Legislative basis and warranty for furniture.
What warranty period exists for furniture is regulated by the Labor Protection Code; this is the main law on which the consumer relies if he has purchased a low-quality product.
According to Art. 5 of this regulatory act, “guarantee” means a period, a time period within which the buyer can contact the furniture seller to eliminate defects or return the money for the purchase.
It can be installed either by the manufacturer himself or by the seller (intermediary). Important! Furniture manufacturers are not required to issue a warranty for all products.
Responsibility for eliminating defects applies only on a voluntary basis.
For a certain time, which is chosen by the manufacturers themselves, sellers can apply the general rules that are prescribed in the PZPP.
Based on Art. 18, a buyer who purchased defective furniture may require:
- Replace a piece of furniture (set) with an analogue of equal value.
- Reduce the price (discount for defects).
- Replace with another set with a change in cost (additional payment or payment of the difference).
- Eliminate defects at the expense of the manufacturer (seller).
- Refuse the purchase and return the money spent.
In addition to the PZPP, there is another by-law - Government Resolution No. 55.
The list under clause 114 contains the rules that must be followed when selling furniture products.
Provisions of the Law “On Protection of Consumer Rights” for returning furniture to a store
Law No. 2300-1 “On the Protection of Consumer Rights”, among other issues, regulates the rules for returning goods to the seller of both proper and inadequate quality. Since any pieces of furniture are consumer goods, the provisions of the law fully apply to them.
According to Art. 18 of Law No. 2300-1 , the buyer, if defects are discovered in the purchased furniture, may demand from the seller:
- timely elimination of defects;
- replacement with a similar product;
- proportionate reduction in price;
- termination of the contract and return of funds paid
Law No. 2300-1 also establishes that the buyer has the right to return goods to the store without giving reasons, but within a certain time. This provision partially applies to furniture.
Main nuances: objects and accessories.
The manufacturer is responsible for the quality and complete set of small, medium, large parts (hinges, stands, legs, etc.) that make up the piece of furniture.
If we talk about accessories, they fall under clause 116 of RF PP No. 55, which states that the manufacturer or seller must personally check the quality and equipment before sale.
They are the ones who are responsible for shortcomings, incomplete sets of parts (completeness of assembly), and also conduct examinations in case of controversial issues and detection of defects.
Important! Sometimes the manufacturer/seller talks about “global standards” on which he relies in controversial issues that arise during the operation of furniture.
This is not provided for by Russian legislation and warranty obligations must be based specifically on the set of rules/laws provided for in the Russian Federation.
Returning a sofa: how to file a claim and get your money back.
if the warranty period is not established or has expired
If a warranty period has not been established for the sofa by either the seller or the manufacturer, then claims related to defects in the product may be submitted by the buyer to the seller or the organization performing the functions of the seller, provided that the defects were discovered within a reasonable time, but within 6 months from the date of transfer of the goods to the buyer (in relation to real estate - no later than two years from the date of its transfer to the consumer).
You can almost always return an item! The main thing is to know the procedure and use the law correctly. Get information for free from lawyers via chat (bottom right ↘️) or via this link.
When determining the reasonableness of the terms, it is recommended to proceed from the warranty periods established by state standards, and if they are not established, from the indicators of product durability established by regulatory documents on standardization.
The furniture warranty starts after the sale.
The warranty period for furniture begins (according to Article 19 of the Labor Code) from the moment the buyer receives the goods in his hands.
If the transfer time is not precisely established, then the countdown begins from the moment the piece of furniture is released. The warranty for components is equal to the validity period for the complete set, unless otherwise stated in the internal instructions.
Important! The warranty obligation works if it is established directly by the seller. The manufacturer cannot be responsible for quality forever.
According to the law, the warranty period is the limit during which the buyer can demand that defects in the furniture be eliminated.
According to the PZPP Art. 5 clause 6 and clause 7 it follows that if the manufacturer has not indicated the warranty period, it is established by the seller. If no one did this, then according to Art. 19 it is 2 years.
The type of product is also taken into account, so the warranty period for upholstered furniture is longer than for an office chair or furniture for use in a public place (bedside table in a hospital, chair in a waiting room, etc.).
Important! Typically the warranty period is 12, 18 or 24 months.
The manufacturer can provide a 5-year warranty on imported furniture.
Purchase and sale agreements usually indicate that within 6 months.
The buyer has the right to make a claim to the seller, and then only to the manufacturer.
Reasons for returning furniture
You can return furniture to the store on the following grounds:
- defects were found in the products, including significant ones (the furniture is of poor quality);
- the product is of proper quality, but does not fit in style, size, dimensions, color, configuration, consumer qualities, etc., that is, based on the simple will of the buyer.
However, the second case does not apply to all furniture products. For certain types of furniture, the law does not establish the seller’s obligation to terminate the sales contract and return the money to the buyer. In this case, termination of the contract can be carried out only with the voluntary consent of the seller.
What cases are not covered by the warranty?
In most cases, defects in purchased products are not immediately identified by the owner. Taking advantage of the fact that the return period is clearly established and recorded in the passport for the facility, the citizen applies to the store, but is refused.
This situation is possible in the following cases:
- the subjects of dispute were damaged as a result of natural disasters: flooding, fire, earthquake, other negative conditions that affected them while they were at home;
- delivery and assembly of furniture was carried out independently (without the participation of store specialists), during these activities the quality of the products deteriorated;
- property damage occurred as a result of improper operation, in non-compliance with the provisions of the product passport;
- defects were formed due to improper transportation (sometimes citizens use the services of other companies or cargo carriers). If the defect arose through their fault, the claim procedure will be carried out specifically with the organization that carried out the transportation;
- During the examination, traces of chemical, thermal, and mechanical effects were revealed;
- interior items were damaged due to the fault of the owner or third parties.
IMPORTANT! The store will find out why the defects occurred by conducting a specialized examination at the service center. If the buyer is not satisfied with its result, he can carry out a similar procedure in another organization that has the competence to implement such measures.
Deadline for fulfilling buyer requirements after receiving a claim
All defects indicated by the buyer in the complaint are required by law to be corrected by the seller or manufacturer within 45 days. If the maximum period has passed, the buyer can demand a legal refund. It should be remembered that claims for warranty service and repair of furniture will not be accepted from unauthorized persons. Only the buyer whose name is written on the warranty card can apply.
If we are not talking about repairs, but directly replacing the product, then the manufacturer must fulfill the buyer’s requirements within 7 days after accepting the claim (with the exception of individual cases when similar products are not in stock: the period increases to 30 days).
If the seller has not fulfilled the requirements set out in the complaint, the buyer has the right to demand back the invested funds and payment of penalties for each overdue day (the amount is 1% of the total purchase amount).
Features of purchasing in online stores
Online furniture sales are becoming increasingly popular. In accordance with clause 8 of the Rules for the sale of goods remotely, the seller’s responsibilities include full notification of the buyer about all the qualities of the goods, defects (if any), negotiate the terms of purchase (including delivery in a way convenient for the client), service life and warranty period of the furniture - all this must occur before the purchase and sale agreement is concluded. The seller is also obliged to provide the legal address of the organization authorized by the manufacturer to accept claims or repair the product.
Important! For late delivery, the seller bears financial responsibility and is obliged to pay the buyer a penalty - 0.5% of the paid price of the furniture for each day of delay.
In what cases is it necessary to establish a service life?
According to the law, the manufacturer must determine the service life of durable goods. This also applies to components, which over time can:
- be dangerous to the life and health of the buyer;
- cause damage to property.
The list of such goods and components is approved by the government and includes upholstered furniture, including sofas. The service life of a sofa made of leatherette or eco-leather by law does not exceed 10 years; some manufacturers reduce it to 18 months. For imported products, warranty service is provided for five years.
In what cases is warranty service not provided?
The manufacturer has the right to refuse warranty repairs or replacement of upholstered furniture if it:
- traces of independent/unprofessional intervention were found, not confirmed by the examination report, and not previously agreed upon with the manufacturer;
- residues of liquids, chemicals, solvents, animal waste, scratches;
- at the time of operation the permissible load indicators are exceeded;
- the results of force majeure circumstances are visible (fire, flooding, earthquake, etc.);
- The design has been changed, the integrity has been compromised.
Also, the transfer of upholstered furniture for use to third parties and its use for other purposes deprive the buyer of the right to warranty service.
Important: if the breakdown is caused by violation of operating standards, then repairs are carried out at the buyer’s expense. However, such a violation must be proven by the results of an independent examination. If experts do not establish violations of operation on the part of users, the manufacturer independently carries out repairs or replaces the broken product.
Warranty period for furniture
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.
The warranty period is determined by the factory and can vary from 6 months to 5 years, individually.
Furniture warranty
The manufacturer's obligations to the buyer are determined by the law “On the Protection of Consumer Rights” and the Civil Code of the Russian Federation. 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 the product shows traces of chemical, thermal or mechanical damage;
- 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 of December 21, 2004, Article 171).
The buyer should read or download the law on consumer protection in more detail in order to avoid subsequent problems when purchasing furniture.
Exchange or refund?
As stated above, it is not possible to exchange furniture 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. 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 contract 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;
- Estimated 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.
Read the Chernobyl Law
If the established deadline for delivery of goods upon advance payment is not met, 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 and 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.
We recommend that you study the provisions of the Federal Law on postal services!
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 are legal proceedings, the warranty period is also extended for the duration of the hearings, 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 within 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.
If you have questions, consult a lawyer
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What to do when purchasing
All information about the warranty must be indicated in the warranty card for the purchased furniture, a sample of which must be given to the buyer along with a receipt at the time of purchase. By issuing such a document, the manufacturer or seller regulates its obligations to repair, repair or replace the product if a breakdown occurs during operation. However, the coupon also has its own subtleties.
The best option is legal advice, since some conditions may be written in small print and not noticeable. In any case, you should carefully study the document, clarifying all the nuances. For example, some sellers may make adjustments during promotions (such as special discounts during the holidays), reducing the period in which you can file a claim.
The beginning of the warranty period, as a rule, is the day on which the purchased products are delivered (signing a transfer and acceptance certificate form will help to record this moment). If the furniture needs to be assembled, then only from the moment of assembly.
Important! It is worth taking a responsible approach to checking the necessary components. A thorough inspection of the fittings, the appearance of surfaces, glass or mirrors (if present) will protect you from unpleasant moments in the future.
If there are still defects (for example, chips or dents, cracks or scratches), the buyer must contact the seller or manufacturer, filing a competent claim. The list of rights that the buyer has can be found in Article 18 of the Law of the Russian Federation “On the Protection of Consumer Rights”:
- refusal to purchase (all money paid for the product is returned);
- replacement of damaged products with a similar product or products of a different brand or model (in this case, the seller is obliged to recalculate and return the difference);
- free repair or replacement of defective parts or full compensation of all costs and expenses required to eliminate defects;
- requirement to revise the residual value downward due to defects.
When making a request to reduce the cost or compensate for the costs incurred by a defective product, the seller or manufacturer is obliged to resolve the issue in no more than 10 working days. At the same time, the presence of a receipt is an optional condition; the buyer has the right to file a complaint even in the absence of a cash or sales document.
Important! In cases where the buyer, for some reason, was unable to inspect the goods before acceptance, this fact must be indicated in the invoice (as a rule, the note “Accepted without inspection” is made there). This option is a certain protection of the buyer’s rights in the event that the product does not meet the stated requirements or GOST.
Service life of furniture according to GOST
When long-awaited and expensive upholstered furniture appears in the house, no one thinks about guarantees and service life. However, they need to be taken into account at the stage of choosing a sofa.
Characteristics, period of use, manufacturer's guarantees: every nuance is important.
We suggest you figure out how long upholstered furniture should last, who sets this period, and from what moment the countdown begins.
The service life of a sofa according to GOST is the time period during which the manufacturer guarantees the buyer the quality of the product and, if necessary, bears responsibility for violation of these guarantees. Assembling and disassembling furniture can be done by the consumer independently at home; this does not require special knowledge and skills; just read the instructions carefully.
High-quality furniture made using modern technologies does not require additional connecting elements. The main condition for compliance is that the furniture is assembled by at least two people. Illegitimate or incorrect assembly will lead to defects and damage during operation.
In this case, the manufacturer declines any responsibility for the breakdown.
From the moment of purchase, the consumer has the right:
- possession, disposal and use of the product;
- for repairs and warranty service;
- to eliminate significant deficiencies free of charge;
- for damages.
If the period of operation of the sofa is not established, the provision of the above rights is ensured by the manufacturer for ten years. Therefore, most manufacturers reduce the service life of the product by indicating it in the warranty card. According to Art.
5 of the Law of the Russian Federation “On the Protection of Consumer Rights” (hereinafter referred to as the Law), the manufacturer has the right to independently determine the duration of the warranty period for the furniture.
If during this period significant defects or breakdowns are identified in the product, the manufacturer must satisfy the buyer's claims.
Important: by law, the manufacturer is obliged to repair or replace a product if the latter does not meet the specifications or has hidden (latent) defects that were not identified during a preliminary inspection.
When purchasing a sofa, it is necessary to check all components and inspect the surface for damage. Be sure to keep the packaging, receipt and warranty card. If defects are identified at the time of acceptance and delivery, they must be indicated in the defect report. If the furniture is accepted without recording the defects, the buyer does not have the right to refer to them in the future.