Poor quality installation of doors under a service agreement

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Rights in case of poor quality door installation

Installing a door is the provision of a service. Poor quality work falls under the rules of Federal Law of the Russian Federation N 2300-1 “On the Protection of Consumer Rights” of February 7, 1992. In 2018, major changes were prepared that did not have time to come into force.

A customer who has received a low-quality service, in our case door installation, has the right to demand that the contractor eliminate all existing deficiencies. The rule is regulated by Article 29 of the Federal Law of the Russian Federation N2300-1 “On the Protection of Consumer Rights”, adopted in 1992.

Important! According to it, the customer takes advantage of the opportunity:

demand that existing deficiencies be eliminated free of charge;
reduce the cost of work performed in proportion to existing shortcomings;
demand compensation for damages to eliminate deficiencies;
demand that a new item be made if it was damaged during installation - in our case, making a door free of charge.

If the customer wants to receive a new door to replace the damaged one, then he undertakes to transfer the first version with defects to the contractor.

However, you won’t be able to get a new door if you ordered the product from one store and the installation from another company. The only thing you can get is a reduction in the cost of work performed.

If the customer wishes to have the defects eliminated, the contractor undertakes to fulfill the obligations within the appointed time. However, no one releases him from responsibility for violating the installation deadlines. In this case, the customer demands a monetary penalty from the company.

The customer has the right to refuse to fulfill obligations under the contract for the provision of services if the work is performed poorly and demand complete elimination of deficiencies. If the contractor does not want to eliminate the defect, you should make a written complaint addressed to the manager, and also contact the Russian Consumer Supervision.

After the contractor has eliminated the deficiencies, the customer has the right to demand a reduction in the amount payable. If the item cannot be restored, you should demand its complete replacement or compensation for its cost.

Claims are addressed to the company only during the warranty period. If this is not established, then the warranty period is considered to be two years.

There is a five-year warranty period, but it applies to damaged items installed on the property. The door is one of these types.

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

Article 29 of the Federal Law “On the Protection of Consumer Rights” states: “If a thing cannot be restored, the consumer has the right to demand:

reduce the cost of work performed by the amount of existing deficiencies;
compensate for losses associated with the purchase of a damaged item;
refuse to fulfill the terms of the contract regarding payment for the services of the performer.”

Note! If you ordered the installation of the door from the same company as the item itself, you can request that it be replaced with a similar one.

Deadline for responding to a written complaint under the consumer protection law.

Read how to calculate the state fee in court here.

How to get your money back for additional service, read the link:

Lawyers' answers (1)

According to Art. 497 of the Civil Code of the Russian Federation, a retail purchase and sale agreement can be concluded on the basis of familiarization of the buyer with a sample of the goods offered by the seller and displayed at the place of sale of goods (sale of goods by samples). Unless otherwise provided by law, other legal acts or an agreement, a retail purchase and sale agreement for goods based on samples or a retail purchase and sale agreement concluded by remote sales of goods is considered fulfilled from the moment the goods are delivered to the place specified in such agreement, and if the place the transfer of goods is not determined by such an agreement, from the moment of delivery of the goods to the place of residence of the buyer-citizen or the location of the buyer-legal entity.

You were delivered goods of inadequate quality (the door width is 60 cm instead of 70 cm), therefore the provisions of Art. 503 of the Civil Code of the Russian Federation: A buyer to whom a product of poor quality has been sold, if its shortcomings have not been specified by the seller, at his own discretion has the right to demand: replacement of a defective product with a product of proper quality; proportionate reduction in the purchase price; immediate, free of charge elimination of product defects; reimbursement of expenses for eliminating product defects. The buyer has the right to refuse to fulfill the retail purchase and sale agreement and demand a refund of the amount paid for the goods.

Contact the seller with a written complaint, indicating your request for a door replacement or a refund.

Return of defective installation

Important! Before contacting the company with a claim about a poorly installed door, you must consider a number of conditions:

how much time has passed since the service was provided or the work was completed;
is there a warranty for door installation;
is there a maximum warranty period and when does it end?
the service life of a thing, in our case a door, and when it ends.

