Consider when it will be possible to return money for a faulty product, whether it can be done if the product is broken due to the fault of the buyer (?). The basis for the return of the purchased product within warranty period is a detected fault that makes it impossible full operation purchased.
The cause of the detected marriage cannot be the actions of the buyer or third parties, for example, improper operation. All product documentation must be available.:
- cheque;
- warranty card;
- sale and purchase agreement, if any.
Procedure
In order to exercise his right, the buyer must perform a number of mandatory actions.
Deciding on a requirement
The first step is to determine the requirements that are put forward by the stakeholder. According to paragraph 1 of article 18 of the LOZPP, they can be of the following nature.
Return money
This is the most common requirement of buyers, but not always having a legal basis.
For example, you can count on a refund for a technically complex product if it is returned within the first fifteen days after purchase (what is it?). At later dates, the money is returned only if:
- significant deficiencies were found;
- terms of warranty repair are violated;
- the time of repair work exceeded in total 30 calendar days for one warranty year;
- The item has been sent in for repair several times for various reasons.
You can find out how long it takes to return an item to a store.
Replace Purchase
The buyer may request a replacement with a similar product that matches the model, brand, color, size, year of manufacture, technical specifications. During the warranty period, the parties can agree and exchange for other products, the main thing is that it meets the requirements of the buyer.
Other options
In addition to the return of money or the replacement of the purchased item, the person concerned has the right to make other claims against the seller (Article 18 of the Law of the Russian Federation).
- In the case of a marriage, you can repair it at your own expense, and then require the seller to reimburse the corresponding costs. This type of issue is usually resolved in judicial order. The easiest way is to transfer the purchased to the seller, who will fulfill necessary work repair at your own expense. Quite a part of the implementers themselves offer this option if the breakdown is not expensive.
- The buyer also has the right to demand a reduction in the price of the goods in proportion to the complexity of the detected damage.
The buyer has the right to demand compensation from the seller for damages caused by the use of a defective product.
Learn more about refund features different types goods, as well as what to do if the seller refused to pay, you can.
How to make an application?
The basis for consideration of the buyer's appeal will be the last written application-claim. Its text should include:
- The name and address of the seller.
- Information about the buyer - full name, place of residence, contact phone number.
- Purchase data – date, place, type and cost of the purchased item.
- Description of the problem - when and under what circumstances a breakdown was detected, the nature of the marriage.
- The nature of the buyer's requirements and the deadline for their implementation.
- List of attached .
- Date and signature of the applicant.
The appeal must be made in two copies, one of which the buyer will keep. The application must be accompanied by the purchased product, payment receipt (if any) and warranty documentation.
To return the money spent for a product of inadequate quality
The application for the return of money spent by the buyer in its content will be similar to any appeal relating to requirements of a different nature.
We talked more about how to return goods of inadequate quality in.
To replace a defective item
A similar situation will develop in the case of replacement. The text of the appeal should indicate that the buyer requires an identical product and not money or repairs.
Submitting a Claim
Let's take a look at how to take a low-quality or defective product to the store during the warranty period in order to return the money or exchange the purchase. After filing a claim, it must be transferred to the seller along with the purchase and documents. The buyer must do it personally. During the transfer, the completeness of the information will be checked, as well as an external inspection of the product.
After that, the seller will issue an act on the basis of which the goods will be accepted. This document is drawn up in two copies, one for each of the parties.
Quality expertise
If a defect is found, the return of the purchase is impossible without an expert assessment. It is carried out after the transfer of the goods to the seller, at the expense of the latter.
The assessment process determines the nature of the marriage and identifies the causes of its occurrence. The results of the procedure are reflected in the expert opinion. If the seller's fault is not confirmed, the latter has the right to present the buyer with a claim for reimbursement of expenses for paying for the services of an expert.
The buyer can conduct an examination on his own before transferring the acquired to the seller. In this case, he pays for the services of an expert on his own.
Time to comply with the requirements of the seller
Deadline for meeting requirements person concerned depends on their nature:
- 7 nights is assigned for replacement if there is no need to conduct an examination (clause 1, article 21 of the Law of the Russian Federation).
- 20 days if the seller assigns an additional quality check (clause 1, article 21 of the RFP).
- 1 month, if it is impossible to replace within 7 days, due to the lack of a similar product (clause 1, article 21 of the RFP). In the regions of the Far North, this period increases, since delivery to these territories may be delayed.
- 10 days upon presentation of claims for a reduction in cost, compensation for the costs of repairs made by the buyer himself or by another person, the return of the entire amount for a low-quality product (Article 22 of the LOZPP).
The terms of return or replacement must be indicated in writing in the acceptance certificate. But their absence does not invalidate the law.
Violation of deadlines
If the seller violates his obligations in terms of compliance with the deadlines for their execution, the buyer may recover a penalty from him. In accordance with paragraph 3 of article 23.1 of the RFZPP, its amount is 0.5% of the value of the goods. Specified the sanction is charged for each day of the period of non-fulfillment of duties.
