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Purchasing furniture is an expensive one; in addition, furniture sets are included in the list of non-food products that cannot be exchanged or returned for reasons such as “not suitable” in color, size, configuration, etc. But if shortcomings are identified in the product, the Law of the Russian Federation “On the Protection of Consumer Rights” comes into force (Federal Law No. 2300-1 of 02/07/1992).

Dear citizens! Find out right now how a claim for a defective product is made and where to send it by using the online legal help hotline:

Hotline phone number:

+7(812) 603-49-78

or File a complaint online

Reasons for filing a complaint with the seller

Art. 18 Federal Law N 2300-1 establishes the right of a citizen to return defective furniture to the store, but the seller, as a rule, tries in every possible way to complicate this procedure. Therefore, if defects are discovered, it is advisable to draw up a claim - a written document with which the buyer notifies the seller of the defects of the goods sold and of his requirements in connection with this.

When drawing up a document such as a claim, low-quality furniture is a broader concept than non-compliance with GOST 1637-84 “Furniture. General technical conditions". The grounds for appeal may be:

• manufacturing defects;
• defect resulting from negligent transportation;
• violation of the completeness of the headset;
• design inconsistency;
• damage to packaging resulting in scratches on pieces of furniture.

Return of low-quality furniture

The more expensive the product, the more reluctant stores are to accept it back. In the case of furniture, the matter is further aggravated by the bulkiness of the product, which is not so easy to deliver to the store. The seller must either pick it up himself or compensate the buyer for its delivery. It is a rare store that will be pleased with the prospect of not only parting with the money it has already received, but also incurring additional transportation costs. Therefore, the buyer needs to prepare for difficult communication with the seller.

The most common defects in a furniture set, in the presence of which it is considered to be of poor quality, are:

• chips, cracks, scratches and other external defects;
• broken, deformed parts;
• discrepancy between the shape, color and size of those that were originally chosen by the buyer;
• damaged packaging.

If any of these defects are detected, the buyer has the right to choose one of the following actions to eliminate them:

• demand replacement with the same but high-quality headset;
• ask to reduce the price taking into account the identified shortcomings;
• express your desire to exchange it for another furniture set available in the store or from the manufacturer;
• demand that the seller or manufacturer eliminate the detected defects at their own expense and on their own;
• refuse to purchase a low-quality headset and return the money paid for it in full.

Having chosen the option of refusing products of inadequate quality, a citizen has the right to demand from the seller not only the amount paid for the furniture, but also compensation for other expenses associated with its purchase. For example, if the headset was delivered not by a store or factory, but by the services of a private company, which the buyer paid for, the seller will be obliged to return their cost to the dissatisfied consumer. But it must be confirmed with payment documents.

Consumer rights in case of purchasing low-quality furniture

In accordance with the Law of the Russian Federation “On the Protection of Consumer Rights” (Article 18), the buyer, when identifying deficiencies in the purchased product, has the right to demand from the seller:

• free and immediate elimination of deficiencies;
• reimbursement of the cost of eliminating defects independently or with the involvement of third-party specialists;
• proportionate price reduction;
• exchange for the same or similar goods;
• return of the cost of defective furniture (cancellation of the purchase/sale agreement).

The specific requirement must be clearly stated in the claim, indicating the details for the return of funds and the desired period for resolving the dispute.

Important: delivery of large-sized goods for repair, markdown, replacement and their return to the consumer is carried out at the expense of the seller (through his efforts or by reimbursing the consumer for delivery-related expenses).

Product with special status

Furniture sets have a special status - they can be returned to the seller only if real defects are discovered. This type of product is included in the List of products that, with proper, good quality, cannot be exchanged for another option or withdraw money by refusing to purchase. Color, dimensions, furniture design that does not fit into the apartment - all this needs to be thought out in advance, since there will be almost no chance to change your decision after punching a check. It will appear only if the store administration voluntarily meets the dissatisfied purchaser of the kit halfway.

The list of goods that cannot be returned if there are no quality claims is quite extensive. In addition to furniture, it also includes other industrial products:

• jewelry;
• cosmetics and perfumery aromas;
• cars;
• household chemicals (dish, floor, bath, stove, washing powders, etc.);
• books, art albums, sheet music and other non-periodical printed materials.

The restriction on returning furniture applies only to sets consisting of several items - sets, sets. If individual items were purchased, for example, a coffee table or computer table, which the owner suddenly did not like, they can be returned to the store and of proper quality within 14 days (Article 25 of the Consumer Rights Protection Law).

How to write a complaint about low-quality furniture

There is no special form for this document, but there is one. Certain rules, the violation of which is undesirable. Thus, it is mandatory to indicate the name of the organization that sold the goods, personal and contact information of the applicant, information about the purchase and sale transaction (place and time).

The claim must contain a detailed description of the problem, a clear statement of requirements, and references to legislative norms. The legal period for responding to such requests is 10 days.

