Sometimes buyers buy low-quality goods and, due to their illiteracy, do not resort to any measures. However, according to Russian law, the consumer has to exchange a low-quality product or a refund of the amount spent.
It often happens that a product that is purchased very quickly fails, or does not work at all. In this case, the buyer has the right to return defective products. What this procedure looks like, and what documents are required, we will consider further.
It should be said that initially the law does not stipulate who is right and who is wrong. It only grants both parties (buyer and seller) the right to protect their rights in the prescribed manner. This right is regulated by the Law "On the Protection of Consumer Rights" and Article of the Civil Code No. 309. Let us examine in more detail what is said in these documents.
What is regulated
Consumer rights are regulated by Article 18 of the Law "On Protection of Consumer Rights". It states that any person who has purchased a substandard product has the right to exchange, warranty repair and return of the item with full compensation of its value. In addition, the buyer has the right to claim compensation for the damage caused.
As for the Civil Code, it stipulates that the seller has no right to refuse the buyer the return of defective products or faulty goods. All violations of organizations are considered in court. Legally, the seller cannot refuse to return the goods or funds, even if the buyer does not have documents confirming the fact of payment, that is, a check. However, the buyer must present a different document - the warranty card.
It is worth saying that not all goods can be attributed to these legislative documents. Products that cannot be returned include:
- personal hygiene products;
- medicines of good quality;
- medical jersey;
- movable property;
- technically complex products;
All complaints are considered in writing only.
What product can be considered substandard?
The basis for a refund is confirmation of the poor quality of a product or product. Such grounds include:
- The product does not match the description provided by the manufacturer.
- The product does not meet the conditions of purchase and sale (another name is sold).
- The product does not fulfill its functions, or there is a factory defect, in connection with which its operation is impossible.
- The product has clear signs of poor quality (scuffs, chips, cracks).
- Expired expiration date, or no expiration date on the package.
- A product that is not labeled.
- Conditions for the return of defective products
If the goods are found to be of poor quality, the goods can be returned to the store no later than 14 days from the date of purchase, or upon the fact of the warranty period. The seller has the right to conduct an examination of the goods in order to check under what circumstances there were defects or damage. The buyer then draws up a written claim for the product.
It is worth saying that a well-written claim allows you to settle the issue without lawsuits, while reducing the time.
How to properly fill out an application for a poor-quality product?
In order to correctly draw up a claim, it is necessary to take into account the key requirements that apply to it. These include:
- The application must be executed on a white sheet of A 4 format. It is allowed to issue by hand and in printed form.
- The hat should be designed according to the pattern. It contains full details of the seller and the applicant.
- After the header, a summary of the claim is drawn up, which describes the essence of the problem. The style of address is businesslike.The text should contain information about the defects of the product or a description of the marriage.
- The document should not contain profanity, insults, threats and incomprehensible abbreviations.
- All facts must be supported by documents. If possible, documents for the goods (cash register receipt, warranty card) should be provided.
- After the essence of the claim is stated, it is necessary to describe the list of all papers attached to the application.
- At the end of the document, the applicant's signature and date are affixed.
- If, before filing a claim, you checked the goods in the service center, this fact is indicated in the text. The corresponding verification act is attached to the claim.
- The application is made in two copies. After that, you must take a receipt from the seller that the complaint has been received.
What documents are required to submit an application?
As already mentioned, in order to prove the fact of the purchase of the goods, it is necessary to provide documents. These include:
- Cash register or sales receipt.
- Warranty card.
- Invoice for the goods.
- Receipt for the receipt order.
- Technical data sheet of goods.
- Operating instructions.
An important point is the presence of the seller's signature and seal indicating the details of the legal entity. If there is no such data, it will be impossible to confirm the purchase of the product.
If the documents are missing for some reason, you can use the help of witnesses who can confirm the purchase. In addition, you can use video recordings from the store.
Who should accept the claim?
A claim for low-quality products must be submitted directly to the store where the purchase was made. As a rule, administrators or other authorized persons work with returns and complaints.
In exceptional cases, the director or his deputy can accept the claim, but by law he is not obliged to do this.
After the complaint is accepted, you must ask the staff to make a note on your copy of the receipt of the document. It is allowed to send a claim by registered mail by courier service or Russian Post.
The time for responding to a claim depends on what is described in it.
- If you intend to exchange for a similar product, the answer is given within seven days.
- Exchange in the absence of a similar model - 20 days.
- Refunds - 10 days;
- Free repair - 30-45 working days.
Samples of claims for defective goods
Consider three typical applications that need to be issued in a given situation.
Sample application for goods of inadequate quality
Such a statement is written in the event that the product does not correspond to the description, or has a defect. In this case, the buyer does not agree to exchange for the same name.
If the buyer agrees to exchange the goods, he must:
- Contact the store with a written application for the exchange of goods, attaching documents confirming the fact of the sale.
- When writing an application, you should adhere to the generally accepted form.
How to write an application for a refund for a loan item
Application for a refund for goods of inadequate quality taken on credit
If the product you purchased was purchased through a loan, then the refund procedure becomes much more complicated. Before going to the store, you need to carefully study the sales contract. After that, you need to write an application to the store for a refund. In addition, you need to request the details of the bank in which the loan was issued. The organization from which the product was purchased is obliged to issue the buyer an act of return of the product. It must be sent with it to the financial institution that issued the loan.
In a financial institution, you write a statement of termination of the consumer agreement and attach an act from the store to it.