How is the warranty period calculated for a replacement purchase?
As stated in paragraph 2 of article 21 of the RFPO, the replacement of a defective product with a new one entails a change in the warranty period. In fact, a new time period is set, since there is a similar, but still different product, respectively, and the period is calculated anew, from the moment the goods are transferred to the buyer.
Unfortunately, equipment often fails faster than stated by the manufacturer. Understanding this, each of us keeps a warranty card “just in case” for every fireman. But not everyone knows what to do with it in case of failure of the mechanism, where to go and how to behave.
Today I will talk about the rights of the consumer in the event of a device failure under warranty, how to take it in for repair and what to do if the seller does not want to repair the goods.
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○ How long can I request the return of a purchased device?
According to the Law "On the Protection of Consumer Rights", the return of the device is possible within the following terms:
- 14 days - if the product did not like or did not fit for any characteristics (Article 25). The device can be handed over if it is not included in the List of technically complex goods approved by Government Decree No. 924. Unfortunately, almost all household appliances are listed in this list, so they can be handed over only at the good will of the seller.
- 15 days - if a defect is detected in the device (clause 1, article 18).
- During the expiration date, and if it is not established, then within 2 years - if a significant defect is found in the technique (clause 1, article 19).
- During the period of service, and if it is not established, then for 10 years - if the consumer can prove that a significant defect arose due to a reason that arose before the transfer of the goods to the buyer (paragraph 6 of article 19).
○ When does the warranty start?
“The warranty period of the goods, as well as its service life, is calculated from the day the goods are transferred to the consumer, unless otherwise provided by the contract. If it is impossible to determine the date of transfer, these terms are calculated from the day of manufacture of the goods” (clause 2, article 19 of Law No. 2300-1).
During the warranty period, the buyer has the right to claim the return, exchange or free repair of the goods (clause 1, article 18 of Law No. 2300-1). It is allowed to address the problem to the seller, manufacturer or representative authorized to repair the devices.
When the warranty period has expired, but the buyer is sure that the defect appeared due to the fault of the manufacturer, he can present him with a claim for free repair of the device. You can apply with such a statement for 10 years from the date of purchase. If the manufacturer does not take action within 20 days, the device can be returned to him (clause 6, article 19 of Law No. 2300-1).
○ If the repair is repeated the same problem.
If the gadget has repeatedly been in repair, and the problem does not disappear, then the defect is recognized as significant in accordance with the preamble of Law No. 2300-1. Such goods can be returned throughout the entire period of service or exchanged for a new one.
Other cases when a breakdown can be recognized as significant:
- Not repairable.
- Requires disproportionate costs or time to repair.
- Identified along with other shortcomings.
○ How should I take the device for repair?
Each consumer is obliged to know how to hand over the goods for repair under warranty. After all, cases of fraud are not ruled out. Also quite often there are disputes regarding the date and reason for the repair.
So, the buyer is obliged to come to the manufacturer, seller or service center with his device (or without it, if the goods are oversized). It is advisable to take with you a purchase receipt (if any), a warranty card, a sales contract and a passport. Just in case, make copies of these documents so that you can always keep the originals.
✔ What documents must be filled out?
The delivery of the goods for repair must be documented. You have the right to demand that the seller or service center provide you with an appropriate contract, receipt or certificate of acceptance of the device for repair.
Make sure the document contains:
- Name and address of the host, contact details.
- Your full name, phone number.
- Data about your device - model, serial number, brand.
- A description of the problem that arose with the gadget, as well as fixing that all other details are in order.
- If the device has chips or defects, they should be indicated - this way you will not miss the appearance of new scratches, and the repairman will protect himself from claims from your side.
- Completeness of the goods - describe everything that you hand over with the device (charger, headphones).
- The purpose of handing over the device is to check the quality or repair it free of charge.
- Date of delivery of the goods.
Do not throw away this document at least until you pick up the goods. It is he who is your confirmation of the legal relationship with the repair organization. Based on this act, you also have the right to appeal against the actions of the store or service center.
✔ Providing a similar gadget during the repair.
“In respect of durable goods, the manufacturer, seller or authorized body or authorized individual entrepreneur are obliged, upon presentation by the consumer of the specified requirement, within three days, to provide the consumer free of charge for the period of repair with durable goods that have the same basic consumer properties, providing delivery at their own expense ”(Clause 2, Article 20 of Law No. 2300-1).
You have the right to ask for a product to be replaced with a similar one. But not in every case the seller is obliged to fulfill your requirement. There is a list of products that cannot be replaced with similar ones for the period of repair. This list is approved by Decree No. 55. From technical devices it includes electrical appliances that come into contact with food and the human body (for example, microwave ovens, electric shavers).
○ Can the warranty service be extended?
“In case of elimination of defects in the goods, the warranty period for it is extended for the period during which the goods were not used” (clause 3, article 20 of Law No. 2300-1).
To extend the warranty, at the time of receiving the goods from the service center, ask for a document that indicates the date the problem was reported, the day the equipment was handed over for repair, and the day the device was returned to the consumer.
