Is it possible to return furniture that does not match the color?

Free legal consultation over the Internet 24 hoursLawyer on housing issues in St. Petersburg. Free legal consultation on labor disputes.
5/5 (9)

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.

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.

Complaint to the seller

claims for the return of a sofa of inadequate quality free of charge in word format

claims for exchange of goods of good quality free of charge in word format

There is no strictly established claim form, however, when drawing it up, the following information should be included in the text of the document:

• in the upper right corner, indicate information about the seller: the name of the legal entity or full name of the individual entrepreneur, as well as his address,
• provide information about the applicant (full name, address, contact phone number for feedback),
• in the middle of the sheet indicate the name of the document: “Claim”,
• in the main part of the document, describe when, where and under what conditions the purchase was made. In this case, you should identify the purchased product by indicating its model, article number, and price. If there is a warranty period established by the manufacturer for the product, you must indicate its expiration date. Include in the text of the main part of the claim information about how long the sofa was used by you, and also describe when and under what conditions the defect was identified, give a description of the defect,
• part of the claim, which includes references to the provisions of regulatory legal acts. It should be noted that the return requirement is based on Article 18 of the Law of the Russian Federation “On the Protection of Consumer Rights”. In addition, indicate that the claim must be considered by the seller within the period provided for in Art. 22 of the Law of the Russian Federation “On the protection of consumer rights,
• indicate the list of documents that form the attachment to the claim (for example, a receipt (sales or cash register), warranty card and other documentation),
• complete the claim with the date of preparation and the personal signature of the applicant.

ATTENTION! Look at the completed sample claim for exchange of goods of good quality:

Please attach the following documents to your claim:

• passport,
• check,
• contract of sale,
• expert opinion, if available.

The claim must be reviewed within ten days. If there is no response from the seller within the specified time period or if you receive a negative response, file a claim in court.

ATTENTION! Look at the completed sample claim for the return of a sofa of inadequate quality:

Refund by chargeback.

What to do if you are refused a refund for goods of proper or inadequate quality, read here.

Is jewelry subject to exchange and return, read the link: https://novocom.org/zashhita-prav-potrebitelej/obmen-i-vozvrat-yuvelirnyx-izdelij-po-zakonu.html

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:

Returning an unsuitable model

How to return a sofa that didn't suit you? In this case, everything may turn out to be even simpler. An unsuitable option can simply be replaced with another one that is more advantageous in size and appearance. Often sellers demand to pay the difference in the product, citing the fact that the replacement model should not be lower than the cost of the previously chosen sofa.

You should not resort to these tricks; remember that by law you can return your product within fourteen days and the company is simply obliged to make concessions.

Therefore, a replacement agreement can be an excellent compromise for both parties. You can decide for yourself how to manage your money; even when buying ordinary furniture, you will have a chance to refuse the purchase.

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.

Returning a defective model

It is quite possible to return money for a sofa or exchange it for another model, because we all live in a modern society and any manufacturer is ready to make concessions for its customers. There is nothing criminal about this, since the client has the right to terminate the purchase within the first fourteen days, even if he simply did not like it. But not only this can cause a return; the sofa may turn out to be defective, of poor quality, or simply not correspond to the original idea.

If your sofa breaks on the second day of using it, then there are no other options - you were sold a fake, which is also very poorly assembled. But it is worth considering that the cause of the breakdown should not be your fault.

It is quite difficult to prove this, therefore, at the moment when the parts of the sofa are being assembled, you should photograph each part in order to have real evidence that you are right in the future.

Be sure to take photographs of the marriage
. Do not worry if your sofa is under warranty. This will provide you with a refund or replacement for the entire model. In any case, the buyer will be able to prove that he is not involved in the breakdown, if this is in fact the case. Sometimes special examinations are carried out in order to identify the reason for the breakdown or malfunction in the mechanisms.

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.

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:

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.

Returning a sofa with defects

If during the use of the purchased product (from 12 months to three years - this period is set by the manufacturer) significant manufacturing defects were identified in the sofa (for example, faulty mechanisms), the buyer has the right to return such a sofa or exchange it for a similar product.

To return a product that has been found to be defective, please contact the store where it was purchased.

If the seller does not satisfy your requirements, does not provide an exchange or refund, make two copies of the claim.

One of them is given to the seller, and the second remains with you (it must have the seller’s receipt stamp on it).

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:

Claim for poor quality furniture

Given that there is no evidence of the transaction, a trial will not help here.

