Returning individual furniture: consumer rights, return nuances, procedure

These Rules were developed on the basis of GOST 16371, GOST 19917, the Law of the Russian Federation “On the Protection of Consumer Rights” and other regulations and serve the purpose of efficient and safe use of furniture.

When making a selection (acceptance) of goods, exercise caution regarding the size, color, texture, shape and other similar qualities of furniture, since the right to exchange goods of good quality, provided for in Art. 25 of the Law of the Russian Federation “On the Protection of Consumer Rights” of February 1992 2300-1, in accordance with the Decree of the Government of the Russian Federation of January 19, 1998 No. 55 does not apply to furniture.

Legislative framework and consumer rights

Making furniture to order is not a simple purchase, therefore, in the Law “On the Protection of Consumer Rights”, the relationship between the customer and the performer of the work is placed in a separate chapter (Chapter III. Protection of consumer rights when performing work (rendering services) and Article 503 of the Civil Code of the Russian Federation, and other legislative acts.

According to the Law on the Protection of Consumer Rights, the grounds for refusal to execute a contract for the performance of work are:

• violation by the manufacturer of the order fulfillment period (Article 28);
• discovery of deficiencies in the work performed (Article 29).

Important!

The legislation reserves the right of the consumer in both cases to additionally demand compensation for damage.

The third section of the Law establishes that high-quality products that have a modular design and require assembly cannot be returned to the store.

By law, custom-made furniture can only be returned if it is of poor quality. This means:

• presence of chips, dents, cracks, abrasions;
• peeling of the facing layer;
• discrepancy between the dimensions established by the project;
• uneven color;
• curvature of elements;
• paintwork defects;
• defects in fabric, leather, or other material;
• asymmetry;
• problems with mechanism locks.

The rights and obligations of sellers and buyers are also regulated by law.

Consumer rights

When contacting the manufacturer, the consumer may require:

1. Eliminate defects, replace furniture. The seller is obliged to fulfill this requirement within 7 days from the receipt of the complaint. If the specified period is not enough and an examination is needed, everything can take up to 20 days. In the case of upholstered furniture based on the client’s design, an extended period for production and replacement is given - 1 month. All this is done for free.
2. Reduce the price of work performed. For example, if at the conclusion of the contract the buyer paid 50% of the cost, and must pay the same amount after receiving the goods. If defects are discovered, he can demand a price reduction and then use the money to fix the problem.
3. Request that the work be done again by returning the defective product to the seller.
4. Terminate the contract if the store does not eliminate minor deficiencies within the established time frame.
5. Refuse to fulfill the contract and demand a full refund if significant defects are found that make it impossible to use the furniture.

Based on Art. 32 Law on the Protection of Consumer Rights, the buyer can refuse to fulfill the contract at any time, regardless of the quality of the furniture. In this case, he will have to fully reimburse all expenses incurred by the seller: payment for materials, transportation, etc.

LEGAL CONSULTATION

Did not find an answer to your question? Call the hotline ext. 761. It's FREE!

Acceptance of furniture

Upon receipt of the goods (both in the warehouse and upon delivery), it is recommended to check the furniture for its completeness and external quality features. You should open the packaging, inspect the front panels, mirrors, glass elements, check the presence and completeness of the fittings, and make sure there are no visible defects (rough scratches, chips and obvious dents).

It must be remembered that accepting furniture without indicating obvious defects that could have been discovered during the usual method of acceptance (inspection) deprives the buyer of the right to subsequently refer to them and make claims on them.

In this case, the following are not considered a defect or defect in the furniture:

• the presence of certain features in its elements, due to the stylistic intent of the manufacturer in the selection of source materials or related to the natural origin of the materials used, with their insignificant differences in textures and/or shades;
• slight difference in color shades of facing fabrics, as well as coverings made of artificial and natural leather;
• slight differences in color shades and differences in paintwork patterns, patina shades and other decors;
• folds and wrinkles on upholstery materials of soft elements that arise due to stress as a result of packaging and/or during transportation, and disappear after smoothing by hand, are also not a defect.