The warranty period will be extended by the number of days that the gadget was under repair.
○ If they do not want to accept the gadget, but it is constantly being repaired.
We have already found out that repeated device failure can cause it to be returned to the store. Moreover, according to the law, the seller cannot refuse this to the buyer. But what if the goods are not accepted for repair or the store representative does not make contact?
✔ How to file a claim against a store?
The first step is to try to negotiate with the administration. Write a claim to the name of the seller's superiors, this usually works. It should indicate:
- FULL NAME. applicant, contact details.
- When the item was purchased, was it under warranty?
- Description of the problem - how many times it broke and what is the cause of the breakdown.
- Why could not resolve the situation with the seller.
- Requirement to replace the device or return the money. It can be substantiated by paragraph 1 of Art. 18 of Law No. 2300-1, which guarantees the right of the consumer to demand the replacement of goods with significant defects. You can also refer to Art. 22 of the same Law, which states that the requirements for the return of funds should be satisfied within ten days.
- Description of attached documents.
- Date, signature.
All available documentation must be attached to the claim: checks, certificates of delivery for repair, contract of sale.
✔ Do I need to apply to the Rospotrebnadzor?
If the administrator did not respond to your request or refused to fulfill the requirement, you should complain to Rospotrebnadzor. Attach a copy of the submitted claim, the answer (if any) to the application.
The state body is obliged to understand the situation, conduct an investigation into the fact of the violation and, if necessary, help prepare for the court.
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Who establishes the guarantee
When buying a product, the period of its warranty service is set, and this happens on a voluntary basis (Article 5 of the Law “On Protection of Consumer Rights” (hereinafter referred to as the Law)). The warranty period allows you to save the rights of the consumer.
First of all, this period is set by the manufacturers of products. Thus, they undertake to repair the problems that have arisen through their fault, or to replace the defective product within the specified warranty period.
Important! If the manufacturer has not set such a period, the store assumes the responsibility for warranty service of the goods..
In addition, the seller can set their own warranty period in addition to the period previously set at the factory. Sometimes this period is larger than the factory one.
General information about the return of goods under warranty
Let's understand what the warranty period means. This is such a period during which the consumer can contact the seller about the malfunction of the goods purchased from him.
The beginning of this period is considered the second day after the day of purchase of the goods. The absence of information about the date of sale gives the right to consider the date of manufacture of the product as the beginning of the warranty period.
note! If the manufacturer and the store did not independently establish a warranty period, it will be 2 years (Article 477 of the Civil Code of the Russian Federation).
If there are defects in the new product, it can be taken to the store.
But before doing so, make sure that:
- at the time of detection of the defect, the goods are under warranty, or 2 years have not yet passed from the date of purchase (clause 19 of the Law);
- the problem is not your fault, i.e. the product was used correctly. The malfunction does not allow the product to be used for its intended purpose;
- you have a receipt, warranty card or other papers confirming the fact of purchase in a particular store.
It should be noted that technically complex goods can be returned to the store within 15 days (although there are exceptions).
Technical products include:
- cars and other vehicles;
- agricultural machinery;
- aircraft engineering;
- gaming consoles;
- equipment for satellite television;
- refrigerators, freezers;
- washing machines, dishwashing machines;
- cameras, video equipment;
- electric and gas ovens, etc.
The list of technically complex goods was approved by Decree of the Government of the Russian Federation of November 10, 2011 N 924 "On approval of the list of technically complex goods"
Goods of inadequate quality: how to return
When a product malfunction occurs during its use, the buyer has the right to:
- demand replacement of the product with a similar product, but of good quality;
- demand a refund of funds spent on a poor-quality purchase;
- demand a reduction in the purchase price in accordance with the complexity of the detected breakdown;
- transfer the product for repair at the expense of the seller (under warranty).
According to the Law "On Protection of Consumer Rights", the buyer has the opportunity to independently decide what he needs: repair or refund. That is, he can do what suits him, although usually the store sends customers who are dissatisfied with the quality of the goods to service centers.
An exchange of goods or a refund is an unprofitable step for stores, because it is an extra waste of time and money, additional trouble in solving a problematic issue with the manufacturer.
Usually, when the buyer contacts the seller for a replacement or return of a defective product, certain confirmations of the fact of making a purchase in this particular store are required.
In this case, we are talking about:
- check (commodity or cash);
- warranty service coupon (it is important that the coupon is filled out at the time of the transaction).
What to do in a situation where the purchase documents are lost
The store does not have the right to refuse to fulfill the requirements of the consumer, if they are really legal. As evidence of the fact of purchase, according to the Law, the testimony of witnesses or statements on the withdrawal of money from bank card(if the buyer paid in the store with a card).
Note! If we are talking about a purchase in an online store, then in the absence of a receipt, the confirmation of the purchase is: a notice of the order, its price, when the delivery will be made, etc.
