Returning a TV: is it possible to return it within 14 days if you bought it but didn’t like it?

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Published: 10/02/2018

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The process of returning such technically complex goods as a TV is regulated by the Law of the Russian Federation No. 2300-1 “On the Protection of Consumer Rights” (ZoPP), the Decree of the Government of the Russian Federation No. 55 “On approval of the Rules for the sale of certain types of goods...” and the Plenum of the Supreme Court of the Russian Federation No. 17 “ On the consideration by courts of civil cases in disputes regarding the protection of consumer rights”, Civil Code of the Russian Federation, and other regulatory documents.

For what reason can I return the TV to the store within 15 days?
How to return the TV to the store within 15 days? If the TV is of good quality
If the TV is defective

What to do if the seller refuses to return it?

Returning goods of proper quality

The Law “On the Protection of Consumer Rights” provides for the opportunity to return a good product that corresponds to the declared quality if it does not fit in shape, size, style, or does not satisfy any aesthetic requirement of the consumer.

This right is provided for in Art. 25. It can be sold within 14 days , excluding the day on which the purchase and sale agreement was completed.

But the norm is not about exchanging it for money, but about replacing it with another product that the consumer would like . If it is not available, but the consumer is ready to wait, then an agreement is concluded according to which the seller undertakes to immediately notify about the arrival of the desired product.

And only if a similar product is not found is it possible to get the money back. They are returned within 3 days from the date of application. Two conditions apply to such returns:

the product must retain its consumer properties, that is, it can be sold to another buyer as new, all tags, tags and labels are preserved;
The product is not included in the list of products that cannot be exchanged.

This list was approved by Government Decree No. 55 of January 19, 1998. It is a list of products that are considered technically complex. Clause 11 of this document states that household goods that are technically complex are not returned if they are of appropriate quality. The standard provides a breakdown of what exactly belongs to this group of goods, including household radio-electronic equipment. The TV belongs to such equipment.

Therefore, the answer to the question: is it possible to return a TV to the store if you don’t like it? is obvious. No, you cannot return the TV if you don’t like it at any time.

How to return the TV to the store?

To return the equipment to the seller, you must send a written claim to him.

The text of the document must include the following information:

name of the store, information about its location;
Full name of the client, his registration address;
date of purchase of the TV;
information about payment for goods;
information that the store sold a low-quality TV;
request to return money for goods;
date and signature.

The claim must be accompanied by documents for the equipment (payment receipt, warranty card, operating instructions).

After receiving the claim, the goods are sent for inspection, which is paid by the seller. If the store’s fault is confirmed, it returns the buyer’s money within 10 days.

For detailed instructions on returning the TV to the store, see the video below..

If you have difficulties getting a refund for a faulty TV , we recommend that you contact a qualified lawyer. He will tell you how to write a claim and ensure its timely consideration.

When can you demand your money back?

But there are cases when it is possible to refuse a product and make demands for a refund. When a product is found to have a discrepancy in quality, it is possible to return the TV to the store within 15 days from the date it was purchased.

Inadequate quality refers to any deviation from the characteristics and criteria that the product must have, in accordance with the law or the terms of the contract. Art. 18 of the PPP provides for the consumer to choose from two requests:

exchange for a similar or other product with recalculation of the price. That is, if the TV being exchanged is more expensive, the seller must return the difference; if it is cheaper, the buyer must pay extra;
return the funds.

Paragraph 38 of the Resolution of the Plenum of the Supreme Court No. 17 of June 28, 2012 clarifies that in this case the degree of deviation from quality standards does not matter, these may be completely insignificant shortcomings , the limitation is only in time, the appeal must occur within 15 days.

The RFP describes a case where an exchange is possible at a later date .

Discovery of a significant deficiency . This concept is deciphered in the same Resolution of the Plenum of the Supreme Court No. 17. It says that these are cases when it is necessary to spend too much time or money on repairs. The maximum cost for repairs is determined by the court, taking into account the characteristics of a particular product, but, as a rule, it is guided by an amount equal to or greater than the price of the product.
When, despite the fact that a claim was submitted to the seller containing a requirement to repair the TV, the seller did not do this on time . When determining the timing, a reasonable number of days is taken that are usually applicable for the production of this type of work. The term is determined in the agreement by the consumer. Art. 20 of the RFP determines only the maximum period for repairs of 45 days. As a rule, sellers use this deadline, forgetting that setting the time is the right of the consumer himself.
Endless repairs and correction of defects lead to a long absence of goods from the consumer, such that he cannot use it for more than a month in each warranty year. We are not talking about the time period when the consumer had the goods, but about their total quantity, that is, they may not be consecutive. And not about the entire warranty period, but only about one calendar year in it.

