Returning furniture to a store under consumer protection law

Home / Claims / We are writing a claim for low-quality furniture: how to get your money back?

Any purchase, regardless of its value, can be returned to the seller due to its poor quality or defects, as well as if certain defects appear during the warranty period. Furniture can also be returned or exchanged.

You can find out what warranty period is established by the manufacturer in the documentation attached to the product or in the purchase receipt. Typically, the responsible period is one year. What to do if the purchased furniture turns out to be of poor quality and how to write a complaint to the seller?

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.

Return or exchange of furniture under the Consumer Protection Law

You can almost always return items purchased from a furniture store. Regulatory documents relating to the problem that have arisen will help.

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Proper quality and poor quality

Conditions to return an item and receive the amount paid for it:

1. If a defect in the product was discovered during the warranty period.
2. For a reasonable period, but not more than two years from the date of transfer of the goods to the consumer, provided that the shelf life or warranty period for the use of the goods is not established by the manufacturer (seller).
3. No later than two years, if the warranty expires earlier than this period.

Returns of quality furniture are prohibited by government regulation. However, there are a number of subtleties that allow you to return a purchase of proper quality if the seller:

1. Did not provide the address, brand name of the product manufacturer, or provided knowingly false information.
2. Did not provide certificates of conformity for the product.
3. Hid information about the basic consumer properties of the product.
4. He did not familiarize himself with the conditions and rules for the safe operation of products.
5. Did not provide the buyer with free access to the sample on the sales floor for a full inspection.
6. If the discovered shortcomings of the purchased furniture have already been eliminated, but the seller hid it.

A high-quality set of furniture or furniture that meets the stated standard, fully complete, with a package of operational documents and a certificate of conformity, cannot be returned or exchanged. But there is a loophole here too. Even if the purchase falls under clause 8 of the list of goods that are not subject to exchange or return (furniture sets, sets), but does not suit the consumer in terms of color, shape, dimensions, size, style, configuration, it can be returned to the store. Conditions:

1. The set was assembled from individual items.
2. The set was paid for separately for each product (according to different checks, receipt orders).
3. Furniture should not show signs of use.
4. Two weeks have not passed since the date of purchase.

Important! I didn't like it - that's enough. The law does not oblige a person to explain why the furniture did not suit him.

Is it possible to return a sofa to the store if you don’t like it?

It is allowed to return the sofa even without explaining specific reasons. It is not a headset or a set. Conditions:

1. Within fourteen days from the date of purchase of proper quality.
2. During the warranty period or for two years from the date of purchase in cases of detection of a defective product.

Can furniture be returned after assembly?

Upholstered, children's and cabinet furniture can be returned to the store:

• during the warranty period or within two years - of inadequate quality;
• within two weeks - a quality product.

The stages before or after assembly are not defined by law. Most products are delivered to the consumer unassembled. Defects in design, finishing materials and completeness can be checked during assembly work. The item may remain assembled for delivery back to the store.

Made to order

To receive furniture according to an individual project, the customer provides the manufacturer with a set of wishes regarding shape, size, material and finish. Through negotiations between the two parties, a sketch is agreed upon. The guarantee of fulfillment of obligations is a signed contract.

To return custom-made furniture to the manufacturer, the following conditions are needed:

• deadlines for eliminating minor defects have been exceeded;
• significant shortcomings of the ordered item were discovered.

A significant deficiency is an irreparable or reoccurring defect, the elimination of which will require significant time and investment.

If the item is of high quality, manufactured in accordance with the current contract, and meets all safety requirements, it will not be possible to return it.

When can I apply?

A statement of intention to return the product to the retailer can be submitted to:

• during the warranty period;
• within two years from the date of sale;
• fourteen days counting from the day following the date of purchase of the product.

If the product is of adequate quality, but fourteen days have passed since the consumer received it, the buyer will have to prove that force majeure intervened in the procedure. The legislation does not list them in full, but they must fall under the following general criteria:

• inability to foresee;
• undesirability;
• impossibility of prevention.

Circumstances that become an obstacle to returning the product within the time limits provided by law should not depend on the consumer. He could suddenly end up in the hospital. The only road to the store could have been washed away by heavy rains. Then the deadline for delivery can be extended for the period of sick leave or for the time necessary to eliminate the consequences of a natural disaster.

Some large retail chains set their own deadlines for consumers to return or exchange products purchased from that chain. For example, the IKEA trading house, pursuing a policy of customer loyalty, has established a one-year period for returning purchased goods.

Products are delivered to IKEA if they do not show signs of use, without packaging and assembled.

In the absence of a receipt, the fact of sale can be established by electronic copies of documents in the buyer’s personal account. The money is returned in a way identical to payment for the purchase.

Causes

Poor quality furniture can be returned up to two years from the date of sale in any case.

High-quality furniture, if you don’t like it, doesn’t fit in size, color, size, style, or is not satisfied with the complete set, you can return it within two weeks from the date of purchase, unless we are talking about a set or a furniture set.

To return a sofa, bed, wardrobe, chair or table, you need to write an application for the return of the product addressed to the director of the trading enterprise.

Attention : trust and word of honor are not sufficient grounds for concluding agreements with the seller. All stages of communication with a retail organization must be documented.

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.

Instructions for returning quality furniture

When returning furniture of proper quality, we recommend that the buyer follow the following procedure.

Important!

The instructions are valid if the furniture meets the conditions required for its return.