Repair procedure
The consumer does not always want to replace the product, he may insist on warranty repairs at the expense of the store. What should the buyer do if he wants to perform a warranty repair of the product?
Contacting the seller
You can talk about your problems orally or make a written appeal. This option is preferable, since a written claim will become a confirmation in court of your attempts to resolve the problematic issue out of court.
The claim contains the following items:
- name of the trade organization, full name of the consumer;
- contact details of the applicant;
- where and when the product was purchased;
- purchase details;
- what problems are found;
- a list of requirements for the seller (exchange, refund, repair under warranty, etc.);
- list of documents attached to the claim (receipt, warranty card, product, etc.);
- date, buyer's signature.
ATTENTION! View the completed sample claim for warranty repair of goods of inadequate quality:
A written appeal to the seller is a guarantee that the requirements will be met.
But if your wishes were not heeded, the claim is submitted along with the lawsuit to the court.
Transfer of goods to the store
The service center where the buyer brings the thing for repair must accept it, even though the case may not be under warranty .
When the product is handed over, an act is drawn up, which indicates the detected malfunctions. The document should contain the following items:
- information about the parties to the transaction;
- date of transfer, address of the service center;
- detailed description of the goods;
- information about the malfunction, whether there are external defects, etc.
The product, which is large, is delivered to the service center at the expense of the seller.
Conducting an independent examination
The seller has every right to demand an inspection of the product in order to understand whose fault the breakdown occurred - the consumer or the manufacturer. For this purpose, an independent examination is carried out.
Usually the test is carried out in service center. If the client does not agree with the conclusions of the experts, he can organize an independent examination, which he pays personally. In the future, if the manufacturer's fault is confirmed, the buyer's expenses will be compensated by the store.
ATTENTION! View the completed sample of the act of acceptance and transfer of equipment for repair:
Note! The maximum repair period under the warranty is 45 days from the date of transfer of the product to the service center.
That is, if the repair is not completed during this period, you have the right to demand a replacement of the product with a quality one or a refund.
Returning a product from repair
After the repair work, the goods are returned to the owner. Upon transfer, the seller is obliged to check the product in operation, draw up a document that indicates the identified problems and how to eliminate them.
Watch the video. How to use the product warranty (expert advice):
How to return a product of good quality
During the warranty period, you can return to the store not only a low-quality product, but also a product that is of proper quality.
It is necessary to present the product itself, the receipt, the warranty card and the packaging. Requirements for the returned goods: seals and tags are not broken, the product was not in use, all properties and characteristics are preserved.
According to the norms of the Law, a return is possible only if the trade organization does not have such a product.
In accordance with the Law, the consumer has 2 weeks from the date of purchase to return or exchange the purchase.
ATTENTION! View the completed sample claim for the return of goods of good quality:
Return when buying in the online store
If trade is carried out remotely, that is, through online stores, the relationship between the seller and the buyer is regulated not only by the Law that protects the rights of consumers, but also by the "Remote Selling Rules" approved by the Government of the Russian Federation.
It will be legal for the customer to wish to return the goods purchased on the Internet, without giving reasons, if the procedure is carried out within 7 days from the date of delivery of the goods to the buyer.
If the seller has not enclosed a completed instruction sheet on the rights of the client in the package with the goods, the latter has the legal right to return the product within up to 3 months.
ATTENTION! View the completed sample claim for the return of goods to the online store:
Items that cannot be exchanged
Not all goods of good quality can be returned to the store. There are certain restrictions due to which it is impossible to return products that do not fit in shape, style or color.
Government Decree No. 55 of January 19, 1998 approved the list non-food items which cannot be exchanged or returned back to the store.
This list contains:
- products intended for preventive or therapeutic procedures at home;
- personal hygiene items;
- cosmetics and perfumes;
- products made of non-woven materials (ribbons, braid, lace or decorations);
- garments made of cotton, silk, wool or linen;
- cords, cables, wires;
- carpets, linoleum, finishing materials, other;
- hosiery, knitwear;
- plastic utensils and other products used for food storage;
- chemical products - detergents, soap, powder.
Requirements for the seller when returning a purchase
So, if the consumer has found flaws in the purchased product, he can put forward the following requirements to the seller (clause 1, article 18 of the Law):
- issue a similar product of the same model and company instead of a defective product;
- replace a low-quality product with a product of a different brand from another manufacturer (the purchase amount must be recalculated);
- reduce the cost of things;
- troubleshoot or compensate for repairs made by the consumer;
- accept the goods back and return the money spent on it to the buyer.
In addition, the consumer, on legal grounds, has the right to demand compensation for the damage caused to him as a result of the purchase of a defective product. At the legislative level, the period for payment of compensation is established.
Terms of refund
Cash for goods returned to the store is paid immediately at the time of application or within 3 days (unless special verification is required).
If the seller wishes to conduct an examination, then the money will be returned no later than 10 days later. The quality check of complex goods can last for 45 days (the beginning of this period is the day the goods are handed over to the store).