Permissible deviations in the parameters of the materials used and technological parameters in the production of furniture are regulated by Interstate Standards (GOST 16371, GOST 19917).

Is it possible to return furniture back to the store?

The Law on the Protection of Consumer Rights defines the buyer's rights with regard to the return or exchange of quality products if they do not fit in size, dimensions, style, color or configuration. In this case, the entire amount of money paid for the product will be returned to him in exchange for the purchased product.

In addition to terminating the sales contract, the client has the opportunity to exchange the product for a similar product, but with more suitable parameters. All this applies to items that do not have flaws or defects.

Similar articles How to return a sofa to the store: nuances of the law, step-by-step instructions for the consumer

Powered by Inline

Nuances of the procedure

The Consumer Law does not allow furniture to be returned to the store, provided that it belongs to the mentioned manufacturers:

• headsets;
• sets.

Household furnishings that are assembled after purchase, i.e. modules, are considered non-returnable. Solid, non-demountable structures must be accepted by the organization. If the items turn out to be of inadequate quality, they are also returned in accordance with this legal act.

The buyer has the right to include in the application:

• receiving monetary compensation for returned goods;
• repairs at the expense of the company;
• recalculation of the price, subject to any deficiencies found;
• exchange furniture for similar items of appropriate quality.

Consumer actions when purchasing a defective product.

Each client of the company has the right to carry out a reversion of certain household items in the first 14 days after purchase, as stated by law. It is allowed to return a sofa, wardrobe, or bed to the store for exchange for similar items, or to receive back the money paid if the item did not suit the citizens in their subjective opinion.

However, to do this you must adhere to the following rules:

• no more than fourteen days have passed since the date of acquisition;
• the products have retained their presentation;
• The model is not in the complete group.

Buyers making a return need to pay attention to the following nuances:

• claims to the store administration are sent only in writing with a receipt stamp on the second copy;
• in the case of a warranty obligation, the examination of the goods is carried out by the seller;
• after the end of the warranty, the assessment is carried out at the expense of the buyer;
• Cash refunds are carried out within 3 days, to bank accounts – 10.

The last rule is stipulated by Art. 26.1 of this Law on distance selling.

Furniture with detected defects is accepted without reservations or conditions imposed by the store. If the seller refuses to comply with the law, the citizen has the right to file a claim in court. In a petition it is possible to demand not only material, but also moral compensation.

Individual order

Household furnishings can be made to order, according to the concluded contract and sketches agreed with the client. Such relations are regulated by Art. 28, 29 of the legal act on consumer protection.

The rules allow you to return custom-made furniture in the following cases:

• a significant flaw has been discovered;
• the fault elimination period is not respected by the manufacturer.

A defect is caused by the discovery of a breakdown that cannot be repaired.

The client has the right to count on:

• repairs at the expense of the manufacturer;
• reduction in the price of a defective unit;
• reimbursement of costs for independent or third-party repairs.

The request must be submitted in writing. If the deadlines assigned for work or delivery have passed, the customer has the right to cancel the contract, referring to Art. 29 of this Law.

Without voicing reasons

The client of the retail chain has the right to replace furniture units without voicing reasons or justification for delivery.

This provision does not apply only to the domestic environment specified by Government Decree No. 55, which includes:

• complex technical devices;
• units;
• furniture sets.

Based on this legal act, the seller is not obliged to accept the goods, replace them or return money. Individual furniture items are allowed to be returned to the organization.

According to subjective opinion

A citizen has the right to revert or replace household furnishings if they do not fit the size of the apartment or are not satisfied with the color scheme or design. Art. speaks about this. number 25. The buyer needs to deliver the item to the store and write a claim.

With defect

The return of low-quality furniture, if defects are discovered after purchase, is carried out under standard conditions. The store is obliged to unquestioningly accept back, replace or give back the money, as stated in Article 21 of the PZPP. A citizen has the right to apply for recalculation for a low-quality unit - Article 24.

