Returning furniture to a store under consumer protection law

What can be exchanged or returned

According to Government Decree No. 55, furniture is classified as durable items and is included in the list of “non-returnable” products that cannot be exchanged or returned to the seller.

However, there are 2 conditions: the products are of proper quality and sold as a set or set. Other cases are exceptions to the rules.

You can donate quality products to a store if:

• I don’t like the color, the size of the table and chairs, which were sold individually, did not fit.
• In the cash register receipt, all the wall and floor cabinets of the kitchen set were printed in separate lines; in the sales area there was a price tag on each item.

You can refuse to fulfill the contract and take the money for a set of upholstered furniture of inadequate quality.

The store cannot refuse the buyer’s request to exchange or return the money spent if the sale rules were violated and the client was not provided with the following information:

• about the country, manufacturing company, legal, actual address of production;
• about the materials used;
• about consumer properties: size, weight, purpose;
• about the assembly method, use, care, safety rules;
• about the guarantee;
• certificate or declaration of conformity with established standards and requirements;
• about methods of delivery, receipt, payment;
• about the price for each product or the cost of the set.

If the seller forgot to provide this information or it is not indicated on the price tag, you can refuse the purchase on a general basis.

Penalty for late delivery

The contract concluded when purchasing furniture includes a clause with the timing of delivery of the goods to the client. For various reasons, it happens that the seller does not meet the agreed time limits. In such a case, the consumer, at his own discretion, may agree to extend this period, but may also demand to pay a penalty or even terminate the sales contract and return the furniture to the store.

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Anna Fedorova

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Typically, the amount of the penalty, calculated as a percentage of the cost of the goods, is specified in the contract. If such a clause is missing, then the provision prescribed in the legislation comes into force: the penalty is 3% of the order cost for each day of delay. However, the maximum amount of the penalty cannot exceed the price of the goods.

When the law is on the seller's side

The store can refuse the buyer in four cases:

• the furniture was sold as a set and was delivered of proper quality;
• the client applied for an exchange of goods purchased separately after the end of the period provided by law;
• the marketable condition has been lost;
• cabinet furniture, supplied disassembled, was assembled and installed.

In other cases, the organization does not have the right to refuse to exchange or pay money to the client.

Furniture return policy

The rules and deadlines are established by the Law on the Protection of Consumer Rights and Government Resolution No. 55.

Within 14 days, without explanation, you can exchange a sofa, chest of drawers, chairs, table that were sold separately.

The seller is obliged to accept the goods and offer a replacement if:

• no traces of use (stains on the upholstery, scratches and chips on the tabletop, facades, legs);
• factory labels and stickers have not been torn off;
• the buyer provided the original packaging (if possible);
• there is a sales receipt, a sales receipt, a sales contract, or another way to confirm a purchase in a specific store.

If there is no similar model available for exchange, the buyer may demand payment of the money spent.

You can return low-quality furniture within two weeks or before the end of the warranty period.

If the seller, manufacturer or importer has not specified a warranty period, the buyer can file a claim within two years from the date of registration of the sale or receipt of the goods.

How to return furniture to the store

The possibility of returning furniture and receiving funds is regulated by Articles 25 of Law No. 2300-1.
The rules provide for the buyer's right to terminate the contract drawn up at the time of purchase. But not all furniture items can be returned. In accordance with Decree of the Government of the Russian Federation No. 55 of January 19, 1998, it is impossible to transfer back to the store:

• furniture set;
• furniture set.

This applies to cases when a citizen needs to return products of proper quality. The seller has every right to refuse to accept the furniture. Before applying, you must carefully study the purchase and sale agreement.

Reference! This Decree does not apply to furniture items that are sold separately. For example, a citizen has the right to return a wardrobe, sofa, or chair.

Proper quality within 14 days

Furniture of proper quality can be transferred back to the store within 14 days. The countdown begins from the moment of purchase. Refunds will be issued if the product does not meet the design or specifications.

To carry out the procedure, you need to check that several conditions are met:

1. The product must not be used for other purposes.
2. Preservation of labels and seals.
3. The buyer must have a sales receipt.
4. Furniture can be exchanged or money received only within 2 weeks after purchase.
5. The product is not included in the furniture set.

Sellers offer to replace the product. If the buyer does not agree, he can receive his money within 3 days.

