The quality of the product does not always meet the standards. No one is immune from purchasing low quality products.
Even a thorough inspection and performance testing in a store does not guarantee the identification of hidden product defects provided for by the Civil Code of the Russian Federation.
For example, when purchasing vehicles, large household appliances, computers and components, a detailed inspection may not be enough, since the defect may be hidden inside the device.
Therefore, special conditions are provided to find shortcomings in the operation of technically complex products.
The rights of the buyer and seller are regulated by the Civil Code and the Law “On the Protection of Consumer Rights,” which supplements its individual paragraphs.
What are hidden product defects?
In order to ensure that the purchase of products does not cause additional problems, you should understand what the hidden defects of the product are.
In accordance with the legislation of the Russian Federation, which is also in force in 2020, hidden product defects are significant deviations from the following indicators:
- Legislative standards that exist in the country.
- The terms of the completed agreement for the sale and purchase of goods.
- The intended purpose or main objectives that were voiced by the seller to the buyer.
Depending on the degree of significance, the following defects are distinguished:
- Critical defects are non-compliance of goods with the requirements that have been established. They can cause harm to life, health, property of consumers or the environment. Products with such defects cannot and should not be used for their intended purpose.
- Significant nonconformity defects have a significant impact on the intended use and reliability of the products. But they do not affect the safety of consumers and the environment.
- Minor defects do not significantly affect the consumer properties of goods, primarily their purpose, reliability and safety.
The above types of defects are taken into account when choosing the type of product quality control. To identify a critical defect, continuous monitoring is necessary, and in some cases repeated. Control of other defects can be carried out selectively.
In accordance with legal norms, hidden defects can be called defects in the product, the absence of functionality declared or voiced by the seller, but the intended functionality, or other discrepancies between the product and the description or image.
In the Civil Code of the Russian Federation, the term significant defect is used for repair work that cannot be eliminated at all or due to the financial unprofitability of carrying out repair work.
A hidden defect in a product may not be noticeable during testing at the time of purchase, but it will become apparent upon further use. If the seller is aware of this, he is obliged to provide the buyer with complete information about hidden and obvious defects of the product.
The peculiarity of a hidden defect is that it occurs after the buyer receives the goods; the cause of its occurrence must be determined by an examination. In turn, the buyer is obliged to prove that it was not his fault.
A positive outcome for the consumer will only be if he fully complied with the operating rules, and the breakdown occurred as a result of a manufacturing defect or the negligence of the carrier.
This examination is paid for by the seller, and the buyer has the right to monitor the entire process of its implementation.
But if experts conclude that the buyer caused the defect, then he will have to reimburse all costs.
How to determine a significant defect in a product, work or service
But, let's return to the shortcomings that we started talking about. Every time you want to get something really worthwhile from a seller or manufacturer, you must prove that the defect is significant.
The category of materiality is a category that is still legal in nature. That is, this is a question related to how significant. This is an evaluation category.
Therefore, in fact, only the court can judge that this shortcoming is significant. But technical experts, they can talk a little about something else. They can talk purely about economic or technical issues.
That is, is this drawback a drawback that requires a lot of time to be spent on in order to eliminate it? Or, if it is eliminated, how much it will cost. That is, they should draw your attention to a purely economic point.
Or is it the same flaw that was identified earlier. That is, a renewable deficiency.
Or it is irremovable, that is, the entire thing needs to be reworked as a whole and it will no longer have the characteristics for which it was purchased. That is, a specialist should speak about these points, an expert should speak.
But only the court should speak about materiality, that is, whether the defect in the product is significant. Because he evaluates the circumstances of the case, which may relate to both operational issues and the time of acquisition.
And to the information that was provided to the consumer upon purchase. Only he can generally say whether a given deficiency is significant.
How can a consumer protect his rights?
The Law “On the Protection of Consumer Rights” is designed to protect and restore the rights of citizens in the event of purchasing a product of inadequate quality.
This procedure is carried out through:
- Contacting the store where the product was purchased with a request to replace it with a similar or similar one and a commensurate reduction in cost.
- Organizations of free elimination of deficiencies or compensation of financial resources spent on repairs carried out at the expense of buyers.
- Refusal to purchase with reimbursement of your expenses in full or a proportional part.
