A kitchen set is one of those expensive purchases that is made infrequently and is intended to last for a long time, so poor quality kitchen furniture is a serious problem that requires an equally serious approach to solving it.
Let us note that today such furniture is mass-produced to order: as a rule, the buyer selects a sample from a catalog or on a display window, and the set is made according to individual sizes and in the required configuration. Accordingly, if disagreements arise between the seller and the buyer, the problem turns out to be more complicated than when purchasing ready-made furniture.
However, you can get your money back for a kitchen of inadequate quality, and our lawyers are ready to provide you with professional assistance at all stages of the confrontation with an unscrupulous seller.
How to give up the kitchen
The most common problems include:
- poor quality of assembly of kitchen furniture (including due to incorrect measurements);
- violation of the terms of the contract regarding the manufacture, delivery and installation of the headset.
Important: according to Art. 32 of the Law “On the Protection of Consumer Rights” (Federal Law No. 2300-1 of 02/07/1992), the consumer has the right at any time to refuse to fulfill the contract for the performance of work, paying the contractor only those expenses that are actually incurred by the latter in connection with the fulfillment of obligations under this agreement.
Knowing this nuance, contractors often include significant penalties in the contract for refusal to cooperate, limiting the rights of the consumer, so legal assistance may be required already at the stage of concluding the contract.
Next, we will consider possible situations in relation to the nature of the identified deficiencies (definitions of a deficiency and a significant deficiency of a product/work are given in the preamble to the Law on the Protection of Consumer Rights),
If remediable deficiencies are discovered
Claims related to poor quality of the kitchen or its assembly can be made both upon acceptance of the work and later - during the warranty period, and in its absence - within two years (the period recognized by law as reasonable for making a claim).
If the identified defects are removable, the buyer has the right to contact the seller with a complaint about the quality of the kitchen and demand that the defects be eliminated, independently setting a deadline or agreeing with the contractor. In most cases, a well-drafted claim discourages the seller from arguing with a “savvy” buyer, and the elimination of defects occurs promptly and constructively.
If significant defects are identified
A deficiency is considered significant if it cannot be eliminated without disproportionate material and time costs, or if it constantly appears after elimination. The buyer has the right to make claims for such defects within the same time frame (that is, up to two years from the date of acceptance of the work), provided that the cause of the defect is proven before acceptance of the work.
If the requirement to eliminate defects of this nature is not satisfied within 20 days, the buyer has the right to:
- corresponding reduction in price (refund of part of the funds);
- reimbursement of expenses associated with eliminating identified deficiencies independently or with the involvement of third parties;
- refusal to perform the contract, as a result - full compensation for losses.
Return of kitchen if there are significant defects
If the buyer discovers that the purchased installed kitchen has significant deficiencies, he has the right to demand from the seller:
- replace the product with a similar one within a certain period of time;
- replace the product with a similar one and recalculate the purchase price;
- reduce the price of the kitchen in the amount of the assessment made;
- eliminate all existing deficiencies within a certain period at the expense of the manufacturer;
- reimburse the costs of repairing the damaged item, which was carried out by the buyer himself according to the estimate;
- terminate the sales contract and return the money paid for the goods.
Important! If the seller wishes to pick up the faulty product, the buyer is obliged to provide it to him. All losses incurred by the buyer in connection with the purchase of the kitchen are reimbursed by the seller. These may include transportation costs, installation costs, appraisal costs, and the like.
If the deadlines for production, delivery, or assembly of the kitchen are violated
Violation of kitchen production deadlines is a common problem, however, such behavior of the performers is very imprudent and they get away with it solely due to the customers’ ignorance of the legislation. And according to the law, the customer has every right to refuse the contract and demand a refund of the entire amount paid for the kitchen if it is not manufactured by the agreed date.
It often happens that the contractor declares “the set is ready, there is only a violation of the kitchen delivery deadlines!” For the consumer, this does not matter - the deadline for fulfilling the obligation has been violated. In accordance with the Rules of consumer services for the population in the Russian Federation, approved by Decree of the Government of the Russian Federation N 1025 of 08/15/1997. (clause 26), for violation of the terms specified in the contract, a penalty is provided - 3% of the total amount of the contract for each overdue day.
Violation of the kitchen assembly deadlines also falls under this article - however, all of the above clearly works only if the deadline is correctly specified in the contract. However, problems of this kind can also be solved! Contact the specialists of the Society for the Protection of Consumer Rights: we have extensive practical experience in such proceedings and know, among other things, how to calculate the penalty for delay in the manufacture and installation of a kitchen in the absence of deadlines in the contract.
Complaint to Rospotrebnadzor
There is no regulated form for writing an application to Rospotrebnadzor. However, when drawing up a complaint, you need to pay attention to some essential points.
An example sample is compiled as follows:
- the cap is filled. In the upper right corner you should reflect the name of the organization where the application is being submitted, the name of the manufacturer, seller, store address, buyer data (his full name, residential address, phone number, email address);
- in the center of the document after the header, you should indicate its name “Complaint” or “Complaint about the provision of low-quality goods (about the provision of low-quality services, work performed)”;
- The essence of the problem is described below, indicating information about the defects and the date of discovery. All information is reflected in chronological order, indicating exact dates;
- after stating the problem, the requirements presented to the seller are reflected, as well as their justification in accordance with the regulatory legal acts of the Russian Federation;
- the document is signed and the filing date is indicated at the time it is presented to the representative of Rospotrebnadzor;
- Documents confirming the violation of the buyer’s rights are attached to the complaint, for example, the results of the assessment, the purchase and sale agreement, assembly instructions, etc. The entire list is included in the application.