Returning a TV of inadequate quality (defective)

A product of poor quality or defective is considered to be one that has deviations from the normal one.

Marriage if

There are deviations in appearance from normal, or the equipment is not complete;
There are shortcomings due to which the TV is not able to satisfy the expected needs of the buyer;
There are shortcomings that prevent the product from fulfilling its direct functional purpose;
Characteristics differ from those stated in the accompanying documentation;
The parameters do not correspond to GOST or TU, according to which the goods were produced.

Reasons for return

There are different types of marriage.

View	Description
Ordinary	The quality of the product does not meet the standards established for it
Essential	Defects are difficult to remove and may require a high investment of time and money
Explicit	This type of defect is detected during a routine inspection. It is also detected at the technical control stage
Hidden	This type of defect is discovered during the operation of the product or during long-term storage

Any of the above types of defects allows you to return the TV to a store or other retail outlet.

However, it is not possible to return the goods in the following cases:

If the defect arose due to the actions of the buyer;
If the buyer was informed in advance about the existing defects;
If the warranty period has expired.

The warranty period is the period during which the manufacturer or seller provides the buyer with the right to return a defective product. It is installed on each item separately, depending on the characteristics of a particular product and legal requirements.

The warranty period includes:

warranty from the manufacturer - which is established by the manufacturer in accordance with the law (for example, in GOST);
warranty from the point of sale - which must be no less than the period specified by the manufacturer.

The buyer can return the product within two years after purchase, even if the warranty period has expired. However, this requires serious reasons. And the return procedure in this case will be complicated.

Buyer's rights

If the TV is of poor quality, that is, violations and defects are identified, then according to Article 18 of the Law “On Protection of Consumer Rights” the buyer has the right to a number of demands.

The buyer has the right to:

To return and receive money;
To exchange the product for a new one with the same declared characteristics;
To carry out repairs free of charge;
To exchange for a product with other characteristics with payment of the difference in price
By agreement of the parties, a reduction in the price of the product equal to the amount of the defect found.

It is important to consider that the choice of one of the above items should be made by the buyer, but not by the seller.

Procedure

If after purchase the TV is found to be defective, the first thing the buyer should do is contact the seller. At the initial stage, you should try to come to an agreement with him verbally, but if nothing works out, then you need to move on to serious action.

Time to file a claim

The time for filing a claim for replacement or refund is limited by the warranty period or expiration date . These time periods must be specified in the documents attached to the purchase or on the product itself. If they are not indicated, then they are considered to be equal to 2 years. If real estate was purchased, 5 years.

The period begins to count from the moment the consumer purchases the goods. If it is not possible to establish the exact date, then the starting point is the production date. If the TV was purchased in an online store, or by any other remote method, then the day the warranty begins will be considered the day of its delivery.

But the law provides for cases when you can make demands later . For example, when the guarantee is less than the maximum value , then you can use the right of return for a period of up to 2 years if the purchaser proves that the quality discrepancy arose before the product was transferred to him .

Please note that, as a rule, the period for televisions is set by the manufacturer for 12 months. If you are absolutely sure that a defect occurred before it was handed over to you, contact the manufacturer after the specified year has passed.

If the shortcomings fall into the “significant” category, then you can ask for the TV to be repaired after 2 years, but within the service life . This period must also be specified in the contract; if it is not specified, it is considered to be 10 years. Documents for a TV usually say 5 years.

In this case, the requirement is satisfied - to eliminate the deficiencies within 20 days. If this is not done, then you can ask for a refund. In this situation, the answer to the question: Is it possible to return the TV within 14 days will be different. Yes, this can be done within 15 days if there are any defects in it.

Features of calculating the warranty period

When the TV has already been sent in for repair, the warranty period does not expire while it is being manufactured. That is, from the total period a period equal to the number of days is subtracted from the moment the request is made to eliminate the defects until the moment it is returned to the buyer.

If any parts were replaced, then the TV warranty will be calculated from the date of installation of these parts and is equal to the period specified for them. These are general rules that can be changed by the rules established by the contract.

If the TV had to be replaced with components that do not perform important functions, for example, the power button, then, naturally, the expiration date will not change after its replacement.

