The Law "On Protection of Consumer Rights" provides for various options for the action of the consumer in cases where shortcomings are revealed in the purchased product after purchase. In this case, the degree of responsibility of the seller depends on the nature of the shortcomings: whether they are significant or not, removable or not subject to elimination, etc.
The law stipulates that in the event of the sale of goods of inadequate quality, the seller compensates the consumer in full for losses, penalties (penalties), harm caused to the life, health or property of the latter, as well as moral damage.
So, when detecting defects in the product, the consumer can do the following:
1. To demand that these defects be eliminated free of charge or the cost of repairs be reimbursed;
2. Submit to the seller a demand to reduce the price of the goods;
3. Submit a claim for the replacement of goods;
4. Return the item to the seller and get your money back.
When using one of the first three options, the buyer can keep a low-quality product for himself, but if the seller demands to return it, the goods must be handed over to him, because often he needs to conduct a quality check or examination of the goods. In this case, all costs for the return of low-quality goods (transportation, loading and unloading) are borne by the seller.
When choosing options for action, it is necessary to take into account the properties of the product itself, for example, sour milk cannot be made fresh, therefore, it is impossible to demand the elimination of this deficiency, you can only demand to exchange it or return the money, as well as compensate for moral and material damage (for example, the cost of drugs in case of poisoning etc.).
In addition, you should pay attention to when the deficiencies were discovered - during the shelf life or beyond. In the latter case, it is necessary to prove the seller's guilt in the sale of low-quality goods, and in the first, the seller's guilt is assumed.
The manufacturer or the seller is released from liability only if they prove that the damage was caused due to force majeure or the buyer himself violated the rules for the use, storage or transportation of the goods, about which he was warned.
In addition to the fact that the consumer has the right to choose a specific requirement, he can choose the one to whom he will present it: the manufacturer, the seller or their representative. It is more expedient to contact the one who is closest to the location of the consumer, since the subject of the dispute, as a rule, is already spoiled goods, which cannot be stored for a long time.
The seller is obliged to return the money to the buyer within 10 days from the date of such a request. If the consumer wants to exchange the product, this must be done within 7 days. If the seller does not meet these deadlines, the court can collect a penalty (penalty) in the amount of 1% of the price of the goods for each day of delay.