The delivery of items of inappropriate quality occurs according to the following rules:

• notify the company of detected defects;
• issue a letter of claim;
• make an exchange or reversion to receive money;
• if the organization refuses to appeal to the court.

If the breakdown occurred during transportation of the product, the seller pays for an expert assessment with a refund. A fiscal receipt is not required, according to Art. number 18. The store is obliged to enter sold goods into the registration log.

The company considers a written claim with an expert assessment within 10 days. Then he makes a decision, as indicated by Art. number 22 of this Law. If defects are identified that were caused by the buyer, the individual independently pays for the work of the expert and the delivery of household furnishings.

Good quality

It is allowed to return furniture of proper quality, but subject to the following conditions:

• the unit is not included in the complex technical category;
• the claim is submitted within 14 days, with a fiscal receipt attached;
• the items have no traces of use, their marketable form and consumer properties have been preserved.

Compliance with the rules allows the buyer to submit an application, followed by an exchange of products or receipt of money. If there are no replacement items when applying, the citizen will be refunded the funds within a 3-day period.

Step-by-step instructions for returning goods within 14 days.

14 days

The decisive condition for reversion is the period of acquisition of items of appropriate quality. They can be accepted by the company within fourteen days, excluding the date of sale. Exceeding the specified duration does not guarantee acceptance of the product by the store.

Distance trading

According to Art. 26.1, legal act on consumer protection, an individual has the right to refuse an order before receiving the products. Thus, you can cancel your purchase within 7 days after placing it.

If the seller has not notified the consumer in additional documents about the terms of exchange or delivery, the duration increases to 90 days. The return of furniture of good quality in online sales must be accompanied by preservation of appearance and user properties.

Moreover, the products are not subject to the law on non-returnable goods - headsets and kits. Units on a promotional brochure may look different than in a brick-and-mortar store.

When a piece of furniture turns out to be of poor quality, the model can be returned during the warranty period or repaired. The rules are enshrined in Art. 18.

Return of cabinet furniture

Furniture with hard parts, i.e. cabinetry, is subject to exchange, subject to the following conditions:

• drawing up a letter of claim;
• availability of a fiscal receipt;
• formal transaction agreement.

Pre-assembled home furnishings cannot be exchanged. However, during assembly, defects or discrepancies in dimensions and size of elements may be revealed. Product reversion may be accompanied by an expert assessment, which will allow the model to be repaired free of charge or oversized parts to be exchanged.

Refusal of defective furniture

Claims related to identified defects in custom-made furniture can be presented both upon acceptance of the work and during the warranty period (in the absence of guarantees specified in the contract, the law establishes a period of 2 years from the date of acceptance of the work).

The contractor is responsible for the shortcomings of his work:

1. within the warranty period established in the contract, unless it proves that they arose after transfer to the customer and as a result of violation by the consumer of the operating rules;
2. in the absence of a warranty period in the contract, if the customer proves that they arose before the transfer of furniture under the contract and for reasons beyond the control of the customer.

LEGAL CONSULTATION

Did not find an answer to your question? Call the hotline ext. 761. It's FREE!

Warranty period

The manufacturer sets the duration of the warranty period for household furnishings independently. This period establishes free satisfaction of the client’s requirements in case of furniture breakdown or defect detection. The rules are specified in Art. 18, 19 Federal Law No. 2300-1.

The warranty period for household furnishings is given in the product passport and is determined by different periods - 12, 18 or 24 months. The document is issued along with a fiscal receipt.

Furniture can be repaired free of charge if it does not bear the following marks:

• fire;
• flooding;
• mechanical damage;
• thermal and chemical;
• intentional damage;
• improper assembly;
• violations of operation;
• malfunctions due to normal wear and tear;
• the end of the warranty.

The list has been added by using items for purposes other than their intended purpose, which makes it impossible to carry out free restoration. If defects are discovered after the warranty has expired, the manufacturer assumes an additional obligation to repair. The regulation was approved by law number 171, dated December 21, 2004.

