Furniture Warranty. A bed from an online store broke down after a week of action How to return a bed with a marriage under warranty

When buying furniture in a store, each consumer should know that it is possible to return it back or exchange it for another only if it has flaws. In the event that the furniture did not suit you in size, color or other parameters, but is of high quality and intact, the furniture cannot be returned.

What do you do if you receive defective furniture?

First of all, you should contact the store with a request to replace the goods or return the money. After the refusal, give the seller a written claim (there is information about its content on our website, which can also be obtained by phone hotline). If you were again refused to return the furniture, you must conduct an independent examination, and attach its results to a repeated claim to the store (it is also worth demanding a refund for the examination).

If, in this case, the money for the furniture is not returned to you, then go to court.

No matter what sellers tell you, know that the law is on your side!

It is worth remembering a few more rules:

present your claims to the selling party only in writing and require a mark of delivery. Only in this case will you be able to prove in court when and with what claims you applied to the store to return the furniture;
if you have a warranty card for the goods, then the seller, and not you, is obliged to make an expert assessment and prove that he provided you with a quality product. And you, in turn, can challenge the conclusion of the examination;
in the event that the warranty period has expired or is not there, you do the examination yourself;
The period for which you are obliged to return the money is 10 days.

The specified list consists of 14 items of groups of types of goods, eight items have decoding or explanations given in brackets.

The main problem in the interpretation of the List is precisely this - the role of transcripts or explanations is not clear. In some cases, these are examples of certain categories of goods, in other cases they are a kind of sub-list. At the same time, some of the explanations are given in the form of open lists, that is, it is possible to continue the associative series, for example, paragraph 2 of the List: "Personal hygiene items (toothbrushes, combs, hairpins, hair curlers, wigs, hairpieces and other similar products)", and some are in the form of lists, for which there is no indication whether they are open or closed, but it can be assumed that these lists are closed.

From this it becomes unclear how to relate to the information set out in the List in brackets: either to accept them as an imperative norm, or simply as examples of the main information set out outside the brackets. I must say that the difference here is fundamental and with different approaches, completely different results are obtained.

For example, what about a buyer's request to replace a sofa if the sofa was sold alone, without any accessories? The text of paragraph 8 of the List itself reads: "Household furniture". If we approach this literally, it turns out that since the sofa is furniture household purpose, it is non-refundable and non-exchangeable. However, the brackets contain Additional Information: "furniture sets and sets". If we approach this explanation literally, then the sofa is subject to exchange and return, since this is a single item, that is, not a set or set.

At the same time, except for the clarifications given to the list items in brackets, closed lists that have mandatory application, then any piece of furniture, regardless of whether this item is part of a set or a set, cannot be exchanged or returned on the basis of article 25 of the Law "On Protection of Consumer Rights".

The items of the List indicate the types of goods to which the said article applies, and in this case the legal norm has a direct effect. In brackets, certain products are given as examples, and the list of these examples is by no means exhaustive, and this was not the intention when preparing the document. This is clearly seen from the text of the explanations given in brackets to paragraph 4 of the List in relation to such a type of goods as textile products: "cotton, linen, silk, woolen and synthetic fabrics, goods from nonwovens types of fabrics - ribbons, braid, lace, and others. " That is, the creators of the document directly pointed out that this list simply cannot be closed.

It follows from this that the general concepts of the List, set out point by point outside the brackets, are subject to mandatory application. The concepts set out in brackets are not mandatory for use in terms of interpreting individual items of the List, as they are only examples. general concepts outside the brackets.

However, as already mentioned in relation to other contentious issues of consumer protection law, jurisprudence often differs from theoretical calculations. Judges often do not have time to deal with the complexities of presenting thoughts in government decrees, however, there is often a desire to help the consumer even when he is not quite right. Therefore, most courts interpret the List of Good Quality Non-Food Goods Not to be Returned or Exchanged for Similar Goods of Other Sizes, Shapes, Dimensions, Styles, Colors or Options in a way that is beneficial to consumers.