The appeal is considered if no more than fourteen days have passed since the completion of the work. However, if there is a warranty on the installation, you can make a claim for the entire duration of the warranty.

If there is no warranty period for installation, and the item is damaged directly during installation, the service life of the door exists. According to it and the law on consumer protection, the buyer has the right to contact the company within two years from the date of provision of services.

Return of doors of proper quality

The quality of goods is regulated by the State Quality Standard (GOST) or technical production conditions (TO), which is indicated in the relevant accompanying documentation.

According to Article 4 of the Law “On Protection of Consumer Rights”, the seller is obliged to provide the buyer with a product suitable for use and corresponding to the description, taking into account its expiration date and service life.

If all standards are observed, the door is a product of proper quality.

The period for exchange and return of interior and entrance doors of proper quality is 14 days.

Conditions

Based on paragraph 1 of Article 25 of the Law “On Protection of Consumer Rights”, the seller is obliged to accept goods of proper quality subject to the following conditions:

Basic

The product has not been used
Presentation and packaging preserved
There is no violation of labels and seals
Availability of cash or sales receipts

If the receipt is missing, then a refund is possible, supported by witness testimony.

If the doors were purchased in an online store, then an electronic payment document can be used as evidence.

In the absence of documents confirming the purchase, the seller rarely accepts the goods back. In this case, you must contact the consumer rights supervision service or Rospotrebnadzor.

Procedure

The buyer must perform the following actions:

Draw up an application in 2 copies and give it to the seller. One copy remains with the buyer, and a mark indicating acceptance of the application is placed on it. The second copy remains with the seller.
Give the interior or entrance door to the seller in its entire package. In this case, labels and seals must be intact. After delivery, the buyer’s copy is marked with acceptance of the goods.
Present a document confirming the purchase of the goods at this particular outlet.
Provide an identification document.

The application must indicate the requirement. That is, what is needed, a refund or exchange of goods. The seller is obliged to satisfy this requirement within no more than 3 days from the date of filing the application.

Refusal to accept the application

If the seller refuses to accept the application, it must be sent to the store by registered mail with notification of receipt. In this case, the recipient must be the head of the outlet. The name of the manager can be found in the “Consumer Corner”, which is in every store. The recipient's address must be actual, not legal.

If the return period has expired

The Law on Consumer Rights clearly defines return periods. It was decided that 14 days is enough for the buyer to decide whether he needs the product.

It is not possible to extend this period. An exception is the return of goods to online stores, where the return period is 3 months, unless other conditions are specified additionally.

Return to the online store

When purchasing a product in an online store, the purchase and sale agreement or accompanying documentation may specify a return period of 7 days. If there is no such clause, then the period for returning metal and interior doors can be extended to 90 days.

All steps for processing a return are the same as for any retail outlet. In the absence of a cash receipt, it is acceptable to attach to the application an extract from electronic payments or a bank receipt that confirms the fact of payment.

With such a return, it is necessary to take into account that the payment is returned minus the transport costs incurred by the seller to deliver the goods, but only in cases where they are not paid separately.

Return by organization

In trade cooperation, a sales contract is always concluded between organizations. If it is necessary to return the goods, it is carried out in accordance with this agreement.

In some cases, with the consent of the seller, a reverse sale and purchase transaction is concluded, according to which the seller and buyer change places.

Sample application for return

The return application is drawn up in 2 copies in free form. The text must contain the following data:

Basic data

Buyer information;
Seller information;
Purchased item;
Date of purchase;
Product category;
The reason for the return must be stated;
Presentation upon return;
Request for exchange of goods or refund.

At the bottom of the application, the date of submission and signature with a transcript are indicated.

Application form (sample) for the return of goods of proper quality

How to return a bad installation within 14 days

Two weeks are given to return the service without any dispute, excluding the time of completion of the work. In total, the buyer is given fifteen days to return the service.

