How to return furniture under the consumer protection law?

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.

Legislation

You can return furniture in accordance with the standards provided for by the Consumer Protection Law. Chapters two and three of the law contain the procedure, terms and options for resolving this issue:

1. Article 18 allows the consumer to return furniture to the retailer if it is found to be defective.
2. Art. 19 regulates the time periods during which the consumer has the right to make claims regarding the quality of the purchase.
3. Art. 20 considers the time allowed for the seller to eliminate deficiencies.
4. Art. 21 provides a citizen with the right to replace a defective product.
5. Art. 24 fixes the procedure and rules for the settlement of a trade enterprise with a consumer when returning products purchased under a loan agreement.
6. Art. 25 provides the buyer with the opportunity to exchange goods of good quality.
7. Art. 26.1 allows you to return an item purchased remotely via the Internet.
8. Art. 29 secures the consumer’s rights to identify deficiencies in a completed order.

Government Decree No. 55 of January 19, 1998 contains a list of non-food products, the return of which is prohibited.

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.

Complaint about poor quality furniture

OOO "___________" ______________________

from ___________________________________ ________________________________

CLAIM

___________________ year, I entered into agreement No. __________ with OOO "____________" for the manufacture and supply of custom-made furniture. According to clause 1.1 of the said agreement, the “Contractor” undertook to accept an order for the manufacture of furniture, manufacture, assemble and deliver it to the “Customer”, provide services for the assembly and installation of manufactured furniture in accordance with the parameters of the order, according to a sketch of cabinet furniture agreed with the “Customer” – kitchens “_________”, and the “Customer” undertakes to accept and pay for the above-mentioned furniture and services provided by the “Contractor”. In full accordance with the terms of the contract, I made payment under the contract, including, in addition to the cost of furniture, I paid for assembly and installation services, which, in general, amounted to __________ rubles. In this case, the agreement complies with the requirements of Art. 454 of the Civil Code of the Russian Federation, by virtue of which, under a purchase and sale agreement, one party (seller) undertakes to transfer the thing (product) into ownership of the other party (buyer), and the buyer undertakes to accept this product and pay a certain amount of money (price) for it. In accordance with Art. 469 of the Civil Code of the Russian Federation, the seller is obliged to transfer to the buyer goods, the quality of which corresponds to the purchase and sale agreement. If there are no conditions in the sales contract regarding the quality of the goods, the seller is obliged to transfer to the buyer goods suitable for the purposes for which goods of this kind are usually used. If the seller, at the conclusion of the contract, was informed by the buyer about the specific purposes of purchasing the goods, the seller is obliged to transfer to the buyer the goods suitable for use in accordance with these purposes. When selling goods based on a sample and (or) description, the seller is obliged to transfer to the buyer the goods that correspond to the sample and (or) description. If the law or the procedure established by it provides for mandatory requirements for the quality of the goods being sold, then the seller carrying out entrepreneurial activities is obliged to transfer to the buyer goods that meet these mandatory requirements. Within the time period stipulated by the contract, namely _____________, the furniture was delivered to me, assembled and installed. However, during installation, due to the actions of the employees of LLC “________”, the specified furniture was actually rendered unusable. In particular, a huge hole was drilled for the cabinet fastenings, which clearly did not correspond to the size of the fastening itself. As a result of the irresponsible actions of the “Executor,” the side panel of the cabinet was damaged (damage in the form of a crack). A completely “extra” hole was made in the wall between the cabinets, which spoils the presentation of the product. Since the work on installing the furniture and the quality of the furniture itself did not meet the terms of the contract, I refused, and quite rightly, to accept “such” work. Once again, they brought me furniture from ____________ to replace the defective one, but again it turned out to be unsuitable for use due to its quality. In this case, I believe that the quality of the furniture does not correspond to the purchase and sale agreement I concluded. According to Art. 4 of the Law of the Russian Federation “On the Protection of Consumer Rights”, the seller is obliged to sell to the consumer a product that meets the quality requirements of the mandatory standards, the terms of the contract usually presented, as well as information about the goods. In accordance with Art. 18 of the mentioned Law, the consumer, if defects are detected in the product, if they were not specified by the seller, at his own discretion have the right to: demand replacement with a product of the same brand (same model and (or) article); demand replacement with the same product of another brand (model, article) with a corresponding recalculation of the purchase price; demand a proportionate reduction in the purchase price; demand immediate free elimination of defects in the goods or reimbursement of costs for their correction by the consumer or a third party; refuse to fulfill the purchase and sale agreement and demand a refund of the amount paid for the goods. At the request of the seller and at his expense, the consumer must return the defective product. In this case, the consumer also has the right to demand full compensation for losses caused to him as a result of the sale of goods of inadequate quality. Losses are compensated within the time limits established by this Law to satisfy the relevant consumer requirements. These requirements are presented by the consumer to the seller or an authorized organization or an authorized individual entrepreneur. The consumer has the right to present demands to the manufacturer, authorized organization or authorized individual entrepreneur, importer. Thus, since I was sold a product - a set of cabinet furniture - a "_________" kitchen of inadequate quality, in accordance with the norms of current legislation, I have the right to demand termination of the sales contract and a refund of funds. On the basis of the Law of the Russian Federation “On the Protection of Consumer Rights,” I demand that within three days from the receipt of this claim, the full cost of the furniture in the amount of __________ rubles be returned to me, as well as the costs spent on legal services in the amount of ________ rubles. If the claim is rejected, in order to protect my rights and legitimate interests, I will be forced to go to court with these demands, as well as demands for compensation for penalties, moral damages and a fine to the state in the amount of half the price of my claim. Please notify me of your decision within the time limit established by law.