Citizens' appeals are considered within 30 days from the date of their submission. You can submit a complaint by mail, via the Internet on the state portal or in person.
ATTENTION! Look at the completed sample complaint to Rospotrebnadzor against a furniture company:
Time limits for consideration of a claim
In accordance with current legislation, the court is given two months to consider a civil case on the merits and make a decision. But an analysis of judicial practice clearly shows that this deadline is practically not observed.
If the claim concerns the collection of alimony or reinstatement at work, then a special period is set for its consideration on the merits and the adoption of a decision - only one month.
Let's look at the deadlines in more detail, based not only on the norms established by current legislation, but also on an analysis of judicial practice.
Important! The current legislation of the Russian Federation provides that a judge, within five days from the date of receipt of the statement of claim in court, must consider the claim for compliance with established norms and rules and make a decision on accepting the statement of claim for consideration on the merits or rejecting it. Practice shows that in most cases the five-day period is observed.
After the judge has made a decision to accept the statement of claim for consideration on the merits, the court sends one copy of the statement of claim and all attached materials to each of the parties to the case, with the exception of the plaintiff, who already has a copy of the claim in his hands.
The judge decides to schedule preliminary court hearings in such a way that all parties to whom copies of the statement of claim and attached materials are sent have time to receive them and prepare to defend their positions during the trial.
An analysis of judicial practice shows that from the moment a citizen filed a statement of claim until the day of preliminary court hearings, at least one month passes. In some cases, the period is two months or more.
Trial
If an appeal to the store management, the assembly company, or Rospotrebnadzor does not produce any results, the buyer has the right to go to court. Failure to comply with demands is also a cause of litigation.
Article 131 of the Civil Procedure Code of the Russian Federation regulates the filing of a claim. Therefore, before you sit down to write an application, you need to familiarize yourself with the clear legislative rules so that the application is accepted for consideration. It is in writing.
Remember! It reflects the following information:
- name of the court, address of its location;
- details of the plaintiff, his full name, registration address, residence, contact telephone number;
- information about the defendant, name of the organization, its location, full name of the director;
- a description of the essence of the problem, an indication in what period and how the rights were violated;
- legally justified demands made by the plaintiff;
- the amount of material and moral damage;
- description of legal acts that confirm the violation of rights;
- a list of documents that will serve as evidence of violation of the plaintiff’s rights;
- signature and date of drawing up the claim.
If the claim is filed by a representative, then his personal data must be reflected. It operates on the basis of a notarized power of attorney. He has the right to put his signature on the document.
ATTENTION! Look at the completed sample statement of claim against a furniture company:
Timeframe for consideration of a claim
The current legislation of the Russian Federation determines the time limits for consideration of claims on the merits; it assigns the seller different time limits, which completely depend on the requirements presented in the claim.
Remember! If the claim includes a requirement to replace the product, then 7 days are allotted for consideration. But if the seller decides to conduct an independent examination, the period increases to 20 days. If a citizen demands a refund of funds in a complaint, then 10 days are allotted for consideration and satisfaction. This period cannot be extended even if an independent examination is carried out.
If the claim contains requirements for carrying out work and eliminating identified deficiencies, and this work will take more than 7 days, the seller is obliged, at the request of the citizen, to provide the citizen with an equivalent product for free use for the entire duration of the work.
Please note that the above requirements do not apply to a number of products. The list of such goods is established by the government of the Russian Federation.
Limitation of actions
In accordance with Article 196 of the Civil Code of the Russian Federation, the limitation period is 3 years. Thus, the plaintiff has the right to file an application with the court within this time from the conclusion of the purchase and sale agreement.
However, Article 197 of the Civil Procedure Code of the Russian Federation establishes increased or decreased deadlines for certain types of claims.
The starting point is the moment when the buyer learned about the violation of his rights, that is, discovered a defect. However, it is not possible to prove this, so the starting point is the date of purchase or installation of the kitchen.
The interests of the consumer can be represented by himself or his authorized representative, who acts on the basis of a notarized power of attorney.
What you need to know about state duty
State duty is a special type of government fee levied when performing legally important actions at the initiative of the plaintiff.
In accordance with Article 88 of the Code of Civil Procedure of the Russian Federation, it refers to legal expenses and can be recovered from the defendant if the plaintiff’s demands are satisfied. Its size is determined by Art. 103 CAS RF. The Code of Civil Procedure of the Russian Federation regulates the collection and distribution of legal costs.
If the cost of the claim is less than 1,000,000 rubles, then some persons do not need to pay it.
Attention! State duty calculator.
These include:
- disabled people of groups 1 and 2, public organizations of disabled people;
- consumer protection organizations, for example, a representative of Rospotrebnadzor;
- veterans of the Great Patriotic War and home front workers.
A consumer whose rights have been violated has the right to file a claim without paying a state fee. However, if the value of the claim is more than one million rubles, then the fee will have to be paid minus a fixed amount of 13,200 rubles.
