Bought a door, installed it, revealed a defect? What is the marriage of the entrance metal door - identifying defects Factory door marriage
Case No. 2- 99/2015
SOLUTION
IN THE NAME OF THE RUSSIAN FEDERATION
Nolinsky District Court of the Kirov Region, consisting of:
Presiding Judge Philip E.E.,
under the secretary Nasurdinova L.V.,
with the participation of the plaintiff Vshivtseva N.V., her representative Maksimova T.L.,
examined in open court a civil case under the claim Vshivtseva H.The. to the Limited Liability Company "Geona-Kirov" on the protection of consumer rights,
INST A N O V&L:
Petitioner Vshivtseva N.V. applied to the court with this claim on the grounds that DD.MM.YYYY the parties concluded a contract of sale interior doors, according to which the defendant, who is the contractor, undertook to transfer and install door (interior) structures to the customer. Installation of doors made DD.MM.YYYY. The cost of the door to the hall was roubles, to the bathroom and to the bedroom in the amount of roubles. DD.MM.YYYY, the plaintiff noticed peeling of the film and a chipped corner of the door on the interior door leaf (the door to the hall), and DD.MM.YYYY, a dent on the end of the door, as well as a chip and minor dents on the end of the door (the door to the bedroom). Claims were sent to the defendant for these defects and a response was received stating that the repair or payment for the existing damage was refused. Term warranty period is one year, during which the contractor is obliged to repair the damage. He wishes to terminate the contract for the sale of doors and recover from the defendant the cost of all designs of interior doors in the total amount of rubles, penalties in the amount of kopecks, compensation for non-pecuniary damage in the amount of rubles for the distress and deterioration in health, as well as a fine of 50% of the amount recovered and expenses for the provision of legal assistance in the amount of rubles. Subsequently, the plaintiff increased her claims and asks to recover the cost of all designs of interior doors to the kitchen, bedroom, bathroom, hall in the amount of rubles, fines in the amount of kopecks, compensation for moral damage in the amount of rubles, a fine in the amount of 50% of the satisfied part of the stated requirements, and total kopecks and payment costs legal services in the amount of rubles.
After clarifying the claims Vshivtseva H.The. asks for the replacement of all installed doors with others that meet quality standards. Replace the doors with the forces and means of the defendant Geona-Kirov LLC, as well as pay her a penalty in the amount of kopecks, a fine in the amount of a kopeck, compensate for moral damage in the amount of rubles and pay for the services of a lawyer in the amount of rubles.
Petitioner Vshivtseva N.V. and her representative, Maksimova T.L., supported the specified claims in full, and ask to satisfy them. At the hearing Vshivtseva H.The. explained that she was promised a guarantee for door leaf 5 years, however, due to the careful attitude towards them, they fell into an unusable condition. Spoiled them appearance, namely: chips and dents on the end of the doors of the book and on the other two doors there are dents. She asks to replace low-quality doors with high-quality ones, to recover a penalty, a fine and compensation for moral damage, since when purchasing doors for a sufficiently large amount, she wanted to get high-quality doors that would serve for a long time and please her, however, the existing flaws indicate that the doors were installed its poor quality, the cut was made in the city of Kirov, and not at the factory in Izhevsk, which led to their damage. She was not warned that the sawing would be carried out in the city of Kirov, because then she would not have agreed to this, since she wanted to buy better doors to her apartment. She gets frustrated because of receiving low-quality doors, in addition, she spent a lot of time and money to establish the truth.
