Our purchases are not always successful. And it's not just about quality. It happens that the purchased item has no flaws, but does not fit into the interior or does not fit in size.
From the article you will learn how to return goods to the store and what rights you have.
Article 25 of the law regulating the relationship between the seller and the buyer (Federal Law No. 2300-1) states: the consumer has the right to demand from the seller an exchange of goods if he is not satisfied with the consumer qualities, configuration, style, shape, dimensions or color of the purchased item.
Therefore, any product can be returned to the store (or other retail outlet) where it was purchased. If the seller cannot find similar products that meet the consumer’s requirements, he is obliged to return the money he received as payment within three days.
An exception is made for goods that are included in the list of non-exchangeable and non-returnable items. According to government decree number 55 (last amended in 2015), these include:
You can return any product to the store, except those included in the list of non-returnable items.
- foodstuffs;
- furniture;
- perfumes and hygiene products;
- medicines;
- household chemicals;
- silk, wool, linen and cotton products;
- animals and plants;
- jewelry;
- printed publications;
- weapon.
The above items cannot be exchanged or returned, but this does not relieve the seller of responsibility for selling damaged or defective products.
In this case, the consumer must necessarily go to court demanding compensation not only for material losses, harm to health (if any was caused), but also for moral damage.
It is better to first try to come to an agreement with the seller (manufacturer) - for this kind of violations serious fines threaten, so it is more profitable to solve the problem privately.
Returns and exchanges
To avoid any difficulties when returning goods, you must:
- keep the original packaging, labels, presentation, passport and warranty card (if any);
- availability of a payment document (cash or sales receipt, etc.).
If the receipt is lost, the fact of sale will have to be established in court.
Conventionally, all purchased items can be divided into two types: proper (satisfactory) quality and improper (unsatisfactory) quality.
Good quality goods can be returned to the store within two weeks from the date of purchase
In the first case, the goods can be returned to the seller within 15 calendar days after purchase. The exchange must be carried out freely on the basis of an oral statement from the buyer; delivery of the goods is carried out at his expense and is not compensated by the seller.
If the product was purchased remotely through an online store, the buyer has the right to refuse the purchase at any time until delivery has been made. Once the item has been received, returns can be made within a further seven days. If the seller has not informed the buyer of this rule, the return period is extended to three months.
Selling goods that are defective (inadequate quality) is a serious violation of trade rules. The law protecting consumer rights gives the right to demand from the manufacturer or seller:
- exchanging a product for a similar one, that is, the same brand, model and article;
- reducing the price and returning a certain part of the funds that were paid for the goods;
- exchanging a product for a similar one, but produced by another company (with appropriate recalculation);
- free and immediate repairs or payment for services to eliminate defects;
- return of money transferred to the seller as payment;
- compensation for moral damage and losses.
In this case, delivery of large goods back to the store (warehouse) is carried out at the expense of the seller (manufacturer). The period within which the product can be returned is equal to the duration of the warranty specified in the warranty card or other documents. This rule does not apply to technically complex products, which include:
You can return low-quality goods during the warranty period
- vehicles of any kind (except those that are not equipped with an engine - bicycles, scooters, etc.);
- navigation and wireless communications;
- digital cameras;
- TVs, monitors, computers;
- complex technical devices and appliances used in everyday life (refrigerators, coffee machines, washing machines, etc.).
Such goods can only be returned if no more than 15 days have passed since the date of purchase. After this period, the following circumstances may serve as grounds for a return:
- discovery of a serious design flaw;
- failure by the seller to fulfill obligations to eliminate defects within the agreed period;
- If the device must be constantly repaired due to the fault of the manufacturer and for at least 30 days a year (during the warranty period), it cannot be used for its intended purpose.
Naturally, in all these cases, documentary evidence is needed.
The seller (manufacturer) may insist on an examination if the buyer’s claims seem unfounded. The results of the examination are a weighty argument, but the buyer, in turn, can challenge them by resorting to the help of independent experts.
If the seller (manufacturer) for some reason does not want to terminate the sales contract or exchange a low-quality product, the only sure way to force them to change their decision is to file an application with the courts and demand compliance with the requirements in court.
