The customer installed the bed frame incorrectly and voided the warranty. Warranty period for furniture. What the buyer has the right to demand

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

Our recommendations are based on the Law “On Protection of Consumer Rights” and information from our lawyers. If you have already tried unsuccessfully 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 proper quality?

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

You have decided to return the bed of proper quality. There are different reasons for returning:

• I didn’t like the product: its color, shape, size, doesn’t fit the interior, etc.
• We were in a hurry with the purchase (we found it cheaper or picked up other furniture), changed our minds

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

In accordance with Article 25 of the Law “On Protection of Consumer Rights”:
The buyer has the right to exchange quality furniture within 14 days, not counting the day of purchase, if the furniture:
A) is not a furniture set or furniture set (consisting of several products)
B) has not been used, has retained its presentation, consumer properties, and 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, the seller is obliged to return your money.

Difficulties with returns may also arise if the furniture was made to order for you. custom sizes.

How to return a bed with a defect under warranty?

Has it been less than 15 days?

If a defect is detected 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 similar ones with a recalculation of the price.

Important: the countdown of the period begins from the moment the goods are received. If you paid for the product and it was delivered to you a week later, then the non-guaranteed return period 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 quality control, then within 20 days).

Important: if the price of a product has increased since the date 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 warranty repairs of the product.

Although, if the repair lasts more than 45 days, or the fault turns out to be unrepairable or recurring, then you have the opportunity to demand a replacement or refund.

You can also demand compensation for losses associated with the sale of a device of inadequate quality to you. For example, compensation for the costs of transporting goods to the place of repair.

Here are a few claims, among which you will find the one that suits you:

Replacement during repair

While you are waiting for the product to be repaired or replaced, you can request a replacement from the seller during this period. You must receive a replacement within 3 days.

How to return a defective bed under warranty

1. if the warranty period has not expired, you should contact the seller (manufacturer, importer) with a written claim, drawn up in duplicate, with clearly stated requirements (copies of all necessary documents are attached to the claim, for example, a sales receipt, sales receipt, warranty card, etc. .).
2. the seller accepts the product and replaces it with another, or conducts a quality check (in your presence). Don't forget to get an acceptance certificate from the seller.
3. During the inspection, the seller is interested in establishing that the cause of the problem was your fault, so we recommend that you be present during this inspection (you have this right). The result of the check may be satisfaction of your request for a replacement, or refusal.
4. If you and the seller have a dispute 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 product. If, on the contrary, the defect arose during operation, then you will be left with faulty goods and will be required to pay the seller the costs of conducting the examination.
5. If the consumer does not agree with the seller and the results of the examinations, then he has the right to file a claim in court.

If you bought a bed online from an online store

Good quality

If the item has not yet been delivered to you, you can already refuse it. After the transfer you can refuse within seven days. If the seller does not attach documents indicating the procedure and terms for returning goods of proper quality, you can refuse the goods within three months from the moment of its transfer.

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

If the product in the online store differs from what was delivered to you, this may also serve as a reason to return it to the seller and receive a refund. In this case, you can download the corresponding claim and present it to the seller: Claim for failure to provide complete and reliable information about a product purchased remotely

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

Please note: returnable any goods, purchased via the Internet, even technically complex ones and goods from the list of non-returnable goods.

Poor quality product

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

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

If you were delivered a product with violations, such as quantity, assortment, quality, completeness, packaging and (or) packaging of the goods, you can notify the seller about 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 to satisfy 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 money for goods purchased on credit or a loan, then the following rules apply:

You must be returned the amount in the amount of the loan repaid by this time with a refund of the fee for providing the loan, i.e. interest.

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

Common problems

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

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.

Upon 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 expert 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 act in your situation.

The bed is one of the most important items in the apartment. A person spends a third of his life sleeping, and therefore good bed Everyone needs a product that provides adequate sleep. And therefore, everyone who buys a new bed wants their purchase to be of high quality and to fulfill its role properly. Therefore, the question often arises: is it possible to return a bed or other similar piece of furniture back to the seller?

How to return a good quality bed?

To return the bed good quality, just contact the store and write a statement. The seller will have to accept the application and provide a replacement. At the same time, you still have a chance to return the money spent - if within ten days they cannot provide you with a replacement, the seller will be obliged to return your money. The bed must correspond to the wishes of its owner. Therefore, often after a purchase from a citizen who has checked the bed “in use,” there is a desire to return the purchase back to the store. However, this is not at all easy to do. You cannot simply hand over furniture of proper quality and demand your money back. The Consumer Protection Law will only allow you to replace the bed with a similar model. This is convenient if the bed is a little out of size.