Therefore, a single bed, like any other single piece of furniture of good quality, is subject to exchange / return on the basis of Art. 25 of the LOZPP, but it depends, unfortunately, only on the qualifications of the judge.

Sellers often refuse to comply with the requirements of the consumer, referring to the norms of the law that restrict the exchange or return of products of good quality, as well as taking advantage of the buyer's ignorance of his legal rights. In most cases, such a refusal is illegal, so an appeal to the law is necessary.

Is the blanket included in the list of non-returnable items? In what terms, under what conditions and on the basis of what regulations can textile products be returned to the store?

Legal aspect

The main provisions of the second section of the Civil Code of the Russian Federation, which regulates the rights and obligations of the parties when making retail purchase and sale transactions:

Art. 497- the procedure for the provision of services and the return of products in the remote method of sale;
Art. 495- the obligation of the seller to provide information about the product in writing;
Art. 502- the emergence of the right to exchange products of the appropriate quality;
Art. 503- the rights of the buyer upon detection in the goods that arose through the fault of the seller or manufacturer;
Art. 504- recalculation of the purchase price when replacing the goods with a similar one.

Regulations 2300-1 of the Federal Law on consumer protection:

Art. ten- obligations to provide reliable information about the product in writing;
Art. 12- liability for failure to comply with the requirements of Art. ten;
Art. eighteen- consumer rights when buying products with a defect;
Art. 21- the right to return faulty and defective products;
Art. 25- the right to products, the quality of which corresponds to the declared;
Art. 26.1- features of remote transactions.

The current list is expanded by Government Decree No. 55, which restricts the right to exchange or return certain non-food items.

Can I return the blanket to the store?

In accordance with the current regulations, the cover is subject to return or exchange in three cases, if the deadlines established by law are met:

With appropriate quality.
When a defect is found.
When purchased remotely(any quality).

Return terms:

7 nights- when selling a product after familiarization with the sample: through the website, catalogs, etc. (Article 26.1);
three months- with the remote method of purchase, if the buyer was not provided with comprehensive information about the properties of the product and the conditions for return (Article 26.1);
until delivery(26.1 st.);
14 days- for direct sale and (25 Art.);
during the service life or with inadequate quality (Article 19);
2 years- if the product inadequate quality warranty card not included (art. 19).

Proper quality bedspread

According to Government Decree No. 55, the bedspread does not belong to the list of goods that cannot be exchanged for a similar one if the quality corresponds to the declared one, since, in accordance with clause 4 of this list, this condition is relevant only for textile products sold per meter.

Therefore, the buyer can make an appropriate claim subject to a number of conditions:

consumer and external properties of the bedspread must be preserved, which assumes no visible damage, signs of washing and wear;
in compliance with the deadlines established by law(14 days);
in the presence of, indicating the acquisition of a coverlet from the seller to whom the claim is addressed.

If the buyer does not have the opportunity to provide a check, then he has the right to involve witnesses who were present in the store when the goods were sold.

To return a blanket purchased directly from the seller, you must:

Contact the store where you purchased.
Provide a coverlet, as well as the accompanying, production attributes (tags, labels, etc.).
Submit a check and(in the presence of).
Issue 2 copies of the application with a request for an exchange.
In the absence of a similar product, issue 2 copies of the application requesting termination of the transaction.

For remote purchase:

Contact support on the company's website or call the hotline.
Fold the cover into the package, attach all attributes attached at the time of delivery, check.
Attach an application with a request for a refund Money.
Send the parcel by postal service with a description of the attachment and about delivery.

According to Art. 26.1 of the RFP, the seller is only obliged to refund the consumer the funds paid for the product. Return shipping costs are non-refundable.

Poor quality

If, when unpacking the bedspread, it turned out that its quality does not correspond to the agreed one due to improper execution contractual obligations on the part of the seller or manufacturer, the buyer has the right provided for in Articles 18 and 21. LOZPP, to put forward the following requirements:

exchange bedspreads for the same brand, model and article;
exchange of a bedspread for a similar one in properties, but of a different brand, model and article number with the accompanying recalculation of the purchase price;
reimburse the cost of eliminating defects in the product through contacting a sewing workshop;
terminate the retail sales contract and return in full.

