Durable goods are usually expensive, so when deficiencies are found in them, consumers try to protect their rights by all legal means. However, sellers often persuade buyers to choose beneficial options for protecting these rights.
In order not to be misled, the buyer must first of all understand what actions he can take when detecting defects in the product and for how long.
So, in the protection of consumer rights when selling low-quality durable goods, the warranty period for the goods plays an important role. The concept of the warranty period is disclosed in the Law "On Protection of Consumer Rights" - this is the time during which the manufacturer, seller or their representative are obliged to satisfy the consumer's requirements related to the defects of the goods. In other words, it is the period during which the product will be guaranteed to function properly or will remain usable.
Distinguish between the warranty period set by the seller and the warranty period set by the manufacturer, which may not coincide. However, the seller's warranty period, in any case, must be either equal to or greater than that established by the manufacturer. That is, as long as the period set by the seller is valid, the consumer's requirements can be declared either to the seller or the manufacturer (their representatives), and when the period set by the manufacturer has expired, legal requirements can only be addressed to the seller (his representative).
Within the specified time frame, the consumer, at his choice, has the right to demand:
1. Eliminate product defects (warranty repair) free of charge or pay the costs of eliminating them, and such costs must be reasonable;
2. Reduce the cost of goods;
3. Replace the product;
4. Return money.
Together with one of these requirements, the consumer can recover the losses incurred.
In order to establish whether the defects are not the result of improper operation or transportation of the goods by the buyer, the seller or manufacturer at their own expense checks the quality of the goods. If the buyer wishes to be present at such a check, he should notify the seller in writing in order to be informed when and where the check of the quality of the goods will be carried out.
The transfer of the goods for checking its quality is drawn up in an act, which indicates the characteristics and properties of the goods, the detected malfunction, etc.
If the buyer or seller does not agree with the results of the quality control, the latter carries out an examination of the goods at its own expense with the involvement of the relevant expert bureaus. But, if the expert says that there is no fault of the seller in the shortcomings, all the costs of the examination will fall on the buyer.
At the time of repair of a product with defects, the consumer can expect to receive a similar product for use. A temporary analogue must be provided to the buyer within three days from the date of filing an application for its necessity. However, there are goods that cannot be replaced during the repair, for example, cars, furniture, etc.
The consumer can present only one demand from the above list and can change it only with the consent of the seller, if he has already started execution.
Any statements by sellers that the goods can only be exchanged or repaired, and not returned the paid value, are illegal. The consumer has the right to immediately declare the return of the goods and the money paid for it. In this case, the return will be placed on the value of the goods, set on it at the time of the consumer's request with such a request. That is, if the price of the product has risen since the moment of its purchase, the buyer needs to return the increased cost.