The defendant's representative, Geona-Kirov LLC, did not appear at the hearing, but submitted a written response, according to which she disagrees with the claims. The written response indicated that DD.MM.YYYY Vshivtseva H.The. appealed to the Nolinsky District Court of the Kirov Region with statement of claim for the recovery from the Limited Liability Company “Geona - Kirov” of the cost of the entire structure of the interior door, in the amount of RUB, fines in the amount of kopecks, compensation for non-pecuniary damage in the amount of RUB, expenses for legal services in the amount of RUB. a fine in the amount of 50% (fifty percent) of the satisfied part of the claim. LLC "Geona-Kirov" does not agree with the stated claims, considers them not based on the Law on Consumer Rights Protection, unreasonable and not subject to satisfaction in in full. also disagree with the amended and specified requirements, since DD.MM.YYYY between Vshivtseva H.The. and OOO "Geona - Kirov" signed a contract for the sale of interior doors. The subject of the contract is the transfer and installation of door structures (interior), further the goods. Order execution time - 30 working days from the date of measurements. According to section 7 of the agreement, clause 7.1. Warranty for goods according to the manufacturer's passport. Guarantee for installation - one year from the moment of signing by the Customer of the Certificate of the performed works. The warranty does not cover mechanical damages that have occurred and / or discovered after the transfer of the goods to the customer. The risk of damage to the goods passes to the Customer at the time of delivery of the goods. According to clause 9.1. of the contract The Buyer's obligation is to accept the result of the work upon its completion and sign the act of acceptance of the work performed. In case of detection and visible defects of the goods (cracks, scratches, etc.) and / or installation, the Customer is obliged to indicate them in writing in the act of acceptance of the work performed. Otherwise, claims for the quality of the goods and / or installation will not be accepted. According to clause 9.6, the Customer is obliged, upon acceptance of the goods, to verify the completeness and absence of mechanical damage. Otherwise, the Contractor will proceed from clause 7.1. actual agreement. DD.MM.YYYY the order was delivered to the address: Plaintiff accepted the goods and made sure that they were complete and that there were no mechanical damages. The proof is that the order form contains the signature of Vshivtseva N.V., certifying that the goods were received of proper quality, in shape, quantity, dimensions, colors, sizes, configuration and technical specifications the goods correspond to the purposes of its acquisition, there are no external damages to the goods, the purpose of the goods is clear, the procedure and operating conditions are explained. DD.MM.YYYY installation of interior doors. In accordance with clause 9.1, para. 2 clause 11.6 of the contract for the sale of interior doors dated DD.MM.YYYY, an act of completion was drawn up, which indicates the shortcomings of the goods, namely, replace the compartment handles and clamps with bronze color, replace the addition of 1.5 pcs. from 10 cm to 15 cm. DD.MM.YYYYy. the shortcomings indicated in the certificate of completion were eliminated. There are signatures of the parties. Up to DD.MM.YYYY, the plaintiff had no complaints about the quality of the goods and installation. However, in the claim, the plaintiff points out that DD.MM.YYYY defects in the goods were discovered. Thus, the defects of the goods appeared after 212 days or 7 months from the date of installation of the doors. According to the available photographs, the damage is mechanical in nature. The time of formation of the damages indicated by the plaintiff during the period of active operation of the doors. Thus, the damage occurred during the operation of the doors, that is, after the transfer of the goods to Vshivtseva N.V. In accordance with paragraph 6 of Art. Federal Law "On Protection of Consumer Rights", in relation to the goods for which the warranty period is established, the seller is responsible for the shortcomings of the goods, unless he proves that they arose after the transfer of the goods to the consumer, as follows from the above and is confirmed by the case materials, namely the act of work performed and order form, Vshivtseva N.V. received goods of proper quality, in shape, quantity, dimensions, colors, dimensions, configuration and technical characteristics, the goods correspond to the purposes of its purchase, there are no external damage to the goods. OOO Geona-Kirov believes that the damage to the doors is the result of improper operation, as they arose after the transfer of the goods to the consumer. Also, the court appointed and conducted the second forensic examination in the expert institution LLC KREOC. We do not agree with the conclusions of this expert examination: The expert conducted a study and established the following: GOSTs, SNiPs, and other governing documents do not define requirements for edge cladding. The expert, based on the processed statistical data on the enterprises of the city of Kirov, engaged in the manufacture of furniture, including edge cladding, established the following basic requirements for edging: strong adhesion to the surface. Reliable protection ends from moisture penetration. Good mechanical properties. When using low-quality material, the surface quickly becomes unusable (chips, scuffs and flaking are formed). However, the expert does not provide statistical data in his studies, on the basis of which he made such conclusions, and they are not available in the used regulatory and technical literature. The expert also concludes: When measuring the door panels, the following was revealed: The doors have the correct geometric shape, the corners and ends are even. Consequently, the sawing of the investigated doors was made with high quality.
