Sample claim for replacement of goods of inadequate quality

What can and cannot be returned

Almost any goods purchased at any retail outlets (including online stores) in proper quality are acceptable for return, with the exception of:

• food;
• medicines;
• personal hygiene items;
• other products mentioned in Decree of the Government of the Russian Federation No. 55 of January 19, 1998;
• products with complex technical parameters (with the exception of faulty ones), indicated in the Decree of the Government of the Russian Federation No. 924 of November 10, 2011.

Both documents are freely available, so if you have any doubts, you can easily consult them on the Internet.

It should be noted that, first of all, the law does not deal with the return of goods, but with the possibility of exchanging them.

Returns are provided in cases where a product similar to the purchased product is not available for sale or for some reason is not suitable for the client. However, the practice that has developed in trading companies is such that in most such situations they meet consumers halfway and, if they do not want to exchange the purchase, but ask for a refund, they do it without any problems.

If the furniture is delayed...

Let’s imagine this situation: the customer’s long-awaited furniture was not delivered on time. Happens all the time. Can the consumer demand any compensation in this case? Of course it can. But here everything depends on the type of contract that was concluded with the seller or contractor.

For late provision of furniture under a purchase and sale agreement, liability is established in the amount of 0.5% per day of the prepayment amount (Article 23.1 of the Law of the Russian Federation “On the Protection of Consumer Rights”). If payment was made 100 percent, then from the full amount. Calendar days are used for calculations. However, keep in mind: the amount of the penalty cannot exceed the amount of advance payment for the goods.

If the seller, who received an advance payment under the sales contract, does not deliver the furniture to the customer on time, the consumer, at his choice, has the right to demand:

• transfer of the paid goods within the new period established by him;
• or refund of the prepayment amount 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 by violation of the delivery time for prepaid goods.

For late execution of a work contract, a higher liability is provided - 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”). Calendar days are used for calculations.

If the contractor has violated the deadlines for completing the work under the contract, the consumer, at his own discretion, has the right to:

• assign a new term to the executor;
• entrust the performance of work (provision of services) to third parties for a reasonable price;
• or perform it on your own and demand compensation from the contractor for expenses incurred;
• demand a reduction in the price for performing work (providing a service);
• refuse to fulfill the contract for the performance of work (provision of services).

What gives you the right to return

Permission to return goods to ordinary citizens is provided by the Law “On the Protection of Consumer Rights” (Article 25) and the Civil Code of the Russian Federation (Article 502).

These regulations clearly state in what cases, what inventory items and in what order the buyer can return them to the seller. The possibility of exchanging a purchased product for the same one is also spelled out here if, for example, the item does not suit the style, shade, size, etc.

Attention! The money is returned from the same cash register where the purchase was made.

Returning a sofa of inadequate quality: an algorithm for the consumer

When talking about returning a defective sofa, the 14-day rule is not taken into account. It can be issued throughout the entire warranty period. If this is not specified - within two years from the date of purchase. In this case, warranty repairs can be made no later than 45 days after the conclusion of the contract.

A product of poor quality or defective is considered to be one that has deviations from the normal one. A sofa is defective if:

• there are deviations in appearance from normal, or the equipment is not complete;
• there are shortcomings due to which the sofa is not able to satisfy the expected needs of the buyer;
• there are shortcomings that prevent the product from fulfilling its direct functional purpose;
• characteristics differ from those stated in the accompanying documentation;
• the parameters do not correspond to GOST or TU, according to which the goods were produced.

Similar articles Can furniture of good quality be returned: step-by-step instructions, sample and claim form

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Requirements for goods accepted back

In order for the goods to be accepted back by the seller, the buyer must retain its unchanged appearance (external appearance), consumer properties, labels and stripes, seals, etc. by the day of return. In addition, it is advisable if he has payment documents in his hands confirming the fact of making a purchase from this particular seller or at this particular outlet (cash register or sales receipt).

At the same time, the absence of receipts, in accordance with the legislation of the Russian Federation, is not a basis for refusal to accept the returned goods.

The purchase and sale transaction can be confirmed by the words of the witnesses present at it (however, such a situation may require solving the problem of returning the goods in court).

