This article is primarily useful for those who have a traditional business of input and interior doors... A person who came to the salon to pick up the doors in 80% of cases does not know which doors he wants. The seller's task is to find out where the door leaf is bought (house or apartment), in which rooms, what style does the buyer prefer? Last but not least, how much is the buyer willing to pay for one canvas?
What kind of customers are there in door shops?
Dunno clients
As statistics show, only 15% of buyers buy immediately, without hesitation and without listening to the seller's recommendations. The self-esteem of such people is great and the point of view is correct, they know a lot about everything. Selling doors to them, all you need to do is place an order. Next comes the category of buyers "dunno" (there are many), such people know little about the door and they need your help if you give them the right recommendations, they are happy in their choice and further advise the salon to relatives, friends and friends of friends.
Customer "grumbler"
Still grumblers and inadequate come across. Grumblers are dissatisfied, they express dissatisfaction about this (the price is not clear or the font is not so, or expensive - cheap, in the cabin there is a strange smell of wood and much more). Grumblers require a separate approach, these people are deprived of attention and you need to win over such people - this is sometimes asking questions and assent, and most importantly listening. I can assure you you will get a loyal client. Just like the "dunno", he advises you to everyone he knows.
Customer "inadequate"
At the end of the list is the category - inadequate. Such people are extremely rare, but if they do, 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 coming to the salon. With such people, behave calmly and confidently, try to make contact with them, usually they themselves ask what's what. If you manage to accommodate such a client, expect a commission. These customers make expensive purchases.
Rules for the sale of interior doors
Now let's look at the algorithms for selling entrance and interior doors:
1. We meet the client standing up and smiling (this disposes).
2. With a gesture of the hand, we invite the buyer to go into the hall, get acquainted with the product.
3. We keep at a distance of 1.5 - 3 meters.
4. To start a dialogue with the customer, we are not loud, but for him to hear, 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 what kind of doors he wants, with or without glass, with veneer or laminated. We identify the priorities of the buyer.
8. Comparing the above, we select 2, maximum 3 canvases for the client.
9. We bring the client to the door that suits the requirements and ask, do you like it?
10. If the answer is yes, turn on eloquence and give a full description of this canvas.
Poor service delivery
Every year in our country, the number of different individual entrepreneurs and small firms is increasing. For each service in the battle for the client, a huge number of companies are involved. 90% of reviews on the Internet are paid for, and advertising shows only what will attract a buyer. So, if the company for installing doors and windows installed defective windows and doors, you need to make a refund. If the doors are defective, the client has every right to demand a refund or replacement. Not everyone can be forced to return their money. Some clients give up, but if knowledge of the laws is present, then the chances of getting back the money spent are much greater. In a situation where doors or windows were installed with defects, then here the most important law to rely on is the Law on the Protection of Consumer Rights. When making a claim, it is better to know in advance some of the articles of this law. These are articles on the right to a refund, on the right to demand replacement of goods for a proper one, and so on.
Consumer return money
In order to get the money back, 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 the installation is carried out by another company or independently. So if the defective item itself is installed, then the claims are to 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 the marriage may appear just during the installation. According to article 18 of the federal law on consumer protection, the client has the right to:
- Require replacement for an identical product of proper quality
- Require replacement for the same product from another manufacturer
- Request the elimination of defects in the goods. In the case of doors or windows, imperfections can rarely be remedied.
- Refuse to 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 a reduction in the price of a service even if the work is delayed. In our case, the installation of a door or window. Or the installation was not completed within the specified period, at the request of the client, you can increase the period, demand compensation for delayed deadlines, hire third parties for quick implementation or help yourself, as well as cancel the contract altogether and demand money. It all depends on the wishes and requirements of the client. However, if the windows or doors are 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 money back for installation
After the deficiencies have been discovered, the consumer must write a claim addressed to the seller, where it is necessary to write the purchase date, his name, product description and "today" date, then describe the reason for the claim and what kind of deficiency was discovered. Also, in the claim, you must indicate the desired consequences, that is, what the client wants - replacement, refund, correction of a defect. After, the seller must consider the claim. If the marriage was actually received during the 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 contact the appropriate authorities. In addition to shortcomings, the client has the right, relying on the above articles, to write a claim if, instead of a marriage, a window or door has a different 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 an amount equal to that which the client has 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 increasing 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 not defective, but poorly installed, demand a refund for the installation and compensation, if the jambs and the space where the installation should have been made are damaged.
