How to return money for a custom-made kitchen under the PPP law?

Returning a kitchen of good quality: return features

According to the Law “On the Protection of Consumer Rights” (paragraph 4, paragraph 4, article 26.1) , furniture made according to the individual order of the buyer, provided that the quality of this furniture meets the requirements, is not subject to return or exchange.

This approach is quite understandable. After all, the store’s chances that a custom-made kitchen set will suit someone else are close to zero.

The contractor is obliged to manufacture furniture in strict accordance with the project from high-quality material, select all elements in size and fully complete the finished product. If the order is completed on time, but the work is of poor quality, the consumer has the right to demand that the defects be eliminated.

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The procedure for returning furniture back to the store

A buyer who wants to return a purchased headset of inadequate quality may encounter certain difficulties:

Before unpacking and/or assembling the product, a document was signed indicating that the client has no complaints about the quality of the delivered product. The presence of such an agreement greatly complicates and delays the return (exchange) process. If the purchaser did not sign any contract and after assembling the headset - independently or with the involvement of hired workers - discovered flaws, the process will proceed as usual;
The item has no defects, but was delivered and collected (if such a service is agreed upon) later than the deadline established in the contract. In this case, in accordance with the Law on the Protection of Consumer Rights, the purchaser has the opportunity to demand a deduction of the penalty for failure to meet deadlines from the cost of the goods;
For one reason or another, the buyer did not save (lost) the payment document (receipt) indicating the transaction. In accordance with the same law, the supplier cannot refuse to return money or exchange goods if the client is able to provide witnesses to the transaction (for example, acquaintances, relatives, friends who accompanied him or someone from the retail outlet staff) or has not yet 30 days have passed since the date of purchase and it is possible to check the cash register tape stored for the duration of this time.

Cases in which you can return a kitchen

Purchasing furniture, especially kitchen units, is a serious matter. Everyone wants the purchased furniture to please its owner for many years. Therefore, the process of buying furniture should be approached with the utmost seriousness.

But what to do if, instead of the joy of receiving the long-awaited headset, you only experienced disappointment because it did not fit in size, turned out to be defective or damaged?

Is it possible to return it to the furniture showroom, and what does the current legislation of the Russian Federation say about this? Let's try to figure it out.

In this case, the Law of the Russian Federation of 02/07/1992 will guard the interests of citizens. No. 2300-I “On the protection of consumer rights.” From the very name of the law it becomes obvious whose rights and interests it is intended to protect.

A citizen will be able to return previously purchased pieces of furniture to the furniture showroom in the following cases:

during acceptance of the purchased piece of furniture or during operation, a manufacturing defect was identified, due to which the further safe operation of this furniture is impossible;
if a separate piece of furniture is purchased and it does not suit the color, size or other characteristics. But if a set of furniture or a furniture set was purchased, it will not be possible to make a return on this basis.

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This rule is enshrined in the provisions of paragraph 8 of the List of non-food products of good quality that cannot be returned or exchanged for a similar product of a different size, shape, size, style, color or configuration, approved by Decree of the Government of the Russian Federation dated January 19, 1998. No. 55 “On approval of the Rules for the sale of certain types of goods, a list of durable goods that are not subject to the buyer’s requirement to provide him free of charge for the period of repair or replacement of a similar product, and a list of non-food products of good quality that are not subject to return or exchange for a similar product of others size, shape, dimensions, style, color or configuration.”

Legislative framework: grounds

Before contacting the manufacturer, it is advisable for the customer (consumer) to familiarize themselves with the rules of law in order to resolve the current situation.

The basis of the transaction for the manufacture of a custom-made kitchen is a contract (provision of services), therefore, the consumer must apply the rules from Chapter III of the Law on the Protection of Consumer Rights.

Regulations	Description
clause 1 art. 28 of the Law of the Russian Federation “On the Protection of Consumer Rights”	If the contractor violated the deadlines for performing the work (providing a service) - the start and (or) completion dates for the performance of the work (providing the service) and (or) intermediate deadlines for performing the work (providing the service) or during the performance of the work (provision of the service) it became obvious that it is not completed on time, the consumer has the right to refuse to fulfill the contract for the performance of work (provision of services) ;
clause 1 art. 29 of the Law of the Russian Federation “On the Protection of Consumer Rights”	The consumer has the right to refuse to fulfill the contract for the performance of work (rendering a service) and demand full compensation for losses if, within the period established by the specified contract, the shortcomings of the work performed (service provided) are not eliminated by the contractor . The consumer also has the right to refuse to fulfill the contract for the performance of work (provision of a service) if he discovers significant deficiencies in the work performed (service provided) or other significant deviations from the terms of the contract.
clause 5 art. 28 of the Law of the Russian Federation “On the Protection of Consumer Rights”	In case of violation of the established deadlines for completing the work (rendering the service), (penalty) in the amount of 3% for each day of delay . The agreement on the performance of work (provision of services) between the consumer and the contractor may establish a higher amount of the penalty (penalty). The amount of the 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.

