Can I return a bed of proper quality to the store if it does not fit the dimensions? Warranty period for furniture Who pays for delivery when returning furniture.

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 according to individual 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 problem 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 be provided with a replacement within 3 days.

How to return a defective bed under warranty

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 cash receipt, sales receipt, warranty card, etc.).
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.
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.
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.
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 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 can also serve as a reason to return it to the seller and get your money back. 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 the amount 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 repairs 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 repairs 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.

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 for himself new bed, wants his 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 will 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, in parentheses there is additional information: "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, except for the explanations given to the list items in brackets as closed lists that have mandatory application, then any piece of furniture, regardless of whether the item is part of a set or set, cannot be exchanged or returned on the basis Article 25 of the Law "On Protection of Consumer Rights".

The items in the List indicate the types of goods to which this article applies, and in this case the legal norm has direct effect. 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 this type of goods such 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 mandatory application subject to the general concepts of the List, set out item by item outside the brackets. 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 others controversial issues legislation on consumer protection, judicial practice often differs from theoretical calculations. Judges often do not have the time to deal with the complexities of presenting thoughts in Government decisions; 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 of non-food products of good quality that 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.

Quite often in furniture stores there is an advertisement: “Furniture cannot be exchanged or returned”. Store employees can also verbally state such rules adopted in their establishment.

However, such statements, to put it mildly, craftiness. Furniture is an ordinary product, the sale, return and exchange of which is regulated by the law “On the Protection of Consumer Rights”.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact the online consultant form on the right or call free consultation:

With regard to furniture, this law has several subtleties that should be understood.

You can find out who can be a consumer and who cannot from ours.

Is it subject to exchange or return?

By Russian legislation to the buyer granted the right to return low-quality or other furniture, which has significant deficiencies not only during the warranty repair period, but also after its completion.

In addition, according to the same law, the buyer can return furniture of proper quality, however, such a return has significant restrictions.

Which one I didn't like

You should know that the buyer has every right to exchange furniture if it does not suit him for one reason or another, also the buyer is not obliged to explain and justify the reasons for the return or exchange.

According to Decree of the Government of the Russian Federation No. 55, the exception is furniture sets or kits that belong to the category of complex technical products.

By law, the seller is not obliged to exchange such headsets or return the money paid by the buyer for them. Thus, in the case of purchasing a separate piece of furniture, for example, a table or sofa, the buyer can return them to the store.

Can I return it to the store? jewelry made of gold? find out right now.

Within 14 days

The main condition for returning a piece of furniture of proper quality is period of its acquisition.

The consumer has the right to return quality furniture within a period not exceeding 14 days from the date of purchase.

When contacting after the due date, the seller has the right to refuse the buyer an exchange or return.

If it doesn't fit in size

Return upholstered furniture, which does not suit the buyer with its size, is also regulated by the Law “On Protection of Consumer Rights”, which states that the buyer can return or exchange furniture in a situation where it does not suit the consumer in terms of size, style, consumer qualities and other reasons.

Consequently, the buyer can return unsuitable furniture if the terms and conditions of return are met.

Made to order

Unlike factory-made and other furniture sold in stores (for example, in “Lots of Furniture”), a project of custom-made furniture , agreed in advance with the buyer, the guarantee of which is an agreement concluded between the customer and the manufacturer.

In this situation, the manufacturer provides services for the production of furniture, due to which Articles 28 and 29 apply. "Law on the Protection of Consumer Rights". According to them, the buyer is provided possibility to return furniture in a situation where:

According to the law, a significant defect is considered to be a defect that cannot be eliminated or reappears, or a defect that requires elimination. large time or financial costs.

Thus, it will not be possible to return custom-made furniture to the manufacturer that does not fit for any reason.

To return or exchange furniture of inadequate quality, you will need to prove the presence of a defect or a violation of consumer rights specified in the service agreement.

Refund procedure

How to return furniture back? Furniture return rules and refund conditions cash depend on the nature of the complaint buyer to seller and violations committed.

