Complaint about poor quality furniture

The role of the complaint

This document allows the buyer of a product or recipient of a service to declare that it was provided under improper conditions. A claim can be made based on the quality, quantity, assortment, weight of any inventory items, unilateral changes in their value, delivery time, etc. parameters.

Thus, the complaint records a violation of consumer rights , and in the future can be submitted to the court, provided that no actions were taken by the responsible organization or their implementation did not satisfy the requests of the injured party.

How to write a complaint about a furniture store - sample and recommendations

Buying furniture is a serious and expensive undertaking for the family budget. Often you have to save for it for many months, denying yourself everything. And if the purchased furniture turns out to be of poor quality, such sacrifices become in vain.

A good knowledge of the law on consumer protection and the ability to competently convey your requirements to the seller will help solve the problem. They will be useful when filing a complaint with the store for low-quality furniture. Its content will largely determine whether the buyer’s money will be returned.

Who writes the document

The complaint can be made either on behalf of an individual or on behalf of an organization. In the second case, this letter can be written by any employee of the company who is authorized to create such claims and has a sufficient level of knowledge, qualifications and familiar with the legislation of the Russian Federation. Typically, this function falls within the competence of a lawyer, the head of the structural unit that is directly related to the agreement between the parties, or the secretary. In any case, the document must be agreed upon with the head of the organization.

SAMPLE claim for terms of provision of furniture:

General Director of Lastochka LLC

From:________________________________ Address:_______________________________

CLAIM

On February 16, 2013, an agreement for the purchase and sale of kitchen furniture of the Victoria model with delivery and assembly was concluded between me and your organization (Purchase and Sale Agreement No. 8B9BR00023 and Agreement to the Sale and Purchase Agreement No. 8B9BR00023 dated February 16, 2013).

I made an advance payment of 100,000 rubles. (One hundred thousand of rubles). The fact of payment was confirmed by a Cashier's Receipt dated February 16, 2013. The total cost of the furniture in accordance with the Agreement and the Specification for the Sale and Purchase Agreement is 208,748 rubles. (Two hundred eight thousand seven hundred forty-eight rubles). I fulfilled all my obligations to your organization at that stage.

The agreement concluded between me and your organization is a purchase and sale agreement. Therefore, our legal relations are regulated by the norms of the Law of the Russian Federation “On the Protection of Consumer Rights” and regulations adopted in accordance with this Law.

According to the Agreement, the period for fulfilling the obligation to provide furniture is 45 days, which is reflected on the first form of the Kitchen Project (drawing), which is kept by your manager. However, as of April 17, 2013, the contract was not fulfilled, the furniture was not delivered to me. As a result, I am forced to file a claim to terminate the contract and demand a refund of the money paid under the Contract.

In accordance with Articles 309, 310 of the Civil Code of the Russian Federation and Art. 4 of the Law of the Russian Federation “On the Protection of Consumer Rights” the seller is obliged to fulfill the Agreement in accordance with its terms. However, on the part of your organization there is a unilateral refusal to fulfill the obligation to provide furniture. Also, your organization is withholding funds belonging to me without legal grounds.

The Law “On Protection of Consumer Rights” establishes liability for late provision of goods. In accordance with Art. 23.1. According to the Law of the Russian Federation, a purchase and sale agreement, which provides for the consumer’s obligation to pre-pay for the goods, must contain a condition on the period of transfer of the goods to the consumer. If the seller, who has received the advance payment amount in the amount specified in the purchase and sale agreement, has not fulfilled the obligation to transfer the goods to the consumer within the time period established by such agreement, the consumer, at his choice, has the right to demand:

• - transfer of the paid goods within the new period established by him;
• — return of the amount of advance payment for goods not transferred by the seller.

In this case, the consumer also has the right to demand full compensation for losses caused to him as a result of violation of the deadline established by the sales contract for the transfer of prepaid goods. In this case, the seller pays the consumer 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.

The amount of the penalty (penalty) collected by the consumer cannot exceed the amount of advance payment for the goods. The consumer's demands for the return of the amount paid for the goods and for full compensation for losses are subject to satisfaction by the seller within ten days from the date of presentation of the corresponding demand.

Calculation of penalties

From April 18, 2013 to May 8, 2013 – 19 days 19 days x 0.5% per day – 9.5% of 100,000 rubles. = 9,500 rub. (Nine thousand five hundred rubles). Based on the aforesaid and guided by Article. Art. 4,15,23.1. Law of the Russian Federation “On the Protection of Consumer Rights”

I DEMAND:

1. Pay me a penalty in the amount of 9,500 rubles. (Nine thousand five hundred rubles).
2. I refuse to execute the Sale and Purchase Agreement No. 8B9BR00023 and the Agreement to the Sale and Purchase Agreement for the provision of additional services and demand the return of the amount paid under Agreement No. 8B9BR00023 in the amount of 100,000 rubles. (One hundred thousand of rubles).

In total I demand to pay 109,500 rubles. (One hundred nine thousand five hundred rubles).

In case of refusal to satisfy my legal demands within 10 days from the receipt of this claim, I will be forced to go to court and demand, in addition to the above, also compensation for moral damage.

date

Signature

Submission deadlines

There are no clearly established deadlines for filing a complaint. As a rule, they are valid for the entire period of the warranty for the product or service, or, if there is no such warranty, then the period for filing a claim is at least two years . In other cases, claims may be accepted within a period similar to the limitation period (three years).