Such shortcomings as: edge swelling, gaps in the joints, chips, cracks on the framed part, were formed as a result of poor-quality edging, and also due to the use of low-grade raw materials of the edge used. The expert in this part indicated that the requirements for edge lining were not defined, and in the conclusions he falsely assumes that the raw materials are of low grade and does not attach any evidence confirming this conclusion. In the hands of the expert were the materials of the civil case, in which there is evidence that the doors were repeatedly installed and dismantled by the plaintiff, as a result of which they received mechanical damage, such as: chipped corners, scratches, peeling off the film coating and dents, which is confirmed by the conclusions of the expert LLC " Excon”, and the conclusion of the expert of KREOC LLC. In this expert opinion, the resulting gap in the butt edging joints is increased, which is why it is of poor quality. Cracks located on the bottom panel of the door could also appear due to poor-quality installation of the door by the plaintiff, since she, without special skills, removed and installed the doors. Also, these cracks were not found during the first forensic examination, therefore, it can be concluded that the cracks appeared as a result of the plaintiff's improper use of the doors. On examination, oval-shaped swellings were also found, under the edge at the end of the sawn and edged part. These shortcomings were also not established earlier by either the plaintiff or the expert at the first forensics. The expert falsely believes that this defect could be formed only due to poor-quality edging. However, these shortcomings could also arise due to improper operation, by heating or high humidity premises. The warranty does not cover mechanical damage that has occurred and / or discovered after the transfer of the goods to the customer. The risk of damage to the goods passes to the Customer at the time of delivery of the goods. Also, in accordance with the passport for interior door leafs and firewood products of the Geona Door Factory, warranty obligations do not apply to defects caused by mechanical impact, as well as resulting from unskilled installation. Thus, as follows from the expert opinion of Excon LLC, KEOC LLC, the defects on the doors have clearly expressed traces of mechanical impact, in addition, there were no defects in the goods. The case also confirms the fact self-assembly doors by a plaintiff who does not have special qualifications for that. As a result, the appointment of a third expert examination in the case at KREOC LLC was inappropriate, and its results are directly opposite to the two expert opinions already in the case. The lawsuit is asked to be dismissed, since the plaintiff Vshivtseva bases them on a direct abuse of her civil rights.
After listening to the explanations of the participants in the trial, the testimony of witnesses FULL NAME1, FULL NAME2, FULL NAME4, examining the written evidence, the court comes to the following.
In accordance with the Law of the Russian Federation of February 07, 1992 No. 2300-1 "On Protection of Consumer Rights", the seller (executor) is obliged to transfer to the consumer the goods (perform work, provide services), the quality of which corresponds to the contract. In the absence of conditions on the quality of goods (work, service) in the contract, the seller (executor) is obliged to transfer to the consumer goods (perform work, provide service) suitable for the purposes for which goods (work, service) of this kind are usually used. If the seller (executor) at the conclusion of the contract was informed by the consumer about the specific purposes of acquiring goods (performing work, providing services), the seller (executor) is obliged to transfer to the consumer goods (perform work, provide a service) suitable for use in accordance with these purposes . When selling goods according to the sample and (or) description, the seller is obliged to transfer to the consumer goods that correspond to the sample and (or) description (Article 4).
In accordance with Art. 18 of this Law, a consumer to whom a product of inadequate quality is sold, if it was not specified by the seller, has the right to demand at his choice: free elimination of defects in the product; proportional reduction of the purchase price; replacement for a product of a similar brand (model, article); replacement for the same product of another brand with a corresponding recalculation of the purchase price, refuse to fulfill the contract of sale and demand a refund of the amount paid for the product. At the same time, the consumer has the right to demand also full compensation for losses caused to him as a result of the sale of goods of inadequate quality, within ten days from the date of presentation of the corresponding requirement (Article 22).