But the boxes, crates and bags in which the purchase was enclosed do not have to be stored at all - the absence of packaging does not give permission to refuse to accept the goods for exchange or return.

When returning a purchased product, the buyer must have a passport with him - it is necessary for drawing up an application and identification as a citizen.

You should be prepared for the fact that money paid in cash can be returned either in cash or to a bank card (some sellers even ask what is the most convenient way to return funds). Payment made by bank transfer must be returned in exactly the same way.

How to correctly prepare documents when buying furniture?

Among the required documents when concluding an agreement for the purchase (manufacturing) of furniture sets must be:

• contract for the purchase and sale of furniture or a contract for the manufacture of furniture;
• measurement sheet;
• design project;
• specification with a complete list of elements, their cost and article number;
• cash receipts for payment for goods;
• contract for assembly and installation of furniture;
• copies of safety certificates for furniture (hygienic certificates), certified by the seller’s seal;
• passport for furniture;
• instructions for use and assembly of furniture.

When ordering furniture sets, a surveyor must visit the consumer’s home. He must draw up a Measurement Sheet and familiarize the buyer with it. He, in turn, is obliged to sign this document. It is advisable to carry out measurements in the presence of the customer, since additional questions may arise along the way. Based on the Measurement Sheet, a Design Project is drawn up (for example, a kitchen design project). It is signed by a representative of the seller (manufacturer) and the customer. Assembly and installation of furniture may be included in the cost of the contract, or may be arranged and paid for separately. If the project provides for built-in household appliances, warranty cards and operating instructions must be attached to them. Remember that only specialized organizations have the right to connect electric or gas stoves when purchasing kitchen furniture. Whereas plumbing fixtures can also be installed by specialists from the furniture seller (manufacturer).

Features of drawing up an application

If you are unlucky and the product purchased in the store does not fit for some reason, we recommend that you create a form based on our sample.

To begin with, let us remind you that each person has the opportunity to write an application for the return of goods in any form, or, if the seller offers him his own document template to fill out, according to its form.

The main thing is to ensure that the form (top - right or left) contains some mandatory data:

• name of the store and name of the legal entity;
• the actual address of its location;
• position and full name of the manager (not required, but desirable);
• in the same way, enter information about the buyer (i.e., your personal information) into the form: last name, first name, patronymic (in full), series, passport number, date and place of issue, residential address, contact details: phone number and email mail.

Next in the middle of the line is the main part. It must indicate:

• date of purchase;
• product name, brand, mark, manufacturer and its other identifying characteristics;
• the cost at which it was purchased (enter all amounts in the document in numbers and in words);
• the reason why you want to return the product to the store;
• state that the item has not been used, is in salable condition, its consumer properties are not impaired, all tags, labels, seals, stripes are in place;
• certify that there is no similar product suitable for exchange in the store and write a request for a refund for the purchase;
• If you want the money to be returned to your bank card, you must indicate its details in the application.

In the application, you must provide a link to the federal law in accordance with which you are acting (Article 25 of the Law on Protection of Consumer Rights) and attach a cash receipt or sales receipt that serves as evidence of a previously completed purchase and sale transaction.

How to write a complaint to a supplier for undelivered goods

There are no special requirements for the content of a claim in the law. In practice, the letter usually consists of an introductory and descriptive part, requirements for the supplier, a list of attachments and the signature of an authorized person.

The introductory part of the claim should indicate:

• addressee - that is, the person indicated in the contract as the supplier. It is necessary to list the name of the supplier, including its legal form, OGRN, INN, address given in the Unified State Register of Legal Entities, and contact telephone number. You can also register the postal address (if it is in the contract) or the email address of the addressee (if such a possibility is expressly provided for in the contract) (paragraphs 4, 5 of the “Review of the practice of application by arbitration courts of the provisions of procedural legislation on mandatory pre-trial dispute resolution”, approved by the Presidium Supreme Court of the Russian Federation 07/22/2020);
• your data (organizational and legal form, name, OGRN, INN, KPP, location address, contact phone number, email address);
• date and reference number of the claim.