For quality

In order to return quality furniture to the store, the following conditions must be met:

This must be separate piece of furniture, which does not fall into the category of complex technical products (furniture sets and sets).
The deadline for filing a claim is less than 14 days from the date of purchase, while keeping the receipt for the purchase of the piece of furniture.
Furniture has not been used, the presentation and appropriate consumer qualities have been preserved, it is desirable to have the original packaging.

Subject to these conditions, the buyer has the right to contact the store, if necessary make a written statement for an exchange of a piece of furniture or a refund.

If the seller does not have the corresponding item for sale on the day of contact, the buyer has the right to demand a full refund of the money that must be returned to him within 3 days.

We offer a sample claim for the return of furniture of proper quality.

Incomplete or different color

In a situation where furniture of a different color is brought, as well as when there are no necessary details or part of a piece of furniture or furniture set, the seller violates the contract, concluded between him and the buyer.

If the buyer discovers a shortage or incorrect color, size, design of furniture before signing the acceptance certificate, the defect should be indicated in this act.

Often the acceptance certificate contains a clause stating that there are no claims on the part of the buyer, therefore, in the case when there is no way to immediately check the completeness, you should write in the act: “I accepted the goods, I will inform you about the presence or absence of defects after installation.”

If you discover incompleteness or identified deficiencies, you should file a claim and proceed in the same way as when purchasing low-quality furniture.

For poor quality

In order to return the funds paid for low-quality furniture, a written complaint must be made, the claim must justify the reason for the return and indicate the buyer’s requirements (exchange, return, correction of defects, etc.). Then follows:

contact the store with a verbal request to return or exchange furniture;
in case of refusal, hand over a pre-drafted claim to the seller’s representatives;
provide a piece of furniture for an independent examination, the services of which are paid for by the seller.

The maximum period during which a piece of furniture is undergoing independent examination, is 5 days.

If the buyer's claims are considered justified, the seller must replace a piece of furniture, correct the identified deficiencies or within 10 days.

If the seller refuses, the only recourse for the buyer is legal action remains. You should also remember that if the piece of furniture is large (weight exceeds 5 kg), then its transportation is carried out by the seller.

To return furniture with defects.

Penalty for failure to deliver on time

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

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

Sample claim for violation of furniture delivery deadlines.

How can I get my money back if I haven’t received it?

If the seller does not deliver the furniture, then the buyer should make a written claim indicating violation of the contract by the seller between him and the buyer.

The seller is obliged to return the money within 10 days after submitting a written claim.

If the seller refuses to comply with the customer’s requirements, then the only remaining method for a refund is filing a claim in court to the seller.

Thus, furniture is practically no different from other consumer goods; the conditions for its return are regulated by Russian legislation.

The buyer has the right to return or exchange furniture, if the terms of the contract are violated, be it the terms of its implementation, conditions or subject matter.

Exchange or return of low-quality furniture is possible, and furniture that is incomplete or does not comply with the contract is possible if such a fact is indicated in the acceptance certificate.

Return of high-quality but unsuitable furniture, limited to 14 days and product category(does not apply to furniture sets). In case of violation of these conditions by the seller, the buyer has the right to appeal to the judicial authorities.

Statement of claim to the court for the return of money for furniture.

You can learn about consumer rights to return furniture to a store from the video:

Sellers often refuse to fulfill consumer demands, citing legal provisions that limit 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 unlawful, so recourse to the law is necessary.

Is the bedspread 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 carrying out retail purchase and sale transactions:

Art. 497- the procedure for providing services and returning products during remote sales;
Art. 495- the seller’s obligations to provide information about the product in writing;
Art. 502- the emergence of the right to exchange products of appropriate quality;
Art. 503- the rights of the buyer if they are found in the product due to the fault of the seller or manufacturer;
Art. 504- recalculation of the purchase price when replacing a product with a similar one.