In case of violation of the established deadlines for the performance of work (provision of services) or those appointed by the consumer on the basis of clause 1 of Art. of the Law “On Protection of Consumer Rights” of the new terms, the contractor pays the consumer for each day (hour, if the period is defined in hours) of delay a penalty (penalty) in the amount of three percent of the price of performing work (provision of services), and if the price of performing work (provision of services) contract for the performance of work (provision of services) is not defined - the total price of the order. A contract for the performance of work (provision of services) between the consumer and the contractor may establish a higher amount of the penalty (penalty) (clause 5, article of the Law "On Protection of Consumer Rights").
Plenum Supreme Court Russian Federation in paragraph 46 of the resolution of June 28, 2012 No. 17 "On the consideration by the courts of civil cases on disputes on the protection of consumer rights" explained that when the court satisfies the consumer's claims in connection with the violation of his rights established by the Law on the Protection of Consumer Rights, which were not satisfied voluntarily by the manufacturer (performer, seller, authorized organization or authorized individual entrepreneur, importer), the court collects a fine from the defendant in favor of the consumer, regardless of whether such a claim was made to the court.
I DECIDED:
Claims Vshivtseva H.The. partially satisfy.
Oblige Geona-Kirov Limited Liability Company to replace two doors installed at: , namely: a book door installed in the hall (worth rubles) and a book door installed in the kitchen (worth rubles) with similar doors of good quality, corresponding to GOST.
recover from a limited liability company «Geona-Kirov» in favor of Vshivtseva H.The. a penalty in the amount of kopecks, compensation for non-pecuniary damage in the amount of rubles, a fine in the amount of kopecks, expenses spent on the services of a lawyer in the amount of rubles, and only kopecks, to refuse the rest of the stated claims.
Collect from Geona-Kirov Limited Liability Company a state fee to the budget of the municipal formation Nolinsky Municipal District of the Kirov Region in the amount of rubles, as well as in favor of the Kirov Regional Expert Evaluation Center Limited Liability Company for conducting an examination and giving an opinion on the initiated DD.MM.YYYY and ended DD.MM.YYYY in the amount of () rubles.
The decision can be appealed within a month from the date of its manufacture in the final form to the Judicial Collegium for Civil Cases of the Kirov Regional Court by filing a complaint through the Nolinsky District Court.
Court:
Nolinsky District Court (Kirov Region)Hello. You did everything right, wrote a claim, and you still have a copy. The seller must conduct an examination. In general, if they refuse to return the money or exchange the door, contact the court at the place of residence.
1. The consumer, in case of detection of defects in the goods, if they were not specified by the seller, at his choice, has the right to:
demand a replacement for a product of the same brand (the same model and (or) article);
demand a replacement for the same product of a different brand (model, article) with a corresponding recalculation of the purchase price;
demand a commensurate reduction in the purchase price;
demand immediate gratuitous elimination of product defects or reimbursement of expenses for their correction by the consumer or a third party;
refuse to fulfill the contract of sale and demand the return of the amount paid for the goods. At the request of the seller and at his expense, the consumer must return the goods with defects.
In this case, the consumer has the right to demand also full compensation for losses caused to him as a result of the sale of goods of inadequate quality. Losses are reimbursed within the time limits established by this Law to meet the relevant requirements of the consumer.
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 requirements, the consumer has the right to return the goods of inadequate quality to the manufacturer or importer and demand the return of the amount paid for it.
4. No longer valid. - Federal Law of October 25, 2007 N 234-FZ.
(see text in previous edition)
5. The consumer's lack of a cash or sales receipt or other document certifying the fact and conditions of the purchase of goods is not a basis for refusing to satisfy his requirements.
The seller (manufacturer), an authorized organization or an authorized individual entrepreneur, importer are obliged to accept goods of inadequate quality from the consumer and, if necessary, to check the quality of the goods. The consumer has the right to participate in the quality control of the goods
In the event of a dispute about the causes of defects in the goods, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer are obliged to conduct an examination of the goods at their own expense. Examination of goods is carried out within the time limits established by Articles 20, 21 and 22 of this Law to meet the relevant requirements of the consumer. 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 an examination in court
If, as a result of the examination of the goods, it is established that its defects have arisen 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 an examination, as well as related to its conduct. storage and transportation costs.