In the descriptive part you must write:

• details of the supply agreement (date of conclusion, number);
• what is the violation of obligations by the supplier, indicating the clause of the contract and the rule of law. In our case – non-delivery of goods within the period established in the contract;
• evidence of violation (describe that an advance payment was made, but the goods were not delivered);
• as requirements to the supplier, it is necessary to inform: “We ask you to return the amount of the advance payment,” and also indicate the exact amount of money and the period within which the supplier must satisfy such requirements. In addition to the prepayment amount, you can demand payment of interest under Art. 395 of the Civil Code of the Russian Federation or penalties under clause 3 of Art. 23.1 of Law No. 2300-1.

We recommend that you attach copies of the following to your claim:

• supply agreements;
• documents that confirm the violation and justify your demands (papers confirming prepayment, calculations of penalties under clause 3 of Article 23.1 of Law No. 2300-1 or interest under Article 395 of the Civil Code of the Russian Federation).

The document should be sent to:

• specified in the contract as the exclusive address for sending legally significant messages (Article 165.1 of the Civil Code of the Russian Federation, paragraph 64 of the Resolution of the Plenum of the Supreme Court of the Russian Federation “On the application by courts of certain provisions of Section I of Part One of the Civil Code of the Russian Federation” dated June 23, 2015 No. 25);
• specified in the Unified State Register of Legal Entities, if the supplier is a legal entity. If the claim is delivered to this address, it is considered received, even if it is not located there (Clause 3, Article 54 of the Civil Code of the Russian Federation). If the counterparty is an individual entrepreneur, the document must be sent to the address reflected in the Unified State Register of Entrepreneurs. At the same time, sending a claim to another address specified in the contract will also indicate compliance with the claim procedure (clause 4 of the “Review of the practice of application by arbitration courts of the provisions of procedural legislation on the mandatory pre-trial procedure for resolving a dispute”, approved by the Presidium of the Supreme Court of the Russian Federation on July 22, 2020);
• to the counterparty’s email address, if the terms of the contract clearly and unambiguously allow the use of this method of sending a claim (clause 5 of the Review of Practice, approved by the Presidium of the RF Armed Forces on July 22, 2020).

You can send a claim in a way that is established by the contract as the exclusive method for sending legally significant messages. If this method is not specified, we recommend sending the documents:

• by mail by letter with the declared value and an inventory of the contents. Moreover, as a general rule, sending a pre-trial claim exclusively in this way is not necessary (clause 9 of the “Review of Practice”, approved by the Presidium of the RF Armed Forces on July 22, 2020), however, in practice, this will help to avoid disputes related to the content of the letter sent to the counterparty;
• by courier - under the signature of a person authorized by the counterparty to receive the person’s correspondence, for example, on a copy of a claim or in the register of shipments;
• by email - if such a possibility is clearly and unambiguously provided for in the contract.

It is necessary to keep all documents that confirm the fact of sending and delivery of the claim. For example, a postal receipt and a list of attachments when sent by mail, a delivery receipt, tracking information (for example, from the Russian Post website), a fax transmission report, or a printout of an email delivery notification. They will need to be attached to the claim to confirm compliance with the pre-trial claim procedure, if it is mandatory (clause 7, part 1, article 126 of the Arbitration Procedure Code of the Russian Federation).

If the statement of claim contains information about documents confirming compliance with the pre-trial procedure for resolving the dispute, but such documents are not presented, the court will leave the claim without progress (clause 13 of the Review of Practice, approved by the Presidium of the RF Armed Forces on July 22, 2020).

In addition, such documents may be needed if the counterparty does not respond to the claim or responds to it late. With their help, it is possible to prove that he violated the pre-trial procedure for resolving a dispute, which is provided for by law or contract. In this case, the court, regardless of the results of the consideration of the case, will assign all legal costs to the violator (Part 1 of Article 111 of the Arbitration Procedure Code of the Russian Federation).

If your application is ignored

Not all sellers are distinguished by their conscientiousness towards the buyer and the law. Often, customer complaints may remain unanswered or the seller’s decision on an accepted complaint does not satisfy the consumer. What to do in this case?