Returning goods is the buyer's legal right. Despite this, many sellers are looking for any reason to prevent its implementation. Therefore, you should carefully choose the product you want to purchase: check the expiration date, availability of a certificate, appearance and functionality of the product. But if there is a need to return a purchased item, act with confidence, the law is on your side.
Good afternoon, dear reader.
The next article in the series “Overview of Consumer Protection Law” will focus on about exchange and return of goods of good quality.
Article 25. The consumer’s right to exchange goods of proper quality
1. The consumer has the right to exchange a non-food product of proper quality for a similar product from the seller from whom this product was purchased, if the specified product is not suitable in shape, dimensions, style, color, size or configuration.
The consumer has the right to exchange non-food products of appropriate quality within fourteen days, not counting the day of its purchase.
An exchange of a non-food product of proper quality is carried out if the specified product has not been used, its presentation, consumer properties, seals, factory labels are preserved, and there is also a sales receipt or cash receipt or other document confirming payment for the specified product. The consumer’s absence of a sales receipt or cash receipt or other document confirming payment for the goods does not deprive him of the opportunity to refer to witness testimony.
The list of goods that are not subject to exchange on the grounds specified in this article is approved by the Government of the Russian Federation.
Let's consider features of exchange of goods of good quality more details:
1. You can exchange a product of proper quality if it does not suit you in shape, dimensions, style, color, size or configuration.
Please note that the conditions in this list are sufficient to exchange almost any product.
For example, car wheels may not suit you in color. In this case, you can exchange them for discs of a different color (or return them, but we’ll talk about that later).
2. You can exchange goods within 14 days from the date of purchase. In practice, this period is given to you to make a final decision.
For example, you can purchase (a device for towing a trailer) at a car store without trying it on your car. After this, within 14 days you will be able to try everything on in a calm atmosphere and understand whether the product suits you or not.
In practice, a period of 14 days is convenient to use when purchasing clothes.
For example, you have just entered a shopping center and in the first store you see a shirt (or handbag) that suits you. At the same time, many buyers have thoughts that perhaps in the shopping center there is the same shirt (handbag) cheaper or of better quality, etc. Therefore, they often refuse to purchase at the first store. Nevertheless, knowing the provisions of the law on the protection of consumer rights, you can, without hesitation, buy a product in the first store, and if a better option later turns up, you can return the first product without loss.
3. Exchange of goods is possible only if it has not been used, and its presentation, consumer properties, seals, and factory labels have been preserved.
Those. You cannot use the product and then return it to the store. This is for the better, because the product will subsequently be sold again.
4. There are goods that cannot be exchanged. They are included in the list of non-food products of good quality that cannot be returned or exchanged for a similar product of a different size, shape, size, style, color or configuration:
For example, a car that does not match the color cannot be exchanged.
Returning goods of proper quality
Above we talked about the possibility of exchanging goods, but it is also you can return it:
2. If a similar product is not available for sale on the day the consumer contacts the seller, the consumer has the right to refuse to execute the sales contract and demand a refund the amount of money paid for the specified product. The consumer's request for a refund of the amount of money paid for the specified product must be satisfied within three days from the date of return of the specified product.
By agreement between the consumer and the seller, an exchange of goods may be provided when a similar product goes on sale. The seller is obliged to immediately notify the consumer about the availability of a similar product for sale.
Those. Goods of good quality can not only be exchanged but also returned within 14 days. I note that in practice problems with this usually do not arise. In almost all stores, unused goods are accepted back and the amount paid for them is returned.
Features of purchasing a pre-paid item
In practice, a situation quite often occurs when goods are purchased to order, i.e. You enter into a sales contract, transfer money to the seller, and then wait for the goods to arrive.
Transactions of this type have some features:
Article 23.1. Consequences of violation by the seller of the deadline for transferring prepaid goods to the consumer
1. The purchase and sale agreement, which provides for the consumer’s obligation to pre-pay for the goods, must contain a condition on the period of transfer of the goods to the consumer.