The Civil Code of the Russian Federation describes provisions on the basis of which hidden defects in a product are a legal basis for returning it to the seller.
Is the warranty time extended?
If a warranty period was established for the product, then after the defects are eliminated, it should be extended for the period of time during which the repair took place. According to paragraph 3 of Art. 20 of the PPSA, this period begins from the moment the consumer applies and ends with the date of delivery of the goods to him after repair.
The longer it takes to eliminate defects, the longer the warranty period will be. Therefore, the seller is also interested in completing the repair as quickly as possible. If the elimination of defects was carried out with the replacement of components that have their own expiration date, then the expiration date for the new components is the same as for the replaced ones.
After completion of the repair, upon delivery of the goods, the consumer is provided with written information about the date of application, the start and end time of the repair, as well as a list of all defects eliminated and information on the replacement of components.
Buyer's actions when hidden defects are discovered
Products in Russia are sold in a wide range, this obliges sellers to guarantee the sale of quality goods and provide the buyer with complete information about the features of the purchase.
If the seller has not informed the buyer about hidden or obvious defects in the product, then, in accordance with the law, the consumer has every right to demand its return. In this case, all costs of transportation, delivery, markdown, and replacement are borne by the seller .
During the period the product is under warranty, the buyer can freely contact the seller with legitimate claims regarding product quality.
If a product was purchased and defects were discovered within two weeks, you need to make a written statement and contact the retail outlet for a replacement or refund.
What to do if the warranty period is not defined
When purchasing low-quality products, the relevant question is what is the deadline for filing a claim for hidden defects of the product.
If the purchased product did not have a warranty or expiration date, you can submit a request to eliminate its defects within two years.
This means that if, after purchasing a product in a store or receiving it by mail, the consumer discovers shortcomings that interfere with its further use, he can legally report this to the seller.
If the warranty is established
The warranty period of a product is the period during which the product must fully comply with the stated operating parameters. Within this time frame, the seller undertakes to eliminate any defects made by the manufacturer, if any.
If the product has additional parts and a separate period is set for them, then the period for detecting defects is charged upward.
In some cases, the warranty period is less than two years . However, the buyer has two years to make a claim if the defect in the product arose before it was purchased.
The deadline for filing a claim for hidden defects in goods is established by Article 477 of the Civil Code of the Russian Federation and is:
- Warranty period.
- Expiration date period.
- Unless otherwise established, then two years from the date of purchase.
The time for filing claims will be calculated:
- from the beginning of the season of use;
- from the date of receipt of the goods by mail or from a courier;
- from the moment of installation of the product by technical personnel;
- from the end of the warranty, but not later than two years.
Consumer rights when product defects are discovered
© Irina Sokolova, head of the analytical department of the Russian Consumer Association
- Consumer requirements related to product defects
- The procedure for submitting claims for the return of the amount paid or for the replacement of technically complex goods
- Deadlines for detecting product defects
- The procedure and timing for satisfying the consumer’s request to eliminate product defects
- The procedure and timing for satisfying the consumer’s request to replace defective goods
- Procedure and terms for satisfying other consumer requirements
- Liability for violation of deadlines for satisfying consumer requirements (penalty)
Consumer requirements related to product defects
If a consumer discovers a defect in a product (if the defect was not specified by the seller), he has the right to independently choose one of the following options:
- demand 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, while at the request of the seller and at his expense, the consumer must return the goods with defects.
If defects are discovered in a product whose properties do not allow them to be eliminated (food products, perfumes and cosmetics, household chemicals and other goods), the buyer has the right, at his choice, to demand the replacement of such a product with a product of adequate quality or a commensurate reduction in the purchase price.
At the same time, 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.
The consumer can make these requirements in relation to any goods, except those that are technically complex.
The procedure for submitting claims for the return of the amount paid or for the replacement of a technically complex product
If a defect is discovered in a technically complex product within the first fifteen days from the date of delivery of the product, the consumer has the right to refuse the product and demand a refund of the amount paid for it or make a demand for its replacement. From a legal point of view, a consumer’s refusal of a product is a refusal to fulfill a sales contract, after which the consumer is obliged to return the product to the seller, and the latter is obliged to return to him the money paid for the product in full, without any deductions. When making a request to replace a product, the consumer has the right to claim a product of the same brand (model, article) or the same product of a different brand (model, article). In this case, the seller has the right to make an appropriate recalculation of the purchase price (return part of the money if the product is cheaper, or demand an additional payment if the product chosen by the consumer is more expensive).