If you want to achieve satisfaction of all your requirements in connection with the purchase of furniture of inadequate quality, entrust the preparation of a claim to experienced lawyers:

Making a claim

Filing a return claim is quite simple. To do this, you don’t even need to seek help from specialists. But the document has certain requirements that must be adhered to. First of all, they relate to the composition of the document. It is mandatory to indicate the following information:

1. Provide information regarding who the document is sent to, who is sending it, and what specific product the claim is made against. This must be done concisely and precisely, but abbreviations should be avoided.
2. What is the reason for the appeal? It should be described which factor led to the citizen wanting to return the furniture. If the reason was the external characteristics of the product, such as shape, size, color, this must be indicated. In addition, the reason for the need for a return may be:
   the presence of deformed areas, cracks, chips and other types of damage that occurred during the manufacture of the product, its delivery to the store or as a result of the activities of the store’s employees;
3. violation of the functionality of a furniture product, as a result of which it is impossible to use it for its intended purpose or this process is accompanied by certain difficulties;
4. the absence of some components of the product that should be supplied with it.
5. Requirements that are put forward to the seller of improper furniture. The citizen must write what exactly he wants to do: exchange the furniture, give it away for repairs, terminate the sales contract and return the amount spent. You can also refer to legislative norms that provide such a right to the consumer.

The above is the basic information that should be contained in a sample claim for defective furniture. It is necessary to understand exactly how to draw up this document and in what order to enter the above information into it. It should also be noted that it is advisable to use a claim only if a purchase agreement has been concluded (or a check has been received). If the furniture was purchased from unregistered persons, a refund cannot be guaranteed.

And here is information about what to do if the furniture was not delivered according to the purchase and sale agreement.

Document preparation

In order to properly file a claim, you must follow certain rules. The entire document preparation process consists of several stages. The following structure must be followed:

1. The header of the paper first indicates the person in whose name it is issued (name of the legal entity, address, etc.), as well as the details of the citizen filing the claim.
2. After this information has been entered, a table of contents is written under it in the central part of the document (in this case, “Claim” or “Application”).
3. When filling out the main part of the paper, you must first write how and where the furniture of poor quality was purchased, at what price, when. Next, you need to emphasize the reason why the buyer is not satisfied with the product. If it was a defect, it must be indicated. It is advisable to refer to current legislative acts in this part of the document. The main part should end with the specific requirements put forward by the buyer, and also indicate the possibility of initiating legal proceedings in the event of a refusal.
4. At the end of the document you must sign and write the date of its preparation.

Important! Some documents must be attached to the claim.

The list of documents depends on the specific situation. This can be a copy of a check or coupon (guarantee). After the signature, you should indicate which document is attached to the claim.

Sample

If a citizen decides to file a claim without seeking qualified legal assistance, a sample of this document may be useful to him. It looks like this:

A sample complaint regarding the quality of furniture will help you correctly draw up a document, which can later be used as a basis for filing a lawsuit. If the seller refuses to comply with these requirements, going to court will be the next step towards protecting consumer rights.

Return of doors of inadequate quality (defective)

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

Marriage if

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

Reasons for return

There are different types of marriage.

Any of the above types of defects allows you to return the doors to a store or other outlet.

However, it is not possible to return the goods in the following cases:

1. If the defect arose due to the actions of the buyer;
2. If the buyer was informed in advance about the existing defects;
3. If the warranty period has expired.

The warranty period is the period during which the manufacturer or seller provides the buyer with the right to return a defective product. It is installed on each item separately, depending on the characteristics of a particular product and legal requirements.

The warranty period includes:

• warranty from the manufacturer - which is established by the manufacturer in accordance with the law (for example, in GOST);
• warranty from the point of sale - which must be no less than the period specified by the manufacturer.

The buyer can return the product within two years after purchase, even if the warranty period has expired. However, this requires serious reasons. And the return procedure in this case will be complicated.

Buyer's rights

If the interior or entrance doors are of poor quality, that is, violations and defects are identified, then according to Article 18 of the Law “On Protection of Consumer Rights” the buyer has the right to a number of demands.

The buyer has the right to:

• To return and receive money;
• To exchange the product for a new one with the same declared characteristics;
• To carry out repairs free of charge;
• To exchange for a product with other characteristics with payment of the difference in price
• By agreement of the parties, a reduction in the price of the product equal to the amount of the defect found.

It is important to consider that the choice of one of the above items should be made by the buyer, but not by the seller.

Procedure

If after purchase a defective door is discovered, the first thing the buyer should do is contact the seller. At the initial stage, you should try to come to an agreement with him verbally, but if nothing works out, then you need to move on to serious action.

Buyer's procedure

The simplest solution to the problem is the seller’s consent to a voluntary return of money, if this is what the buyer of the low-quality furniture set asked for. But you shouldn’t count on such a painless settlement of the dispute, since this is not in the interests of the store.

If the seller does not want to voluntarily return the money, and the buyer has a complaint about the quality of the furniture, then it must be made in writing, in duplicate. One of them is transferred to the store, the other is registered and remains with the applicant.

A claim for low-quality furniture can be filed by a professional lawyer who is well acquainted with the current legislation and will take into account important nuances. However, his help comes with additional costs for the buyer, and not everyone can afford them.

Drawing up a pre-trial claim independently is within the capabilities of most citizens. To cope with this task, you should take a number of steps:

• before you write a claim for poor-quality furniture, the statements are below;
• familiarize yourself with the main articles of the law protecting consumer rights, dedicated to the return of low-quality goods to the store (Articles 18-24);
• As concisely, but convincingly as possible, state in the application your complaints about the quality of the purchased furniture and refer to the requirements of the law, proposing one of the options for eliminating the shortcomings.

The claim is written in free form, but there are a number of rules that are important to follow in order to give it the status of an official document.