Results of installing substandard windows and doors
Of course, it can take a long time to get the consumer back. Especially if the claim was not filed on the day of installation and the seller is caught unscrupulous, who evades paying compensation or replacing things. Based on articles 18, 27, 28 and 32 of the Consumer Rights Act, compensation can be obtained through the courts. In the course of the proceedings by the court, an examination may be required if the seller claims that the marriage was obtained through no fault of his. The client who has filed a claim has the right to be present at the examination. Remember that you can return or replace a defective product 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 statement. The period for consideration of the claim and the time for refunds is not included in 14 days from the beginning 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 lawyers 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.
Termination of the contract in court.
One of the pressing problems faced by the consumer when concluding mixed contracts with the condition of selling the goods and the subsequent provision of services for the installation / maintenance of the goods is the elimination of defects in the goods or work identified during the installation and operation.
Often, it is very difficult or impossible for a company / entrepreneur to eliminate the shortcomings identified, for example, when the seller installed doors (interior and entrance), window structures and loggias. The answer to the customer's oral and written requests for elimination of deficiencies may be silence and inaction, or an outright refusal of the other party to the contract. Many citizens understand that it is possible to defend their right and achieve the fulfillment of their requirements in court, but they do not dare to waste time, nerves, money on litigation. However, the consumer's right to appeal to the courts to restore their legal rights is undeniable.
The Rospotrebnadzor Office for the Penza Region (hereinafter referred to as the Office) was approached by a consumer M.SS. AND".
During the operation of the front door, many shortcomings were revealed: the lacquer coating swelled and crumbled, the door hinges were not adjusted, the sealing gum broke and flew off around the entire perimeter of the door, the jamb and the door itself from the inside were covered with frost in cold weather, with a strong wind inside the room at the door in winter a snowdrift was formed.
There was no information on special operating conditions in the contract, therefore M.S.S. used the product for its intended purpose, for which the product of this kind is usually used.
Claims of M.S.S. defects in the goods in the service office were not accepted. There was no response to the claim sent by mail, and actually received by LLC "PI" according to the delivery receipt.
The specialists of the Penza Region Rospotrebnadzor Administration studied the materials of the consumer's appeal by MS, provided explanations of the legislation, and also made a decision to protect the violated consumer rights in court.
By its actions: by selling a door of inadequate quality, refusing to eliminate defects, and then failing to comply with the requirements for the return of money for a poor-quality product, that is, by failing to satisfy the legal requirements of the consumer, the legal entity LLC PI violated its rights provided by the Law of the Russian Federation "On Protection of Consumer Rights ".
According to Art. 18 of the Law of the Russian Federation of 07.02.1992. No. 2300-1 "On the Protection of Consumer Rights" (hereinafter referred to as the Law), in the event of deficiencies in the product, if they were not agreed by the seller, the consumer has the right to: refuse to execute the sales contract and demand the return of the amount paid for the goods. 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.
As a result, the court concluded that the consumer's claims are justified and subject to satisfaction in terms of collection from the defendant LLC "PI" in favor of the consumer M.S.S.
- cash in the amount of 12,000 rubles. since it was sold steel door with disadvantages;
- compensation for moral damage in the amount of 2000 rubles.
According to the legislation, payment of the state duty in the amount of 680 rubles. the court imposed on the defendant (LLC "P-I").
In addition, for the refusal to voluntarily satisfy the consumer's requirements, the court exacted a fine from the defendant (LLC "PI") in the amount of 50% of the amount awarded to the consumer, which amounted to 7000 rubles.
The decision came into legal force.