To return a cover, you must:

Contact the location of the food outlet where the product was purchased.
Provide a cover, packaging, receipt, warranty card(if any), production attributes.
Write 2 copies of the application with the nomination of one of the requirements under Art. 21 POZPP.

If the seller insists on the goods by conducting an examination, then you must give your consent. The term for conducting diagnostics cannot exceed 20 days (clause 1, article 21 of the RFP). Refusal on the basis of the absence of a check or other payment document in relation to goods of inadequate quality is unlawful (clause 5, article 18 of the RFZPP).

What items are legally non-returnable

The list of products that are not subject to return or exchange on the basis of 25 Art. ZoZPP, established by Government Decree No. 55. It includes:

, pharmaceutical products, personal hygiene items;
knitwear and textiles(released per meter), hosiery and clothing products;
kitchen and tableware, products made of polymers in contact with food;
household chemicals and chemicals;
, numbered units, motorcycle products, technically complex devices;
products from;
weapons products;
products;
products of animal and vegetable origin.

The list of technically complex goods is regulated by Government Decree No. 924.

Procedure for refusal of a return

In some cases, the seller has the right to refuse to return the product on legal grounds:

the term of circulation has expired in accordance with regulatory enactments or warranty card
there is no receipt or other proof of purchase of the product from the seller(for goods of good quality);
products are non-returnable in accordance with the law;
consumer properties and presentation are lost;
the fault of the consumer in the occurrence of a defect has been proven.

If these conditions are met, and the seller refuses to fulfill the requirements of the consumer, then proceed as follows:

Duplicate an application with a return request to the CEO of the organization.
If the employee refuses to accept the application, then you should send it to the addressee by postal service with a delivery notification and a description of the attachment.
Attach a copy of the receipt to the letter.
If the seller's requirements are not met in the pre-trial settlement procedure, file a complaint with, and then (if necessary).

Some consumers do not return textiles to the seller if they do not fit them in any way, mistakenly believing that this is contrary to current legislation. If the product was not released for the meter, then it is subject to return and exchange on a general basis. Thus, you can return the bedspread to the store even if it is of good quality.

In this article, we will look at how to return pieces of furniture to the store, whether it is possible to return or exchange a bed when buying in a store or via the Internet. You will learn how to return furniture within 14 days, get money for it or exchange it for another product. For each situation, we have attached a claim for return or exchange, which you can download.

Our recommendations are created on the basis of the law "On the Protection of Consumer Rights" and on the information of our lawyers. If you have already unsuccessfully tried to return the goods or want to enlist the support of our lawyers, you will receive free personal consultation our lawyers at the link:

Is it possible to return a bed of good quality?

To return furniture, you need to consider some features, which will be described below. Let's look at possible situations:

You have decided to return a good quality bed. The reasons for returning are different:

did not like the product: in color, shape, dimensions, does not fit the interior, etc.
hurried with the purchase (found cheaper or picked up other furniture), changed their minds

The rules for returning furniture boil down to two main points:

In accordance with Article 25 of the Law "On Protection of Consumer Rights":
The buyer is entitled to an exchange quality furniture within 14 days, not counting the day of its purchase, if the furniture:
A) is not furniture set or furniture set (consisting of several products)
B) was not in use, retained its presentation, consumer properties, factory labels.

Source: http://rospotrebnadzor.ru/

If your product meets these conditions, then you can return it to the store within 2 weeks, not counting the day of purchase, and exchange it for another model. And if another product that suits you is not available, then the seller is obliged to return your money.

Difficulties with the return may also arise when the furniture was made for you to order according to individual sizes.

How to return a defective bed under warranty?

Has it been less than 15 days?

If a defect is discovered within the first 15 days from the date of delivery of the goods, then you have the right to return the goods or exchange them for the same or a similar one with a recalculation of the price.

Important: the countdown begins exactly from the moment you receive the goods. If you paid for the goods, and delivered it to you in a week, then the period of non-guaranteed return is calculated from the day of delivery.

The money must be returned to you within 10 days, and a replacement must be provided within 7 days from the date of application (if with a quality check, then within 20 days).

Important: if the price of a product has risen since the moment of purchase, you have the right to demand compensation for the difference in price.

Has it been more than 15 days?

After this period, you can only count on the warranty repair of the goods.

However, if the repair lasts more than 45 days, or if the problem is unrepairable or repetitive, then you have the opportunity to request a replacement or a refund.

You can also claim damages related to the sale of a device of inadequate quality to you. For example, compensation for the cost of transporting goods to the place of repair.

Here are a few claims, among which you will find the right one for you:

Replacement during repair

While you are waiting for the repair or replacement of the goods, you can request a replacement from the seller during this period. You must provide a replacement within 3 days.

How to rent a bed with a marriage under warranty

if the warranty period has not expired, you should contact the seller (manufacturer, importer) with a written claim made in two copies, with clearly defined requirements (copies of all necessary documents, such as a cash receipt, sales receipt, warranty card, etc. are attached to the claim .).
the seller accepts the goods and replaces them with another one, or conducts a quality check (in your presence). Don't forget to get the acceptance certificate from the seller.
during the check, the seller is interested in establishing that the cause of the problem was your fault, so we recommend that you be present at this check (you have such a right). The result of the check may be the satisfaction of your request for a replacement, or a refusal.
if you have a dispute with the seller about the causes of the malfunction, the seller is obliged to conduct an independent examination (where you can also be present) at his own expense. If the examination reveals a manufacturing defect, the seller is obliged to replace the goods. If, on the contrary, the defect arose during operation, then you will be left with defective goods and will be required to pay the seller the costs of the examination.
if the consumer does not agree with the seller and the results of the examinations, then he has the right to apply to the court with a statement of claim.

If you bought a bed online in an online store

Proper quality

If the product has not yet been delivered to you, you can already refuse it. After the transfer, you can opt out within seven days. If the seller has not attached documents specifying the procedure and terms for returning goods of good quality, you can refuse the goods within three months from the moment of its transfer.

To be returned, the product must not be in use, its presentation, consumer properties, as well as a document confirming the fact and conditions of purchase of the product, are preserved. If there is no such document, then you can refer to other evidence of the purchase of goods from this seller (screenshot personal account online store, notification of purchase by e-mail or SMS).

If the product in the online store is different from what was brought to you, this can also serve as a reason for returning it to the seller and receiving the money back. In this case, you can download the appropriate claim and present it to the seller: Claim for failure to provide complete and reliable information about the product purchased remotely

In case of refusal of the goods, the seller must return to the consumer the amount of money paid under the contract, with the exception of the seller's expenses for the delivery of the returned goods from the consumer, no later than ten days from the date the consumer presents the relevant demand.

Note: Refundable any goods, purchased via the Internet, even technically complex and goods from the list of non-returnable goods.

Defective goods

If defects are found in a product purchased remotely (in an online store), you have the right to:

replacement for a bed of another type with recalculation of the price;
reduction in the purchase price;
free repair or repair compensation;
refund.

If you have been delivered goods with violations, such as quantity, assortment, quality, completeness, container and (or) packaging of goods, you can notify the seller of these violations no later than 20 days after receipt.

The seller is obliged to accept the goods, perform a quality check or examination. Based on the results, a decision is made on the satisfaction of your requirements. If you disagree with the results of the examination, you can challenge them in court.

If you bought a defective bed on credit

If the seller is ready to return the money for the goods purchased on credit or on a loan, then the following rules apply:

You must return the amount in the amount of the loan repaid by that time with reimbursement of the fee for providing the loan, i.e. interest.

In the case of a consumer loan (loan), you must return the amount paid for the goods and reimburse interest and other payments under the loan agreement.

Frequent problems

The seller refuses to accept the bed for warranty repair and sends it to the manufacturer's service center.