The Supreme Court of the Russian Federation clarified that the consumer has the right to demand the replacement of a technically complex product or refuse to fulfill the sales contract and demand the return of the amount of money paid for the product, regardless of how significant the deviations from the requirements for the quality of the product were. The main condition is the period for submitting such claims, which cannot exceed fifteen days from the date of transfer of the goods to the consumer.
After this period has expired (i.e., starting from the sixteenth day after delivery of the goods to the consumer), demands for the return of the amount paid for a technically complex product or for the replacement of such goods must be satisfied in one of the following cases:
- if a significant defect is found in the product [1];
— if the deadline established by the Law “On the Protection of Consumer Rights” for eliminating product defects is violated;
- if the product cannot be used during each year of the warranty period in total for more than thirty days due to repeated elimination of its various defects.
It must be remembered that the consumer’s requirements for the quality of software used in a technically complex product (for example, for the operating system that serves to ensure its functioning) should [2] be considered as requirements for the quality of the product as a whole, taking into account its consumer properties in accordance with Article 469 of the Civil Code of the Russian Federation.
The consumer has the right to demand that the delivery of large goods and goods weighing more than five kilograms for repair, markdown, replacement and (or) return to the consumer be carried out at the expense of the seller (manufacturer, authorized organization, importer). In case of failure to fulfill this obligation, as well as in the absence of the seller (manufacturer, authorized organization, importer) at the consumer’s location, delivery and (or) return of these goods may be carried out by the consumer. In this case, the seller (manufacturer, authorized organization, importer) is obliged to reimburse the consumer for the costs associated with the delivery and (or) return of the specified goods.
Deadlines for detecting product defects
In relation to goods for which a warranty period is established
, the seller (manufacturer, authorized organization, importer) is responsible for any defects identified in it during the entire warranty period. Consequently, the consumer has the right to make claims related to the quality of the product and the defects identified in it if they are discovered during the warranty period (or shelf life).
The consumer has the right to submit claims related to product defects to the seller or to an organization authorized by the manufacturer (seller) to accept such claims.
An example of an authorized organization is a service (or dealer) center that performs certain functions under an agreement with the manufacturer of the product. These functions may be limited, for example, only to the right to satisfy consumer demands to eliminate defects in a warranty product (in household appliances, cars).
During the warranty period (or expiration date) established for the product, the Law gives the consumer the right to contact directly the manufacturer of the product (or importer of the product). In this case, the consumer has the right to demand replacement with a product of the same brand (same model and (or) article) or immediate free elimination of defects in the product (or reimbursement of costs for their correction by the consumer or a third party). Instead of presenting these demands, the consumer has the right to return the product of inadequate quality to the manufacturer (importer) and demand a refund of the amount paid for it.
If the product does not have a warranty period,
this does not deprive the consumer of the right to make claims related to product defects. The seller (manufacturer, authorized organization, importer) is responsible for defects in the goods that are discovered by the consumer within a reasonable time within two years from the date of its transfer to the consumer. To do this, the consumer must prove that the defects arose before the goods were transferred to the consumer or for reasons that arose before that moment.
If the warranty period is less than two years
and defects in the product are discovered by the consumer after the end of the warranty period, but within two years, the consumer has the right to present claims to the seller (manufacturer) related to the defects of the product if he proves that they arose before its transfer to the consumer or for reasons that arose before that moment.
If after two years
from the day the goods are transferred to the consumer,
significant defects are discovered in the goods,
the consumer has the right to present to the manufacturer (authorized organization, importer) a demand for the free elimination of such defects if he proves that they arose before the transfer of the goods to the consumer or for reasons that arose before that moment. If the specified requirement is not satisfied within twenty days from the date of its presentation or the detected defect in the product is irreparable, the consumer, at his choice, has the right to present to the manufacturer (authorized organization, importer) a requirement for replacement with a product of the same brand (same model and (or) article) or return the goods to the manufacturer (authorized organization, importer) and demand a refund of the amount paid.