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 of L.V. Nasurdinova,
with the participation of the plaintiff Vshivtseva N.V., her representative Maksimova T.L.,
Having examined in open court a civil case at the suit of Vshivtseva H.The. to the limited liability company "Geona-Kirov" on the protection of consumer rights,
U S T A N O V I L:
Plaintiff Vshivtseva H.The. went to court with this claim on the grounds that DD.MM.YYYY between the parties concluded an agreement for the sale of interior doors, according to which the defendant, who is the executor, undertook to transfer and install the door (interior) structures to the customer. The doors were installed by DD.MM.YYYY. The cost of the door to the hall was, to the bathroom, rubles, and to the bedroom, in the amount of rubles. DD.MM.YYYY the plaintiff noticed on the linen of the interior door (the door to the hall) peeling of the film and the chip of the corner of the door, and DD.MM.YYYY was found on the linen of the interior door (door to the bathroom) a dent on the end of the door, as well as a chip and minor dents on the end of the door (door to the bedroom). Claims were sent to the defendant for these defects and a response was received about the refusal to repair or pay for the existing damage. The warranty period is one year, during which the contractor is obliged to repair the damage. Desires to terminate the door sale and purchase agreement and recover from the defendant the cost of all interior door structures in the total amount of rubles, a penalty in the amount of kopecks, compensation for moral damage in the amount of rubles for the suffering caused and deterioration of 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, a penalty 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 claims, and only kopecks and expenses for legal services in the amount of rubles.
After clarifying the claims Vshivtseva H.The. asks for replacement of all installed doors to others that meet quality standards. The doors should be replaced by the forces and means of the defendant LLC "Geona-Kirov", as well as to pay her fines in the amount of kopecks, a fine in the amount of a penny, compensate for moral damage in the amount of rubles and pay for the services of a lawyer in the amount of rubles.
Plaintiff Vshivtseva H.The. and her representative, T.L. Maksimova, upheld the amended claims in full, and asked to satisfy them. At the hearing Vshivtseva H.The. explained that she was promised a guarantee for the door leaf for 5 years, however, due to the careful attitude towards them, they became unusable. Their appearance has deteriorated, 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 forfeit, a fine and compensation for moral damage, since 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 are installed its poor quality, the sawing was made in 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, since she would not have agreed then, since she wanted to buy better doors to her apartment. She gets frustrated by receiving substandard doors, and it has also spent a lot of time and money to establish the truth.
The defendant's representative, Geona-Kirov LLC, did not appear at the hearing, however, she submitted a written response, according to which she did not agree with the claims. The written response indicates that DD.MM.YYYY Vshivtseva H.The. applied to the Nolinsky District Court of the Kirov Region with a statement of claim to recover from the Geona-Kirov Limited Liability Company the cost of the entire interior door structure, in the amount of rubles, a fine in the amount of kopecks, compensation for moral damage in the amount of rubles, payment costs 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 Protection of Consumer Rights, unreasonable and not subject to full satisfaction. Also do not agree with the amended and clarified requirements, since DD.MM.YYYY between Vshivtseva N.The. and LLC "Geona - Kirov" signed a contract for the sale and purchase of interior doors. Subject of the contract - transfer and installation door designs(interroom), further goods. The order execution time is 30 working days from the date of measurements. According to section 7 of the agreement, clause 7.1. Warranty for the goods according to the manufacturer's passport. Installation warranty - one year from the date of signing by the Customer of the Certificate of Completion. The warranty does not cover mechanical damage arising 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 transfer of the goods. According to clause 9.1. of the agreement The Buyer's obligation is to accept the result of the work upon its completion and sign the acceptance certificate of the work performed. In case of revealing 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 delivery and acceptance of the work performed. Otherwise, claims for the quality of the product and / or installation will not be accepted. According to clause 9.6, the Customer is obliged, upon receipt of the goods, to make sure that they are complete and free from mechanical damage. Otherwise, the Contractor will proceed from clause 7.1. actual agreement. DD.MM.YYYY delivery of the order to the address: The plaintiff