Please note! If the customer discovers significant deficiencies in the work performed, he has the right:

refuse to fulfill part of the contract for the provision of services in relation to their payment (regulated by Article 18 of the Law on the Protection of Consumer Rights);
reduce the final amount payable by the cost of the defects (Article 24 of the Consumer Protection Law);
demand compensation for losses incurred during the elimination of defects, as well as the cost of the door itself (Article 18 of the Consumer Protection Law).

It doesn’t matter what nature the shortcomings are. The customer has the right to demand their removal in any case, even if the workers simply caused a scratch during installation.

The main thing is that the warranty period does not expire. If it is not installed, you should hurry up and return it within fifteen days.

Claim for apartment renovation services

To the director ……………………………………… ………………………………………….. (name of contractor) from …………………… …………………………. (full full name) address. …………………………………….……. tel………………………………….…….…….

"……" ……………….. 20…. g., I entered into an agreement with your organization for

performance of services ………………………………………………………………………………… (name and type of work performed)

total cost ………………………………………………………… / ………..……… rubles. (in numbers and words)

In accordance with Art. 4 of the Law of the Russian Federation “On the Protection of Consumer Rights” the contractor is obliged to perform work whose quality complies with the contract.

A warranty period of ………………………….. years was established for the work performed.

During the warranty period, from the moment of completion of work under the contract, the following significant deficiencies were discovered in the work performed : …………………………….… .……………………………………… …………………………………………………………………………………

In conclusion…………………………………………………………………………………. (indicate the name of the organization that conducted the examination)

from "..." ……………….. 20…. d. deficiencies in the work performed are significant .

In accordance with Art. 29 of the Law of the Russian Federation “On the Protection of Consumer Rights”, when discovering deficiencies in the work performed, the consumer has the right, at his own discretion, to demand: - free elimination of deficiencies in the work performed; — a corresponding reduction in the price of the work performed; - free production of another item from a homogeneous material of the same quality or repeat work; - reimbursement expenses incurred by him to eliminate deficiencies in the work performed on his own or by third parties.

In accordance with the above law, I require

.………………………………………………………………………………………………………… (indicate one of the options listed above)

in the amount of ……………………………………………………………………………… / ………..……… rubles. (in numbers and words)

Reimbursement of my examination costs

……………………………………………………….……………………… / ………..………rubles. (in numbers and words)

If I refuse to voluntarily satisfy my legal demands, I will be forced to go to court with a claim for forced collection of:

expenses for eliminating detected deficiencies in the work performed;
expenses for paying for an independent examination;
legal fees;
legal costs;
a fine to the state in accordance with clause 6 of Article 13 of the Federal Law “On the Protection of Consumer Rights” for failure to comply with the voluntary procedure for satisfying consumer requirements.

Application:

A copy of the contract for apartment renovation services;
A copy of the check (agreement) for the examination;
A copy of the examination results.

"….." ……………….. 20….g. ………………………… / ……..…….

(signature)

Note: If there is no warranty period established for the result of the work, claims related to the shortcomings of this result may be presented by the customer under certain conditions. Namely, deficiencies must be discovered within a reasonable time, but within two years from the date of transfer of the final result of the activity. A different period of time may be determined by law or agreement (clause 2 of Article 724 of the Civil Code of the Russian Federation). The deadline for detecting deficiencies in the results of work performed under construction contracts is five years (Article 756 of the Civil Code of the Russian Federation). The warranty period is counted from the moment when the result of the work performed was accepted or should have been accepted by the customer (clause 5 of Article 724 of the Civil Code of the Russian Federation). If during the warranty period the contractor completely redoes poor-quality work, then the same warranty period is established for the new work as for the previous one. Unless otherwise provided by the contract.

Returning an installation with defects during warranty

Large companies set a warranty period for door installation. If there is none, you should refer to the rules regulated by Federal Law N2300-1 “On the Protection of Consumer Rights” of 1992. This refers to the return of a low-quality item within two years from the date of receipt, if no warranty period has been established.