According to the rules of paragraph 5 of Art. 18 ZPP and Art. 493 of the Civil Code, the buyer does not have to bring a receipt with him . If he has other ways to confirm the payment, he can use them. Such evidence must be accepted by the seller and cannot serve as a reason for refusing to accept the goods.

If the purchase was actually made in cash, then you can invite witnesses who can confirm the fact of the purchase. If the payment was made non-cash, using a card, then you can provide an account statement confirming the transaction.

If the TV was purchased remotely, then it is also possible to use an extract or document confirming the fulfillment of the customer’s order by the electronic media operator.

Is it legal to return the TV back to the store?

In accordance with the List of January 19, 1998 No. 55 and the List of November 10, 2011 No. 924, a television is a technically complex product that cannot be exchanged or returned. The named equipment can be returned to the seller only if special rules established by Law No. 2300-1 are observed. Let's look at them in more detail.

Conditions for returning the TV within 14 days

After purchasing a TV, you should carefully check its performance, as well as its functionality and compliance with the characteristics declared by the manufacturer. The sooner the buyer discovers defects, the easier it will be to return the goods to the seller.

In accordance with Part 1 of Article 18 of Law No. 2300-1, minor defects must be addressed to the seller within 15 days from the date of purchase of the TV. Minor disadvantages include:

dull screen colors;
insufficiently accurate color rendering;
lack of functions stated by the seller;
lack of instruction manual.

If a minor defect is detected, the buyer has the right to demand that the TV be replaced with equipment of the same or a different model.

Example 1. Doroschenko N.T. purchased a Samsung UE49 R5500B 49 TV from Yulmart RSK LLC. Upon receipt of the equipment, the buyer checked the completeness and absence of mechanical damage. After transporting the TV home, Doroshchenko N.T. I turned it on and found a dark spot on the screen that was not visible when it was turned off. In this regard, he immediately contacted the seller for a replacement product. The store refused to replace the equipment, citing the fact that the client had no complaints when making the purchase.
Doroschenko N.T. was forced to go to court to protect his violated interests. During the consideration of the case, a commodity examination was appointed. Based on the results of the study, the expert determined that the TV had an internal screen crack with subsequent spreading of liquid crystals. The defect occurred as a result of mechanical damage due to improper transportation or opening of the screen border. Since the store did not provide evidence that it provided the buyer with goods of proper quality, the requirements of Doroshchenko N.T. were satisfied (Appeal ruling of the St. Petersburg City Court dated March 1, 2018 in case No. 33-4272/2018).

Conditions for returning low-quality equipment under warranty

After the 15-day period, the TV can be returned only if serious problems arise.

Detection of significant deficiencies

One of the grounds for returning low-quality equipment is the discovery of a significant defect. According to the position of the RF Armed Forces, this is a deficiency that cannot be eliminated or its elimination will require significant material costs (Plenum Resolution No. 17 of June 28, 2012).

In practice, significant disadvantages include:

problems that prevent the equipment from being used for its intended purpose;
irreparable defects;
malfunctions requiring expensive work or spare parts;
defects that require significant time to correct (over 45 days).

Example 2. Timofeeva A.N. I purchased an LG 55LH609V TV from the M.video Management LLC . During the period of operation, the equipment stopped working. In this regard, the customer filed a complaint with the store, asking for a refund for the product. The claim remained unsatisfied, therefore Timofeeva A.N. went to court to protect her rights. During the consideration of the dispute, the judge ordered a commodity examination. According to the expert’s conclusions, the shortcomings present in the TV are caused by a hardware malfunction of electronic components or defects in the soldering of elements of the “main” module. Elimination of the deficiency is possible by replacing spare parts, the cost of which is significant. In this regard, the court recognized the defect as significant and satisfied the requirements of Timofeeva A.N. (Appeal ruling of the Saratov Regional Court dated August 22, 2017 in case No. 33-6230).

Violation of the warranty repair period

Typically, serious defects require lengthy warranty repairs. In accordance with Part 1 of Article 19 of Law No. 2300-1, the period for eliminating the defect should not exceed 45 days. If the seller has exceeded the repair period, the buyer has the right to apply for a refund.

Example 3. Vorobiev N.A. purchased a TV from Eldorado LLC . During operation, a defect appeared in the form of screen flickering. The buyer contacted the seller for warranty repairs. The store accepted the equipment and sent it for examination followed by restoration work. After 45 days, the seller still did not notify the buyer about the result of the warranty repair. Vorobiev N.A. I contacted the store with a request for a refund for the product due to exceeding the 45-day period. The seller met the buyer halfway and returned the money for the goods.