Return shipping fee
When a large-sized product turned out to be of poor quality, it must be delivered by special transport, so the consumer may demand to arrange delivery at the expense of the seller. You can bring the goods in person, but then the store will compensate for the cost of transportation.
Delivery of the product to the seller is carried out within 10 days.
On a note! If you personally arrange transportation, please contact transport organization, which can issue payment documentation for the services provided. In the future, the seller will pay for the carriage on the basis of these documents.
Delay in payment
Sometimes the seller cannot immediately return the money and asks the client for a delay. The reasons in this case may be different. The main thing is to remember that, according to the Law, a penalty in the amount of 1% of the value of the goods is charged for each overdue day. That is, the final amount of the return increases.
Ways to receive funds
The funds are returned in the same way as the payment was made. If you paid in cash, the seller is obliged to give you this amount.
Please note! It will be more difficult in the situation when the payment was made by bank card. It will not be possible to get the money back immediately, sometimes it takes up to several weeks for such a return.
Although the seller is not guilty of this, since a certain number of banks are involved in the “operation”, all responsibility lies with him. If the deadlines are not met, the client demands to pay a penalty.
So the store will have to pay for the delay in the return of money, and after that it will deal with banks or intermediaries.
Return claim
The demand for the return of goods can be voiced orally or transmitted in writing. It is better to do this in the second way, because later, if the case goes to court, this document will confirm your intentions to resolve the problem out of court.
The claim is drawn up on a sheet of A-4 format.
It includes the following information:
- the name of the store where the product is being returned;
- Name of the applicant;
- contact details of the client;
- date of purchase, at what address the product was purchased;
- what product is being returned;
- what problems are found in the product;
- what the consumer requires from the store (replace, take back, return the money, perform free repairs, etc.);
- what documents are submitted along with the claim (receipt, warranty card and the product itself);
- date of the claim, signature of the client.
By submitting a written claim, you will be able to defend your rights when returning the product during the warranty period. In addition, the document will come in handy in case of going to court.
ATTENTION! View the completed sample claim for the return of goods of inadequate quality:
Who pays for the examination?
It is difficult to immediately determine whose fault there were problems in the purchased product. Each party to the transaction will defend their interests. It is for this purpose that independent testing of the product is carried out. Since the seller has certain doubts, he organizes the examination at his own expense.
If the client does not like the results of the audit, he already initiates an independent audit. Further, with the conclusions of experts, you can apply to the court.
If the results are not in your favor, it is you who will have to pay for the work of experts. In addition, you still pay money for the delivery of bulky goods.
Lawyers warn buyers that in such cases the amount of costs sometimes exceeds the cost of the product, so before seeking justice, think about whether you are really sure that the manufacturer is to blame.
Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues.
What to do if the seller refuses to return the money
The buyer, upon detection of a defect in the purchased product, has the legal right to demand a refund. The same rights are enjoyed by buyers who have purchased goods in installments. They are obliged to return the amount of the paid loan and the fees paid during the installment plan. To return the money to the client, the seller has 10 days from the date of registration of the return.
The refusal of the store to return the money to the client is the basis for contacting Rospotrebnadzor.
The buyer makes a written claim for this.
Attention! If you want your appeal to have a positive result, pay attention to the rules for filing a complaint:
- at the top of the address part of the document, indicate the name of the organization Rospotrebnadzor. Below, write down your full name, personal and passport data, as well as contacts at the place of residence;
- in the center of the sheet write the name of the written appeal - "Complaint";
- in the main part, describe the current situation in detail. Indicate what rights the seller violated . Support your statements with documentary evidence. Don't pay too much attention to the little things. There should be just enough information so that Rospotrebnadzor understands the essence of your problem;
- presentation style - business, the facts are described in chronological order;
- give links to legal acts, that is, what guided you when you tried to resolve the dispute with the store on your own;
- list the documentation that is submitted to the organization along with the complaint. Date and sign.
ATTENTION! View the completed sample complaint to Rospotrebnadzor about violation of consumer rights:
There are several ways to submit a complaint:
- personally visit Rospotrebnadzor and transfer the document to the secretary;
- send by mail;
- send to in electronic format to the official website.
The complaint will be registered within 3 days. It is further studied. 30 days are allotted for consideration. The response is then sent to the applicant.
Complaint to the judiciary
The application to the court is made in free form. It can be written by hand or typed on a computer.
The required information included in the claim is:
- full name of the court;
- information about the claimant;
- information about the defendant;
- what is the essence of the claim;
- the presence of an evidence base;
- the cost of the claim;
- what attempts were made to solve the problem in a pre-trial order;
- list of attachments to the claim.
Important! The claim must contain references to legislative acts RF on the right of the consumer to terminate the contract of sale.
The heading of the claim contains the following information:
- full name of the court, position, full name of the judge;
- information about the plaintiff - full name, address, telephone number;
- the person against whom the claim is filed - the name, address, contacts of the seller;
- the cost of the claim.