The customer has the right to demand:

eliminate deficiencies within the time period specified by the consumer;
reduce the cost of work performed in proportion to the shortcomings;
refuse to fulfill the terms of the agreement regarding payment for the service.

Remember! However, when returning during the warranty period, there are a number of important conditions, as described in Article 18 of Federal Law N2300-1 “On the Protection of Consumer Rights” of 1992:

the defect is significant and interferes with the full use of the item;
if the contractor violates the deadlines for eliminating defects established by the customer;
if the door has not been used for a long time, for example, when building a house.

Thus, you can return the service during the warranty period if there are significant deficiencies.

Poor quality interior doors. Refund

Each of us wants to equip our own cozy nest, be it a house or an apartment, but without doors it’s absolutely impossible.

So my family and I decided that we wanted new beautiful interior doors, we drove around, looked, and finally we found doors that everyone liked at the same time, we’ll definitely take them.

Having concluded the purchase and sale agreement on November 14, 2014, we immediately paid for 6 doors with the materials needed for them. According to the terms of the above agreement, the doors were to be delivered to us within two weeks from the date of conclusion of the agreement. We planned to install the doors later, because... It was necessary to complete cosmetic renovations in the apartment. The contract established a warranty period of 6 months.

On November 25, 2014, the doors were delivered to us, which we were, of course, happy about. However, after removing the packaging, we discovered that the veneer over the entire surface of one door was swollen, and the naked eye could also see a different color tone on the other doors. In addition, after a thorough inspection of all doors, it was discovered that there was no paint coating on the non-facing surfaces of the doors.

The next day, I handed the seller a claim describing all the shortcomings of these low-quality doors and asking them to exchange the doors for similar, but high-quality ones. However, after 7 days (this period is established by law for replacing the goods at the buyer’s request), the seller refused to satisfy my request, indicating that the identified deficiencies arose through my fault due to improper storage of the doors.

The Law of the Russian Federation “On the Protection of Consumer Rights” stipulates that the seller must sell a quality product that is suitable for its intended use.

If the consumer identifies shortcomings in the product, he can demand that the seller replace it with a similar one, moreover, he can refuse the concluded contract and return the money.

Having received a refusal, I again sent a claim to the seller on December 29, 2014, but changed my requirements, namely, I demanded to terminate the contract and return the money.

This time the refusal to satisfy my demands came much faster, but the situation has not changed. Having failed to obtain any action from the seller, I was forced to defend my interests in court.

On January 29, 2020, I went to court with demands to terminate the purchase and sale agreement, to collect money for the doors in the amount of 85,842 rubles, to collect a penalty for late return of money in the amount of 1% of the price of the goods for each day of delay, to recover payment expenses delivery of doors in the amount of 400 rubles, to recover compensation for moral damages in the amount of 5,000 rubles, to oblige the defendant to remove the doors and all components from the apartment, and also to recover the costs of paying for the examination in the amount of 14,000 rubles. In addition, she asked for a fine equal to 50% of the total amount.

The seller’s representative, of course, did not acknowledge the claims; at the court hearing he explained that the discovered deficiencies arose due to a violation of the rules for storing interior doors. Moreover, some of the shortcomings, according to the defendant, are removable and do not prevent the further use of the doors for their intended purpose, and therefore considers the claims to be excessive.

The Rospotrebnadzor Office was also involved in the case and agreed with my statement of claim.

Having filed a motion to order a forensic examination at the first court hearing, the court suspended the consideration of the case until it received the expert's opinion. After the expert's report was submitted to the court, the case was resumed.

According to the expert's conclusion, different colors and lack of paint coating are manufacturing defects (violation of GOST 475-78), which lead to a reduction in the cost of the doors. Moreover, the expert noted that no damage to the doors was found during operation or storage. The poor quality is obvious.

The seller must satisfy the request to return the amount of money for the doors within 10 days from the date of receipt of such a request. However, the seller refused my claim to terminate the sales contract and return the money, thereby violating the provisions of the law, for which liability arises in the form of a penalty.