Therefore, many angry customers begin to remember the methods of the dashing 90s, track down their offenders and burst into workshops with the intention of “shaking out” their money using threats. It is undesirable to stoop to this level, as you may be charged with extortion.

To avoid such a turn of events, experienced people act according to this scenario - they give a minimum deposit, and pay the full amount only after they receive their order.

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:

Return of custom-made furniture

If the buyer ordered a kitchen set or a soft corner according to his own dimensions, he can file a claim in the name of the manufacturer in several cases:

• they brought a sofa with different upholstery or a kitchen set, a table of a different color;
• upon acceptance, a shortage was detected (more items were specified in the order);
• after opening the package, a defect was discovered (the upholstery was damaged, there were scratches on the body, the mirror on the closet door was broken);
• the dimensions of the received product differ from the dimensions specified in the order;
• the defect appeared during the warranty period;
• The seller is delaying production and delivery times.

In such situations, the buyer has the right to demand:

• correct deficiencies;
• exchange the product for a quality product that meets the specified characteristics in the order;
• compensate for the costs of repairs and elimination of defects by another organization;
• reduce the cost of the order.

You can file a claim at any time while the warranty is valid, or within 2 years if the manufacturer did not specify a warranty period in the contract.

If the company refuses to fulfill the client’s requirements, you can refuse to fulfill the terms of the contract, withdraw the money, or file a complaint with Rospotrebnadzor.

Download a sample claim for low-quality 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:

Claim for defective furniture product

Claim for defective furniture product. The applicant purchased furniture, namely beds and nightstands. As a result, a purchase and sale agreement was concluded between the applicant and the organization.

Based on the contract for the purchase and sale of furniture, the seller undertakes to transfer into the ownership of the buyer a product similar to the selected sample, and the buyer undertakes to accept and pay for the above-mentioned furniture and delivery services. The applicant fulfilled his obligations under the contract in full. However, upon delivery of the bed, it turned out that the delivered product was not of adequate quality.

In this regard, the applicant has repeatedly appealed to the defendant with a demand to fulfill its obligations to eliminate the deficiencies, but the seller has not taken any action to date.

The applicant demands that the purchase and sale agreement be terminated and the funds returned to him.

1. Terminate the purchase and sale agreement No. _____ dated _________. 2.

Return to me the funds in the amount of _________ rubles contributed as payment towards the cost of goods under Agreement No. _____ dated _____________.

3. Reimburse me for the costs associated with paying for legal services in the amount of ___________ rubles, and in total -__________ rubles.

In case of refusal or improper satisfaction of my demands, as well as lack of response to the claim, I will be forced to go to court with a claim for compensation for the harm caused to me, which will entail additional costs for you.

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.

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.

How to write a complaint to a furniture store

After the buyer has decided on the choice of requirement, he needs to properly file the claim. The claim is written in two copies or one copy with a copy. The buyer transfers one claim to the seller, and asks for a mark of acceptance on the second. This mark is extremely important for further interaction with the seller, because Without it, it is impossible to determine the date of application and the beginning of the period for consideration of the claim.

The claim must be written in free form, using the following diagram:

• Information about the seller and buyer: name, full name, address, telephone;
• Information about the date and place of purchase of furniture, documents and other evidence confirming the purchase of furniture;
• Description of identified defects;
• Requirement, an indication of where to send the response;
• Date of filing the claim, full name, signature of the person applying.

If the seller does not accept claims and ignores requests, it is recommended to send the claim by mail with confirmation of delivery to the seller.

The notice is subsequently provided to the court to confirm the appeal to the seller and justify the start of the countdown for consideration of the buyer's claim.

ATTENTION!

Due to recent changes in legislation, the information in this article may be out of date!

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:

We draw up a claim for inadequate quality of furniture according to the sample

When choosing furniture, people first of all pay attention to its design and quality. Today, sellers offer a wide range of goods to suit every taste and budget. Many products comply with state standards, but there are cases when a citizen buys a product of inadequate quality. A logical question arises: what to do in such a situation in order to achieve a fair resolution of the conflict?

The specialist will explain the rights and obligations of Russians, the rules and procedure for filing a claim, and will tell you where to submit a sample. There are many paid law firms in the country, but residents of the Russian Federation prefer online legal consultations.

Remote recommendations guarantee savings of time, effort and money for citizens and allow for an individual approach to solving each problem and conflict.

You can contact a lawyer through an electronic application or by telephone. Expert services are available to residents of all regions of the country at any time.

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.

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.