To carry out a return, you only need two things - you must have everything on hand necessary documents, and the bed must retain its presentation. If you have lost your receipt or damaged your bed, you will not be able to return it. Also, under no circumstances will you be able to return a custom-made bed.

Returning a bed purchased online

Online stores allow you to buy any furniture with delivery. They are very convenient because you can even choose furniture that you cannot buy in stores in your city. However, this purchasing method has a significant drawback - when ordering, you will only see your future purchase in the photo. Therefore, when you receive the goods, you may be disappointed in some way.

However, don't be upset. Returning a bed is very simple. Within seven days of receipt, you can effortlessly send your purchase back to the seller. In this case, you don’t even need to explain the reason. Please note that if the date of receipt is not indicated in any documents, then you have three whole months to return. The only condition for returning the bed is that it maintains its presentation.

Returning goods of poor quality

The most common reason for returning furniture, and beds in particular, is defective. It can be very different - from damage that is not noticeable at first glance, to poor quality materials. If you find a defect, you don’t have to immediately file a complaint - you just need to contact the seller. You can ask:

• Replacing the bed with an analogue one;
• Refund;
• Discount;
• Repair at the expense of the seller or manufacturer.

Sometimes you will still need to document the return of the goods. In this case, the seller has every right to conduct an examination in order to identify the defect and the reasons for its occurrence.

The seller refused to return the money. What should I do?

Remember that the seller’s refusal to return infringes on your rights granted to you by the “consumer protection law” and “distance selling rules.” If you have all the legal grounds for a return, then feel free to do so. In this case, you will need the help of a lawyer. He will provide assistance in filing an application, collecting documents, and defending your interests in court.

It is also worth noting the fact that sometimes it is enough to simply mention the fact that you are well aware of the law “On the Protection of Consumer Rights” and are ready to defend your interests in higher authorities - most refusals in a store are made in the expectation that the buyer simply does not know their rights or are not ready to defend them.

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

The main problem in interpreting the List is precisely this - the role of transcripts or explanations is unclear. In some cases these are examples of certain categories of goods, in other cases these are peculiar sub-lists. 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, item 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 treat the information presented in the List in brackets: either accept them as an imperative norm, or simply as examples of basic information stated outside the brackets. It must be said that the difference here is fundamental and with different approaches completely different results are obtained.

For example, what to do with 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: “Domestic furniture.” If we take this literally, it turns out that since the sofa is furniture household use, then it is not subject to exchange or return. However, there is additional information in parentheses: " furniture sets and sets." If we take this explanation literally, then the sofa is subject to exchange and return, since it is a single item, that is, not a set or set.

At the same time, if we do not consider the explanations given to the list items in brackets as closed lists that have mandatory application, then any piece of furniture, regardless of whether it is this item part of the headset or set cannot be exchanged or returned on the basis of Article 25 of the Law “On Protection of Consumer Rights”.

The items in the List indicate the types of goods to which the said article applies, and in this case the legal norm has direct action. Certain products are indicated in brackets as examples, and the list of these examples is by no means exhaustive, and this was not the goal in preparing the document. This is clearly evident from the text of the explanations given in brackets to paragraph 4 of the List in relation to such type of goods as textile products: “cotton, linen, silk, wool and synthetic fabrics, goods made from non-woven materials such as fabrics - ribbons, braid, lace and others." That is, the creators of the document directly indicated that this list simply cannot be closed.

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

However, as has already been mentioned in relation to other controversial issues in consumer protection law, judicial practice often differs from theoretical calculations. Judges often do not have the time to deal with the complexities of presenting thoughts in Government decrees, but at the same time there is often a desire to help the consumer even when he is not entirely right. Therefore, most courts interpret the List non-food products of proper quality, which cannot be returned or exchanged for a similar product of a different size, shape, size, style, color or configuration in a way that is beneficial to consumers.

Therefore, a single bed, like any other single piece of furniture of proper quality, is subject to exchange/return on the basis of Art. 25 of the Law of the Russian Federation, but this, unfortunately, depends only on the qualifications of the judge.

Furniture is a serious purchase that should be approached quite responsibly, given the fact that the product is purchased for more than one year. When purchasing furniture, we expect it to serve us for a long time.

Unfortunately, sometimes cases arise when the joy of a purchase is overshadowed and we are faced with the need to return the purchased furniture.

Can this be done and what does the law say about this? To protect the interests of buyers in Russian Federation There is a special law - “On the Protection of Consumer Rights”.

In what cases can furniture be returned?

The buyer can return the furniture to the trading organization where the purchase was made if:

• • at the time of acceptance of the product or during use, a manufacturing defect was discovered;

• The furniture did not suit the buyer in terms of color, size, dimensions or shape (this clause applies only to individual pieces of furniture.