On April 22, 2020, after examining the evidence, the court came to the conclusion of terminating the contract and collecting the following amounts: RUB 85,842. – cost of doors and components; RUB 95,285 – penalty for delay in satisfying the request for a refund (for the period from 01/09/2015 to 04/22/2015); 400 rub. – door delivery costs; 5000 rub. – compensation for moral damage; 14,000 rub. – forensic commodity examination; fine – 93,264 rubles. The expenses incurred by me to obtain legal assistance, as well as the state fee, were also collected.

The court explained that in case of a significant violation of the contract, the consumer has the right to terminate the contract in court, if the seller violates the terms of the contract; in our case, the deadline for returning the money was violated.

The defendant's statement that all the shortcomings are removable does not affect the satisfaction of my requirements, because The law provides for the right to withdraw from a contract if there are manufacturing defects in the product, regardless of the possibility of eliminating them.

The court also ordered the defendant to remove the doors and components from my apartment at his own expense.

The courts made similar decisions in the following cases:

— Appeal ruling of the Court of the Jewish Autonomous Region dated February 13, 2015 in case No. 33-88/2015;

— Ruling of the Primorsky Regional Court dated 04/08/2014 in case No. 33-3050;

— Appeal ruling of the Kostroma Regional Court dated May 19, 2014 in case No. 33-414.

Guest Author

How to return a defective unit after the warranty period has expired

The customer has the right to demand termination of the contract for the provision of services in accordance with Federal Law N2300-1 “On the Protection of Consumer Rights” of 1992.

In this case, he can claim:

a reduction in the amount payable for work performed commensurate with the cost of the defect;
the possibility of failure to fulfill its obligations under the service agreement;
receiving compensation for violation of deadlines for eliminating deficiencies;
compensation for losses if you eliminate them yourself, including the cost of the door.

Complaint of poor quality furniture

To the head of individual entrepreneur M.A. Pentegov Gubakha, st. Suvorova 76-5, Lenin Avenue 53 from Tatyana Yuryevna Rusinova, living at the address: Kizel, st. _____________ tel. 8-____-___-____

Complaint of poor quality furniture

On July 30, 2013, in your store, I purchased disassembled furniture under a sales contract dated July 30, 2013, on credit. I pay my loan installments regularly. In paragraph 1.3. The purchase and sale agreement establishes a period for transfer of goods of 45 days. Two such periods have passed since the purchase, but the furniture has not been assembled.

The furniture was brought in the wrong size, and as a result, assemblers are still unable to assemble it. Constant rework and non-finishing. For nine days, because of your workers, I was left without gas and water in the kitchen, as everything was turned off. As a result, they appeared only nine days later. All this time I suffered because I could not cook food properly. I'm tired of being inconvenienced and suffering because of your incompetence and negligence.

Based on the above and in accordance with Article 18 of the Law of the Russian Federation “On the Protection of Consumer Rights,” I demand that goods of inadequate quality be accepted and I terminate the purchase and sale agreement. I demand a refund of the amount of money paid for the goods in accordance with Art. 22 of the Law “On Protection of Consumer Rights” deadlines.

I ask you to pay me a penalty (penalty) for delay under the sales contract of 0.5% of the amount paid for each day of delay, as well as moral damages in the amount of 10% of the total cost of the goods.

I remind you that on the basis of clause 6 of Art. 13 of the Law on the Protection of Consumer Rights, when the court satisfies the consumer’s demands established by law, the court collects from the seller for failure to voluntarily satisfy the consumer’s demands a fine in the amount of 50% of the amount awarded by the court in favor of the consumer.

I reserve the right to file a claim in court for compensation for material losses associated with the payment of interest on the loan, including moral damage.

For information!

Article 23.1 of the PZPP Consequences of violation by the seller of the deadline for transferring pre-paid goods to the consumer.

In case of violation of the deadline established by the sales contract for the transfer of prepaid goods to the consumer, the seller pays him a penalty (penalty) for each day of delay in the amount of half a percent of the amount of prepayment for the goods.

