According to Art. 18, 19 of the Law of the Russian Federation “On the Protection of Consumer Rights”, if a defect is detected in a product, the consumer has the right to contact the seller with a demand that the defects be eliminated or replaced with a new one, or a refund within two years, regardless of whether the product has a warranty period or No. The presence of a warranty period only affects who will examine the product - the buyer or the seller, if a dispute arises about the causes of defects. You have the right to participate in checking the quality of the product (examination), and it is better to declare your intention in writing. After two years, the consumer has the right to contact the manufacturer of the product during the service life, and if not installed for 10 years.
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How to return a sofa to the store if it squeaks. Is it possible to replace the sofa with another if there is no defect? How to get your money back Traveling to a furniture store is not an easy task for most of us. When making a purchase, we want to get furniture that will serve us faithfully for many years. The sofa is an integral part of the interior of every home, and therefore, many of the expectations placed on it by the consumer are quite high.
The buyer may have a situation when he wants to return the purchased product and get his money back.
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Return Terms and Conditions
If you purchased furniture and its quality is far from normal, then you can return it if you act within the framework of the Law “On the Protection of Consumer Rights” (hereinafter referred to as the Law). In this case, you can only claim to replace unsuitable pieces of furniture.
They are replaced with others with similar characteristics. You can return money only when the seller is unable to provide an analogue at all or is unable to provide a replacement in the near future.
Important! It must be remembered that it is not possible to replace (return) the product in every case.
For example, if a piece of furniture is part of a set, or all the furniture is made to order, then returning such items to the store becomes impossible by law. If the purchased furniture is of poor quality, the buyer can always return it.
When such a return occurs, the buyer has the opportunity to request:
- fully reimburse the entire amount spent on the purchase of furniture. In this case, the furniture itself is returned to the seller in its original form;
- replace furniture with defects with another - similar, but without defects. In this case, options with an additional payment or a discount are used. One way or another, a recalculation is made;
- reduce the initial cost of products taking into account detected defects;
- carry out free repairs to the purchased product to correct it.
Please note! If a product with visible signs of poor quality is returned to the store, the seller has the right to organize an examination. This is necessary to establish the reason for the marriage. If during the examination it was discovered that the defect arose due to operational violations (due to the user), no one will satisfy the requirements.
Confirmation of a manufacturing defect is a reason to exercise the right to return a purchase.
Some specialists conduct an examination by visiting the home of the furniture buyer. To return an item, fill out a separate form. The form may be available on the website of the company where the product was purchased.
As soon as the form is completed, you should bring the application to the seller. Be sure to take your passport with you. So you can choose between repair, replacement or return of low-quality goods.
Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.
Is it possible by law to return or exchange purchased goods in a store?
If you are faced with a situation where there is a need to return an item to the Lots of Furniture store, then you probably have a lot of questions about whether this can be done and in what cases.
Qualitative
Let's say you purchased a sofa or wardrobe that didn't suit you for some reason. But the purchased goods are of high quality and do not have any defects.
In this case, according to Article 25 of the Law on “Protection of Consumer Rights”, you can, within 14 days from the date of purchase, exchange the purchased product , if it is not suitable for any reason, for a similar one. That is, you can contact the store where you made the purchase and exchange the same sofa for a color that is more suitable, or exchange the cabinet for another whose dimensions correspond to the required ones.
According to Decree of the Government of the Russian Federation No. 55 of January 19, 1998, only furniture that does not belong to furniture sets or sets is subject to exchange and return!
Study the contract and receipt carefully. They will indicate the name of your purchase.
It is also very important to note that only new furniture that has not been used and has not been made especially for you to order can be exchanged or returned .
Only if a similar product is not available for sale, you can demand to terminate the sales contract and return your money. You won’t be able to just come and say that you want your money back.
Defective
If a product has a manufacturing defect, it can be returned during the entire warranty period or exchanged within 14 days. Report your request to the store, referring to Article 18 of the Law on “Protection of Consumer Rights”. You have the right:
- demand replacement of the product with the same one;
- replace the product with a similar one and recalculate the cost;
- receive compensation to cover the shortage of goods;
- demand the seller to carry out repairs at his expense, or reimburse the amount spent by the buyer to eliminate the defect;
- terminate the contract with “Much Furniture” and return your money in full;
- demand compensation for damage incurred due to the purchase of low-quality goods.
Return the sofa within 14 days
The product is returned by the buyer to the store or to the manufacturer mainly for two characteristic reasons:
- the furniture has signs of manufacturing defects;
- The product is not suitable for the buyer in one way or another.
Article 25 of the Law regulates the return of goods in the second case. It is determined here that if the buyer expresses dissatisfaction with the color, shape, size and other parameters of the purchased product, or it does not suit him, a return is possible.
How to return money for a defective sofa?
Within what period the seller is obliged to return the money to the buyer, read here.
How to return goods to an online store, read the link:
Important! The return period is exactly two weeks. This period begins with the date following the purchase.
For example, you ordered a sofa in a store, it was delivered straight to your home, but already on the spot it became clear that the sofa is not suitable: it is too big, does not fit in the planned place, the color does not match the wallpaper, etc., then you can return it . However, the return application must be submitted before the expiration of the specified two weeks.
How to return a sofa and other low-quality products?
Let's consider the procedure for a buyer who has purchased a low-quality product and wants to return it back to the store.
Preparing a claim
Let's say you purchased a new sofa, but after a week you noticed that it began to creak. The appearance of the product did not indicate any flaws, and the hidden flaw was revealed only during operation. In this case, the first thing you should do is provide the seller with a written claim . It must be correctly composed and formatted. To do this you need the following:
- indication of the name, location and details of the store in the upper right corner;
- there you also indicate your details as an applicant (full name, address, telephone number and details for transfer);
- in the center of the document name – claim;
- then the essence of the problem that arose with the sofa is indicated in detail;
- the final part based on your rights under Article 18 of the Law on “Protection of Consumer Rights”.
The main part of the claim must contain information about when the product was purchased and when the defect was discovered. It is important to maintain chronological order.
Be sure to indicate not only the exact day, but also the time of purchase, the item number of the product, its exact cost and the scope of the warranty period. also indicate the circumstances under which the defect was discovered and the current location of the goods .
In the final part, referring to Article 18 of the Law on “Protection of Consumer Rights”, approve your claims. Do not forget to announce the deadline according to which the seller must respond to your claim (10 days).
What should I include?
In addition to the claim, supporting documents must be attached. They are:
- a copy of the receipt received when purchasing the goods;
- copy of the warranty card;
- photographs confirming marriage, etc.
The claim is drawn up in two copies: one for you and the other for the seller. The second party must note the fact that the claim has been received. To do this, you must put the company stamp, the date of receipt and the signature of the responsible person.
Where to contact?
You can contact the store where you purchased the product directly and submit your claim for a refund for a defective product.
If you do not want to contact directly, you can send a claim by registered mail with a list of attachments . When the letter reaches the seller at his legal address, you will receive a notification of delivery.
At whose expense is delivery carried out?
In accordance with paragraph 7 of Article 18 of the Law on “Protection of Consumer Rights”, delivery of low-quality large-sized goods weighing more than 5 kilograms will be carried out at the expense of the seller. If he is not geographically located in the buyer’s locality, then he is obliged to compensate for all losses incurred in connection with sending the goods back.
Deadline for reviewing a claim and receiving money
After receiving a complaint, the seller must respond within 10 days.
Refunds are processed in the same way as the purchase. If you paid in cash, then within three days you will be given money from the cash register, and if online, then the money will be returned within 30 days, depending on the processing of the application by the bank.
How to return furniture of proper quality
Please note! According to the law, you can only claim to replace the returned sofa with another one of similar characteristics. Money can be returned only if the seller is unable to provide an analogue to the buyer in the near future.
It is not possible in every case to replace the product or return it to the store. Furniture that was made to order by the buyer, or included in the set, cannot be exchanged or returned.
Option. You bought a sofa in one of the furniture stores, but for one reason or another you no longer liked it. The sofa was just purchased, new, of good quality, never used. In this case, you can send a request to the store where the furniture was purchased and exercise the right of return.
However, when returning, you do not need to expect compensation for the amount paid. Instead of a returned piece of furniture, you can choose another one using the catalog or even directly at the warehouse. When the store does not have an appropriate replacement at its disposal, the seller will be forced to return the money.
How to hand over furniture without defects
Is it possible to return furniture to a retail establishment if it simply does not fit the design or size? The buyer has such a right, but you need to know how to return a sofa to “Much Furniture” for free, the conditions for returning it to other salons.
Furniture sets are considered a technically complex product that cannot be returned if it is of proper quality:
- It will not be possible to return part of the headset.
- We also do not accept returns on high-quality custom-made furniture.
- The store will refuse to accept furniture with damaged packaging and signs of use.
The legislation allocates only two weeks for such a return. The store may offer an exchange of goods for a similar one, but with different design features. To complete the return or exchange procedure, a standard application is drawn up. The buyer attaches a receipt for payment for furniture items to such an application.
The seller is obliged to provide a sample document and talk about the features of the procedure . If he does not provide assistance in carrying out the operation, you should seek advice from a good lawyer.
Conditions for returning a defective sofa
When you purchased a sofa, but it was later discovered that it was defective, you can return it.
When returning a product, you have the right to demand from the store:
- return all funds invested in the purchase;
- replace the product with another with similar parameters (with the possibility of additional payment or, conversely, reducing the original cost);
- return part of the funds, taking into account that the purchased sofa has defects;
- carry out repairs under warranty free of charge.
Attention! The store has the legal opportunity to initiate an examination. If upon inspection it turns out that the breakdown was the fault of the consumer, then it will be inappropriate to demand anything from the store.
For example, you purchased a sofa in one of the furniture stores. It was delivered to your home, but later it turned out that the product was defective. Report such cases to the store immediately.
A specialist who is authorized to record the presence of a product malfunction or defect will come to your home. After inspecting the furniture, a separate form is filled out together with the buyer. Then you can come to the store’s office and place your choice: repair, replacement or return.
Watch the video. How to return defective furniture:
General return rules
Furniture products are a popular group of goods; every day, individual items and entire sets and sets for various residential premises, offices, and restaurants are sold in various stores .
But often the buyer remains dissatisfied with the quality of the product or its design, performance characteristics.
And then the question arises, how to return the money for a return or exchange for another model? According to the PZPP, the buyer has the right to return both a high-quality sofa, for example, and one that was sold on the first day of use. But there are some differences in the return conditions:
- A low-quality piece of furniture can be returned during the warranty period . Also, sometimes the buyer manages to return the product after the warranty period expires. You should definitely write a complaint regarding the sale of a defective product.
- It will be more difficult to get money for returning good quality furniture . You must meet the two weeks allotted by law. Sometimes you also have to prove to the seller your right to return the goods without defects within 14 days. Why do quality furniture come back? The buyer could change his mind about the purchase, perhaps the color of the upholstery did not suit the decor.
To receive a refund, you will need to present a receipt or payment receipt. If the payment document is lost, you will need a witness present during the transaction to pay for the furniture.
If a store visits an announcement that goods will not be returned after payment or exchanged for another, this is a violation of the law and consumer rights.
ATTENTION! In any case, you need to fill out a return application, and if the seller refuses to accept it, a complaint is filed with Rospotrebnadzor or the prosecutor’s office against the retail establishment.
Lastly, if other methods have not helped to protect your rights, a complaint is filed in court. Judicial practice knows such examples; in most cases, the judicial system sides with the consumer.
Returning a custom-made sofa
If the furniture is made to order from the client, then he has a separate personal right to use the finished products.
Remember! The legislation determines that if manufactured furniture is of proper quality and fully complies with individually specified parameters, then it cannot be returned.
The fact of placing an order for the manufacture of furniture implies that the client informs the manufacturer in advance of the parameters he needs. Furniture is made in the color, size and shape as desired by the customer. Components can also be selected.
According to the law, the return of such products is not covered by Article 25. However, when even in a custom-made sofa you find obvious manufacturing defects, then this is a different question. The manufacturer is obliged to eliminate the violations or replace the product.
Here we may already be talking about delays, for which compensation can be demanded. Compensation is stipulated by the terms of the contract for ordering furniture, but it cannot be less than 0.5% of the total amount paid as an advance payment (for each of the overdue days).
How to return money for furniture purchased through an online store
When you need to return a sofa ordered online, the procedure is different. There are slightly different rules for distance selling here, so the buyer’s rights are protected precisely on their basis.
The procedure is regulated by Article 26.1 of the Law (Remote method of selling goods). The rules provide for the possibility of returning a sofa, regardless of its quality.
Please note! The period for processing the return of remotely purchased goods is 7 days (counting from the delivery date). If the date was not recorded anywhere in documentary form and no confirmation was provided to you, the period is 3 months.
When can this be done?
Now let’s figure out how long it takes to return a quality product or a product that has some shortcomings associated with poor-quality production.
In the retail network
The time frame for returning a purchased item to a store depends on its condition.
If this is high-quality furniture that simply did not suit you for some reason, then it can be exchanged within 14 days from the date of concluding an agreement with .
Can't find the item you need for exchange? Then the seller is obliged to return your money within three days from the date of your request.
If the product turns out to be defective at your home and is clearly different from the store sample, then it is easier to return the money or exchange it within 14 days. But, if the defect was hidden and discovered during operation, then you can make a claim during the entire warranty period (for furniture it is at least 12 months).
The product is replaced within 7 days, and its repair lasts no more than 45 days. The decision to terminate the contract must be confirmed by a refund within 10 days. The same period is given for reimbursement of repair costs to the buyer.
In the online store
However, if you did not purchase the product in a “live” store, but made an online purchase, then the processing period is shortened to 7 days , in accordance with Article 26.1 of the Law on “Protection of Consumer Rights”.
The purchased product did not come with any documents that would confirm the fact of purchase? Then the period increases to 3 months.
If the purchased item is in a marketable condition, then you can refuse it even before receiving it through delivery .
Deadlines for receiving money when returning goods
In cases of furniture return, the seller obliges the seller to return to the buyer the amount paid for the goods within 10 calendar days. The funds are returned in the same way they were paid.
When paying for furniture in cash at the checkout, the return process is the same - the full amount is handed over to the buyer. When conducting settlement transactions using a bank card, the money will be transferred to the same account. In this case, the period can reach 30 days (calendar). The term is directly related to the bank where the buyer is serviced.
What to do if the seller does not return the money
Remember! If the situation is such that you need to arrange for the sofa to be returned to the same store where you bought it, you first need to call the delivery department. Explain verbally what exactly you want.
Explain why you want to return the product. It is advisable if you refer to the specified provisions of the law.
As an option, come to the store and talk personally with the manager or explain everything to the manager.
If the seller does not want to respond to verbal requests and categorically does not want to meet them halfway, draw up a written request and send it by mail.
Important! The application must contain the following data:
- who is the addressee (store), indicate the exact address;
- provide information about yourself (indicate your last name, first name and patronymic, address where you live and contact phone number);
- describe all the circumstances under which the purchase was made, why you want to return the product, list your requirements;
- at the end of the application, be sure to put the current date and sign;
- Payment documents (checks, sales receipts) are usually attached to the application. Using them you can confirm the fact of purchase. If an examination was performed, please attach an expert's report.
The store has only 10 days to respond (this is a legal requirement). If there is no response during this period, or they do not want to satisfy the demands, send a complaint to Rospotrebnadzor or the Prosecutor's Office. You can also protect your rights through the court using the Law “On Protection of Consumer Rights”.
ATTENTION! Look at the completed sample claim for the return of a sofa:
I received a defective sofa - what should I do?
Write a complaint to the institution where you bought it and demand a refund.
Law on Consumer Protection"
Article 18. Consumer rights when defects are discovered in a product
1. If defects are discovered in a product, if they were not specified by the seller, the consumer has the right, at his own discretion, to:
demand replacement with a product of the same brand (same model and (or) article);
demand replacement with the same product of another brand (model, article) with a corresponding recalculation of the purchase price;
demand a proportionate reduction in the purchase price;
demand immediate free elimination of defects in the goods or reimbursement of costs for their correction by the consumer or a third party;
refuse to fulfill the purchase and sale agreement and demand a refund of the amount paid for the goods. At the request of the seller and at his expense, the consumer must return the defective product.
In this case, the consumer also has the right to demand full compensation for losses caused to him as a result of the sale of goods of inadequate quality. Losses are compensated within the time limits established by this Law to satisfy the relevant consumer requirements.
In relation to a technically complex product, if defects are discovered in it, the consumer has the right to refuse to fulfill the purchase and sale agreement and demand a refund of the amount paid for such a product or make a demand for its replacement with a product of the same brand (model, article) or with a different product. brand (model, article) with a corresponding recalculation of the purchase price within fifteen days from the date of transfer of such goods to the consumer. After this period, these requirements must be satisfied in one of the following cases:
detection of a significant defect in the product;
violation of the deadlines established by this Law for eliminating product defects;
the impossibility of using the product during each year of the warranty period in total for more than thirty days due to repeated elimination of its various deficiencies.
The list of technically complex goods is approved by the Government of the Russian Federation.
(Clause 1 as amended by Federal Law dated October 25, 2007 N 234-FZ)
2. The requirements specified in paragraph 1 of this article are presented by the consumer to the seller or an authorized organization or an authorized individual entrepreneur.
3. The consumer has the right to present the requirements specified in paragraphs two and five of paragraph 1 of this article to the manufacturer, authorized organization or authorized individual entrepreneur, importer.
Instead of presenting these demands, the consumer has the right to return goods of inadequate quality to the manufacturer or importer and demand a refund of the amount paid for it.
4. Lost power. — Federal Law of October 25, 2007 N 234-FZ.
5. The consumer’s absence of a cash or sales receipt or other document certifying the fact and conditions of purchase of the goods is not a basis for refusal to satisfy his requirements.
The seller (manufacturer), authorized organization or authorized individual entrepreneur, importer are obliged to accept goods of inadequate quality from the consumer and, if necessary, carry out a quality check of the goods. The consumer has the right to participate in checking the quality of the product.
In the event of a dispute about the reasons for the occurrence of defects in the goods, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, or the importer are obliged to conduct an examination of the goods at their own expense. The examination of goods is carried out within the time limits established by Articles 20, 21 and 22 of this Law to satisfy the relevant consumer requirements. The consumer has the right to be present during the examination of the goods and, in case of disagreement with its results, to challenge the conclusion of such examination in court.
If, as a result of the examination of the goods, it is established that its defects arose due to circumstances for which the seller (manufacturer) is not responsible, the consumer is obliged to reimburse the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer for the costs of conducting the examination, as well as those associated with its implementation. costs of storing and transporting goods.
6. The seller (manufacturer), authorized organization or authorized individual entrepreneur, importer is responsible for defects in goods for which there is no warranty period, if the consumer proves that they arose before the transfer of the goods to the consumer or for reasons that arose before that moment.
In relation to goods for which a warranty period has been established, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer is responsible for defects in the goods unless he proves that they arose after the goods were transferred to the consumer as a result of the consumer’s violation of the rules for use, storage or transportation of the goods, actions of third parties or force majeure.
7. Delivery of large-sized goods and goods weighing more than five kilograms for repair, markdown, replacement and (or) return to the consumer is carried out by and at the expense of the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer). In case of failure to fulfill this obligation, as well as in the absence of the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) at the consumer’s location, delivery and (or) return of these goods may be carried out by the consumer. In this case, the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) is obliged to reimburse the consumer for expenses associated with the delivery and (or) return of these goods.
Article 19. Time limits for submitting claims by the consumer regarding product defects
1. The consumer has the right to present requirements provided for in Article 18 of this Law to the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) regarding defects in the goods if they are discovered during the warranty period or expiration date.
In relation to goods for which warranty periods or expiration dates have not been established, the consumer has the right to make these demands if defects in the goods are discovered within a reasonable time, but within two years from the date of their transfer to the consumer, unless longer periods are established by law or contract.
2. The warranty period of the product, as well as its service life, is calculated from the day the product is transferred to the consumer, unless otherwise provided by the contract. If the day of delivery cannot be determined, these periods are calculated from the date of manufacture of the goods.
For seasonal goods (shoes, clothing and others), these periods are calculated from the onset of the corresponding season, the onset of which is determined accordingly by the constituent entities of the Russian Federation based on the climatic conditions of the location of consumers.
When selling goods by samples, by mail, as well as in cases where the moment of concluding the sales contract and the moment of transfer of the goods to the consumer do not coincide, these periods are calculated from the day of delivery of the goods to the consumer. If the consumer is deprived of the opportunity to use the product due to circumstances depending on the seller (in particular, the product requires special installation, connection or assembly, or has defects), the warranty period does not run until the seller eliminates such circumstances. If the day of delivery, installation, connection, assembly of goods, elimination of circumstances dependent on the seller, due to which the consumer cannot use the goods for their intended purpose, cannot be determined, these terms are calculated from the date of conclusion of the purchase and sale agreement.
The shelf life of a product is determined by the period calculated from the date of manufacture of the product, during which it is suitable for use, or the date before which the product is suitable for use.
The shelf life of the product must comply with mandatory product safety requirements.
3. Warranty periods may be established for components and components of the main product. Warranty periods for components and components are calculated in the same manner as the warranty period for the main product.
The warranty period for components and components of the product is considered equal to the warranty period for the main product, unless otherwise established by the contract. If the contract specifies a warranty period for a component product and component part of the product that is shorter than the warranty period for the main product, the consumer has the right to make claims related to defects in the component product and component part of the product if they are discovered during the warranty period for the main product. product, unless otherwise provided by the contract.
If a warranty period is established for a component product that is longer than the warranty period for the main product, the consumer has the right to make claims regarding defects in the product, provided that the defects of the component product are discovered during the warranty period for this product, regardless of the expiration of the warranty period for the main product.
4. The deadlines specified in this article are brought to the attention of the consumer in the information about the product provided to the consumer in accordance with Article 10 of this Law.
5. In cases where the warranty period provided for in the contract is less than two years and defects in the goods are discovered by the consumer after the expiration of the warranty period, but within two years, the consumer has the right to present to the seller (manufacturer) the requirements provided for in Article 18 of this Law if he proves that the defects goods arose before its transfer to the consumer or for reasons that arose before that moment.
6. If significant defects in the goods are identified, the consumer has the right to present to the manufacturer (an authorized organization or an authorized individual entrepreneur, importer) a demand for the free elimination of such defects if he proves that they arose before the transfer of the goods to the consumer or for reasons that arose before that moment. This requirement may be presented if defects in the goods are discovered after two years from the date of transfer of the goods to the consumer, during the service life established for the goods, or within ten years from the date of transfer of the goods to the consumer if the service life has not been established. If the specified requirement is not satisfied within twenty days from the date of its presentation by the consumer or the defect of the goods discovered by him is irreparable, the consumer, at his choice, has the right to present to the manufacturer (an authorized organization or an authorized individual entrepreneur, importer) other requirements provided for in paragraph 3 of Article 18 of this Law or return goods to the manufacturer (authorized organization or authorized individual entrepreneur, importer) and demand a refund of the amount paid.
If you need help filing a claim, please contact us.
Complaint to Rospotrebnadzor
Please note! In terms of content, the complaint sent to Rospotrebnadzor and the Prosecutor's Office is practically no different from the application to the store and must contain the following information:
- full name of that state. the body to which the complaint is filed (in this case, indicate Rospotrebnadzor);
- personal information (your last name, first name and patronymic, address details, contact phone number);
- what exactly is the complaint (describe the case in full, indicate all dates, names and titles);
- state your requirements (for example, to conduct an inspection);
- the following is a list of documentation that is attached to the complaint;
- At the end there is a signature and the current date.
In the complaint, be sure to indicate the fact that after sending the complaint there was no response to it, or it was negative.
The store's response should also be attached to the complaint so that the essence of the violation is visible. When writing a complaint, adhere to the key rules of business correspondence.
Important! Remember that going beyond the usual wording (with threats, offensive phrases) will result in a refusal to consider the complaint.
If you contact both the judicial authorities and Rospotrebnadzor immediately, this will not be regarded as a violation.
ATTENTION! Look at the completed sample complaint to Rospotrebnadzor against a furniture company:
Drawing up a statement of claim
The claim is a separate document, and there are special requirements for it.
The content of the statement of claim must provide, in accordance with Article 131 of the Code of Civil Procedure of the Russian Federation, the following mandatory information:
- name of the judicial authority where the application is submitted;
- who is the plaintiff (address where he lives);
- who is the defendant in the case (address where he actually lives);
- the price of the statement of claim (what is the cost of damage caused to the buyer), if its assessment is required. It is also necessary to provide for the calculation of the amounts that will be recovered according to the claim. This may include the price for a similar product, calculation of the penalty collected, etc.;
- what exactly was the violation of the plaintiff’s rights (the defendant’s actions caused the plaintiff material damage, expressed in the breakdown of furniture due to a manufacturing defect);
- all the circumstances under which the violation was committed and on the basis of which the plaintiff builds his claims. All available evidence is presented. According to Article 1064 of the Civil Code of the Russian Federation, if damage is caused to property belonging to a citizen, it must be fully compensated by the culprit;
- information about whether the pre-trial procedure for resolving a dispute with the defendant was observed when this requirement is determined by law or contract (usually used when resolving conflicts between legal entities, but judges are willing to consider cases where the plaintiff has done everything possible to try to resolve the conflict without trial );
- the demands put forward by the plaintiff, for example: “I ask you to recover from the defendant material damage in the amount of 20 thousand rubles”;
- list of documents attached to the claim.
ATTENTION! Look at the completed sample statement of claim for recovery by the consumer of the amount paid for goods of inadequate quality:
Will it be possible to immediately issue a refund without agreeing to repairs?
According to the law on “Protection of Consumer Rights”, you can terminate the sales contract with the seller and get your money back if you purchased a product of inadequate quality. This can be done without agreeing to repairs. Repair, exchange or return is your personal decision.
has the right to carry out an examination to find out the nature of the defect of low-quality goods. This right is reserved to the seller in order to avoid deception on the part of the buyer.
However, if you do not agree with the experts' opinion, you can conduct an independent check. If you are right, the seller is obliged not only to return the money for the goods, but also to pay the costs of verification.