Poor quality

If furniture was purchased of inadequate quality, the buyer has the right to a return. He can submit a claim during the period while the product is under warranty.

Among the customer requirements are:

• replacing furniture with similar ones;
• reduction in product cost;
• free furniture repair or reimbursement of expenses for self-repair.

There is also an option to return furniture to the store. The seller is obliged to return the money.

If a citizen applies for the return of low-quality furniture within 2 weeks after purchase, the procedure is carried out according to a simplified procedure. If this deadline is missed, the product will be subject to examination, repair and correction of defects. If it is impossible to eliminate the defects within 45 days, the seller is obliged to return the money paid or exchange the product for a new one.

You can submit a claim during the warranty period. If it is not specified in the contract, it is installed automatically for 2 years.

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.

Return Features

The return of furniture by law is carried out in accordance with several rules:

1. Within 2 weeks, only furniture that has retained its appearance can be returned. Even if the product does not fit in size/shape, but some of its characteristics have been changed, a refund will not be issued.
2. If there is a manufacturing defect, a citizen can return the full cost of the product or exchange the product.
3. A receipt confirming the purchase must be available upon application. If it is missing, sellers raise the cash register within 30 days. You can also invite a witness to the purchase.

Individual

Custom-made furniture can be returned.

A claim is made in several cases:

• upholstery of upholstered furniture and color do not correspond to the documented agreements;
• an incomplete set was delivered to the client;
• after the package was opened, a defect was discovered;
• the dimensions of the product do not correspond to those specified in the contract;
• the defect was discovered during the warranty period;
• Order fulfillment and delivery deadlines were missed.

The buyer may demand that defects be corrected or that the product be exchanged. It is allowed to reduce the cost of the order, receive compensation for repair costs, and eliminate defects on your own.

If the company refuses to consider the claim or makes a negative decision, the client has the right to terminate the contract and return the money. Otherwise, an appeal is submitted to Rospotrebnadzor or the court.

Attention! If the furniture is made to order, it is impossible to return it without defects. These criteria must be specified in the contract.

Collected

According to the provisions of Article 18 of the Labor Code, assembled furniture cannot be replaced or returned to the store. But exceptions are provided.

You can return furniture without packaging after assembly if:

• identifying manufacturing defects discovered during assembly and installation;
• impossibility of inserting one of the elements of the complex into the overall structure.

A claim is sent to the seller. After its consideration, either the money will be returned, or the unsuitable parts and components will be replaced.

From the online store

Purchases in online stores are regulated by the Distance Selling Rules, which were approved by the Government of the Russian Federation. In accordance with them, a citizen has the right to refuse to purchase furniture before delivery, and also to return it within a week after receipt. You don't even need to explain the reason.

The company is obliged to include a memo in the order, which specifies the procedure for returning and filing a claim. In its absence, the application period may be increased to three months.

Large online stores can set their own rules. For example, you can return a cabinet and storage system to Ikea without packaging and a receipt confirming the purchase within a year. The goods are accepted from the buyer in the store. It is important that the furniture is not in use during this period.

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

Remember

1. The buyer can return furniture of either good quality or with defects.
2. To exchange goods, the quality of which the consumer has no complaints about, it is necessary to comply with the requirements for presentation, the presence of tags and seals and provide documents confirming payment for the purchase.
3. High-quality products that are furniture sets are not subject to exchange, since they are included in the relevant List.
4. If defects are discovered, a citizen can demand a replacement of the product, elimination of defects, a reduction in price, or a refund.
5. You can exchange high-quality furniture within 14 days, and low-quality goods during the warranty period or within 2 years from the date of purchase, when the warranty period is not established.
6. Returns of furniture purchased remotely under the Law “On the Protection of Consumer Rights” are possible within 7 days. If the buyer at the time of receipt of the goods was not familiar with the conditions and terms of return, then the period for this increases to 3 months.
7. You cannot return furniture that was made to order, and the buyer has no complaints about its quality.
8. To return a product, you must file a claim and send it to the seller/manufacturer.
9. If there is no response to the claim or the satisfaction of the requirements is refused, the buyer can go to court.

Do you decide to return low-quality furniture to the seller? Or will you try to eliminate the identified defect yourself and demand reimbursement of expenses?

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.

Refund

Refunds are possible in several ways:

1. In cash, if payment for the purchase was made in the same way.
2. To a bank card, if payment was made in cash or through a card.
3. To a bank account if the purchase was paid through financial institutions.