Staying under warranty repair for 30 days during the year

There are situations when the TV fails several times during the year. The buyer repeatedly sends it in for warranty repairs, but the problem appears again.

If during the year the equipment is under repair for a total of more than 30 days, then the seller is obliged to return the money for the goods.

Example 4. Astafiev A.S. I bought a TV at the Elektrotekhnika LLC . During operation, a drawback appeared in the form of the power button not working. The buyer sent the equipment for repair under warranty. After correcting the defect, he was again able to use the TV for its intended purpose. However, a month later a new drawback appeared in the form of screen flickering. In total, during the year the buyer could not use the TV for more than 30 days. In this regard, he contacted the seller for a refund, who satisfied his claim.

Return rules

Now let's look at how to return the TV to the store.

Drawing up an appeal

After discovering deficiencies in it, we write a claim addressed to the person who sold you the TV, or its manufacturer. We remember that we only have 15 days , so we hurry up. Situations when a deficiency is considered significant are quite rare, so we do not count on increasing the period.

In the complaint, we indicate the opponent’s data, our full name and coordinates where the response should be sent, if required. It would be better to indicate your mobile phone number, then, after making a decision on the issue, the seller will be able to contact you faster.

In the document itself we indicate where, when and for what subject the purchase and sale agreement was concluded . We describe how and what shortcomings were discovered.

We formulate requests. According to the rules of Art. 18 ZPP, this is not necessarily a return. You can ask for repairs, ask to replace the TV with the same one or choose another one, ask for a discount on what you purchased, or pay for the work of a third-party organization, which, at the request of the customer, eliminated the defects. We put a date and signature.

The document is drawn up in two copies , one remains with you, the second is given to the seller. On the copy that remains in hand, the receiving employee must put a date, signature or seal. You can submit a claim in person, through a representative, using a notarized power of attorney, or send it by mail.

Is it possible to return an item without packaging? Read here.

Checking the TV

But the main problem is that you will need to return the TV itself , since the seller must check the reality of your claims. Please note that if it was purchased online, the seller must pay for transportation from the buyer . For the traditional way of shopping, this rule only works if it weighs more than 5 kg.

If the seller evades his responsibility, then the consumer can transport the goods himself, and then issue an invoice to the opponent, asking him to return the money spent. Quality control is not an examination; it is carried out by the seller himself.

If doubts arise about the reasons for the occurrence of deficiencies, an independent examination may be carried out . During this process, a buyer may be found. When he sees that during the inspection some violations were committed, then he should ask to include his opinion in the act, which must be drawn up based on the test result, and then challenge it.

The examination itself is paid by the seller. But if it is proven that the defects arose due to improper use of the goods by the buyer, then he will be obliged to reimburse all expenses incurred by the seller in implementing the procedures described above. These include not only payment for the inspection, but transportation, storage, etc.

Providing similar products

If you request a correction or exchange, you have the right to request a similar item until the first request is fulfilled . If you ask for defects to be corrected, then the claim can include a request to provide you with a different TV set during the repair. It must be completed within three days, and delivery is carried out by the seller.

When you ask to replace the product, but the seller cannot do this within seven days, then the request to provide products that can also be used, that is, another TV, is also satisfied within 3 days. Sellers are not obligated to do this without your request. Government Resolution No. 55 approved a list of products that are not subject to the requirement to provide an analogue, and televisions do not belong to them.

We bought a TV, brought it home, but it doesn’t work. How to act correctly?

The consumer, at his own choice, has the right to: demand a replacement or refuse to execute the sales contract and demand a refund of the amount paid for the goods. You can submit a Claim (2 copies), the main thing is that your copy is stamped with a seal, entry number and signature; if it refuses to accept, you can send it by registered mail with notification and inventory. If they refuse or there is no response within 10 days after the application, then you can file an Application for Termination of the Contract (Claim) to the Court, no state duty is charged.

Article 15 of the Law of the Russian Federation “On the Protection of Consumer Rights”. Compensation for moral damage Moral damage caused to the consumer as a result of violation by the manufacturer (performer, seller, authorized organization or authorized individual entrepreneur, importer) of consumer rights provided for by the laws and legal acts of the Russian Federation regulating relations in the field of consumer rights protection, is subject to compensation by the causer of harm, if any his guilt. The amount of compensation for moral damage is determined by the court and does not depend on the amount of compensation for property damage. Compensation for moral damage is carried out regardless of compensation for property damage and losses incurred by the consumer.