The body of the claim describes the essence of the case. It sets out in detail: where and when the purchase was made, for what reason the plaintiff wants to return the goods. If expert examinations were carried out, the conclusions of the experts are provided. The amount of expenses is specified. In addition, the stages of communication with the seller are described, what steps the plaintiff took to resolve the issue without a trial.
The final part lists the requirements for the seller(take the product back and return the money, compensate for the costs of legal costs, compensate for moral damage, etc.). The following is a list of documents submitted to the court along with the application.
The statement of claim is drawn up in a business style. Information is presented consistently, clearly and specifically. If the claim is drawn up incorrectly and with errors, this may affect the results of its consideration.
The value of the claim is understood as the amount of the applicant's monetary claims.
It is determined by adding certain amounts:
- money spent on the purchase;
- moral damage;
- legal expenses;
- funds spent on expertise.
All expenses of the plaintiff must be documented. It is necessary to submit checks, receipts of payment, certificates, an agreement for the provision of legal services. services, etc.
It is up to the plaintiff to choose which court to apply to.
ATTENTION! View a completed sample Consumer Protection Claim Form:
You can go to court:
- at the location of the seller;
- at the place of residence of the buyer;
- at the place of the transaction.
If the value of the claim is less than 50 thousand rubles, the claim is filed with the Magistrate's Court. Statements of claim worth more than 50 thousand rubles. considered by the district or city court.
Cases related to the protection of consumer rights are considered within the time limits specified in Art. 154 Code of Civil Procedure of the Russian Federation:
- one month is allocated for consideration of the claim in the magistrate's court (from the moment of its registration);
- in a district or city court, the claim is considered within two months from the date of registration.
Note! Claims for the return of money to the consumer for the goods do not involve the payment of state duty.
Return of goods after the warranty period
As soon as the warranty period has expired, the seller must not accept the purchased product back, exchange it for another product, etc.
Durable items, as a rule, are provided by the seller (manufacturer) with a guarantee. Such is prescribed in the contract or a special check. However, despite the availability of documentation, the manufacturer is in no hurry to observe the rights of the consumer in the event of a product breakdown under warranty. The relationship between the buyer and the seller is due to many subtleties and rules. Most of the rules are in federal law from 07.02.1992.
Legislation
Citizens need to understand the legal intricacies in order to insist on replacing a broken item. The rights of the consumer during warranty repairs consist in the opportunity to receive:
- service for free;
- replacement for the period of work;
- forfeit in case of violation of legal deadlines.
The average person does not always know that the law Russian Federation protects his rights. Norms have been introduced into the legal field, based on which the buyer can cope with an unscrupulous supplier. Those are prescribed in federal law. Namely:
- The obligations of the supplier are described in the fifth article of the said act. These include:
- setting an expiration date for items sold on the market, as well as their components (if necessary);
- withdrawal from sale of goods whose validity is over;
- The time for making claims against the supplier in various situations is described in Article 19. Thus, the law gives the citizen the right to demand an answer if a guarantee is established for the thing, as well as in the absence of such (within reasonable limits).
The subtleties of interaction between the buyer and the seller
There are some points that need special attention. The fact is that large firms directly use the legislative norms in their favor. The business of a citizen is to reveal the trick at the stage of acquiring expensive property. The main points are as follows:
- Claims for the quality of the purchase can only be made if the defect is not reflected in the contract (description);
- The buyer has several alternative options for correcting defects:
- repair service in the presence of a guarantee;
- return of spent funds;
- reimbursement of money that a citizen will spend on bringing property into working condition;
- replacement of unusable property.
Therefore, when investing serious funds, it is necessary to carefully read the papers: contracts, warranty cards, and the like.
Types of goods and supplier guarantees
In the legal field, the things sold are divided into certain groups. They are:
- ordinary;
- durable;
- technically complex.
As a rule, ordinary purchases cannot be repaired. They are replaced if defects are found. Another story with complex property. The legislator singled out objects consisting of many complex elements. Parts are often made different enterprises. In view of this, technically complex products cannot be replaced or returned:
- if the damage is not recognized as significant;
- discovered in the first fifteen days.
About the terms of circulation
The legislator has established periods when the buyer can make claims for defects. Compliance with the terms leads to the implementation of repair work at the expense of the manufacturer. So, in article 19 of the law the following periods are given:
- warranty, prescribed in the contract of sale or coupon;
- two years beyond the warranty period;
- period of service;
- up to ten years, if the period of service of the thing is not established.
To whom is the claim directed?
The law gave the citizen the right to choose the addressee of claims. The latter can be directed to:
- the seller;
- to the importer (if the items were brought from another country);
- manufacturer.
Technically complex - what are they?
The Government of the Russian Federation approved the register of goods classified as technically complex (dated 10.11.11). Yes, in normative act items listed are:
- computers and televisions;
- navigation equipment;
- vehicles, including specialized ones;
- court;
- aircraft;
- electrified tools;
- clock;
- refrigerators and other household appliances;
- snowmobiles with an engine based on the principle of internal combustion;
- other.