The penalty (penalty) is collected from the day when, according to the purchase and sale agreement, the transfer of the goods to the consumer should have been carried out, until the day the goods are transferred to the consumer, or until the day the consumer’s demand for the return of the amount previously paid by him is satisfied.

Article 13 of the law on the protection of consumer rights states that losses caused to the consumer are subject to compensation in the full amount in excess of the penalty (penalty) established by law or contract.

________________signature “__” __________ 20__

Today the store clerk contacted my mother and asked for a personal meeting. Mom went to a meeting and set up a time for her after work at home to rub her nose into this marriage once again. The saleswoman whined, citing the fact that she would be fired, and let’s put pressure on the complaint, but my mother is a grated roll, she recently went through more than one trial, where there was a whole conspiracy of swindler bailiffs against her. Fortunately, my mother, with my help, resolved this situation, and the bailiffs were fired.

Apparently Pentegov M.A. began to stir and a process called “the cockroaches started running.” Mom explained to her that these are your problems and only you can solve them, I have enough of my own that she doesn’t invite anyone to solve. I emailed the claim to the seller and my mother; she will go to deliver it in the next few days.

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How to make a claim

A claim for improper installation of a door must be made in writing addressed to the head of the installer company.

It is provided:

within two weeks from the date of completion of work;
during warranty service or two years, if not installed;
after the expiration of the warranty period.

Depending on whose fault the defect was caused, the claim is sent to:

to the company performing the service;
the manufacturer of the thing;
the dealer supplying the door;
a person authorized to accept claims on behalf of the manufacturer or performer.

In Russia there is no single established form of claim.

Important! However, when compiling it, the following information must be reflected:

the name of the company where the claim is being sent, preferably the full name of the manager;
information about the sender of the complaint (his last name, first name, patronymic, registration address, contact phone number);
information about the damaged item (brand, manufacturer, production date);
date of purchase of the item, its installation;
the essence of the claim (under what circumstances the defect was discovered);
method of payment for the service;
contract number, date of its conclusion;
list of violations.

In the last paragraph it is necessary to set out the requirements that comply with Russian legislation.

The date of preparation and signature of the person sending the claim are required to be indicated. In addition, it is necessary to reflect a complete list of attached documents.

ATTENTION! View the completed sample claim for poor-quality door installation:

Watch the video. Protection of consumer rights - return of goods, refusal of service:

Deadlines for document review

There are no deadlines set for the consideration of claims by the organization. The legislation of the Russian Federation does not provide for an exact period for making a decision to refuse or satisfy the buyer’s requirements.

However, from a legal point of view, it is advisable to use the provisions of Federal Law of the Russian Federation N59 “On the procedure for considering citizens’ appeals” of May 2, 2006.

According to it, the organization must make a decision on the claim within thirty days from the date of registration of the appeal.

If within thirty calendar days the company has not sent a response or refused to comply with the customer’s requirements, he has the right to send a written statement to the judicial authority.

Statement of claim to court

Before filing a claim in court, you must try to resolve the conflict yourself. If the company refuses to voluntarily comply with the customer’s demands, a claim should be filed.

Please note! There is no single legal form, but there are requirements that are met when writing it:

mandatory reflection of the name of the court;
information about the plaintiff, his last name, first name, patronymic, registration and residence address, contact telephone number;
last name, first name and patronymic of the defendant or name of the defendant’s organization, its legal address;
information about violation of consumer rights;
a list of demands put forward by the plaintiff;
cost of claim;
information about pre-trial conflict resolution;
list of documents attached to the application.

Please note that the application is accompanied by documents that serve as evidence of violation of consumer rights.

State duty when filing a claim

A state fee is a fee in favor of the state for the commission of legally important actions at the initiative of the plaintiff. Its size directly depends on the cost of the claim.

However, the state duty in accordance with the Federal Law of the Russian Federation N2300-1 “On the Protection of Consumer Rights” of 1992 is not paid. The exception is property claims containing amounts of more than one million rubles.

Attention! State duty calculator.