2. If the seller, who received the amount of advance payment in the amount specified in the purchase and sale agreement, did not fulfill the obligation to transfer the goods to the consumer within the period established by such agreement, the consumer, at his choice, has the right to demand:
transfer of the paid goods within the new period established by him;
refund of the amount of advance payment for goods not transferred by the seller.In this case, the consumer also has the right to demand full compensation for losses caused to him as a result of violation of the deadline for the transfer of prepaid goods established in the sales contract.
3. In case of violation of the deadline established by the purchase and sale agreement for the transfer of prepaid goods to the consumer, the seller shall pay him a penalty (penalty) for each day of delay in the amount of half a percent of the amount of prepayment for the goods.
The penalty (penalty) is collected from the day when, according to the purchase and sale agreement, the transfer of the goods to the consumer should have been carried out, until the day the goods are transferred to the consumer, or until the day the consumer’s demand for the return of the amount previously paid by him is satisfied.
The amount of the penalty (penalty) collected by the consumer cannot exceed the amount of advance payment for the goods.
4. The consumer’s demands for the return of the amount paid for the goods and for full compensation for losses are subject to satisfaction by the seller within ten days from the date of presentation of the corresponding demand.
5. The consumer’s requirements established by paragraph 2 of this article cannot be satisfied if the seller proves that the violation of the deadlines for transferring the prepaid goods to the consumer occurred due to force majeure or the fault of the consumer.
Let's look at them in order:
1. Firstly, the purchase and sale agreement must necessarily indicate product delivery time. I note that in practice, in order to avoid paying fines, many car dealerships at the order stage do not enter into a preliminary agreement, a pre-order agreement or something similar.
2. If the goods are not delivered to you within the period specified in the sales contract, you can either return the deposited money, or agree to postpone the delivery date. In addition, you have the opportunity to demand full compensation for losses.
Let's assume that you ordered a trailer from a store. Delivery date: July 18, 2018. You have planned a commercial trip for July 19 (transportation of 500 kg of cabbage), about which you, in turn, entered into an agreement with the owner of the vegetables. If the trailer is not delivered on time, you will not be able to transport the cabbage and, accordingly, will incur losses. It is these losses that the company that delayed the delivery of the trailer must compensate you for. Please note that the existence of an agreement in this case plays a very significant role. Without it, it will be extremely difficult to prove damages.
3. In case of delay in delivery of goods the seller is obliged to pay you a penalty(0.5 percent of the prepayment made for each day of delay). The amount of the penalty cannot exceed the amount of the advance payment.
4. If you decide to refuse the ordered goods, then The money should be returned to you within 10 days.
Let's summarize the article:
1. Within 14 days from the date of purchase of the product, it can be exchanged or returned (even if the product has no defects). In this case, it is necessary to preserve the original appearance of the goods (packaging, factory labels, etc.). Restrictions on exchange/return apply only to certain categories of goods specified in the special list.
2. In the case of pre-ordering goods, the delivery date must be indicated in the sales contract. For late delivery, the seller must pay a penalty and also compensate for losses incurred by the buyer.
Well, in the next article in the series we will talk about features (for example, via the Internet).
Good luck on the roads!
Good luck on the roads!
Hello. Please tell me if I can return the money for the antenna and digital TV receiver for 10 channels. The product is of high quality, but my TV does not show them. The packaging is intact, there is a receipt, the product was purchased today. Thank you in advance.
Love, Hello.
As far as I understand, we are talking about a technically complex product. The following items cannot be returned or exchanged:
List of non-food products of proper quality that cannot be returned or exchanged for a similar product of a different size, shape, size, style, color or configuration
11. Technically complex household goods for which warranty periods are established (household metal-cutting and woodworking machines; household electrical machines and appliances; household radio-electronic equipment; household computing and copying equipment; photographic and film equipment; telephones and fax equipment; electric musical instruments; toys electronic, household gas equipment and devices)
However, try contacting the store for a replacement. Although the seller is not obliged to do this, he can accommodate and replace the product.
Good luck on the roads!