Please note: in accordance with the legislation regulating the return of products by the client, namely, clause 8 of the List of non-food products of proper quality that cannot be returned - furniture of proper quality purchased in sets (consisting of several items) is not subject to exchange or return).

What does the buyer have the right to demand?

A consumer who decides to refuse a purchased product, say, has the right to demand from the seller:

• • replacing the purchased product with a similar one of higher quality;

• • proportionate reduction in the purchase price of the purchase;

• • full refund;

• • repairs at the expense of the seller;

• compensation for the cost of repairs.

Procedure for returning furniture

If you decide to return furniture to the store, you will have to perform a number of specific actions. Depending on the seller's reaction, the return process may take several days or may drag on for a long time.

So, if you decide to return the furniture, you need to take the following steps:

1. 1. First, you need to contact the store where you made the purchase and declare your intention to return. If the seller immediately refuses to issue a refund or replacement, we write a written complaint.

1. 1. The claim must be made in writing, in 2 copies. The first copy is handed over to the seller, but on the second copy the seller must put a mark of receipt - a signature and, of course, a date. This document remains with you. The seller must provide a response to your complaint within ten days.

1. If a response from the seller is not received within the specified period, your next step will depend on the reason for which you want to return the furniture:
   • • if you do not have significant complaints about the quality of the furniture and plan to return it because you are not satisfied with the shape, size, color or completeness, you can contact the local judicial authorities with a request to consider your return claim, which was not satisfied;
   • If there are claims regarding the quality of furniture related to manufacturing defects, and not caused by the fault of the user during use, your next step will be to conduct an examination. Moreover, if the expert’s decision is positive, the seller will be obliged not only to return the money or replace low-quality furniture with similar furniture, but also to compensate your costs for the examination.
   
   

   In what cases is it possible to return furniture of proper quality?

   

   If everything is more or less clear with furniture of inadequate quality, then when returning upholstered or cabinet furniture that does not have significant defects, certain questions may arise. In what cases does the buyer have the right to return or exchange furniture of proper quality? In accordance with the law (Federal Law “On the Protection of Consumer Rights”), the client has the right to decide to return furniture of proper quality if it does not suit him in terms of shape, color, dimensions or configuration.
   

   However, quite often sellers, not wanting to make a return or exchange, refer to the legally approved list of goods that cannot be returned or exchanged, according to which household furniture belongs to the group of goods that cannot be returned.

   It is worth noting that furniture sets and sets cannot be returned (for example, if you bought a sofa complete with armchairs or a bedroom set). Single items (wardrobe, bed, bedside table) can be returned (clause 8 of the “List of non-food products that cannot be returned or exchanged”)

   A separate aspect is furniture made to individual sizes and purchased according to samples - that is, furniture that was made individually, directly for the buyer, according to his dimensions.

   Is it possible to return furniture made to individual sizes?

   

   Making furniture to order is a fairly common way today to purchase a suitable piece of furniture for any, even non-standard, room. As a rule, when ordering such furniture, the buyer is guided by a sample displayed in the sales area. However, when ordering individual furniture based on samples, situations may also arise in which the consumer will be faced with the need to return this furniture.

   In this case, you should definitely keep in mind that in accordance with the law (Article 28 of the Federal Law of the Russian Federation “On the Protection of Consumer Rights”), custom-made furniture that does not have any manufacturing defects cannot be returned or exchanged. Such furniture has individual properties inherent only to it, and cannot be used in short term sold by the seller.

   Who pays for shipping when returning furniture?

   

   Even if you have agreed with the seller on the issue of return, situations may arise related to payment for transportation. As a rule, the seller does not want to incur additional costs, because the very fact of returning is unprofitable for him. Despite this, you should know: the seller must transport furniture to be returned (Article 18 of the Federal Law “On the Protection of Consumer Rights”) on your own, regardless of the reason for the return. Therefore, you have the right to demand that the trading company transport the furniture at its expense.

   Editorial advice: if you do not have the opportunity to study a sample and you are purchasing furniture from a catalog, ask the seller to describe to you all the functional characteristics of the products - what the furniture is made of, who is the manufacturer of the materials and accessories.

   When does the warranty not apply?

   

   The warranty period for furniture does not apply in cases where:

   • • there are traces of mechanical or chemical damage on the furniture (if it is proven that they occurred due to the fault of the buyer, and this is not a manufacturing or transport defect);
   • • the products were assembled directly by the customer and the damage was caused as a result of improper installation;
   • it is possible to record obvious violations in the operation of pieces of furniture - that is, if it is proven that the defect arose as a result of obvious violations of the rules for the operation of furniture.

   What documentation is required to return furniture?