Article 17 of the Law of the Russian Federation “On the Protection of Consumer Rights”. Judicial protection of consumer rights

1. Protection of consumer rights is carried out by the court. 2. Claims for the protection of consumer rights may be brought, at the choice of the plaintiff, to the court at the location of: the location of the organization, and if the defendant is an individual entrepreneur, his residence; residence or stay of the plaintiff; conclusion or execution of a contract. If a claim against an organization arises from the activities of its branch or representative office, it may be brought to court at the location of its branch or representative office. 3. Consumers and other plaintiffs in claims related to violation of consumer rights are exempt from paying state duty. Article 18 of the Law of the Russian Federation “On the Protection of Consumer Rights”. Consumer rights when defects are discovered in a product 1. If defects are discovered in a product, if they were not specified by the seller, the consumer has the right, at his own discretion, to: demand a replacement with a product of the same brand (same model and (or) article); demand replacement with the same product of another brand (model, article) with a corresponding recalculation of the purchase price; demand a proportionate reduction in the purchase price; demand immediate free elimination of defects in the goods or reimbursement of costs for their correction by the consumer or a third party; refuse to fulfill the purchase and sale agreement and demand a refund of the amount paid for the goods. At the request of the seller and at his expense, the consumer must return the defective product. In this case, the consumer also has the right to demand full compensation for losses caused to him as a result of the sale of goods of inadequate quality. Losses are compensated within the time limits established by this Law to satisfy the relevant consumer requirements. In relation to a technically complex product, if defects are discovered in it, the consumer has the right to refuse to fulfill the purchase and sale agreement and demand a refund of the amount paid for such a product or make a demand for its replacement with a product of the same brand (model, article) or with a different product. brand (model, article) with a corresponding recalculation of the purchase price within fifteen days from the date of transfer of such goods to the consumer. After this period, these requirements are subject to satisfaction in one of the following cases: detection of a significant defect in the goods; 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. The list of technically complex goods is approved by the Government of the Russian Federation. 2. The requirements specified in paragraph 1 of this article are presented by the consumer to the seller or an authorized organization or an authorized individual entrepreneur. 3. The consumer has the right to present the requirements specified in paragraphs two and five of paragraph 1 of this article to the manufacturer, authorized organization or authorized individual entrepreneur, importer. Instead of presenting these demands, the consumer has the right to return goods of inadequate quality to the manufacturer or importer and demand a refund of the amount paid for it. 5. The consumer’s absence of a cash or sales receipt or other document certifying the fact and conditions of purchase of the goods is not a basis for refusal to satisfy his requirements. The seller (manufacturer), authorized organization or authorized individual entrepreneur, importer are obliged to accept goods of inadequate quality from the consumer and, if necessary, carry out a quality check of the goods. The consumer has the right to participate in checking the quality of the product. In the event of a dispute about the reasons for the occurrence of defects in the goods, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, or the importer are obliged to conduct an examination of the goods at their own expense. The examination of goods is carried out within the time limits established by Articles 20, 21 and 22 of this Law to satisfy the relevant consumer requirements. The consumer has the right to be present during the examination of the goods and, in case of disagreement with its results, to challenge the conclusion of such examination in court. If, as a result of the examination of the goods, it is established that its defects arose due to circumstances for which the seller (manufacturer) is not responsible, the consumer is obliged to reimburse the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer for the costs of conducting the examination, as well as those associated with its implementation. costs of storing and transporting goods. 6. The seller (manufacturer), authorized organization or authorized individual entrepreneur, importer is responsible for defects in goods for which there is no warranty period, if the consumer proves that they arose before the transfer of the goods to the consumer or for reasons that arose before that moment. In relation to goods for which a warranty period has been established, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer is responsible for defects in the goods unless he proves that they arose after the goods were transferred to the consumer as a result of the consumer’s violation of the rules for use, storage or transportation of the goods, actions of third parties or force majeure.

Other ways to protect rights

If after filing a claim there is no reaction, or it does not satisfy your requirements, then feel free to go to court. You can file a complaint with other structures, for example, Rospotrebnadzor, which can fine the seller for failure to comply with requirements on a voluntary basis.

But the PPA establishes that consumer protection, with the ability to compel compliance with consumer demands, is available only to the court.