Hidden product defect: what to do and where to go

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Published: 10/06/2018

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One of the laws of the Russian Federation dated February 7, 1992 No. 2300-1 “On the Protection of Consumer Rights” is dedicated to the protection of the rights and legitimate interests of consumers. This regulatory act provides for a preferential right to protect individuals when purchasing goods and services.

Implementation of consumer rights when deficiencies are detected
Concept of significant deficiency
Consumer rights when significant deficiencies are discovered
The procedure for determining a significant deficiency

What defects fall under the definition of “significant defect”

A significant defect in a product, work, service is a flaw, defect or, in the case of services, a defect, which entails the impossibility of using a particular product for its intended purpose, without modifying it or performing repair work.

In this case, the cost of completing work/repairing the product must correspond to or exceed the cost of the product on the market. A significant drawback implies the impossibility of normal operation of the product for its intended purpose, and therefore is the basis for its return to the retail outlet.

Rospotrebnadzor brings some clarity to the concept of a significant deficiency. According to the directives of this office, a defect can be considered significant in the following cases:

The defect cannot be eliminated by modification or repair. That is, we can talk about a significant drawback if, for example, the service center specialists cannot fix the breakdown.
A marriage can be corrected, but significant sums of money must be spent to eliminate the defect. Although some products can be repaired, their cost will exceed the market price of the device itself. In this case, the citizen can exchange the goods or return their funds.
Damage can be repaired as a result of repair work, but this process will take more time than stipulated in the terms of the purchase and sale agreement, work or provision of services (by law, the maximum repair period is 45 days).
It was detected more than once or the buyer discovered several defects at once that affect the operation of the device.
A discrepancy between the product and the sample was detected when the product was sold based on the sample.

It should be noted that if a citizen discovers a defect again, after it has been eliminated, the damage can also be classified as significant. Such a circumstance is the basis for putting forward a demand for the exchange of defective goods or a refund.

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Defective product: the law is on the consumer’s side

The corresponding Law (Article 18), as well as Article 475 of the Civil Code of the Russian Federation, is intended to protect the rights of citizens when purchasing goods of inadequate quality. These legislative documents reflect the possibility of protecting and restoring consumer rights through:

contacting the point of sale, where you can make demands for a replacement product (similar, similar) and a proportionate reduction in the purchase price;
organizing free elimination of deficiencies (at the expense of the seller, manufacturer), processing compensation for finances spent on repairs carried out at the expense of the buyer;
refusal to purchase with reimbursement of all expenses or a proportional part.

The Civil Code clearly states the provisions on the basis of which hidden defects in a product are a legal basis for its return to the seller.

Detection of a significant deficiency

Since significant defects play a fairly large role in the consumer protection process, identifying them is an important part of the refund procedure. In some cases, defects can be detected visually. However, goods with strong defects noticeable upon visual inspection rarely reach store shelves.

In this regard, almost the only way to detect a defect is to use the item for its intended purpose. In the case of significant defects in technically complex products, this is often the only way to detect them. It is almost impossible to visually notice defects in such devices. Therefore, the first detection of defects occurs after the products begin to be used.

You can identify a defect as a significant drawback by focusing on the points given above. This can be evidenced, for example, by too frequent repairs of the product, breakdown of the item without any action on the part of the buyer, etc. If repair work is delayed or costs too much, you can request an exchange/return.

Carrying out an examination

The mere fact of detecting a defect is not enough to carry out the exchange procedure.

First you need to establish that the problem is truly significant. This cannot be done by the buyer, consultant or seller.

Determination of a significant defect in a product is carried out by specialists during an examination.

To carry out the examination, you must return the device to the store (collecting all components related to it). If the seller refuses to voluntarily ship the goods, you will need to file a claim.

Since the existence of a claim is a mandatory requirement for further filing with the court, it is recommended to begin the proceedings by drawing up this document.

Important! In accordance with the law “On the Protection of Consumer Rights”, payment for the examination is carried out at the expense of the seller of the goods.

The examination can be carried out in the presence of the buyer. Actually, the latter is recommended to put forward such a requirement in order to avoid fraud on the part of the retail outlet. After the examination, the specialist prepares a report. It indicates what exactly caused the breakdown and how critical it is.