The buyer has the right, upon receiving a refusal of the claim (or if it was ignored), to file a lawsuit . To do this, you need to draw up a statement of claim, attach evidence of the fact of the purchase and the quality of the purchased goods.

For the court, the consumer must, at his own expense, conduct an assessment of the condition of the furniture, which must confirm the presence of previously declared defects.

The examination can be carried out in advance and copies of its results can be provided to the seller along with the claim, also indicating in the appeal a requirement for payment of compensation for the costs of the assessment. If the store refuses to resolve the issue, all consumer expenses will be paid by the seller according to a court decision.

Let's learn about the features of filing a claim for consumer protection by reading a special article prepared by the editors of our website.

When and who cooks

A claim is a written disagreement of one party to a civil law relationship with the behavior of the other. The reason for sending such a request is any violation by the counterparty of contractual terms, for example:

• delivery of low-quality goods, poor-quality services or performance of work;
• failure to fulfill obligations in general;
• incomplete payment;
• failure to provide documents provided for in the contract;
• other reasons.

This appeal has two purposes:

• make an attempt to resolve disagreements - ideally, after receiving the letter, the second party either fulfills the requirements set out in it, or enters into a constructive dialogue, which ultimately ends in reaching a consensus;
• prepare the ground for subsequent recourse to court - the civil and arbitration process requires compliance with the pre-trial procedure for resolving the dispute in a number of cases. For example, sending an official letter before going to court is necessary for disputes related to the termination of a lease agreement or arising from cargo transportation contracts. If federal law establishes a mandatory pre-trial procedure for resolving disputes, and the parties ignored it and immediately went to court, the claim will be returned to the applicant.

In a number of cases, the requirement for pre-trial procedure is not presented, including:

• bankruptcy cases;
• cases considered in writ proceedings;
• corporate disputes.

Thus, the reason for writing a letter is any violation of the agreement by the other party to the relationship. A party who is dissatisfied with the actions of the counterparty prepares an appeal.

To make your claim more convincing and help solve the problem, study court decisions in similar cases. The database of judicial practice in ConsultantPlus will help you find them (get free access to it by clicking on the link below). The database contains decisions of all Russian courts, and the search is as simple as in Yandex. Be sure to refer in the text of the appeal to those cases that the court decided “in your” favor.

to read.

How long should I wait for an answer?

Both for government organizations and private enterprises, the law establishes certain deadlines for considering consumer appeals. If a municipal agency can consider a complaint within 30 days, then the store is obliged to respond to the buyer within 10 days .

This period does not include holidays and weekends, which means that the processing time for a claim can actually be two weeks. And if the seller ignored the client’s request, then this is a reason for applying sanctions established by law. However, for this, the buyer himself must contact certain regulatory authorities. For example, to court.

More details about the timing of consideration of a claim under the law on the protection of consumer rights are written in this material prepared by our editors.

Product breakdown: reasons for return

It is not always necessary for the consumer to immediately write a claim for the return or exchange of goods. At the initial stage of resolving a dispute with a store, it is worth contacting the seller and verbally stating that the furniture does not meet the declared quality or characteristics. Often, business managers immediately and without unnecessary difficulties resolve the conflict: they exchange or return the paid price of the goods.

A claim against a store about low-quality furniture is a way to force the seller to fulfill his obligations under the law, since the latter is obliged to provide a guarantee and proper condition of the goods.

The process for resolving the issue of exchange or return of low-quality furniture is as follows:

1. The buyer orally contacts the store and declares the quality of the product and his requirements.
2. Then, in the absence of a solution from the store, the consumer files a claim with the seller.
3. If the claim has not been considered, the buyer can go to court.

It must be remembered that there are situations in which the seller’s refusal to exchange furniture or return its cost is legal. For example, you cannot return a product that has been damaged intentionally or due to poor handling and care.

Examples

For example, here is a sample claim of an organization against an organization for failure to fulfill a contract:

Sample addendum to a claim with calculation of the amount of claims:

Another example you can use is a sample letter of complaint from a buyer to a seller of goods of inadequate quality:

Sample of how to write a claim for debt repayment:

Example of a copyright infringement claim: