How to get money back for a kitchen that was not completed on time according to the contract?

Consumer rights and obligations of the seller and manufacturer

Before you begin to draw up a claim demanding payment of a penalty, you should clearly understand what rights and responsibilities the current legislation of the Russian Federation has given you, which are the furniture showroom, and which are the delivery service.

According to the standards enshrined in the current legislation, the delivery time for custom-made goods is determined by the seller or manufacturer. This approach is quite understandable.

After all, when the ordered furniture can be delivered to the consumer depends on many circumstances, among which are the workload of production facilities, the availability of free transport, and so on. That is why the delivery time will be specified in the contract directly by the salon.

Remember! Often the contract does not indicate a specific date on which delivery will be made, but a time period during which the ordered furniture will be delivered to you.

For example, the contract may indicate: “Delivery period of finished products to the Customer: from 04/10/2018. until April 20, 2018.” In this case, the failure to deliver the furniture on April 21 will be considered a missed delivery date.

Thus, if the furniture was delivered on April 21 or later, it is legal to demand that the furniture showroom pay a penalty for each day of delay in delivery.

Attention! Please note that there are a number of exceptions to this rule. If the concluded contract provides for the right of the contractor to postpone the delivery date, then it will be impossible to make a claim for a penalty. Indeed, in accordance with the contract, the seller has the right to independently change the delivery time.

How to return a kitchen set to Leroy Merlin?

What to do if your kitchen set is swollen from water, read here.

How to return an Ikea kitchen, read the link: https://novocom.org/tovary/vozvrat-i-obmen/vozvrat-deneg-za-tovar/kak-vernut-kuxnyu-ikea.html

What to do if the kitchen is not delivered on time

Any person who has visited a furniture elephant and paid for a sofa, bedroom or kitchen set wants the purchased furniture to be in its place as soon as possible.

It is quite simple to purchase it; you only need to visit specialized furniture showrooms. But statistics show that cases where salons violate delivery deadlines for ordered furniture, for which the appropriate prepayment has been made, occur quite often.

Please note! Regardless of the reasons for the delay in delivery of the ordered furniture, the buyer can do the following:

send a claim to the furniture showroom,
agree on a new delivery date for the ordered furniture,
refuse the furniture and demand that the salon return the money paid as an advance payment,
demand that the furniture showroom pay compensation for each day the delivery date is missed.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

Often, the problem associated with delays in delivery of purchased furniture can be resolved during oral negotiations with the management of the furniture showroom.

However, if delivery deadlines are seriously violated, and negotiations with the management of the salon did not bring the desired result, a written complaint should be sent. This advice is given by professional lawyers. The claim must be made in two copies. One copy with all attached materials is transferred to the representative of the furniture salon. The second one remains in your hands.

In this case, it is necessary that upon receipt of the claim, a representative of the furniture showroom makes an appropriate mark on your copy confirming the fact of its receipt. If the case goes to court, a second copy with the appropriate marking will be needed to confirm the attempt at pre-trial settlement.

All trade transactions that involve making an advance payment must be formalized in an appropriate agreement. The contract must indicate the amount of advance payment for the ordered furniture, as well as the delivery time for the finished furniture.

Attention! The contract should provide for the procedure for calculating penalties for the furniture showroom’s delay in fulfilling its obligations.

We especially note that if the clause on penalties for late fulfillment of obligations was not included in the text of the contract, the buyer is still entitled to collect penalties in accordance with the norms of the current legislation of the Russian Federation.

In addition, the buyer has the right to refuse the ordered goods and demand that the furniture showroom return the prepayment in full.

Penalty amount

Often, furniture stores independently specify in the text of the contract the amount of the penalty that they will be obliged to pay to the client if the delivery date of the ordered furniture is missed.

Important! Often the penalty is set at 0.1 to 0.3 percent of the contract value for each day of delay in the fulfillment of accepted obligations by the furniture showroom. But the current legislation of the Russian Federation has established that the amount of the penalty should be 0.5 percent of the contract amount for each day of delay. Therefore, in the event that the furniture elephant violated the delivery deadlines for the purchased furniture, the client has the right to demand payment of a penalty in the amount established precisely by the current legislation of the Russian Federation, and not by the clause of the concluded contract.

In this case, the clause establishing the amount of the penalty will be considered void, since it contradicts the norms enshrined in the current legislation of the Russian Federation.

Often, the problem associated with delays in delivery of purchased furniture can be resolved during oral negotiations with the management of the furniture showroom.

But the fact of causing such damage will need to be confirmed. How can I do that? Let's look at a specific example.

Let's say a citizen ordered a kitchen set, and the contract clearly defined the delivery date - May 25. Based on this period, the citizen entered into an agreement with another company to carry out work on the installation and installation of a kitchen unit and paid for this work.

How to write a complaint to Rospotrebnadzor?

On the appointed day, specialists arrived to the citizen to carry out work on the assembly and installation of the kitchen set. But the headset was never delivered.

As a result, no one will return the money that was paid under the contract for assembly and installation work, since the company’s employees were with him and were waiting for the headset to arrive.

Thus, a citizen has the right to demand from the furniture showroom not just payment of the penalty, but also compensation for the expenses incurred.

Important! To confirm the amount of expenses, you will need to provide an agreement concluded between the citizen and the company engaged in assembly and installation, as well as financial documents confirming the fact of payment made under this agreement.

What legal provisions apply to the purchase of furniture?

The Law of the Russian Federation “On the Protection of Consumer Rights” contains 2 main chapters regulating the legal relations that arise between the consumer and the seller (manufacturer, performer) when:

sale of goods (Article 18-26.2 of the Law of the Russian Federation “On Protection of Consumer Rights”)
performance of work and/or provision of services (Article 27-39.1 of the Law of the Russian Federation “On the Protection of Consumer Rights”)

Furniture by its nature is a product and by default it is assumed that the legal relationship between the consumer and the seller is regulated by the provisions of Art. 18-26.2 of the Law of the Russian Federation “On the Protection of Consumer Rights”, the Civil Code of the Russian Federation and the agreement concluded between the parties.

However, what provisions of the law should be applied if the purchase of furniture is intended to be made to order - when selling goods or performing work/providing services?

Provisions regarding the performance of work or provision of services may apply to a contract for the sale of furniture.

If the purchase of furniture is intended to be made according to an individual order, then the provisions on the performance of work and/or provision of services should be applied to the legal relations of the parties to the contract (Article 27-39.1 of the Law of the Russian Federation “On Protection of Consumer Rights”), since an individual order presupposes product parameters that are different from standard in size, color, etc.

That is, the contract for the purchase and sale of furniture must be in the nature of a mixed contract - it must contain conditions both for the purchase and sale and for the manufacture of furniture according to individual parameters.

In any case, it is possible to determine the existence of conditions for the purchase and sale and provision of services for the manufacture of custom-made furniture only after reading the terms of a particular contract. Only after this can the agreement be classified as mixed.

What is better not to do

As long as you are a bona fide buyer, the law protects your rights and interests. But the situation can change radically the moment emotions are given free rein.

Remember! In the event of a scandal in a furniture salon, during which employees and management are insulted, the furniture salon will be able to file a lawsuit and hold you accountable for insulting honor and dignity. To avoid such a situation, you should never give free rein to your emotions.

If the furniture showroom violates the obligations assumed under the concluded contract, including failure to deliver on time, your interests will be protected by the court and the law.

It is they who will force an unscrupulous furniture salon to fulfill its obligations and pay a penalty. But if emotions are given free rein, the buyer may receive a counterclaim along with the penalty. And in this case, the law will be on the side of the furniture showroom.

It is better not to try to participate in the trial yourself. Contact a consumer protection society for help.

Professional lawyers working in the consumer rights protection society will help collect the necessary materials and prepare them in accordance with the norms of the current legislation of the Russian Federation.

They can also act as legal representatives during the trial. Only an experienced lawyer who is well versed in the intricacies of modern legislation will help a citizen defend his legal rights and interests.

Watch the video. How to request a refund for an item:

Methods for selling furniture

2 ways to sell furniture - by samples or remotely.

The current legislation does not establish any prohibitions on the method of selling goods, that is, it does not limit the seller (manufacturer) to use any method to sell the furniture he produces. We will highlight the main and probably the most popular ways of selling furniture:

sale of furniture by samples - involves direct familiarization of the consumer with the purchased product, which is located at the point of sale. The place of sale means showrooms, shops and other sites (Part 1 of Article 497 of the Civil Code of the Russian Federation, Decree of the Government of the Russian Federation of July 21, 1997 No. 918 “On approval of the rules for the sale of goods based on samples”)
remote method of selling furniture - involves selling without direct familiarization of the consumer with furniture or its samples when concluding a purchase and sale agreement, including through booklets, catalogs, online stores, etc. (clause 2 of article 497)

Correct actions in case of missed production deadlines

If, in accordance with the concluded agreement, a citizen made an advance payment for a kitchen set and did not receive it on the day when, in accordance with the above-mentioned agreement, the set was supposed to be delivered to him, the citizen should call the furniture showroom and ask when the ordered furniture will be delivered, and at what cost reasons, the delivery time was missed.

Attention! Even if the furniture showroom postpones the delivery date and fulfills its obligations on the new date, it will be obliged to pay the citizen a penalty for the delay already committed.

In addition, in case of failure to deliver on time, the citizen may demand termination of the contract and a refund of funds.

Therefore, if you are not satisfied with the new delivery dates announced by the furniture center, feel free to demand a refund of previously paid funds. It is better to state these requirements in a claim sent to the furniture showroom.

Fine and penalty - what do you need to know about the form of the penalty?

In accordance with the Civil Code of the Russian Federation, both a fine and a penalty are acceptable forms of accrual and collection of penalties. Wherein:

Penalty is a penalty accrued daily for each day of delay in fulfilling obligations under the contract. The amount is expressed as a percentage. For example, a penalty in the form of a penalty can be charged in the amount of 0.1% of the amount of mandatory payments for each day of delay in payment under the lease agreement;
A fine is a penalty, determined as a percentage taking into account the amount of obligations or debt, or established as a fixed amount. Fines are applied when the terms of contracts are violated. Thus, a fine may be imposed on the supplier for failure to meet product delivery deadlines.

The difference between penalties and fines is significant:

The fine determines the violation of the terms of the agreement. The penalty provides for an increase in the amount of debt taking into account the period of non-fulfillment of obligations;
The penalty may be accrued until and on the day when the obligations under the contract are fulfilled. The fine may be imposed once or periodically in the amount established by agreement.

We remind you that if the terms of the contract were violated, but the issues of collection for failure to fulfill obligations were not resolved either by law or by agreement of the parties, it will not be possible to demand payment of a penalty in any form.

Drawing up a pre-trial claim against the manufacturer

claims for violation of deadlines for production and delivery of kitchens free in word format

Please note! A claim sent to a furniture showroom must contain the following information:

full legal name of the furniture showroom. Here you must indicate who specifically from the management of the furniture salon you are contacting. Indicate the position, surname and initials,
The details of the person filing the claim are indicated. You must indicate your last name, first name and patronymic, registration address and actual residence. Be sure to include a contact phone number for quick communication,
the above information should be written in the upper right corner of the sheet. A little lower, already in the center of the sheet, write the name of the document being drawn up: pre-trial claim,
then the main part begins. It is in this part that you should state in as much detail as possible, but, if possible, briefly the essence of the problem that has arisen and describe all the essential circumstances. In this case, one should refer to the specific norms of the current legislation of the Russian Federation, which were violated by the furniture showroom,
State as clearly as possible the requirements that you want the furniture salon to satisfy. You can do this like this: “I ask you to terminate the agreement without date dated 04/05/2018. for the supply of a kitchen set and reimburse me for the money I paid as an advance payment,”
specifically note that if the requirements set out in the complaint are not satisfied, you will be forced to apply to the courts to protect your legal rights and interests. Emphasize that in this case, the furniture showroom may incur additional costs for lawyers, fines, government fees, and so on. Indicate that if the case goes to trial, you will also ask for compensation for moral damages,
list in detail all materials and documents attached to the claim,
seal the claim with your own signature, transcribe it and indicate the date of signing.

Important! The following materials must be attached to the claim:

a copy of the contract concluded with a furniture showroom for the manufacture and supply of kitchen units, drawn up in accordance with the requirements of the current legislation of the Russian Federation,
copies of financial documents drawn up in accordance with the requirements of the current legislation of the Russian Federation confirming the fact of payment under the above agreement.

The claim must be made in two copies. One copy of the claim is given to the representative of the furniture showroom.

Be sure to request that the representative of the furniture showroom who received the claim sign the second copy, decipher the signature and indicate the date the claim was received.

What to do if the seller refuses to return money for the product?

A copy with a mark of receipt of the claim remains with the citizen and will serve as evidence of the attempted pre-trial settlement.

If representatives of the furniture salon refuse to put a receipt mark on the second copy of the claim or do not accept the claim at all, it should be sent to the furniture salon by post. This must be done by registered mail with a list of attachments and acknowledgment of delivery.

The date on the notice will be considered the date the furniture store received the claim. From this date, the period that the current legislation of the Russian Federation allows for consideration of the claim and submission of a response will be calculated.

ATTENTION! Look at the completed sample claim for violation of deadlines for the manufacture and delivery of furniture:

Penalty for delay in furniture production

Art. 28 of the Law):

assign a new term to the contractor and indicate them in the contract;
entrust the provision of a service (performance of work) to another contractor for a reasonable price or perform it on their own and demand reimbursement of expenses from the contractor;
demand a reduction in the price for providing a service (performing work);
refuse the contract for the provision of services (performance of work);
demand full compensation for losses in connection with violation of the terms of service (performance of work).

If the deadline for the start or end of the provision of a service (performance of work) is violated, the contractor pays the consumer a penalty in the amount of 3% of the price of the service (work) for each day (hour, if the period is defined in hours) of delay. The amount of the penalty cannot be less than 3% under the contract, more is possible. If the price of the service (work) was not specified separately in the contract (as, for example, in the manufacture of furniture, kitchens and other things), then the penalty is calculated from the total price of the order.

A penalty for violation of the deadline for the start of the provision of a service (performance of work) is collected for each day (hour) of delay until the start of the provision of a service (performance of work). A penalty for violation of the deadline for the provision of a service (performance of work) is collected for each day (hour) of delay until the end of the provision of the service or performance of the work.

If the contract does not specify terms or there is no contract at all, the customer can be guided by the provisions of Art. 314 Civil Code of the Russian Federation. It is necessary to send a written request to the contractor to perform the work (service) within 7 days from the date of receipt of such request. The request can be submitted in person and asked to put a receipt stamp on it, or sent by registered mail with notification and a description of the attachment. Refunds, price reductions or reimbursements must be made within 10 days of receipt of the request.

If you paid for the service (work) in cash, then the money can also be returned in cash or transferred to a card. If you make a non-cash purchase using a card, you will not be able to return the money in cash from the cash register - this is the instruction given by the Central Bank of the Russian Federation. To process a refund, the customer’s passport data is required, but the consumer is not required to present a passport (or a photocopy of it).

If the executor does not comply with the requirement, then it is necessary to go to court. If the terms for the provision of services for the transportation of passengers, baggage, cargo, or communication services are violated, you must first file a claim and then go to court.

Clause 1 of this article of the new terms, the contractor pays to the consumer for each day (hour, if the period is defined in hours) of delay a penalty in the amount of three percent of the price of performing the work (rendering the service), and if the price of performing the work (rendering the service) is in accordance with the contract for the performance works (provision of services) is not determined - the total price of the order. ...

A penalty (penalty) for violation of the deadlines for completing the work (rendering a service), its stage is collected for each day (hour, if the period is defined in hours) of delay until the completion of the work (rendering the service), its stage or the consumer submits the requirements provided for in paragraph 1 of this article.

The amount of the penalty (penalty) collected by the consumer cannot exceed the price of a separate type of work (provision of a service) or the total price of the order, if the price of a separate type of work (provision of a service) is not determined by the contract for the performance of work (provision of a service).

Therefore, demand 3% of the price of the work (order) for each day, starting from the next day after the end of the contractual period for completing the work until the day the order is actually completed.
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Resolving controversial issues in court

If the furniture showroom refused to satisfy the requirements set out in the complaint, or ignored it, leaving it unanswered, the citizen should apply to the courts to protect his legal rights and interests.

Important! To do this, you will need to file a statement of claim. This process must be approached with maximum attention, since the slightest inaccuracies made when drawing up the claim will lead to the claim being rejected by the court even without consideration.

The rules for drawing up a statement of claim are recorded in Article 131 of the Civil Procedure Code of the Russian Federation. Based on the norms enshrined in this article, a statement of claim can be issued exclusively in the form of a document on paper.

statement of claim for termination of the contract due to violation of the terms of production and delivery of the kitchen free of charge in word format

The statement of claim must contain the following information:

full name of the court to which the claim is filed,
information about the plaintiff. It is necessary to indicate the surname, first name and patronymic, details of the identity document, registration address and actual residence. Be sure to provide your contact phone number. If during the proceedings the interests of the plaintiff are represented by a legal representative, then it will be necessary to indicate the above information not only about the plaintiff, but also about the legal representative,
the full legal name of the furniture showroom, which is the defendant in this case, as well as all information known about it,
a detailed description of the facts of how the defendant violated your legal rights and interests.
cost of claim and cost calculations,
evidence confirming the legitimacy of the claims put forward by the plaintiff,
a detailed list of materials attached to the statement of claim.

The statement of claim must be accompanied by the plaintiff's handwritten signature indicating the date of signature. If the interests of the plaintiff are represented by a legal representative whose authority includes signing and filing statements of claim, he can sign the claim.

In this case, the statement of claim must be accompanied by a copy of the power of attorney, drawn up in accordance with the requirements of the current legislation of the Russian Federation, confirming the powers of the legal representative.

ATTENTION! Look at the completed sample statement of claim for termination of the contract due to violation of the deadlines for the production and delivery of the kitchen:

Statement of claim for compensation for moral damage.