For a quality product

For furniture that the buyer returns due to the fact that it did not fit or was not liked, a refund occurs:

• Within three days if the purchase was made in cash;
• Within 10 days if by bank card;
• Up to 30 days when transferred to a bank account.

For shortage or other color

If the furniture is delivered to the client in the wrong color or set, he has the right to demand replacement or additional delivery of missing products and parts.

If the seller refuses to comply with these conditions, you can demand termination of the purchase and sale agreement.

Refunds are made within 3 days when paying in cash, ten days when paying by card, up to a month when transferring to a bank account.

For defective goods

Refund of the purchase amount when returning a defective product occurs within 10 days . The period increases to 30 days if a quality control procedure is carried out.

If a sofa or kitchen set was purchased on credit

The most difficult thing to sell or replace is furniture purchased on credit. When concluding a loan agreement until the purchase price is returned to the bank, the buyer uses the goods, but it belongs to the banking institution.

Typically, the contract contains a condition prohibiting the sale or exchange of a product without agreement with the creditor. In such a case, the issue will have to be resolved with both the seller and the bank.

Regardless of the moment the defect is discovered (within 14 days, during the warranty period), it is necessary to file a claim in the usual manner in two copies and submit it to the store.

From the second copy with the signature and seal of the organization, you need to make a copy and transfer it to the bank. After fulfilling the requirements or receiving a refusal, similarly notify the creditor by sending copies of documents.

If you notify the bank in a timely manner about the discovery of a defect, exchange, or price reduction, you can agree to recalculate the cost of the loan, reduce the monthly payment, increase the repayment period, and suspend the accrual of interest while the defect is eliminated or the product is repaired.

Regulations

Reversion is a procedure for returning goods to the previous owner. The process is enshrined in the current legislation of Russia, which is fundamental. In this case, the rules established at the enterprise are unimportant.

One of the decisive legal acts of the country is the standard “On the Protection of Consumer Rights” (CPPR), as amended in 2021. The law regulates the relationship between clients and network employees. The provisions of Federal Law 2300-1 allow you to return products to the store if the customer does not like it. The seller is obliged to replace the item with another item or return the money.

The buyer can transfer the goods to the organization within fourteen days, excluding the day of sale. The condition is met even if the furniture is in proper condition, without flaws. If a fault is detected at home, the reversion period increases, which is determined by the delivery at a later date.

However, clients need to pay attention to Russian Government Decree No. 55, dated January 19, 1998, as amended this year. The document does not provide for the replacement or delivery of the listed items if they do not suit the citizen in terms of color, dimensions or configuration.

Headsets and sets can only be returned due to the discovery of a defect or significant flaw. The remaining items are returned to the organization within fourteen days for exchange or monetary compensation.

A similar procedure is enshrined in Art. number 25 PDO. The regulation contains rules on the reversion or replacement of non-food products based on the subjective opinion of the buyer.

Watch the video: “Poor quality furniture, what to do.” The transfer of the company's products is subject to the following conditions:

• has a marketable appearance;
• All manufacturer's tags are present.

Federal law provides the opportunity to rent out or replace household furnishings within a two-week period, subject to certain circumstances:

• no breakage, scratches or other damage;
• fact of tags and labels;
• availability of a fiscal or sales receipt, but if lost, other documents may be attached;
• products do not apply to non-returnable products - cabinet furniture.

Reversing the household situation involves delivery to the store and filing a claim with the seller to return the goods for specific reasons. The latter must offer to fill out the application according to the established form or issue a ready-made form.

PDA

Based on a legal act, any citizen can return furniture under the law on consumer protection. It is allowed to hand over products if they did not fit for subjective reasons within a period of 14 days.

However, inappropriate categories may include the following:

• colors;
• inherent dimensions;
• large or small size;
• manufactured style;
• set.

The listed factors have all the qualities that may not suit the client, which is reflected in the decision to return. In addition, the buyer has the right to request that the model he or she does not like be replaced with another item.

The consumer is also free to make change for the following reasons:

• the purchased item turned out to be of inadequate quality;
• There is a warranty period during which defects can be corrected at the expense of the company or exchanged.

If the store management refuses to make a replacement or reversion, the buyer has the right to file a complaint. The document should reflect the seller’s violations of the consumer protection act.