Provisions 2300-1 Federal Law on the protection of consumer rights:

Art. 10- obligations to provide reliable information about the product in writing;
Art. 12- liability for failure to comply with the requirements of Art. 10;
Art. 18- consumer rights when purchasing defective products;
Art. 21- the right to return faulty and defective products;
Art. 25- the right to products whose quality corresponds to the declared one;
Art. 26.1- features of remote transactions.

The current list has been expanded by Government Resolution No. 55, which limits the right to exchange or return certain non-food products.

Is it possible to return the bedspread to the store?

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

With appropriate quality.
If a defect is detected.
When purchasing remotely(any quality).

Return times:

7 days- when selling a product after familiarizing yourself with a sample: through the website, catalogs, etc. (Article 26.1);
three months- at remote method purchases 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 art.);
14 days- for direct sale and (25 items);
during service life or in case of inadequate quality (Article 19);
2 years- if a product of inadequate quality is not accompanied by a warranty card (Article 19).

Proper quality of bedspread

According to Government Resolution 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 only relevant for textile products sold by the meter.

Consequently, the buyer can make a corresponding demand subject to a number of conditions:

consumer and external properties of the bedspread must be preserved, which implies the absence of visible damage, signs of washing and wear;
subject to the deadlines established by law(14 days);
if available, indicating the purchase of the bedspread from the seller to whom the demand is addressed.

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

To return a bedspread purchased directly from the seller you must:

Contact the store where you purchased it.
Provide a blanket, as well as accompanying items, production attributes (tags, labels, etc.).
Provide a check and(if available).
Fill out 2 copies of an application requesting an exchange.
If there is no similar product, fill out 2 copies of the application requesting termination of the transaction.

When purchasing remotely:

Contact support on the company website or by phone hotline.
Place the blanket in the package, attach all attributes included at the time of delivery, receipt.
Attach an application with a request for a refund.
Send the parcel by postal service with a description of the contents and about delivery.

According to Art. 26.1 ZPPP, the seller is obliged to reimburse the consumer only for the money paid for the product. Return shipping costs are non-refundable.

Inadequate quality

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

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

To return a bedspread, you must:

Contact the location of the food outlet where the product was purchased.
Provide a blanket, packaging, receipt, warranty card(if available), production attributes.
Write 2 copies of the application with the nomination of one of the requirements provided for in Art. 21 ZPPP.

If the seller insists on the goods through an examination, then you must give your consent. The period for conducting diagnostics cannot exceed 20 days (clause 1, article 21 of the PZPP). A refusal on the basis of the absence of a receipt or other payment document in relation to goods of inadequate quality is unlawful (clause 5 of article 18 of the PZPP).

What products are not subject to return by law?

List of products that cannot be returned or exchanged on the basis of Article 25. The PZPP is established by Government Resolution No. 55. It includes:

, pharmaceutical products, personal hygiene items;
knitwear and textile products(sold by the meter), hosiery and sewing products;
kitchen and tableware, polymer products in contact with food;
household chemicals and chemicals;
, numbered units, motorcycle and bicycle products, technically complex devices;
products from;
weapons products;
products;
goods of animal and plant origin.

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

Procedure in case of refusal of return

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

The application period has expired in accordance with regulations or a warranty card;
there is no receipt or other proof of purchase of the product from the seller(for goods of proper quality);
Products cannot be returned according to law;
consumer properties and presentation are lost;
the consumer's fault in causing the deficiency has been proven.

If these conditions are met, and the seller refuses to fulfill the consumer’s demands, then the following should be done:

Duplicate an application requesting a refund to the name general director organizations.
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 demands are not met through pre-trial settlement, file a complaint with, and then with (if necessary).

Some consumers do not return textiles to the seller if it does not suit them according to any parameters, mistakenly believing that this is contrary current legislation. If the product was not released according to the meter, it must be returned and exchanged for general principles. Thus, you can return the bedspread to the store even if it is of proper quality.