The Law “On the Protection of Consumer Rights” is the main regulatory legal act aimed at regulating relations between the parties to a purchase and sale agreement. However, the specifics of certain groups of goods made it necessary to separate them into a separate category of “technically complex” and establish special rules and procedures for returning them to the seller with an exchange for other products or compensation for the price paid at the conclusion of the transaction.
Which product is considered technically complex?
The list of technically complex goods was approved by Decree of the Government of the Russian Federation of November 10, 2011 No. 924. What does it include:
- All vehicles: cars, trucks, motorcycles, snowmobiles, water and air transport.
- Agricultural equipment: motor cultivators, walk-behind tractors, tractors, etc.
- Multifunctional devices (laser and inkjet), monitors and game consoles with digital control units.
- Power tool.
- A watch with two or more functions.
- Pleasure, sports and tourist boats.
- Yachts, boats, boats.
- Laptops, netbooks, system units, personal computers.
- Projectors and TVs with CBU.
- Household kitchen appliances: dishwashers, ovens, freezers, stoves, microwave ovens (built-in).
Note: clause 11 of Government Decree No. 55 states that technically complex goods for which warranty periods are established cannot be returned. Nowadays, a guarantee is given for any type of equipment, so it will not be possible to return a quality product.
Return of low-quality technically complex goods
Sellers have to accept from the buyer various goods that for some reason did not suit them or were found to have defects. When returning technically complex products of inadequate quality, certain features must be taken into account.
Remember! The buyer has the right to return the goods when:
- the purchase has obvious damage or defects. If the equipment does not work, which the seller must verify personally, he accepts a claim from the consumer;
- It was established as a result of testing that the defects of the product are associated with technical defects during its manufacturing process. The period for conducting the examination cannot exceed 45 days;
- if the store refuses to accept the purchase and return the money, you should write a statement of claim to the court;
- a request for a refund for a product or its replacement is submitted by the client in the case when the equipment has been under repair for at least 30 days during the year;
- equipment whose warranty period has not expired has been in service for too long.
Return Features
As mentioned earlier, it is impossible to return equipment of proper quality. For example, if a person ordered a refrigerator, but during the installation process it became clear that it does not fit in size, the store will not legally accept it back.
Returns are possible if the following defects are found:
- Scratches, cracks in the coating;
- Malfunctions;
- Providing inaccurate information about equipment: for example, if the country of origin is incorrectly indicated;
- Lack of instructions in Russian;
- Rapid battery drain;
- Inconsistency of the functions performed with the description in the documents;
- Incomplete set.
According to Art. 18 of Law No. 2300-1, the consumer, if defects are identified, has the right to demand money back, exchange of faulty equipment for another of the same or a different brand, recalculation of the purchase price, free repair. This can be done within 15 days from the date of purchase, but in some cases a return is possible at a later date.
If 15 days have not passed
The easiest way to exchange equipment is to recalculate the price if no more than 15 calendar days have passed since the date of purchase. In addition to the exchange, the buyer has the right to apply for a refund (cancellation of the purchase and sale).
Example:
The woman bought the refrigerator on April 5. After 3 days it was installed, and she realized that it was faulty, did not perform its functions, and the temperature conditions did not correspond to reality. She applied for a return to the store, which arranged for the refrigerator to be delivered to a service center for diagnostics.
The equipment was accepted on April 9, and already on the 15th we had a conclusion about the cause of the malfunction - a manufacturing defect. The buyer demanded that the faulty refrigerator be replaced with another one, and she picked it up on the same day.
After 15 days
Returns are more difficult to process if more than 15 days have passed from the date of purchase. Special rules are established here, according to which you can get money back or exchange equipment only in exceptional cases.
When the store issues a return:
- A significant deficiency has been identified - a defect that cannot be eliminated without disproportionate costs, or cannot be eliminated in principle;
- If the equipment cannot be used for its intended purpose for more than 30 days during the one-year warranty period. Everything is complicated here: you can apply for a refund only from the second year of the warranty;
- If the seller violated the repair deadline - 45 days.
Example:
A woman bought a car worth 2,000,000 rubles. from an official dealer. A month later, she discovered problems with the automatic transmission and engine. She went to the dealer for a diagnosis. After this, the cause of the malfunction was found, and the car was sent for repair under warranty.
The buyer did not receive the car and three months later, the seller significantly violated the repair deadlines. In this regard, she filed a claim for a low-quality car with a demand to terminate the sales contract and return her money.
The nuances of refusing quality products
The adopted regulations protect the rights of sellers and buyers. So, in Art. 25 of Law No. 2300-1 “On the Protection of Consumer Rights” states that a product of excellent quality can be replaced or simply returned to the sales department if a person is simply not satisfied with the color, style or dimensions of the product.
A number of conditions must be met:
- The products belong to the non-food group;
- The return is processed within 14 days, so it is better not to delay this matter;
- the product has not been used and its appearance has not been changed;
- the packaging wrapper is not damaged, factory markings, labels and seals are in place;
- present a cash document proving that the purchase was made at this particular outlet;
- make sure that the products are not included in the list of products prohibited for return.
Important! Presentation of a payment document confirming the purchase is not required. It is allowed to use other evidence (video camera recordings, testimonies of people present during the purchase).