You have the right to file a claim with both the seller and the manufacturer. By sending you to the manufacturer, the seller wants to relieve himself of additional responsibilities.

During a visual inspection, the seller blames the buyer for the breakdown and refuses to accept the bed under warranty

If you are sure that the malfunction was not your fault, ask for an examination.

If you have already tried to return the goods to the store and were refused, ask our lawyer and he will tell you how to proceed in your situation.

The law on the protection of consumer rights of the Russian Federation states that the manufacturer independently sets the warranty period for furniture (products, services). The period of time during which the furniture can be replaced or repaired at the expense of the manufacturer, if not mechanical damage during operation by the consumer, as well as in case of malfunctions caused by flooding and other natural disasters. The warranty period is determined by the factory and can vary from 6 months to 5 years, individually.

The obligations of the manufacturer to the buyer are determined by the law "On Protection of Consumer Rights" and the Civil Code of the Russian Federation. Here is a detailed description of the rules for buying and selling. The period during which the furniture is used and operated with a warranty period for the repair and elimination of factory defects (defects) at the expense of the manufacturer is called a warranty. Confirmation is the presence of a payment receipt or the warranty card itself. Its term starts from the date of purchase of products or factory production, if the sale of the product is not recorded in the passport.

Furniture products are not subject to return or exchange, as they are included in the list of non-food products. The buyer has the right to refuse to purchase before the transfer of the goods (products) to the consumer, paying part of the cost specified in the agreement or contract concluded earlier. However, there is no question of a return or a full exchange. When choosing furniture, care and caution should be exercised. Measure, double-check and reflect on the color, dimensions and model in advance, since the manufacturer is responsible for the quality of the furniture, and the consumer is responsible for the choice.

The warranty period for the furniture is indicated in the passport or coupon, and is issued along with the purchase receipt.

This document provides for the repair and repair of the product at the expense of the manufacturer, but has some subtleties that the buyer may encounter.

Legal advice is required when reviewing the terms of the warranty. Be careful, specify in detail everything that is indicated and spelled out, especially in small print, as it was said above that furniture is not returnable.

The period during which free repair of furniture products is possible is usually from 12 to 18 months, but is fixed individually by the manufacturer. The warranty may be amended during promotions or holiday discounts, so use caution and check with your consultant or facility manager for details.

With regard to repairs, the warranty does not cover defects caused by:

flooding, fire and other emergencies or natural disasters (causes beyond the control of the parties);
if traces of chemical, thermal or mechanical damage are found on the product;
malfunctions due to normal wear and tear of the product;
in case of improper transportation performed independently, assembly of the product or change in design;
violation of the rules of operation, intentionally caused damage.

The warranty also does not cover:

expiration of the warranty period;
no manufacturer's warranty;
lack of a guarantee from the buyer;
unilateral amendments to the text of the warranty card.

In case of violation and non-observance of the operating rules, the manufacturer is not responsible. The cost of damage in this case is determined by the factory in full or in part.

At the expiration of the warranty period, at the discretion of the manufacturer, an agreement on additional obligations may be adopted ( the federal law dated December 21, 2004, art. 171).

For more details, the buyer should read or, in order to avoid subsequent problems when buying furniture.

Exchange or refund?

As stated above, the exchange of furniture is not possible if it is a headset or furniture sets. However, if there is a flaw or defect in the furniture, the consumer has the right to demand its replacement, in accordance with Article 18 of the Law on the Protection of Consumer Rights of the Russian Federation.

You can return furniture in a single configuration if it:

not damaged;
has not been used and has retained its presentation, factory labels, instructions, packaging and more.

14 days are allocated from the date of purchase, a purchase receipt is presented and there is an opportunity to return the money.

If the goods are not available on the day of payment and the conclusion of the contract, the buyer has the right to refuse the purchase services and demand a refund. This request can be considered within 3 days.

If the payment is made in advance or if it is a partial advance payment, it is necessary to conclude an appropriate agreement signed by both parties. Any document is legally binding, so carefully study the seller's company name and legal address (they often differ).