In another resolution, the Government approved a list of items that are not subject to temporary replacement under warranty. These include, in particular:
- motor vehicles various kinds, including motorcycles;
- pieces of furniture;
- consumer electronics;
- electrical equipment for cooking;
- weapon.
When the manufacturer has the right to refuse the consumer
The legal field describes non-warranty cases. Those will be recognized if the breakdown occurred for the following reasons:
- improper operation, not provided for by the instructions;
- careless attitude to the purchase (bumps, falls, etc.);
- impact on a thing of the elements or substances for which it is not designed (fire, water, chemically active ingredients, etc.);
- improper transportation (without taking precautions).
Instruction for the consumer
When contacting a seller, a person faces two essentially different situations:
- recognition of the validity of claims;
- refusal to accept the purchase under warranty.
It follows that two alternative action instructions need to be drawn up. These are listed below.
What to do if the supplier acknowledges the defect
This situation is most favorable for the buyer. However, the formalities still need to be followed. The following is to be done:
- Come to the store with a defective purchase, receipt and other documentation;
- Write a claim in two copies. Transfer one to the representative of the company, demand that the second sign and the following data:
- date of acceptance of the document;
- position, surname and initials;
- Hand over the damaged item. Such an operation is accompanied by the drawing up of an act. The document states:
- description of the defect;
- details, including serial number;
- date of the operation;
- parties, that is, the buyer and the representative of the company;
- detailed product description, including:
- appearance;
- the presence or absence of damage;
- traces of use;
- A separate action is checking the quality of a thing. As a rule, this is done in the presence of a citizen. You should not agree to a delayed check. If the representative insists, then the thing is packed. The box contains data from the act;
- Requiring replacement for the period of repair work. This is possible if the product is not included in the list of exceptions (described above).
Important: the receiving party must confirm that the thing:
- is guaranteed;
- taken to correct the defect.
How long will the repair take
The legislator provided that the manufacturer would need a certain amount of time to correct the defect. This could be:
- up to 45 days in general;
- immediately, if possible.
If the seller failed to cope with the situation and delayed the deadline without agreement, then a penalty will be charged from him. It is 1% per day of the value of the goods.
Procedure for refusal to recognize a warranty case
The interaction begins with the same steps as described above. You must come to the store and submit a written claim. If the representative of the company does not agree to accept it, then the person will have to order an examination of the goods. There are situations when the supplier himself turns to a specialist.
The next step is to transfer the expert opinion to the manufacturer. The latter may accept the goods and the claim proved by the specialist, or refuse. If the store accepts the fact that it sold the defective item, then the costs of the expert should be claimed from it. Otherwise, you have to go to court.
Hint: you need to save all the documents that accumulate during the interaction with the supplier.
Going to court
Before writing a claim, you need to send another request to the store with a proposal to conduct an expert assessment at the expense of the supplier. The results might look like this:
- refusal (must be saved);
- no reaction.
The statement of claim describes in detail the course of interaction with the sellers. You should also attach copies of all the saved papers, starting with the check and the passport of the goods, ending with the answer to the requirement to conduct an examination.
Attention: an agreement with an expert to assess the defect and payment documents are also attached to the claim.
If the court makes a positive decision, the following steps should be taken:
- Get a ruling;
- Take it to the Bailiffs.
The rest will be done by civil servants. An unscrupulous supplier will pay the person the funds lost in vain.
Carrying out repairs yourself
An alternative way to correct a defect is to contact a repair specialist. Naturally, the services of the latter are paid. They can be presented for payment to an unscrupulous seller. But for this it is necessary to observe the formalities. They are:
- You can make corrections:
- on one's own;
- with the involvement of a specialist (legal entity, individual, individual entrepreneur);
- The following expenses are paid:
- for the purchase of components and replacement blocks;
- for the work of a specialist (you need to conclude an official contract).
Possible difficulties
- Shops often require a citizen to apply for repair services to firms with which there is an agreement. Their services are more expensive than those of an independent specialist. Compensation should be demanded;
- Before the beginning independent work you need to get the supplier to recognize the warranty situation. Otherwise, the costs will not be reimbursed;
- Warranty service often results in other defects. These should be reflected in the act of acceptance and transfer of property. It is also possible to use a new breakdown to demand a refund.
Watch a video on how to use the product warranty
July 3, 2018, 13:52 July 6, 2018 21:46- this is the time during which the seller or manufacturer must somehow compensate the costs of the buyer, if he was sold a product of inadequate quality. It is counted from the moment when the goods were purchased, and not when they were produced, unless the latter is stipulated in the contract of sale.
The manufacturer usually sets the warranty period, but if it is not there, then the seller sets his own, and he can indicate his own beyond the period specified by the manufacturer, that is, in fact, give his guarantee.
What to do if the warranty period is not established at all? Usually, defects are detected quickly, and if their presence has led to a malfunction, then repairs may be needed immediately.
