precisely established, then the countdown begins from the moment the piece of furniture is released. The warranty for components is equal to the validity period for the complete set, unless otherwise stated in the internal instructions.

Important! The warranty obligation works if it is established directly by the seller. The manufacturer cannot be responsible for quality forever.

According to the law, the warranty period is the limit during which the buyer can demand that defects in the furniture be eliminated.

According to the PZPP Art. 5 clause 6 and clause 7 it follows that if the manufacturer has not indicated the warranty period, it is established by the seller. If no one did this, then according to Art. 19 it is 2 years.

The type of product is also taken into account, so the warranty period for upholstered furniture is longer than for an office chair or furniture for use in a public place (bedside table in a hospital, chair in a waiting room, etc.).

Important! Typically the warranty period is 12, 18 or 24 months.

The manufacturer can provide a 5-year warranty on imported furniture.

Purchase and sale agreements usually indicate that within 6 months.

The buyer has the right to make a claim to the seller, and then only to the manufacturer.

Free furniture repairs under warranty

Furniture repairs under warranty are carried out after filing a claim in writing.
If all conditions are met, then the company carries out appropriate work to eliminate the defects and shortcomings that have arisen.

During repairs, the warranty period is suspended.

The same conditions are observed when considering a case in court.

If the work was carried out independently, then the consumer has the right to receive compensation for expenses incurred.

Important! If the furniture is in a warehouse and the warranty period is already in effect, then these conditions are unfavorable for the buyer and in this case the time for transferring the goods to him should be accelerated.

Over a short period of time, secondary breakdown of furniture requires the fulfillment of certain obligations on the part of the manufacturer:

  • replacement of a product with a similar copy for the period of repair or for permanent use;
  • purchasing other furniture with recalculation of funds;
  • refund of the full amount spent on the purchase of furniture;
  • receiving a significant discount on defective goods;
  • compensation for expenses incurred during self-repairs.

The repair period from the date of filing the application is carried out within 45 days. If, after the lapse of time, a satisfactory decision is not made, then the buyer can assert his claims in court.
Most furniture manufacturers in the domestic market, in the fight against competitors, are establishing service and warranty periods acceptable to their customers. Therefore, all consumer requirements have legal grounds and are satisfied through an agreement between the two parties.

Information about the warranty period is indicated in the passport or purchase and sale agreement. The purpose of service depends on the manufacturer and the type of product purchased.

In exceptional situations, when making a purchase, warranty service is not indicated. Under these conditions, any damage detected is subject to replacement or repair within a period of no more than 6 months from the date of sale.

Important! Making changes regarding the warranty period, as well as the method of delivery of purchased furniture, is possible before signing the contract, since after the document comes into force, all conditions can be agreed upon only on the basis of a mutual decision of the two parties!

What to do if deficiencies are found

So, the shortcomings of the purchased furniture are recorded. What actions should the buyer take next?

The first step is to file a claim against the manufacturer or seller (depending on who is responsible for the quality of the product). The most necessary document in this case is a warranty card. The direct return of products is carried out at the expense of the responsible company: representatives are required to accept the goods, after which specialists can conduct an examination.

Important! The buyer has every right to directly participate and be personally present when the goods are checked for quality - this will help to challenge the results of the examination in court in a timely manner.

If the warranty period is not specified by the manufacturer or seller, the buyer may request that the warranty period be established in accordance with the law (that is, 2 years). True, in such cases, checking the quality of the goods occurs exclusively at the expense of the buyer.

Furniture PUSHE

The high quality of PUSHE furniture is the result of careful selection of purchased materials and strict control at all stages of production:

  • frames are made of strong and durable materials. They undergo multiple tests and technical checks;
  • The filler uses highly elastic polyurethane foam, which has high tensile strength. It is non-toxic and retains its original appearance for a long time;
  • transformation mechanisms are reliable and easy to use;
  • modern fabrics and high-quality calfskin are used in the upholstery and removable covers;
  • PUSHE furniture has all the necessary certificates and complies with GOST 19917–93.

How to refuse a purchase from an online store

When placing an order in an online store, the Distance Selling Rules approved by the Government are first taken into account.

For example, you can refuse a bed purchased online before receiving it or within a week after delivery. If the company forgot to include a reminder about the return period and filing claims, the period increases to three months.

Some large online hypermarkets set their own rules. For example, cabinets or storage systems from Ikea can be returned within a year without a receipt or original packaging. To do this, you need to take the goods to any store yourself or order return delivery by notifying the seller. The exception is used products.

How to get your money back

The following step-by-step instructions will help you fill out an application for a refund for furniture:

  1. When receiving factory products in a store, you must inspect the body and upholstery for defects and damage, count the quantity, measure the dimensions, and check the color. If, when making a purchase, you order home delivery or custom-made furniture will be delivered in a few days, repeat the steps when receiving the product at home. You can sign the acceptance certificate only after checking the quality.
  2. If a defect is discovered during or after acceptance of factory-made, custom-made furniture, file a claim in free form. In the application, indicate the details of the head of the organization, the name of the company, contact phone number, your passport details, describe the situation and requirements. If the product was purchased individually, you can demand a refund; in other cases, an exchange or elimination of the defect.
  3. Attach the sales receipt, cash receipt, acceptance certificate, contract. To prove the defect and speed up the application review process, you can attach a photo showing the defect.
  4. Submit the package of documents to the seller, agree on the terms and date of collection from the buyer of the furniture. If the item weighs less than 5 kg and is not a large item, delivery is usually handled by the customer. In other cases - through the efforts and expense of the organization.
  5. From the moment the claim is submitted, the store administration has 3 days to pay the purchase price if it was paid in cash. With a non-cash payment method, the money will be returned to your current account within 10 days.
  6. If the client demands that defects in custom-made products be eliminated, the date of completion of the work is agreed upon separately.

According to representatives of Rospotrebnadzor, it is possible to exclude the seller’s refusal to return or exchange low-quality products at the time of receipt. If there is no time to inspect and search for defects, you should sign the invoice and write “Accepted without inspection.” Only in this case can you file a claim a few days after receipt.

Rating
( 1 rating, average 5 out of 5 )
Did you like the article? Share with friends:
For any suggestions regarding the site: [email protected]
Для любых предложений по сайту: [email protected]