If the cause of the breakdown was the actions of the buyer, and not a manufacturing defect, the seller can recover from him the funds spent on the examination. If a manufacturing defect is detected, this will be indicated in the report. The nature of the breakdown will also be stated and it will be indicated whether it is significant or not. The latter circumstance directly affects the buyer’s further actions.

Significant shortcomings and consumer rights of citizens

It is necessary to distinguish between significant and ordinary defects of the product. In the latter case, it will be impossible to make a return or exchange.

Products whose defects can be corrected in a short time are sent for warranty repair.

The Law “On the Protection of Consumer Rights” in such cases does not allow the possibility of a refund (except for cases where a defect is discovered within 15 days from the date of delivery of the product to the buyer).

As for the significant shortcomings of complex technical products, Article 18 of the above-mentioned legislative act indicates that the discovery of defects of this nature is the basis for contacting a retail outlet with one of the following requirements:

Exchange of goods for a similar model.
Refund of money paid when purchasing the product (implies the return of the full cost of the product).
Exchange of goods for a product of another brand or model, with a refund or additional payment of part of the funds, depending on the specific situation.
Discounts on goods corresponding to the nature of the breakdown.

Reference ! The rights described above are also confirmed by Article 503 of the Civil Code.

Similar rights also arise if the defect appears again after warranty repairs. The seller's refusal to issue a return/exchange will be illegal. In this case, the citizen will be able to bring the retail outlet to justice by contacting one of the government departments or the court.

How can this concept be applied to complex technical products?

For technically complex products, some additional regulations apply.

The list of technically complex goods was approved in Decree of the Government of the Russian Federation dated November 10, 2011 N 924.

The main difference is the timing of submitting demands for replacement of goods or return of funds paid if deficiencies are discovered.

This can be done within fifteen days; at the end of this period, the seller is obliged to satisfy such requirements only in the following cases:

Recognition of the deficiency as significant.
Exceeding the repair deadlines established by law.
The product is under repair for more than thirty days during each year of the established warranty period.

Filing a claim

As mentioned above, if a significant defect is discovered, it is necessary to assemble the product in packaging along with all components. The next step is to file a claim. The document is drawn up on standard paper in A4 format.

At the request of the citizen, the paper can be printed or filled out by hand. However, before submitting the document, you must make sure that the warranty period for the product has not expired, since the right of exchange/return is valid only for the duration of the warranty.

The document should include the following information:

Full name of the outlet to which the paper is supplied. Abbreviations cannot be used; the data must be entered in full. After this, the applicant’s full name, residential address and contact telephone number are indicated. You can specify multiple numbers.
In the central part of the document, immediately after the header, the word “Claim” is written.
After the table of contents, the paper describes the circumstances of the purchase of the faulty product. You should indicate what exactly was purchased, in which store, and at what cost. If the purchase was made in the presence of witnesses, it is necessary to indicate them.
The following describes the citizen's problem. In this case, the purchased product is damaged. It should be indicated exactly when the item broke and what the nature of the breakdown was (if it is possible to establish).
The requirements part specifies the buyer's requirements for the outlet. What exactly to demand is decided by the buyer himself. A significant breakdown is the basis for the emergence of such a right. In addition, here you can specify requirements for personal presence at the examination concerning the product.
At the end of the document a date and signature are affixed.

Attention! The document is drawn up in two copies. One remains with the applicant, the other is given to the seller of the outlet. Both documents must be signed by a store representative.

The document must be accompanied by a sales receipt and a warranty card. It is recommended to avoid obscene language, threats, and blackmail. Otherwise, the claim cannot be used in the future, and the seller may legally refuse to accept it.

The claim is submitted to the retail outlet where the product was purchased. You can contact the seller, although it is recommended to visit the store administrator. A written complaint must be submitted upon your first visit to the store.

Such actions will immediately move the proceedings to an official stage regulated by law. You should not rely on verbal agreements with the seller.

After receiving the document, the seller will be obliged to either immediately fulfill the buyer’s requirements or send the product for examination . Further actions directly depend on the expert’s opinion. In case of disagreement with it, the citizen has the right to conduct an independent examination at his own expense, and then initiate legal proceedings.

Read how to correctly write a complaint to Rospotrebnadzor via the Internet and by letter.
Follow the link for information on returning a gift certificate.