Alexey-387
Is it true that a technically complex product can be returned if it is not for household use (for example, an echo sounder)
The product you purchased did not suit you and you want to return the money for the product in 2019, but don’t know how to do it? There are many nuances in this matter: whether the product was of proper quality or inadequate (defective / low-quality), whether you want to exchange the product or just return the money for the product, what are the terms for returning the product, what types of goods cannot be returned, and how to return the product step by step. That is why our lawyers located in Cheboksary have prepared this material for you so that you know what rights you have.
The content of the article(navigation):
Everything about returning and exchanging goods by the buyer
What types of goods are NOT returnable?
In this matter, there are two categories of goods - those of proper quality and those of inadequate quality. Whether your claim is eligible will depend on the category to which the product belongs when being returned or exchanged.
Return Not The following products are subject to proper qualities:
- Food products (Explanation of the Consumer Association of the Penza Region dated November 14, 2008);
- Goods included in the list of non-food products of proper quality that cannot be returned or exchanged for a similar product of a different size, shape, size, style, color or configuration;
- Used goods, also if their presentation, consumer properties, seals, factory labels are not preserved. (Clause 1 of Article 25. The consumer’s right to exchange goods of proper quality).
Eg, the goods were packed in factory disposable “blister” packaging, then opening such packaging automatically leads to loss of presentation and the seller’s refusal to exchange the goods in this case will be legal. Therefore, despite the fact that the “goods have not been used,” in most cases the seller still has the possibility of legally refusing to accept the returned goods of proper quality if the integrity of the packaging is damaged or missing.
Goods improper quality returns and exchanges Not subject only if the deadlines established by current legislation are exceeded. They are described in the next section (below) on this page of the site.
Nuance No. 1
When returning goods improper quality, packaging is not a mandatory requirement. The legislative acts of the Russian Federation do not contain requirements for the provision of original packaging when the consumer returns goods. If the seller makes a request to return the goods, the entire product must be returned, namely, the main product, its components and accessories, with the exception of packaging and wearable accessories that can be used or become unusable during operation.
On the other hand, it should be taken into account that the manufacturer may put a warning on the packaging about preserving the packaging with the manufacturer’s data. If a claim is made to the seller regarding the quality of the goods sold, the presence of this data may be important for the exercise of the consumer’s right to return the goods to the seller.
Nuance No. 2
The consumer’s absence of a sales receipt or cash receipt or other document confirming payment for the goods does not deprive him of the opportunity to refer to witness testimony (Article 493 of the Civil Code of the Russian Federation).
Nuance No. 3
The seller has the right to check the safety of the consumer properties of the returned goods (Clause 5, Article 18 of Law No. 2300-I).
Nuance No. 4
Return money for goods proper quality is possible if a similar product is not on sale on the day the consumer contacts the seller (Clause 2 of Article 25 of the Law “On Protection of Consumer Rights”).
Terms of return and exchange of goods
The buyer has the right to return the goods or exchange the goods, as well as make claims only if the deadlines provided by law are met. Limits (maximum) depend on which category the product belongs to - the category of proper quality or inadequate.
Terms for returning or exchanging goods proper quality
proper quality within fourteen days(i.e. Saturday and Sunday, as well as holidays are also considered), not counting the day of its purchase ().
The consumer has the right to exchange the product for a similar one on the day of contacting the seller. If a similar product is not on sale on the day the consumer contacts the seller, the consumer has the right to refuse from the execution of the purchase and sale agreement and demand the return of the amount of money paid for the specified goods. The consumer's request for a refund of the amount of money paid for the specified product must be satisfied within three days from the date of return of the specified product. By agreement between the consumer and the seller, an exchange of goods may be provided when a similar product goes on sale. The seller is obliged to immediately inform the consumer about the availability of a similar product for sale ().
Terms for returning or exchanging goods improper quality
The buyer has the right to make a claim, exchange or return the goods improper qualities:
- During fifteen days in relation to to technically complex products(Resolution of the Government of the Russian Federation dated November 10, 2014 No. 924). After this period These requirements are subject to satisfaction in one of the following cases ():
- detection of a significant defect in a product (section “Significant defect in a product (work, service), defect in a technically complex product” of Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 28, 2012 N 17 “On consideration by courts of civil cases in disputes on the protection of consumer rights”);
- violation of the deadlines established by this law for eliminating product defects;
- the impossibility of using the product during each year of the warranty period in total for more than thirty days due to repeated elimination of its various deficiencies.