   

   In order to return purchased furniture to the store, you need to provide the seller with the following set of documents:

   • • a well-drafted claim;
   • • cash receipt or sales receipt (you can attach a copy);
   

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 furniture can be replaced or repaired at the expense of the manufacturer, if it does not have mechanical damage during use by the consumer, as well as in case of problems caused by floods and other natural disasters. Warranty period is determined by the factory and can vary from 6 months to 5 years, individually.

The manufacturer’s obligations to the buyer are determined by the law “On Protection of Consumer Rights” and Civil Code RF. The rules for buying and selling are described in detail here. The period during which the furniture is used and operated under the warranty period for repair and elimination of manufacturing defects (defects) at the expense of the manufacturer is called a warranty. Confirmation is considered to be the presence of a payment receipt or the warranty card itself. Its period begins from the date of purchase of the product or factory production, if the sale of the product is not recorded in the passport.

Furniture products cannot be returned or exchanged, as they are included in the list of non-food products. The buyer has the right to refuse the purchase before transferring the goods (product) to the consumer, paying part of the cost specified in the agreement or contract concluded earlier. However, there is no talk of a return or full exchange. When choosing furniture, you should be careful and careful. Measure, double-check and think about 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 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, check in detail everything that is indicated and written down, especially in small print, as it was said above - furniture cannot be returned.

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

As regards repairs, the warranty does not apply to 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, carried out independently, assembly of the product or modification of the design;
• violation of operating rules, intentional damage.

The warranty also does not apply if:

• expiration of the warranty period;
• lack of manufacturer's warranty;
• lack of warranty from the buyer;
• unilateral amendments to the text of the warranty card.

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

Upon expiration of the warranty period, at the discretion of the manufacturer, an agreement on additional obligations may be accepted ( Federal law dated 12/21/04, Art. 171).

The buyer should read more in detail or, in order to avoid subsequent problems when purchasing furniture.

Exchange or refund?

As stated above, furniture exchange is not possible if it is a suite or sets of furniture. 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 as a single item if it:

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

You are given 14 days 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 conclusion of the contract, then the buyer has the right to refuse the purchase services and demand a refund cash. This request can be considered within 3 days.

If payment is made in advance or if it is a partial advance payment, a corresponding agreement must be concluded, signed by both parties. Any document has legal force, so carefully study the name of the seller’s company and legal address (they are often different).

The agreement should include the following items:

• last name, first name and patronymic of the consumer, delivery address of the goods;
• full factory name of the furniture, supplier's article number;
• 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;
• a list of obligations between the buyer and the manufacturer;
• delivery time.

The buyer has the right to refuse his purchase before the specified delivery date of the 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 sales contract is terminated.

In case of non-compliance deadline delivery of goods upon advance payment, the buyer has the right to demand a refund of the amount previously paid.

Delivery of goods on a new date specified by the consumer and a penalty of 0.5 percent of the advance payment for each day of delay of the goods is prescribed by law.

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

• eliminate defects or reimburse in full the costs of correction;
• request a reduced price for 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 purchase and sale agreement.

The return of furniture in such cases is carried out 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 for 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 the conclusion in court.

If the warranty period was not established by the manufacturer, or has expired, but the product has defects due to the fault of the manufacturers, the buyer may request an extension of the warranty period to two years if he can prove that the quality of the product is not due to the manufacturer’s fault. Thus, the examination of the goods is carried out at the expense of the consumer.

Furniture is most often delivered disassembled, so it is advisable to check the availability of assembly instructions, a diagram of installation and dismantling work, as well as instructions for caring for the furniture. Recalculate the availability of all necessary materials, their appearance, since furniture is often deformed during transportation. If it is impossible to inspect the goods, then upon receipt, write down “accepted without inspection” in the invoice. Such a mark can protect against proof of non-conformity of the product. If the terms of the contract are violated, for example, a different color of the goods was delivered, there are not enough parts, 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.

Furniture repair warranty period according to 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 is litigation, the warranty period is also extended for the duration of the meetings if the decision was made in favor of the consumer.

If, when repairing furniture, a separate component part is replaced, for which another warranty was allocated, then its period begins from the day the furniture is 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:

• improper use;
• improper storage;
• other intentionally caused defects.

The manufacturer has the right to refuse or 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, the consumer’s rights increase.

In the case of primary repairs, the buyer has the right to demand elimination of defects and compensation for expenses incurred during independent repairs.

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

• replacing the product with a similar one;
• to another model with recalculation;
• full refund of the cost of the goods;
• price reduction and return;
• compensation for repairs.

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

If the deadlines are delayed, there is no need to leave it unpunished - demand a replacement with a similar product of a different color. For example, reimburse money for furniture, penalties or interest 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 compensation for the penalty is considered unused.