What furniture cannot be returned to the store?

In accordance with the Law “On the Protection of Consumer Rights”, the return of furniture belonging to one or two design types is prohibited: furniture sets and furniture sets. This means that modular products that are assembled from individual large units cannot be returned.

All other structural types, which are integral systems, can be returned or replaced in a store.

Mandatory conditions for a return include the presence of a receipt, which is a fiscal document and confirms the act of purchase and sale in this particular store.

In this case, the buyer has the right to present compelling claims in the form of:

• return of the full cost of defective products and termination of the purchase and sale;
• eliminating identified deficiencies at the expense of the selling party;
• carrying out an exchange for a similar product with proper quality;
• recalculation of the price of defective furniture taking into account defects.

Return algorithm

The furniture reversion process consists of the following steps:

1. Submitting the necessary documents to the store:
   passport;
2. purchase and sale agreement;
3. manual;
4. guarantee obligation;
5. cash receipt.
6. Oral appeal to a representative of the organization about replacement or return of goods.
7. A written statement indicating the reason for the surrender.

The document may indicate an exchange for a similar model, free repairs, or receipt of monetary compensation.

How can I sell custom-made furniture?

Often, when customers come to a furniture store and choose, for example, a kitchen set, they do not find a product of the right color or materials. Then the seller offers to make an individual order, which will take time. To do this, an agreement is concluded and a pre-agreed amount of money is paid.

After completing the order, the buyer, having paid the store, picks up the product. But at home, after unpacking, defects are discovered that cannot be eliminated on your own.

According to the Law “On Protection of Consumer Rights”, the buyer has the right to demand from the seller:

• elimination of defects at the expense of the manufacturer or shopping center;
• recalculating the cost of furniture products, taking into account the nature of the deficiencies and returning a certain amount;
• exchange for another furniture set;
• compensation for all financial expenses if the seller delayed the process of eliminating the defect, or was unable to do so due to the complexity of the defect.

How to return furniture pre-trial: step-by-step instructions

To return custom-made furniture, you need to know the deadlines. It belongs to durable goods, so manufacturers or stores provide a guarantee of 1-5 years. If the warranty period is not established, claims are made within a reasonable time, but not more than 2 years from the date of receipt of the goods.

Similar articles Returning a cabinet: reasons, terms, step-by-step instructions

Powered by Inline

How to return if a defect is found and get money

The supplier should be immediately notified of the identified deficiency:

1. Submit an application for the return of products of inadequate quality. One copy of the application with signature, date and time of submission remains in the hands of the applicant.
2. Deliver the item back to the store, hand it over according to the acceptance certificate, signed by the responsible person and indicating the full list of detected deficiencies.
3. The ZPP store has 10 working days to consider the application.
4. If the trading enterprise decides to meet the buyer halfway, it is obliged to pay the funds paid by the latter.

KNOW! You can apply within 2 years from the date of receipt of the purchased product.

High-quality products with minor defects can be returned if 2 weeks have not elapsed from the date the buyer received the item. For example, finishing materials or materials from which a piece of furniture is made have an odor that is unacceptable to the consumer. In this case, delivery is made within 14 days.

If a purchase receipt is lost, it is allowed to provide a warranty card with a mark on the date of sale, evidence of audio and video recording, and testimony of witnesses as proof of the completed act of purchase and sale.

Items purchased under a credit agreement or in installments are returned to the seller on a general basis with similar conditions. The only difference is that with the consent of the seller, the thing is accepted with the drawing up of an acceptance certificate and transferred to the creditor.

Money is paid to the consumer, in cash or by transfer, by the store based on the amount that was deposited at the cash register in the form of an advance payment or down payment. The creditor bank reimburses all amounts paid by the borrower at the time of return of the item.

REMEMBER! Commissions for account maintenance and money collected for insurance are not paid.