(as amended by Federal Law No. 171-FZ of December 21, 2004)
6. The seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer is responsible for the defects of the goods for which the warranty period is not established, 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 the goods for which the warranty period is established, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer is responsible for the defects of the goods, unless he proves that they arose after the transfer of the goods to the consumer due to the violation by the consumer of the rules for the use, storage or transportation of the goods, actions of third parties or force majeure.
Poor service delivery
Every year in our country the number of different individual entrepreneurs and small firms increases. For each service in the battle for the client there are a huge number of companies. 90% of reviews on the Internet are paid, and advertising shows only what will attract the buyer. So, if a door and window installation company installed defective windows and doors, you need to make a refund. If doors with a marriage are installed, the client has every right to demand a refund or replacement. Not everyone can be forced to return the money. Some clients give up, but if knowledge of the laws is present, then the chances of returning the funds spent are much greater. In a situation where doors or windows were installed with marriage, then here the most important law to rely on is the Law on the Protection of Consumer Rights. When making claims, it is better to know in advance some articles of this law. These are articles on the right to a refund, the right to demand replacement of the goods with the proper one, and so on.
Return the money to the consumer
In order to return the money, you need to contact the company where the doors were ordered as soon as possible. In some cases, doors and windows are ordered from one company and installed by another company or by yourself. So, if the item itself is defective, then the claims are against the one who made and sold such a door, and not to the installation. But in most cases, one company is engaged in the sale and installation, and a marriage may appear just the same during the installation. Article 18 federal law on consumer protection, the client has the right:
- Require a replacement for an identical product of good quality
- Request a replacement for the same product from another manufacturer
- Require the elimination of defects in the goods. In the case of doors or windows, imperfections can rarely be corrected.
- Cancel purchase and demand a full refund
By the way, according to Article 27 of the Federal Law on RFP, it is possible to demand a refund or lower the price of a service even if the work is delayed. In our case, installation of a door or window. Or the installation was not carried out within the specified time, at the request of the client, you can extend the time, demand compensation for the delay, hire third parties for quick completion or help yourself, as well as generally refuse the contract and demand money. It all depends on the desire and requirements of the client. However, if the windows or doors were defective, installed on time and there is no marriage at the facility being installed, but the client wants to terminate the contract, then he himself will have to reimburse the money spent.
How to get a refund for the installation
After defects have been discovered, the consumer must write a claim addressed to the seller, where it is necessary to write the date of purchase, his full name, description of the goods and "today's" date, then describe the reason for the claim and what kind of defect was found. Also, in the claim, you must indicate the desired consequences, that is, what the client wants - replacement, refund, correction of the defect. After that, the seller must consider the claim. If the marriage was really obtained during installation by the company or during production, transportation, the seller is obliged to fulfill his obligations to the client. Otherwise, the client has the right to apply to the relevant authorities. In addition to the shortcomings, the client has the right, based on the above articles, to write a claim if, instead of marriage, the window or door does not have the same appearance as specified in the contract - a different color, other decor items, and so on. Of course, if desired, the client can leave everything as it is. The seller is obliged to pay the amount equal to that which the client spent, within 10 days from the date of filing the claim.
If the seller and the buyer agree to a refund and the purchased product is growing in price by this time, the refund should be exactly the amount that will now have to be paid for the purchase of an identical product. If the door or window is without marriage, but poorly installed - demand a refund for the installation and compensation if the jambs and the space where the installation was supposed to be made are damaged.
The results of the installation of low-quality windows and doors
Of course, it can take quite a long time to return the money to the consumer. Especially if the claim was not filed on the day of installation and the seller was found to be unscrupulous, who avoids paying compensation or replacing the item. Relying on articles 18, 27, 28 and 32 of the Law on Consumer Rights, compensation can be obtained through the court. During court proceedings, an examination may be required if the seller claims that the marriage was not obtained through his fault. The client who filed the claim has the right to be present at the examination. Remember that you can return or replace defective goods within 14 days from the date of purchase. After the expiration of this time, it is impossible to return the money spent. The claim should indicate both the date of purchase and the date of writing the application. The term for consideration of the claim and the time for the refund is not included in the 14 days from the start of the purchase.