__________________

" " ________________ of the year

When can I return furniture?

The period for returning furniture depends on whether it is of proper quality or not.
In the first case, the procedure is carried out within 14 days. If you place an online order, the deadline is one week after delivery. If there is a manufacturing defect, returns can be made at any time until the warranty period expires. It is determined by the manufacturer or seller. This period is specified in the warranty card.

Sometimes the deadline is not noted in the documents. Then, according to the law, furniture can be returned within 2 years if a manufacturing defect is detected.

Sample request for refund

The buyer can verbally contact the seller to return the furniture.
But if employees refuse to listen to the client, a claim is filed. It is important to know how to compose it and what points need to be indicated. The written request must reflect:

• name of the store, its legal address;
• last name, first name, patronymic of the buyer, his residential address, contact information;
• the date the purchase was made;
• description of the item to be returned, cost;
• the reasons why the customer wishes to return the goods;
• demands (money back, replacement, cost reduction);
• list of attached documents;
• date and signature.

Additionally, documents confirming the fact of purchase are attached. These include a purchase and sale agreement, a warranty card, and a payment receipt.

Contact the supervisory authorities

If your demands are not satisfied within the required time frame, go to court.
We also recommend filing a complaint with Rospotrebnadzor. When purchasing a piece of furniture, a sales contract is concluded, which indicates the name of the product, the number of items included in its set, and the number of necessary accessories.
Do not sign the document until you are sure that the contents of the goods correspond to the contract. After signing the contract, the seller is obliged to transfer the goods in the form in which it is described in the contract.

To be continued.
Be the first to know about new materials from Roskachestvo, subscribe to our newsletter!

Arbitrage practice

As judicial practice shows, consumer claims are satisfied.
This applies to both cases of returning furniture of inadequate and proper quality. So, citizen M. bought a sofa. When the delivery was made, she realized that the furniture was not the right color or size for her. The plaintiff decided to return the sofa to the store within the period prescribed by law. But the seller did not agree to settle the dispute out of court.

The court determined that the sofa was not a piece of furniture that could not be returned. Therefore, the citizen has the right to return it on a general basis. The demands of citizen M. were satisfied (Appeal ruling of the Moscow City Court in case No. 33-43090 of December 6, 2021).

Citizen M., who entered into an agreement with SK Collage LLC, also received a positive court decision. After delivering the kitchen furniture and equipment, she identified deficiencies in the side of the countertop, niches for installing a built-in refrigerator and dishwasher. After sending a complaint to the store, the defects were not corrected.

After filing the claim, an examination was carried out. Based on its results, it was established that the defects were of a manufacturing nature and were also caused by unprofessional installation. The workers caused mechanical damage to the furniture. The court found that the shortcomings were significant. The demands of citizen M. were satisfied (Appeal ruling of the Moscow City Court in case No. 33-50568 of December 18, 2021).