The contract should include items such as:

surname, name and patronymic of the consumer, address of delivery of goods;
full factory name of furniture, supplier's article;
the number of items in the paid order (if it is a headset or a set);
additional services such as delivery, assembly and others, service duration and price;
list of obligations between the buyer and the manufacturer;
delivery period.

The buyer has the right to cancel his purchase before specified period delivery of goods, paying only the amount of the penalty, at the request of the manufacturer. If the seller refuses to transfer the goods to the buyer, the contract of sale is terminated.

In case of non-compliance with the established deadline for the delivery of goods on advance payment, the buyer has the right to demand a refund of the amount paid earlier.

Delivery of goods in a new period specified by the consumer and a penalty, in the amount of 0.5 percent of the prepayment for each day of delay of the goods, is prescribed by law.

If defects or defects are found in the goods, which was not discussed in advance, the buyer has the right to demand:

eliminate defects or reimburse in full the cost of correction;
request a reduced price of the product in accordance with the quality of workmanship;
replace the product with another brand, color, model, collection or manufacturer with recalculation;
termination of the contract of sale.

Return of furniture in such cases is made at the expense of the factory. The buyer can indicate these requirements in writing or orally by contacting the store where the purchase was made.

During the warranty period, the manufacturer is obliged to accept the goods, carry out a quality check of non-conformity and an examination, if necessary. The buyer, in turn, has the right to take part in the examination, observe the process and appeal against the conclusion in court.

If the warranty period has not been established by the manufacturer, or has expired, but the product has defects due to the fault of the manufacturers, the buyer may demand an extension of the warranty period to two years if he can prove the non-conformity of the quality of the goods due to factory fault. Thus, the examination of the goods is carried out at the expense of the consumer.

Furniture is most often delivered unassembled, so it is advisable to check the availability of assembly instructions, a scheme for installation and dismantling, as well as instructions for caring for furniture. Count the availability of all necessary materials, them appearance, since furniture is often deformed during transportation. If it is impossible to inspect the goods, then upon receipt, write down “accepted without inspection” on the invoice. Such a mark can protect when proving the non-conformity of the goods. If the terms of the contract are violated, for example, they brought a different color of the goods, there are not enough details, the size does not correspond to the requested one, then the buyer's complaint is made in writing no later than twenty days from the date of receipt of the goods.

Period of warranty repair of furniture according to the law

By law, the warranty period is suspended while the furniture is being repaired, or extended until the furniture is returned to the consumer. If there are litigations, the warranty period is also extended for the duration of the meetings, if the decision was made in favor of the consumer.

If, during the repair of furniture, a separate component part is replaced, for which another guarantee was allocated, then its period begins from the day the furniture was delivered to the consumer, the same period as before the replacement.

There are also non-warranty cases when a breakdown occurs due to the fault of the buyer, for example:

misuse;
improper storage;
other intentionally caused defects.

The manufacturer has the right to refuse, or to request a price for repairs.

When purchasing a product, it is useful for the buyer to know that there are primary and secondary repairs. The difference is that with such repairs, consumer rights increase.

In the case of the primary, the buyer has the right to demand the elimination of defects and compensation for the costs of self-repair.

If the guarantee is used a second time, then it is possible to demand:

replacement of goods with a similar one;
to another model with recalculation;
full refund of the cost of the goods;
reduction and return of the price;
repair compensation.

In case of repeated repairs and the discovery of significant defects, the buyer has the right to demand a full replacement for the same product without defects, or a refund.
There are two options for repairs in terms of which should not exceed 45 days, with a written agreement of the parties and the appointment of a date and the immediate correction of defects. It is considered valid from the moment the furniture is handed over until it is returned to the buyer with elimination and correction.

If the deadlines are delayed, do not leave it unpunished - demand a replacement for a similar product in a different color. For example, to reimburse money for furniture, a penalty or a penalty for each day of delay (calculated at 1 percent of the purchase price for 1 day of delay).

The seller must be notified in writing of the need to pay for the delay, otherwise the buyer's right to compensate for the penalty is considered unused.