accepted the goods and made sure of the completeness and absence of mechanical damage. The proof is that the order form contains the signature of N.V. Vshivtseva, certifying that the goods have been received of proper quality, in shape, quantity, dimensions, colors, dimensions, configuration and technical specifications the product meets the purposes of its purchase, there is no external damage to the product, the purpose of the product is clear, the procedure and operating conditions are explained. DD.MM.YYYY installation of interior doors was carried out. In accordance with clause 9.1, para. 2 clause 11.6 of the contract for the sale of interior doors from DD.MM.YYYY, an act of completed work was drawn up, which indicates the shortcomings of the goods, namely, replace the compartment handles and clamps with the color of bronze, replace the addition of 1.5 pcs. from 10 cm to 15 cm. DD.MM.YYYYy. the deficiencies indicated in the act of performed work 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 revealed defects in the goods. 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 of a mechanical nature. The time of formation of the damage 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.The. In accordance with paragraph 6 of Art. The Federal Law "On Protection of Consumer Rights", in respect of the goods for which the warranty period is established, the seller is responsible for the defects of the goods, if he does not prove that they arose after the transfer of the goods to the consumer, as follows from the above and is confirmed by the materials of the case, namely the act of work performed and the order form, Vshivtseva N.The. received goods of proper quality, in shape, quantity, dimensions, colors, sizes, configuration and technical characteristics, the goods correspond to the purposes of its purchase, there is no external damage to the goods. Geona-Kirov LLC believes that the damage to the doors is the result of improper operation, as it arose after the transfer of the goods to the consumer. Also, the court appointed and carried out a second forensic examination in the expert institution KREOTS LLC. They do not agree with the conclusions of this expert examination: The expert conducted a study and established the following: GOSTs, SNiPs, other governing documents do not define the 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 deteriorates (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, as they are not available in the used normative and technical literature. The expert also concludes: The measurements of the door panels revealed the following: The doors have the correct geometric shape, the corners and ends are even. Consequently, the cut of the investigated doors was made with high quality.
Such disadvantages as: edge swelling, gaps in the joints, chips, cracks on the framed part, were formed as a result of poor-quality edging, as well as due to the use of low-grade raw materials used for the edge. The expert pointed out in this part that the requirements for edge cladding were not defined, and in the conclusions it falsely assumes that the raw materials are of low grade and does not attach any evidence to support this conclusion. In the hands of the expert were materials of a 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 LLC" KREOTS ". In this expert opinion, the resulting gap in the butt edge edges is increased, which is why it is of poor quality. The cracks on the bottom panel of the door could also appear if the door was installed poorly 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 improper use of the doors by the plaintiff. 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 previously established by either the plaintiff or the expert during the first forensic examination. The expert falsely believes that this flaw could have formed only due to poor-quality edging. However, these disadvantages could also arise due to improper operation, by heating or high humidity in the room. The warranty does not cover mechanical damage arising 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 transfer of the goods. Also in accordance with the passport for interior door leaves and sealed products of the Geona Door Factory, the warranty does not cover defects caused by mechanical impact, as well as those arising from improper installation. Thus, as follows from the expert opinion of LLC "Excon", LLC "KEOC", the defects on the doors have clearly pronounced traces of mechanical impact, in addition, there were no defects in the goods. Also, the materials of the case confirm the fact self-assembly doors by a plaintiff who does not have any special qualifications. As a result, the appointment of a third expert examination in the case at KREOTS LLC was inappropriate, and its results are directly opposite to the two expert opinions already available in the case. The claim is asked to refuse, since the plaintiff Vshivtseva bases them on a direct abuse of her civil rights.
After hearing the explanations of the participants in the proceedings, the testimony of witnesses FULL NAME1, FULL NAME2, FULL NAME4, having examined the written evidence, the court comes to the following.