- During warranty period or expiration date. In relation to goods for which warranty periods or expiration dates are not established, the consumer has the right to present the specified requirements if defects in the goods are discovered within a reasonable time, but within two years from the day of their transfer to the consumer, unless longer periods are established by law or contract. ()
If the consumer discovers defects in the product and submits a demand for its replacement, the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) is obliged to replace such goods within seven days from the date of presentation of the specified requirement by the consumer, and if additional verification of the quality of such goods is necessary by the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) - within twenty days from the date of presentation of the specified requirement ().
ATTENTION! If you want, for example, to return a defective product and get your money back, and the seller insists on conducting an examination, then the store is given a maximum of 10 calendar days (). If you decide to exchange a defective product for a quality one, then even taking into account the examination, the period for fulfilling your request should not exceed 20 days ().
Procedure for returning money for goods (step-by-step instructions)
Before demanding a refund for a purchased product or exchanging it for a similar one, make sure that you have the right to do so; to do this, carefully read the previous two sections of this page.
So, if your product is subject to exchange or return and the deadlines provided by law have not been violated, then here is what you need to do:
- You must contact the seller with a request to exchange the product or return the money;
- If the seller refuses to exchange, formalize this request in writing and hand it over to the seller’s representative against signature. Attach all necessary documents (receipt, warranty card) to the written request. A sample application is usually available in the store or from the director (administrator). It is written in two copies, one of which is given to the seller, and the other remains with the buyer. The application must indicate:
- full name of the seller (organization);
- applicant’s details – passport, place of residence, contacts (telephone, email);
- information about the product (number, article, description, receipt amount);
- in detail - the reason for returning the purchase;
- requirements for the store (reduce the price and return the difference, as well as exchange for money);
- date and signature.
- The seller to whom the claim is submitted is obliged to inform the rules and the deadline for reviewing the document. Next, register the receipt of the goods along with the cash receipt for it. The buyer receives an invoice, which confirms that he has handed over the purchase. If the seller refuses to accept it, then you need to send an application by mail with notification;
- If the seller refuses to change the product, it is necessary to go to court;
- The seller has the right to draw up a product inspection report to document defects and defects. In this case, the applicant needs to read the drawn up document and sign if he agrees with its contents. It is advisable to take a copy of the act for yourself;
- Also, if the seller accepted the goods of inadequate quality and ordered an examination, you must wait for its result;
- Familiarize yourself with the results of the examination, and in case of disagreement, require the seller to conduct an independent examination;
- If, even after the examination, the seller refuses to change the product, then it is also worth going to court;
- If there are no controversial issues, the general period for a refund is 10 days. Funds can be returned in cash. But by agreement with the store, especially if the buyer paid with a card, the money is sometimes transferred to it.
Useful links on this topic
Since this topic has various options for the development of events, we will also provide you with useful links on the topic of refunds and exchange of goods by the buyer.
The terms and methods of returning or exchanging goods depend on the following factors:
- are you satisfied with its quality;
- Is the product you purchased related to The list of technically complex goods is approved by the Government of the Russian Federation. It includes:
- light aircraft, helicopters and aircraft with an internal combustion engine (with an electric motor);
- passenger cars, motorcycles, scooters and vehicles with an internal combustion engine (with an electric motor) intended for driving on public roads;
- tractors, walk-behind tractors, motor-cultivators, machines and equipment for agriculture with an internal combustion engine (with an electric motor);
- snowmobiles and vehicles with internal combustion engines (electric motors) specifically designed for travel on snow;
- sports, tourist and pleasure vessels, boats, boats, yachts and floating transport vehicles with an internal combustion engine (with an electric motor);
- navigation and wireless communications equipment for home use, including satellite communications, having a touch screen and having two or more functions;
- system units, stationary and portable computers, including laptops, and personal electronic computers;
- laser or inkjet multifunctional devices, monitors with a digital control unit;
- satellite television sets, game consoles with a digital control unit;
- TVs, projectors with digital control unit;
- digital photo and video cameras, lenses for them and optical photo and film equipment with a digital control unit;
- refrigerators, freezers, combined refrigerator-freezers, dishwashers, automatic washing machines, dryers and washer-dryers, coffee machines, food processors, electric and combined gas-electric stoves, electric and combined gas-electric hobs, electric and combined gas-electric ovens, built-in microwave ovens, robotic vacuum cleaners, air conditioners, electric water heaters;
- wrist and pocket watches, mechanical, electronic-mechanical and electronic, with two or more functions;
- electrified tools (hand and portable electric machines).