It should be noted that the period for filing a complaint is quite often regulated by an agreement or contract concluded between the two parties.

In case of violation of this clause, the issue regarding the claim can only be resolved in court.

If the furniture is delayed...

Let’s imagine this situation: the customer’s long-awaited furniture was not delivered on time. Happens all the time. Can the consumer demand any compensation in this case? Of course it can. But here everything depends on the type of contract that was concluded with the seller or contractor.

For late provision of furniture under a purchase and sale agreement, liability is established in the amount of 0.5% per day of the prepayment amount (Article 23.1 of the Law of the Russian Federation “On the Protection of Consumer Rights”). If payment was made 100 percent, then from the full amount. Calendar days are used for calculations. However, keep in mind: the amount of the penalty cannot exceed the amount of advance payment for the goods.

If the seller, who received an advance payment under the sales contract, does not deliver the furniture to the customer on time, the consumer, at his choice, has the right to demand:

• transfer of the paid goods within the new period established by him;
• or refund of the prepayment amount for goods not transferred by the seller.

In this case, the consumer also has the right to demand full compensation for losses caused to him by violation of the delivery time for prepaid goods.

For late execution of a work contract, a higher liability is provided - 3% of the total price of the contract for each day of delay (Article 28 of the Law of the Russian Federation “On the Protection of Consumer Rights”). Calendar days are used for calculations.

If the contractor has violated the deadlines for completing the work under the contract, the consumer, at his own discretion, has the right to:

• assign a new term to the executor;
• entrust the performance of work (provision of services) to third parties for a reasonable price;
• or perform it on your own and demand compensation from the contractor for expenses incurred;
• demand a reduction in the price for performing work (providing a service);
• refuse to fulfill the contract for the performance of work (provision of services).

Compilation rules

Today, this document does not have a mandatory unified template, so it can be drawn up in any form or according to a template developed within the enterprise and approved in its accounting policy.

Regardless of which format is chosen, the form must include a number of specific information:

• information about the company against which the claim is being made (its name, position and full name of the manager),
• information about who is filing the claim,
• the essence of the complaint,
• date of compilation,
• a link to the contract under the terms of which the complaint is being written.

According to the rules for drawing up claims, they must be legally justified . In this case, such justification includes any documentary evidence and confirmation that the terms of the contract or the law were violated. In the document, all these papers must be indicated as attachments .

You should be very careful when drawing up a complaint, not forgetting that at some point this document may become evidence in court. When completing it, you must try to avoid mistakes, as well as entering unfounded, unreliable and, especially, deliberately false information.

Claim for return of a sofa of inadequate quality

• Next comes the legislative part. It states that the return is carried out on the basis of Article 18 of the Law “On Protection of Consumer Rights”. This part also specifies the requirement that the store must satisfy on the basis of this article. At the end of this part it is indicated that the claim must be considered within the time frame established by Article 22 of the Law “On the Protection of Consumer Rights;
• Then a list of materials attached to the claim is written down (photocopy of the receipt, warranty card and other additional documents);
• At the very end, a personal signature and the date of drawing up the claim are affixed;

return claims.doc Warning The claim is made in two copies, one of which remains in the hands of the buyer, and the second is submitted to the seller for consideration. The maximum period for consideration of a claim is ten days.

Design rules

Both the content of the complaint and its execution are made freely. The claim can be written on a standard A4 sheet, or on the company’s letterhead, both handwritten and printed.

The main condition: the claim must be certified by the personal signature of the applicant.

It is not necessary to put a stamp on the document, since neither individual entrepreneurs nor legal entities (since 2021) are required to use it in their activities.

The complaint is drawn up in two copies , one of which is sent to the supplier of the goods or service provider, and the second remains with its author. It is advisable to first endorse the second copy from the responsible party.

Procedure for returning a sofa to the store

The content of the article

Otherwise, the claim will not be considered (Article 135 of the Code of Civil Procedure of the Russian Federation). Therefore, we recommend that you submit your claim in writing.

1. It is best to make a claim in writing in 2 copies, one of which is given to the seller, and on the second he puts a stamp of acceptance.
2. The text of the application must consistently state the essence of the problem, paying attention to the circumstances of the purchase of the goods and the essence of the problem.
3. When describing the product, all characteristics that are known to the buyer are indicated.

How to submit a complaint

There are several ways to forward a complaint to the recipient.

1. The first is to give it personally to a representative of the defendant company in the claim.
2. The second, no less reliable, but more time-consuming, is to send by registered mail with return receipt requested.
3. The third option is to send the complaint via email, but in this case, there is no guarantee that the addressee will receive the message, since it may go to the Spam folder or get lost in some other way.

How to return an advance payment for furniture

In order to return the advance payment made for the supply of furniture, it is necessary to provide the seller with the corresponding request in writing, ensuring the proper procedure for its (demand) transfer - delivery against signature or sending by mail with an inventory and notification of delivery.

If the buyer is refused to satisfy his legal demand on a voluntary basis, further struggle for rights is possible only in court. In this case, the plaintiff has the opportunity to additionally demand compensation for moral damage.

Our lawyers will help you competently draw up a statement of claim, taking into account all fines and penalties provided for by law, and will represent your interests in court.