In accordance with the Law of the Russian Federation of February 7, 1992 No. 2300-1 "On Protection of Consumer Rights", the seller (performer) is obliged to transfer to the consumer the goods (perform work, provide services), the quality of which corresponds to the contract. In the absence in the contract of conditions on the quality of the goods (work, service), the seller (performer) is obliged to transfer to the consumer the goods (perform work, provide a service) suitable for the purposes for which the goods (work, service) of this kind are usually used. If the seller (performer) at the conclusion of the contract was notified by the consumer about the specific purposes of purchasing the goods (performing work, providing services), the seller (performer) is obliged to transfer to the consumer the goods (perform work, provide a service) suitable for use in accordance with these purposes ... When selling goods according to a sample and (or) description, the seller is obliged to transfer to the consumer the goods that correspond to the sample and (or) description (Art. 4).
In accordance with Art. 18 of this Law, a consumer to whom a product of inadequate quality has been sold, if it has not been agreed by the seller, has the right, at his choice, to demand: gratuitous elimination of defects in the product; a commensurate decrease in 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 execute the contract of sale and demand the return of the money 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 the corresponding request (Article 22).
In case of violation of the established deadlines for the performance of work (provision of services) or assigned by the consumer on the basis of clause 1 of Art. Of the Law "On Protection of Consumer Rights" of new terms, the contractor pays to the consumer for each day (hour, if the term is defined in hours) of delay, a penalty (penalty) in the amount of three percent of the price of work (service), and if the price of work (service) the contract for the performance of work (provision of services) is not defined - the total price of the order. The contract for the performance of work (provision of services) between the consumer and the contractor may establish a higher amount of the forfeit (penalty) (clause 5 of Article of the Law "On Protection of Consumer Rights").
The Plenum of the Supreme Court of the Russian Federation in clause 46 of the resolution dated June 28, 2012 No. 17 "On the consideration of civil cases by courts in disputes on consumer protection" explained that when the court satisfies the consumer's claims in connection with the violation of his rights established by the Law on Consumer Rights Protection that were not satisfied on a voluntary basis 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.
DECIDED:
Claims Vshivtseva H.The. partially satisfy.
To oblige the limited liability company "Geona-Kirov" to replace two doors installed at the address:, namely: a book door installed in the hall (worth rubles) and a book door installed in the kitchen (worth rubles) on similar doors of good quality, corresponding to GOST.
Collect from the limited liability company "Geona-Kirov" in favor of Vshivtseva H.The. a penalty in the amount of kopecks, compensation for moral 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.
To collect from the limited liability company "Geona-Kirov" the state duty 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 limited liability company "Kirovsky regional expert evaluation center" DD.MM.YYYY and finished DD.MM.YYYY in the amount of () rubles.
The decision can be appealed within one month from the date of its 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)Both at the stage of manufacturing the door and further operation. What does a marriage at the stage of making a door mean? Marriage can manifest itself in a variety of colors. For example, the canvas can be of one shade, and the box and trims are completely different. This can happen if the canvas is made by one plant, and the trims and the box by another. There may also be a minor defect in the door: somewhere there is a crack in the veneer, somewhere the varnish is swollen or badly tinted in places, such a defect may not be noticed and packed. Such defects mainly occur on inexpensive doors, below the average price level.
Also, a marriage can occur when transporting doors: these are dents from impact, chips, scratches, broken glass (if the model is glazed). This mainly occurs due to improper transportation or careless loading of doors into the vehicle. What to do in this case? When the doors are brought to you, you should definitely check their integrity. After you have checked the doors and everything is fine with you, only then do you accept the doors and sign the acceptance certificate of the goods.
What does marriage mean in further exploitation?
Most often, when there is a temperature drop, the veneer bursts. This happens mainly in country houses, when the house is not heated in winter and the room cools down, and on the contrary it heats up in summer. It can also happen due to the poor quality of the veneer or because the veneer is applied not to the MDF sublayer, but directly to the solid pine. If the veneer is applied directly to the pine massif, the following happens: when the temperature drops, the massif expands and the veneer cracks. But, as a rule, most manufacturers do not make such a mistake and apply veneer to the MDF underlay.
Door deformation can also occur. This happens if the door is made of poorly dried material or from non-glued timber. Such a door can be bent. The same thing happens with the box. If this happens, then the door will not close well or not close at all. In rare cases, when the door is deformed, the glass breaks if the door model is glazed.
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