Important! For all questions in case of poor quality installation of windows and doors, if you do not know what to do and where to go:
Call 8-800-777-32-63.
Consumer protection lawyers, and attorneys who are registered on Russian Legal Portal, will try to help you from a practical point of view in the current issue and advise you on all issues of interest.
It's hard to imagine an apartment or a house without doors, right? The purchase of paintings, as a rule, results in a rather tangible amount, depending on the quantity and material of production. Naturally, if something goes wrong, you want to return these funds.
However, few buyers know that the law is on guard against their interests, and returning the doors to the store is not so a big problem. Unless, of course, you have come across a fraudulent seller, however, in this case, claiming compensation through the court is quite simple.
Is it possible to return
Many people think that building materials are non-refundable, but this is not entirely true. The Consumer Protection Act establishes the ability to return almost anything back to the seller, with the exception of certain quality goods from the list. Among others, there is a line about irrevocable building materials, which the store releases per footage.
However, it is rare that doors are released in this way, respectively they can be returned b. Also, if a thing or object was made personally for you to order, it cannot be returned, no matter how high quality it is.
However, if any shortcomings are found, the law does not put obstacles to the return of doors, even if they are on the above list. Also, a quality product can be returned to an online store, even if it falls under the list (for example, it contains precious inserts).
How to return
The procedure for returning the door is identical to the return of other goods that are not subject to an exchange ban. You must contact the seller with your requirements, reasons for refusal, and wait for his decision on this issue. If there is no response from the seller within 10 days, the sale and purchase transaction is considered invalid, and you have the right to apply to the judicial authorities.
However, in the pre-trial procedure, two cases apply when you can legally take the door back to the store.
- Purchased turned out to be of high quality;
- The one I bought was of poor quality.
Proper quality
You have the right to return a door of good quality within two weeks. If you purchased goods in the online store, then this time is reduced to one week. In both the first and second cases, the countdown starts from the day following the day when the doors were delivered to you (the official transfer of the goods).
So, you have invested in the deadlines, what to do:
- Contact the seller with your problem;
- Give the reasons for the return - the color did not fit, the wrong size or shape of the door;
- Provide the goods themselves in undamaged packaging and with intact properties;
- Present a receipt or any other proof that you purchased the product from this particular seller or store;
- Submit a return application to the seller, keeping one copy for yourself.
Such a return of doors is only possible if you have not installed them. Installed doors are classified as used goods and cannot be returned due to "use".
According to the Law, you have the right to exchange building materials that do not suit you for the same or another brand with the possibility of recalculating the cost. Thus, if the door does not fit in size, you can make an exchange for the product you need according to its characteristics. The same happens when you want to purchase a door of a different brand or color. As a rule, sellers are willing to accept such a return, since only it is prescribed in the Law.
But Refunds at the door are only made when you opted out of the above options. This is spelled out in the law as "if the store does not have what you need." You have the right to say that what you bought did not suit you, and you did not look after anything for a replacement. Then the return of money comes into force - they must be returned within 3 days.
Since the doors are usually delivered directly to your home, you need to remember that the money you spent on it is not refundable. You do not have the right to demand them, as these are the costs of the transport company or courier service, which have fulfilled their obligations to you in full.
When purchasing a set of doors, be prepared that it will not work to change or return only one of them. You will have to return everything that is included in the kit, since the law requires such a return.
Poor quality
The most unfortunate case is when you received a low-quality thing for your rather big money. And when buying doors, this happens quite often. You should know that defects in relation to purchased doors include:
- Convergence or lack of varnish or paint;
- Faded color of one item in a batch;
- Chips that occurred through no fault of the buyer;
- Faulty or jamming mechanism (including locks, if any).
- "Bloated" coating.