Rules

How to return a defective product to the seller during the warranty period or within 2 years from the date of purchase:

1. If a defect is identified, it is necessary to draw up a statement with a full description of the defect.
2. Address it to the director of the retail trade organization.
3. Wait ten days: this is the period allowed by law for the seller to make a decision on the consumer complaint.
4. Receive money in cash or to a card (account).

When returning high-quality furniture within two weeks:

1. Write a statement about the need to hand over the item to a trading company addressed to the director. It is not necessary to provide a reason.
2. Wait three days from the moment the product is delivered to the store.
3. Receive money by card or cash.

A quality item can be returned only when it is not part of a furniture set or set.

In a correctly completed application to the director of a trading enterprise, indicate:

• details and name of the store;
• personal data of the applicant;
• circumstances of acquisition of the item;
• desired method of refund;
• reasons for handing over the product;
• date, signature.

The application must be written in two or more copies. There must be a mark indicating acceptance of the document, the date and signature of the responsible person from the organization.

There are situations when, when unpacking a purchased item, it turns out that the accessories for the product are significantly different from those that were presented on the sample in the showroom. In this case, the buyer has the right to contact the store with a claim to replace the existing fittings with the desired ones. The delivery period for components is excluded from the general return period provided for by law.

How does the process in question occur?

When returning defective furniture back to the store, the consumer must take into account the following circumstances:

• Before transporting the product, it is unacceptable to sign an agreement indicating that, for example, there are no defects in the furniture wall. If such an agreement is discovered, it will be very difficult to return damaged furniture;
• if manufacturing defects are identified already during operation (after assembly by craftsmen), the buyer has the right to demand a refund of the full cost of the product or a full exchange for products of proper quality;
• as a result of delay in delivery of finished furniture and its assembly, as specified in the contract, the consumer has every right to demand a reduction in the price of the product and receive part of the furniture as material compensation.

Similar articles Return of the kitchen: grounds, legal requirements, pre-trial and judicial dispute resolution procedures

Powered by Inline

How to recover money from the seller for furniture of inadequate quality through court?

If after this the store management does not listen to the consumer’s arguments, then he has no choice but to file a claim in court.

Most often, stores either do not meet deadlines for eliminating defects or refuse to correct them altogether. In such a situation, a citizen can file a claim in court and demand compensation for expenses incurred, compensation for moral damage and a penalty.

The application should be submitted to the district or city court at the location of the defendant. It is recommended to first conduct an examination, which will show that the defects arose through his fault. In this case, the claim must also indicate reimbursement of expenses for it. The money will be paid if the court satisfies the claims.

All documents evidencing the goods and the claim procedure carried out are attached to the claim. Without it, the judge has the right not to begin consideration of the claim. Therefore, a copy of the claim submitted to the seller and the conclusions of an independently conducted examination will greatly help in satisfying the buyer’s claims.

Usually, the court, after studying all the intricacies of the case, sides with the consumer. The latter, if his demands are satisfied, will be reimbursed for all expenses associated with the examination and other expenses.

LEGAL CONSULTATION

Did not find an answer to your question? Call the hotline ext. 761. It's FREE!

Possible difficulties when returning custom-made furniture

The most common problem that citizens have to face is the seller’s lack of response to a pre-trial claim, failure to fulfill requirements or violation of deadlines. In this case, it is better to immediately contact a lawyer who will resolve the issue amicably, and lengthy legal proceedings will be avoided.

If the trial has already passed, the decision was made in favor of the client, but the defendant is in no hurry to comply with it, the help of a lawyer will also not be superfluous. Even if there is a writ of execution for compensation, there are no guarantees that the money will be paid. A person can turn to a bailiff, but there is a possibility that enforcement proceedings will last several months or years, but will not give the desired result.

Furniture installation

The furniture is delivered unassembled. It is recommended to use the services of assembly and installation specialists who have equipment, tools, technologies and personnel suitable for these purposes, since in this case the installing organization is responsible for the quality of the service provided.

When carrying out work on assembling and installing furniture independently, by the Customer and/or engaging third parties to perform this type of work, the warranty for assembly and installation does not apply.