- whether 15 days have passed since the date of purchase or not (if the product is technically complex);
- Did you buy the product online or in an offline store?
Please note: if during the sale of the product the seller informed you that the product is defective and you do not find any other defects in it, you will not be able to return it as a product of inadequate quality. Moreover, if you find a defect that was not specified during purchase, you can return it.
2. How to return or exchange an unsuitable product?
If you ordered a product in an online store, but have not yet received it, you can cancel it at any time. If the goods have already been pre-paid, the seller is obliged to return the money you spent. The exception is goods made specifically for you to order - you cannot refuse them.
If the product has already been received, you are satisfied with its quality, but it did not suit you or, for example, you don’t like it, you can return (not exchange!) it:
- within seven days after receipt - if at the time of delivery of the goods you were provided with written information about the timing and procedure for returning the goods;
- within three months from the date of transfer of the goods - if such information was not provided in writing.
You can return any product purchased in an online store, but only if its presentation and consumer properties are preserved.
To return the goods, you must provide the seller with a document confirming payment (receipt). If there is no such document, you can provide the seller with other proof of purchase (a screenshot from your personal account, an email, and so on).
At the time you return the goods, an invoice or return certificate must be drawn up, which must be signed by you and the seller. The seller is obliged to return the amount of money you paid no later than 10 days from the date you submit the corresponding demand. In this case, the delivery of goods from the buyer to the seller is paid by the buyer.
If you purchased from an offline store the product is of adequate quality, but it does not suit you in shape, size, style, color, size or configuration, you can exchange it for a similar product of the shape, style, color, size or configuration within 14 days, not counting the day of purchase. Please note there is The following goods of good quality cannot be returned or exchanged:
- personal hygiene items (toothbrushes, combs, hairpins, hair curlers, wigs, hairpieces and other similar products);
- perfumery and cosmetic products;
- textile goods (cotton, linen, silk, wool and synthetic fabrics, goods made from non-woven materials such as fabrics - ribbons, braid, lace and others); cable products (wires, cords, cables); construction and finishing materials (linoleum, film, carpets and others) and other goods sold by the meter;
- sewing and knitted products (sewing and knitted linen products, hosiery products);
- products and materials made entirely or partially from polymeric materials and in contact with food products (tableware and kitchen utensils, containers and packaging materials for storing and transporting food products, including for one-time use);
- household chemicals, pesticides and agrochemicals;
- household furniture (furniture sets and sets);
- jewelry and other products made of precious metals and (or) precious stones, cut precious stones;
- cars and motorbikes, trailers and numbered units for them; mobile means of small-scale mechanization of agricultural work; pleasure boats and other household watercraft;
- technically complex household goods for which warranty periods are established (household metal-cutting and woodworking machines; household electrical machines and appliances; household radio-electronic equipment; household computing and copying equipment; photographic and film equipment; telephones and fax equipment; electric musical instruments; electronic toys, household gas equipment and devices; wrist and pocket watches, mechanical, electronic-mechanical and electronic, with two or more functions);
- civilian weapons, main parts of civilian and service firearms, ammunition for them;
- animals and plants;
- non-periodical publications (books, brochures, albums, cartographic and musical publications, sheet art publications, calendars, booklets, publications reproduced on technical media).
The exchange of goods is carried out if it has not been used, its presentation, consumer properties, seals and factory labels have been preserved.