It is difficult to imagine a complete list of marriage that you can find in your delivery. However, it is he who will indicate the loss of quality and start the warranty return process.
To return such doors, examination needs to be carried out. She must establish that you and the storage conditions of the doors in your house are not the reasons for the manifestation of such shortcomings. It is recommended to order an independent specialist and pay for his services, as door manufacturers and sellers will put pressure on you, accusing you of improper operation of the door.
If you do not want to involve a third-party expert and trust the seller, you will need to agree to his verification. In order to start this process at all, it is necessary to file a claim about the poor quality of the product provided. It should not be submitted after the warranty period for the door has expired (from 6 months, as a rule).
When claiming a door return, be sure to indicate your requirement. They can be both the exchange and return of the door, and the repair / elimination of defects in it at the expense of the seller. However, even if repairs are possible, you have the right to insist on a refund of your funds, since the law does not oblige you to agree to everything that the store offers.
The claim must be considered within 10 days, and the examination carried out within 30 days. In case you really have nothing to do with it, the seller is obliged to pick up low-quality doors and satisfy your requirements.
If you are faced with the fact that the door seller does not want to accept a claim, you must send it by registered mail(which the company cannot but accept). Be sure to attach a copy of the receipt and, if available, a copy of the verification document to the application. You will need the originals if the case goes to trial.
Suspecting that the seller is violating your rights, it would be useful to involve him in the case - he will carefully study your evidence and be able to influence the seller by starting to check his store. With the response of Rospotrebnadzor and its support, it will be much easier.
This article is useful primarily for those who have a traditional business of entrance and interior doors. A person who came to the salon to pick up doors, in 80% of cases does not know what doors he wants. The task of the seller is to find out where the door leaf is bought (house or apartment), which rooms, what style does the buyer prefer? Lastly, how much is a buyer willing to pay for one painting?
What are the customers in door stores?
"Ignorant" Clients
As statistics show, only 15% of buyers buy immediately, without hesitation and without listening to the recommendations of the seller. The self-conceit of such people is great and the point of view is correct, they know a lot about everything. Selling doors to them, you only need to place an order. Next comes the category of "dunno" buyers (there are many of them), such people do not know much about doors and they need your help if you give them the right recommendations, they are happy in their choice and in the future advise the salon to relatives, friends and friends of friends.
Client "grouche"
Still come across grumblers and inadequate. Grumblers are unhappy, they express dissatisfaction about this (the price is not clear or the font is not right, or expensive - cheap, there is a strange smell of wood in the cabin and much more). Grumps require a separate approach, these people are deprived of attention, and you need to win over such people - this is sometimes asking questions and assenting, and most importantly, listening. I can assure you, you will get a devoted client. Just like the "dunno", he advises you to everyone he knows.
Client "inadequate"
The list ends with the category - inadequate. Such people are extremely rare, but if they meet, they are remembered for sure. These people are rude and noisy, often shouting obscene phrases. It is difficult to work with such people, but it is possible. As practice shows, these people are annoyed by external factors at the time of arrival to the salon. Behave calmly and confidently with such people, try to make contact with them, usually they themselves ask what's what. If you manage to locate such a client, count on commissions. Such customers make expensive purchases.
Rules for the sale of interior doors
Now consider the algorithms for selling entrance and interior doors:
1. We meet the client standing and with a smile (this is inviting).
2. With a gesture of the hand, we invite the buyer to go into the hall, get acquainted with the goods.
3. Keep a distance of 1.5 - 3 meters.
4. To start a dialogue with the buyer, we are not loud, but so that he hears, we characterize the door (to which he paid attention, not a lot, a couple of phrases).
5. Find out where the buyer chooses the door (house or apartment).
6. From memory, we ask the client to describe the interior where the door is being bought.
7. We ask which doors he wants, with or without glass, with veneer or laminated. We identify buyer priorities.
8. Comparing the above, we select 2, maximum 3 canvases for the client.
9. We lead the client to the door that suits the requirements and ask if they like it?
10. If the answer is positive, connect the eloquence and give a full description of this canvas.