Step 1. Drawing up and submitting a claim to the seller

The buyer can make a claim in free form or on the seller’s prepared form. The claim can be written either by hand or typed on a computer.

Sample claim for return of furniture of proper quality

1. We indicate information about the seller (name, address with index);

2. We write information about the buyer: full name, address, contact phone number);

3. We indicate the date of purchase of the furniture, as well as the name and other data that allows us to determine the purchased furniture (size, color, article number, etc.) and its cost.

Important!

If a sales contract was drawn up during the purchase, then its number must also be indicated.

4. We describe the reason for the return: the furniture did not fit in shape, dimensions, style, color, size or configuration.

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

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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 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

Penalty for failure to deliver on time

If the ordered furniture is not delivered within the time specified in the contract, the buyer has the right to set a new deadline , demand termination of the contract and return the money, or demand payment of a penalty.

If the amount of the penalty is not established by the purchase and sale agreement or the agreement for the provision of services, then its amount is 3% of the cost of the work for each day of delay, but not more than the entire amount of the order. The buyer's requirements must be fulfilled by the seller within 10 days.

sample claim for violation of furniture delivery deadlines.

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.

How to make a quality complaint to eliminate deficiencies?

A claim to a store is a way to peacefully and pre-trial resolve a dispute. Before contacting the regulatory authorities with a complaint against the store, the buyer must submit a written statement to the seller indicating his requirements and the condition of the purchased product.

Making a claim is quite simple even for an unprepared person: the statement is written in free form , which must indicate information about the purchase and its condition. The applicant has the right to hand over the appeal personally to a store employee or send a claim by mail. The latter method is preferable if the seller refuses to accept the complaint.

Termination of the purchase and sale agreement

The consumer has the right to return a low-quality product for two reasons: if the style, size, format or technical features of the product do not suit him, or if the product does not correspond to the declared and actual quality.

Reasons for returning furniture may be::

• Damage to the packaging, integrity of the product, traces of its use before the purchase;
• Detection of defects, hidden defects or damage during the entire warranty period;
• The purchased product does not meet the stated characteristics.

The consumer also has the right to refuse the purchase or exchange it if the ordered furniture was delivered of a different type than that chosen. You can also return to the store goods that were made to order, but with differences from the previously approved project or with a delay in delivery.

For one of the above reasons, the buyer has the right to contact the seller and demand an exchange of the product for another or a refund of the cost of low-quality furniture. Compensation in the form of a reduction in the price of a product that does not meet the declared characteristics is also allowed.

Along with demands for replacement or refund of the cost of the product, the consumer has the right to request compensation from the store for all expenses incurred : transportation of the product, its repair, quality assessment. By the way, furniture that has become unusable due to poor quality repairs cannot be returned or exchanged.

Sample application to a furniture store

The buyer himself makes a claim for low-quality furniture: the application can be filled out in free form by hand or in a printed version. The following information is required :

1. Seller details (name of legal entity, address, registration codes).
2. Information about the buyer (full name, residential address and telephone number).
3. Information about a low-quality product and its purchase.
4. Claim (complaint about quality and requirements from the buyer to the seller).

Finally, it is necessary to write the date and sign the applicant. The claim must be made in two copies: one is handed over to the buyer, and the second to the seller. In this case, the latter is obliged to put a mark on the document confirming its acceptance.

A claim for a product must include: the date, time and place of purchase, a description of the purchased furniture and its condition, and the moment the breakdown occurred. You should write in detail about the quality of the product: when and under what conditions problems arose with its use.

The application can be submitted either to the head of the trading enterprise or to any of its employees (sellers). If there is no action on their part within 10 days, the consumer has the right to file a lawsuit.

What documents will be needed?

A written claim is not yet a basis for returning or exchanging purchased furniture. The application must be accompanied by documents indicating the characteristics of the goods and the previously completed purchase and sale transaction. What you need to prepare :

1. Receipts: cash and sales receipts.
2. Other statements of purchase issued by the seller (for example, a loan agreement).
3. Warranty card, invoice, statement of delivery, assembly and purchase acceptance certificate.

If the buyer also kept the boxes and packaging material, then this will be an additional plus. Remember: the seller does not have the legal right to refuse a claim for an item if the buyer has not preserved its packaging. But without a receipt or warranty coupon, returning the furniture will not be easy. Although this is also possible.

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.

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

What decision to expect?

By law, during the period of consideration of the complaint, the store is obliged to make a decision on the complaint that was filed by the buyer. As a rule, the client asks to eliminate the defects, exchange the product or return its value. When making a refund, the consumer must return the defective furniture to the store.

In addition to returning or exchanging purchased low-quality furniture, the buyer has the right to demand reimbursement of all expenses from the store. For example, according to the law “On the Protection of Consumer Rights”, a product weighing more than five kilograms must be delivered to a store or for a quality assessment examination at the expense of the seller.

Additionally, you can demand payment of a penalty: 1% of the cost of purchased furniture for each day the store violates the deadlines for exchange, repair or response to a claim.

Most often, the buyer manages to resolve the issue peacefully : after filing a complaint with the store, the seller conducts his assessment of the quality of the furniture and exchanges it, repairs it, or returns the money paid. But if the terms for consideration of the complaint were violated by the seller and no action was taken from him, then the consumer can go to court.

If the claim does not help resolve the dispute regarding the quality of the purchased furniture, then the courts, most often, rule in favor of the consumer (provided that there is evidence of the condition of the goods and the transaction).