Relating to cabinet furnishings - headsets, sets that the client did not like in his subjective opinion are not returned. The rule is enshrined in the State Civil Code, Article 502, as amended in 2021.

Other legislation

Civil Code, Art. 502 guarantees the buyer the exchange of non-food items within fourteen days. If the store specifies an additional period, the period increases. Replacement is carried out with a similar article when the furniture does not suit the citizen in color, size, style or set.

When there is no similar model with the product being delivered, the client has the right to receive the amount previously paid. However, the returned item must not show signs of use, have tags or stickers. A fiscal or sales receipt must be attached as proof of purchase.

Before handing over items, you should check whether the item belongs to the list of non-returnable goods or not. This list was approved by Decree of the Russian Government No. 55 with current changes and additions for 2021.

If the seller refuses to transfer, exchange the goods or return the money

If you cannot resolve the issue peacefully, you can file a complaint with Rospotrebnadzor or sue the unscrupulous seller.

To file a complaint or legal claim, you will need documents confirming payment (checks, receipts, acts of acceptance and transfer of money, cash receipt orders, bank statements), a work order form for production, an application to the online store, a purchase and sale agreement, a copy of the claim and written refusal of the organization.

The package of documents can be sent by mail or presented in person to the nearest branch of Rospotrebnadzor or the court district. The third copy of the complaint or statement of claim is sent to the legal address of the company.

After inspection or consideration of the claim, the company will have to pay a fine or compensate for the cost of state duty, pay the cost of low-quality products, penalties and moral damages.

Download a sample complaint to Rospotrebnadzor against a store

If you bought a computer chair or bed on Avito

In such situations, even a complaint to Rospotrebnadzor or the court will not help. The rules of distance selling, the Law on the Protection of Consumer Rights and Government Decree No. 55 do not apply to transactions where both parties are individuals or organizations.

More…

1. Consumer Protection Law: Return of Goods of Good Quality
2. Consumer Protection Law: return goods within 14 days
3. Consumer Protection Law: Return of goods of inadequate quality
4. Returning medicine to a pharmacy according to Russian law

Is it subject to exchange or return?

According to Russian legislation, the buyer is given the right to return low-quality or other furniture that has significant deficiencies not only during the warranty repair period, but also after its completion.

In addition, according to the same law, the buyer can return furniture of proper quality, but such returns have significant restrictions .

Which one I didn't like

You should know that the buyer has every right to exchange furniture if it does not suit him for one reason or another, and the buyer is not obliged to explain and justify the reasons for the return or exchange.

According to Decree of the Government of the Russian Federation No. 55, the exception is furniture sets or kits that belong to the category of complex technical products.

By law, the seller is not obliged to exchange such headsets or return the money paid by the buyer for them. Thus, in the case of purchasing a separate piece of furniture, for example, a table or sofa, the buyer can return them to the store .

Is it possible to return gold jewelry to the store? Find out the answer right now.

Within 14 days

The main condition for returning a piece of furniture of proper quality is the period of its purchase .

The consumer has the right to return quality furniture within a period not exceeding 14 days from the date of purchase.

If you apply after the deadline , the seller has the right to refuse the buyer an exchange or refund.

If it doesn't fit in size

The return of upholstered furniture that does not suit the buyer with its size is also regulated by the law “On the Protection of Consumer Rights”, which states that the buyer can return or exchange furniture in a situation where it does not suit the consumer in size, style, consumer qualities and other reasons .

Consequently, the buyer can return unsuitable furniture if the return terms and conditions are met.

Made to order

Unlike factory-made and other furniture sold in stores (for example, in “Lots of Furniture”), the design of furniture made to order is agreed in advance with the buyer , the guarantee of which is an agreement concluded between the customer and the manufacturer.

In this situation, the manufacturer provides services for the production of furniture, due to which Articles 28 and 29 apply. "Law on the Protection of Consumer Rights". According to them, the buyer is given the opportunity to return furniture in situations where:

• the deadlines for eliminating detected minor defects have been exceeded;
• a significant flaw has been discovered.

According to the law, a significant defect is considered to be an irremovable or re-appearing defect, or a defect, the elimination of which requires large time or financial costs .

Thus, it will not be possible to return custom-made furniture to the manufacturer that does not fit for any reason.

To return or exchange furniture of inadequate quality, you will need to use an examination to prove the presence of a defect or a violation of consumer rights specified in the contract for the provision of services.