Important!

In accordance with Art. 332 of the Civil Code of the Russian Federation, the creditor has the right to demand payment of a penalty determined by law (legal penalty), regardless of whether the obligation to pay it is provided for by agreement of the parties. Within the meaning of this rule of law, the amount of the penalty established by Art. 28 of the Law of the Russian Federation “On the Protection of Consumer Rights” cannot be reduced by the parties when concluding an agreement. According to Art. 422 of the Civil Code of the Russian Federation, the contract must comply with the rules mandatory for the parties established by law and other legal acts in force at the time of its conclusion. This means that if your contract contains a penalty of 0.001%, then this is contrary to the requirements of the legislation of the Russian Federation; the correct penalty is 3%.

Art. 31 of the Law of the Russian Federation “On the Protection of Consumer Rights”	The consumer's demands for the return of the amount of money paid for the work (service) and compensation for losses caused in connection with the refusal to fulfill the contract, provided for in paragraph 1 of Art. 28 and paragraphs. 1 and 4 tbsp. 29 of this Law are subject to satisfaction within ten days from the date of presentation of the corresponding demand. For violation of the deadlines for satisfying individual consumer requirements provided for in this article, the contractor pays the consumer a penalty (fine) for each day of delay, the amount and procedure for calculating it is determined in accordance with clause 5 of Art. 28 of this Law.
Art. 15 of the Law of the Russian Federation “On the Protection of Consumer Rights”	Moral damage caused to the consumer as a result of violation by the manufacturer (executor, seller, authorized organization or authorized individual entrepreneur, importer) of consumer rights provided for by the laws and legal acts of the Russian Federation regulating relations in the field of consumer rights protection is subject to compensation by the causer of harm if he is at fault. The amount of compensation for moral damage is determined by the court and does not depend on the amount of compensation for property damage.
clause 6 art. 13 of the Law of the Russian Federation “On the Protection of Consumer Rights”	If the court satisfies the consumer's requirements established by law, the court collects from the manufacturer (executor, seller, authorized organization or authorized individual entrepreneur, importer) for failure to voluntarily satisfy the consumer's requirements a fine in the amount of fifty percent of the amount awarded by the court in favor of the consumer.
Art. Art. 98, 100 GPC	Collection of legal expenses from the losing party (legal services, execution of a notarized power of attorney, consultations with specialists, etc.).

One of the options for protecting consumer rights is to cancel the contract with the return of money paid as payment for the work. Let's consider in what cases the seller is obliged to satisfy the customer's claims.

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If you bought a kitchen online from an online store: analysis of possible situations

Good quality

If the item has not yet been delivered to you, you can already refuse it. After the transfer you can cancel within 7 days.

If the seller does not attach documents indicating the procedure and terms for returning goods of proper quality, you can refuse the goods within 3 months from the date of its transfer.

To return the product, it must not be in use, its presentation, consumer properties, as well as a document confirming the fact and conditions of purchase of the product must be preserved.

If there is no such document, then you can refer to other evidence of purchasing the goods from this seller (a screenshot of the online store’s personal account, a purchase notification by email or SMS).

If the product in the online store differs from what was delivered to you, this may also serve as a reason to return it to the seller and receive a refund.

In case of refusal of the goods, the seller must return to the consumer the amount of money paid under the contract, with the exception of the seller’s expenses for delivery of the returned goods from the consumer, no later than 10 days from the date the consumer submits the corresponding demand.

Important!

Any goods purchased via the Internet, even technically complex ones and goods from the list of non-returnable goods, can be returned.

Defective goods

If defects are discovered in a product purchased remotely (in an online store), you have the right to:

replacement with a kitchen set of a different type with recalculation of the price;
reduction in purchase price;
free repairs or compensation for repairs;
refund.

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