If the seller does not have a similar product on the day of your request, you can, by agreement with the seller, pick up a similar product when it goes on sale or refuse the sales contract and demand the seller return the money paid for the product. In this case, the amount you paid must be transferred to you within three days after the goods are returned.
To exchange or return an item, you need to provide the seller with a sales or cash receipt. If you do not have a sales or cash receipt, you can provide another document confirming payment for the goods or refer to witness testimony.
3. What can you expect when returning (exchanging) a low-quality product?
If you find a defect in the purchased product, and it Guarantee period- the period during which, if a defect is detected in the product, the seller, manufacturer or an organization or individual entrepreneur authorized by them are obliged to satisfy the consumer’s demands for repair or replacement of the product, reduction of the purchase price, return of the amount paid for it, and so on.
">warranty period, Life time- the period during which the manufacturer undertakes to provide the consumer with the opportunity to use the product for its intended purpose. It is mandatory for durable goods that, after a certain period, may pose a danger to the life and health of the consumer, cause harm to their property or the environment.">service life, or Best before date- the period after which the product is considered unsuitable for its intended use. Installed on food products, perfumes and cosmetics, medicines, household chemicals and other similar products.">expiration date haven't passed yet, you can count on:- if you eliminated the defects yourself or with the assistance of specialists;
- (discounts).
If you purchased a non-technically complex product, and if 15 days have not yet passed after purchasing a technically complex product, you can also count on:
- for a product of the same brand (model, article) or replacement of a product with the same product of a different brand (model, article) with a corresponding recalculation of the purchase price;
In addition, if a defective product causes you losses, you can demand compensation.
You have the right to make these claims during the warranty period, service life or shelf life, and if the service life is not established - within 10 years from the date of purchase of the goods.
Please note that in any of these cases you will need to provide the seller with a document confirming payment (check). If there is no such document, you can provide the seller with other proof of purchase (a screenshot from your personal account, an email, and so on).
In the event of a dispute about the reasons for the appearance of a defect in the goods, the seller is obliged to send it for examination at his own expense. However, if it turns out that the goods are damaged through no fault of his own, you will need to reimburse the costs of the examination and the associated costs of storing and transporting the goods. You can challenge the experts' decision at your own expense.
If, as a result of the examination, it turns out that the goods were damaged through no fault of the seller, you can make claims to the manufacturer, or to other authorized manufacturers, or to sales organizations and individual entrepreneurs (service centers, suppliers, etc.) on the same grounds, as well as to the seller. They can also conduct an examination.
The consumer has the right to participate in checking the quality of goods. IN
4. How to get a defective product repaired at the seller’s expense?
If the goods were damaged through no fault of yours, the seller, manufacturer or an organization or individual entrepreneur authorized by them are obliged to take the goods from you. It is better to determine the deadline for eliminating deficiencies in writing - in this case it cannot exceed five days. If during the repair it becomes obvious that it is impossible to eliminate the defects within five days, the parties may enter into an additional agreement to extend the repair period.
If the deadline for eliminating the defects of the product is not determined in writing, according to the law, the defects must be eliminated immediately - that is, within the minimum period required for such repairs.
Please note that the delivery of large-sized goods and goods weighing more than five kilograms for repair, as well as their return to the consumer, is paid by the seller (manufacturer or an organization authorized by them or individual entrepreneur).
While a durable product is being repaired, you must be provided with a similar product. Its delivery must be ensured by the seller, manufacturer, authorized organization or individual entrepreneur - depending on who you contacted - within three days. But this rule applies The following cannot be obtained for temporary use:
- pleasure craft;
- furniture;
- weapon.
5. How can I get reimbursement for repair costs for a defective product?
If you purchased a defective product, you can repair it yourself or with the involvement of third parties - you must reimburse the costs for this within 10 days from the date of submitting the corresponding request, but you will need to provide evidence of the repair.
In addition, the seller may doubt that the product was defective. In this case, he has the right to conduct an examination. He must do this at his own expense, but if, as a result of the inspection, it turns out that the goods were damaged not through his fault (but, say, through the fault of the manufacturer), you will have to reimburse the costs of the examination, as well as the transportation and transportation costs associated with it. storage of goods. Remember that the consumer has the right to participate in checking the quality of goods. You also have the right to challenge the results of the examination at your own expense.