How to return or exchange a technically complex product
The procedure begins with determining the grounds on which the store must return the money. For example, if 15 days have not passed and a defect is discovered, you need to contact the seller with a statement, if possible, present the equipment itself weighing up to 5 kg. Products over 5 kg are delivered by the store at its own expense.
Everything looks like this step by step:
- Submitting a return application. But this alone is not enough: the seller needs to make sure that the defect arose through his fault or the fault of the manufacturer, and with a high degree of probability the equipment will be sent for examination. In other cases, an on-site check by a store employee is sufficient.
- Expertise. It is carried out by a third party organization that has the right to carry out such activities. Delivery and work of experts is paid by the seller. If it turns out that the defect arose due to the fault of the consumer, the costs will be recovered from him.
- Obtaining an expert opinion. Based on the results of the examination, the store receives a conclusion, on the basis of which it makes a decision on return.
- The buyer receives money and, if desired, can arrange an exchange of faulty equipment for working equipment.
If the store refuses to accept goods with defects , it is recommended to request a written refusal and contact Rospotrebnadzor with it. Employees will organize an inspection, as a result of which the seller may be held accountable.
If you need to terminate the sales contract and recover money , you should file a claim in court. The documents are sent to the plaintiff’s place of residence or the address where the contract was concluded.
Conditions required to return (exchange) goods
All goods classified by the legislator as technically complex are included in this list based on the presence of a complex internal structure. It is this feature that determines the special procedure for returning such products back to the seller or exchanging them for another product item.
Article 18 of Federal Law No. 2300-1 of February 7, 1992 gives the buyer the right to refuse the purchase and sale transaction of any product within 15 days following the conclusion of the contract. In the presented case, the consumer does not undertake to explain the reason for refusing the transaction, even if the product is of proper quality. However, the presented position of the legislator has an exception and does not apply to product groups, the list of which is fixed by Government Decree No. 924 of November 10, 2011 .
Return to the online store
Distance trading is regulated by Art. 26.1 of Law No. 2300-1, but the features of the return remain the same. However, if the buyer ordered equipment, but changed his mind before receiving it, he has the right to refuse the purchase. If the goods have been received and the client has signed the documents, they can be returned only if defects are identified.
If you find a defect, you must return it before the end of the warranty period:
- Apply for a refund electronically or in writing.
- Present the equipment to the service center. If it weighs more than 5 kg, the store is obliged to arrange its delivery there.
- Wait until the examination is completed. By law, this takes up to 45 calendar days from the date of the consumer’s request. As a result, the center will issue a conclusion that will indicate the cause of the malfunction and the person who is to blame for it: manufacturer, seller, buyer.
- Present the product at the online store address or wait for the courier to pick it up. A copy of the transfer deed, warranty card, and components are sent along with it.
- Get money. They are transferred to the bank card from which the purchase was paid.
Note! If the examination establishes that the buyer himself is to blame for the malfunction, he will have to reimburse the costs of it, as well as the cost of transporting the equipment. If the fault is a manufacturing defect, the store is obliged to compensate the customer for delivery costs.
Most often, stores pay money voluntarily . In case of refusal, the client has the right to go to court, but compliance with the pre-trial procedure for resolving the dispute is mandatory.
Procedure
To return a complex product, the buyer will need to perform a number of actions :
- Contact the store where the low-quality product was purchased, providing the purchase to the seller.
- Draw up and submit a statement of claim .
- Wait 10 days . During this time, the selling company must make a decision on the claim: make a return, send the product for examination, or refuse to satisfy the client’s requirements.
- After receiving an official refusal to return the defect, the consumer has the right to seek protection from Rospotrebnadzor or the courts .
Application to a judicial authority
A statement of claim to the court for the return of money is filed in a number equal to the number of defendants in the case. The document is submitted in written or printed form.
Using the same principle, a statement is prepared to protect consumer rights in case of poor quality work or provision of services.
Attention! Calculator for calculating penalties under the Consumer Rights Law (Article 23, 23.1).
Data entered in the application:
- name of the judicial authority;
- information about the applicant (full name, telephone number, registration address and actual place of residence);
- information about the defendant: name, address (actual and legal), telephone numbers, information about the head of the organization;
- violations of consumer rights committed by store employees;
- list of requirements;
- the cost of the claim, which includes the cost of the product, penalties, compensation for moral damage;
- confirmation of an attempt to resolve the problem pre-trial;
- a list of papers accompanying the application to the court;
- documentation.
In addition to the standard set of documents, the following documents are attached to the application:
- power of attorney to represent the plaintiff in court;
- agreements, financial documents, results of checking the technical condition of the product, as well as other evidence of the validity of the plaintiff’s claims;
- complaint to the seller (copy);
- data on calculations of the cost of the claim.
ATTENTION! View the completed sample claim form for the return of goods:
Claim consideration period
Please note! You will have to wait at least 10 days for a response to your complaint to the seller. This period will be longer if the product is sent for testing and troubleshooting.
Equipment repairs under warranty can last no more than 45 days. Manufacturing defects discovered during product inspection are grounds for a refund. The procedure is carried out within 10 days.
Refund to the buyer by bank transfer.
What to do if the goods are not fully delivered, read here.
How to calculate the penalty for consumer protection, read the link:
