In practice, it is rather difficult to exchange goods without defects or return the money paid for it, since sellers, not seeing violations of consumer protection legislation on their part, are reluctant to meet the buyer. However, if you know your rights and show adherence to principles, it is quite possible to protect your interests without unnecessary delays.
Every buyer needs to know their basic rights under the Consumer Protection Law. These include:
- the right to a good quality product;
- the right to a safe product and to information on how to use it correctly so that it remains safe for both the consumer and others;
- the right to information in Russian about the manufacturer and method of production, license number, etc. (moreover, to obtain such information, the seller does not have the right to send the buyer to the head office or to the official website, the information must be available at the point of sale).
Violation of these rights entails the occurrence of the seller's responsibility in the form of the need to compensate for all losses of the consumer. So, under what conditions can a consumer exchange a product, the quality of which there is no reason to doubt?
Firstly, the possibility of such exchange exists only in relation to non-food products that are absent in the List approved by Decree of the Government of the Russian Federation No. 55 dated January 19, 1998. That is, such goods as personal hygiene items, household chemicals, furniture, cars cannot be exchanged., industrial machines, computers, air conditioners, etc. They can only be exchanged if deficiencies are found in them.
Secondly, the basis for the exchange should be: the discrepancy between the goods and the interests of the consumer in terms of shape, size, style, color, size or configuration.
Thirdly, you can contact the seller with a request to exchange the product only within two weeks from the date of purchase, including weekends and holidays.
Fourthly, to confirm that the product was not in use, it should retain seals, tags, labels, the product should not be damaged or stained, etc.
Fifth, the buyer must be able to confirm payment for the goods (document or testimony).
It should be noted that the consumer is limited in the way of protecting his interests in the case when a high-quality non-food product does not suit him - he can demand from the seller only an exchange for a similar product. And only in the absence of such a product at the time of applying for an exchange, the consumer can return the money.
In the event that the consumer returns the product, the seller must return the amount paid to him within three days.
By agreement between the parties to the sale and purchase agreement, the buyer can, but is not obliged, instead of refunding the cost to wait for the seller to have a similar product.
It will not be superfluous to draw up the entire procedure for the exchange or return of goods with such documents as: the act of transferring the goods to the seller, the act of the lack of goods of the required size (color, style, etc.), a claim for the return or replacement of the goods.
These documents are drawn up in any form, indicating the details of the seller, buyer, date of sale and return of goods, date of preparation, etc.