With a claim for reimbursement of repair costs, you can also contact the manufacturer or other organizations and individual entrepreneurs authorized by the manufacturer or seller (service centers, suppliers, etc.) on the same basis as the seller.
6. How to get a markdown on low-quality goods?
If you discover any defects in the product that are not your fault, you can demand that the seller, manufacturer or organizations and individual entrepreneurs authorized by them give you a discount on this product.
The request must be satisfied within 10 days from the date of presentation.
The delivery of large-sized goods and goods weighing more than five kilograms for markdown, as well as their return to the consumer, must be paid by the seller (manufacturer, authorized organization or individual entrepreneur).
7. How to get a replacement for a low-quality product?
If the product was damaged through no fault of yours, the seller is obliged, at your request, to replace it with exactly the same (same brand, article), but of proper quality, or with a similar product of a different brand (article). Moreover, if a product of another brand is more expensive, you will need to pay extra; if it is cheaper, the seller will return the difference to you.
You must return the defective product to the seller. A new one is provided to you within seven days (and if additional verification is necessary - 20 days) from the date of presentation of the corresponding request. Therefore, it is better to record the fact of transfer of goods in writing.
The delivery of large goods and goods weighing more than five kilograms for replacement, as well as the delivery of a new product to the consumer, must be paid by the seller (manufacturer, authorized organization or individual entrepreneur).
If it takes more than seven days to replace an item, you can request a similar item for temporary use. Its delivery must be ensured by the seller within three days from the date of your request. But this rule applies You cannot receive the following during the replacement of the product:
- cars, motorcycles, as well as other types of motor vehicles, trailers and numbered units for them (except for cases when they are used by disabled people);
- pleasure craft;
- furniture;
- electrical household appliances used as toiletries and for medical purposes (electric shavers, electric hair dryers, electric hair curlers, medical electric reflectors, electric heating pads, electric bandages, electric blankets, electric blankets, electric hair dryer brushes, electric hair curlers, electric toothbrushes, electric hair clippers and other devices having contact with the mucous membrane and skin);
- electrical household appliances used for heat treatment of products and cooking (household microwave ovens, electric ovens, toasters, electric boilers, electric kettles, electric heaters and other goods);
- weapon.
If the product was damaged not through your fault, but also not through the fault of the seller, with a request to replace the product, you can contact the manufacturer, or other authorized manufacturers, or sales organizations and individual entrepreneurs (service centers, suppliers, etc.) at on the same grounds as to the seller. But they can only replace your product with a product of the same brand.
8. How to get a refund for a defective product?
If you purchased a non-technically complex product (and also if 15 days have not yet passed after purchasing a technically complex product), but the product turned out to be of poor quality, you can count on a refund of the amount paid. In any case, you will need to provide the seller with a document confirming payment (check). If there is no such document, you can provide the seller with other proof of purchase (a screenshot from your personal account, an email, and so on).
If the warranty period, expiration date or service life for the product are not established or if the warranty period of the product is less than two years, these claims can be made within two years from the date of receipt of the defective product. However, in this case, you will have to prove that the defects in the goods arose before you received the goods and for reasons beyond your control.
If it is proven that the goods were damaged through no fault of yours, the seller, manufacturer, or an organization authorized by them are obliged to return the funds paid for the goods to you within 10 days from the date of presentation of the corresponding demand, and you are obliged to return the goods.
Delivery of large-sized goods and goods weighing more than five kilograms is paid by the seller (manufacturer, authorized organization or individual entrepreneur).
9. How to return goods purchased on credit?
According to the Law “On the Protection of Consumer Rights”, if you return a product of inadequate quality purchased on credit, the seller is obliged to return the amount of money paid for the product in the amount of the loan repaid on the day of return, reimburse the interest paid and other payments under the contract, as well as refund the fee for providing a loan.
In this case, at the request of the seller and at his expense, you must return the received goods of inadequate quality.
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