Returns of defective goods usually occur within the first year, so if the warranty period is not defined, then you can contact the seller with questions after a reasonable period. It is clear that 10 years after the operation of the goods, it is useless to impute anything to the manufacturer. But if the breakdown occurred within a month, and there is no guarantee, then it is necessary to apply for repair or a refund.
If the malfunction occurred through no fault of the consumer, then, according to paragraph 18 of the Consumer Rights Protection Law, he may demand one of the following:
- replacement of goods with a similar one;
- replacement of goods with the same goods, but of a different brand with recalculation of the price;
- the purchase of any other product with a reduction in the purchase price;
- elimination of deficiencies at the expense of the seller or manufacturer;
- reimbursement (compensation) of funds spent on expertise from a third-party organization;
- refund in full.
It is illegal if the seller refuses to return the money or exchange the goods (see), and instead sends the client to a service center for repairs. He does not have the right to impose any service, the seller may well make a claim against such a seller.
If after the expiration of the period the repair is not made, then the client can pick up the goods and demand from the seller monetary compensation . If the repairmen delay and delay the fulfillment of warranty obligations, then for each day of delay, you can demand a penalty in the amount of 1% of the price of the goods per day. Lack of spare parts is not grounds for delaying repairs.
The customer may request a similar product from the workshop for the duration of the repair (Article 20 of the Consumer Rights Protection Act). The application is made in writing and handed over to the specialist of the workshop against signature.
If there is no warranty card
Some workshops refuse to accept goods for warranty repairs without a warranty card, or if the card, in the opinion of the receiver, does not correspond to the established model. It should be noted that the law does not discuss what a warranty card is and how it should look like.
If the client has a receipt that confirms the purchase of the product, but there is no coupon - it is lost or simply not issued, and the warranty period has not yet expired, then an authorized service or repair shop at the store itself is simply obliged to accept the goods.
So the lack of a warranty card does not give repairmen the right to turn customers around. There is a check - there is a service.
If there is no check
Warranty repairs without a receipt are more problematic. First, you will have to prove that the product was purchased by this particular client and in this particular store. According to Article 18 of the Law "On Protection of Consumer Rights", the buyer's lack of a document that certifies the fact of the purchase of goods is not a reason for the client's legal requirements to be left unsatisfied.
There are many ways to establish the fact of a purchase:
- by recording CCTV cameras;
- according to the statement maintained by the seller;
- according to testimonies.
In addition, certain information is stored in the product barcode, including information about the manufacturer and seller.
So if the buyer does not have a receipt or a warranty card, and the warranty period has not yet expired, then they cannot refuse to fulfill his requirements.
Warranty Claim
If a conflict arose with the repair shop or the seller himself, and no matter for what reason, it is necessary to draw up. It is filled in free form and must contain the following information:
- about the applicant;
- about the seller or workshop employee;
- about the goods of inadequate quality and about the reasons that led him to such a state;
- about the nature of the conflict (for example, refusal to change goods or issue money);
- date and place of the document.
The seller must within 10 days to establish the cause of the breakdown of the goods and either return the money to the client, or justify your refusal. If the claim remains unanswered, you can demand in court a penalty in the amount of 1% of the value of the goods. You can apply directly to the court or to the department of Rospotrebnadzor.
You can find a sample claim for warranty repairs.
Reserve for warranty repairs and its accounting
If the warranty repair is carried out by an authorized workshop, then the seller or manufacturer will reimburse the mechanics for all costs after its completion in accordance with the inventory and the acceptance certificate. But the workshop still bears the initial costs.
Therefore, the law provides for the possibility of creating a reserve for the implementation of warranty repairs of equipment. Such organizations make deductions from the profit from the sale of goods. In other words, this is such a “cushion” of financial security. In the event that repairs were not necessary, then these funds are returned to the balance of the enterprise as other income.
The remuneration that the service receives from the seller for a successfully completed repair relates to the income from the usual type of activity and is recorded in accounting in this way.
To confirm the receipt of income, the service center draws up a report based on the following documents:
- contracts with the seller or manufacturer for warranty repairs;
- buyer claims;
- the act of fixing the identified breakdowns (defects);
- warranty card;
- repair order;
- act of expenses for materials and spare parts;
- act of acceptance of work.
Thus, any service center has its own financial reserve, and a refusal to provide repairs due to its high cost or lack of free funds cannot be justified in any way.
Return of goods after warranty repair
When issuing the device after repair, the service employees must provide the client with a work acceptance certificate, which indicates:
- date of the buyer's contact with the identified defect;
- date of transfer of the goods directly to the repair shop;
- date of repair of all damages;
- the nature and type of damage, an indication of their elimination or impossibility of elimination;
- information about the materials and details used;
- information about changes to the design of the device;
- date of issue of the goods to the consumer.
The warranty period is extended by the time the product was in the service center. For example, if it was repaired within a month, then the final warranty period should be extended by 30 days.
For individual parts and components, the service can set its own warranty periods.
If the service does not return the goods within the period established by the contract, then he must pay a penalty in the amount of 1% of its value for each day of delay.
In the video we will consider all these issues in more detail:
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