The consumer has the right to make similar demands to the manufacturer (authorized organization, importer) if a significant defect is discovered during the service life established for the product or within ten years from the date of transfer of the product to the consumer if the service life is not established.
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We especially note that if a defect is discovered in a product for which the warranty period has not been established or has expired, the Law allows the consumer to make claims related to the defects of the product, but at the same time places the burden of proving certain circumstances on the consumer:
1. The reasons for the occurrence of defects (the fact that the defects arose before the transfer of the goods to the consumer or for reasons that arose before that moment). Such evidence can be the conclusion of an independent expert organization or a report from a service center.
2. Service life established for the product (usually indicated in the documents transferred to the consumer along with the product).
3. The time that has passed since the date of sale of the goods (date of transfer) to the consumer. The date is recorded in the cash receipt or sales receipt, warranty card, purchase and sale agreement, acceptance certificate of goods or other document.
The absence of a consumer's cash or sales receipt, non-cash payment receipt for services or other document certifying the fact and conditions of purchase of goods is not a basis for refusal to satisfy his requirements by the seller (manufacturer, authorized organization, importer). In confirmation of the conclusion of the contract and its terms, the consumer has the right to refer to witness testimony. However, it makes sense to keep all documents for purchased goods, especially for durable goods - this will greatly simplify the process of proof if a defect is discovered in the goods.
The procedure and timing for satisfying the consumer’s request to eliminate product defects
If the period for eliminating defects in the product is not determined in writing by agreement of the parties, these defects must be eliminated by the manufacturer (seller, authorized organization, importer) immediately, that is, within the minimum period objectively necessary to eliminate them, taking into account the usually used method.
The period for eliminating defects in the goods, determined in writing by agreement of the parties, cannot exceed forty-five days.
If, during the elimination of defects in the goods, it becomes obvious that they will not be eliminated within the period specified by agreement of the parties, the parties may enter into an agreement on a new period for eliminating the defects. At the same time, the absence of spare parts (parts, materials), equipment necessary to eliminate defects in the goods, or other similar reasons, do not constitute grounds for concluding an agreement on such a new period and do not exempt from liability for violating the period initially determined by agreement of the parties.
If repairs are necessary for a durable product, then the consumer has the right to demand that for the period of repair he be provided with a product that has the same basic consumer properties. It is advisable to state such a requirement in writing. If the consumer presents the specified requirement, the seller (manufacturer, authorized organization, importer) is obliged to provide the consumer with such goods free of charge within three days, ensuring its delivery at his own expense.
But this rule does not apply to all durable goods. Goods for which the consumer does not have the right to make such a claim are[3]:
- cars, motorcycles and other types of motor vehicles, trailers and numbered units for them, except for goods intended for use by disabled people, pleasure craft and watercraft;
- furniture;
- electrical household appliances used as toiletries and for medical purposes (electric shavers, electric hair dryers, electric hair curling irons, medical electric reflectors, electric heating pads, electric bandages, electric blankets, electric blankets, electric hair dryer brushes, electric hair curlers, electric toothbrushes, electric hair clippers and others devices that come into contact with mucous membranes and skin);
— electrical household appliances used for heat treatment of products and cooking (household microwave ovens, electric ovens, toasters, electric boilers, electric kettles, electric heaters and other goods);
- civilian weapons, main parts of civilian and service firearms.
Responsibility for violating the deadline for eliminating defects, as well as for failure to fulfill (delay in fulfillment) the consumer’s request to provide him with a similar product for the period of repair, is established by Law[5] in the form of a penalty. The seller (manufacturer, authorized organization, importer) who committed such violations pays the consumer a penalty in the amount of one percent of the price of the goods for each day of delay.
If the defects are eliminated, the warranty period for it is extended for the period during which the product was not used. The specified period is calculated from the day the consumer applies with a request to eliminate defects in the product until the day it is issued after the completion of its repair. When issuing the goods, the manufacturer (seller, authorized organization, importer) is obliged to provide the consumer with the following information in writing:
- on the date of the consumer’s request to eliminate the defects of the product discovered by him;
— the date of transfer of the goods by the consumer to eliminate defects in the goods;
— the date of elimination of product defects with their description;
— about used spare parts (parts, materials);
— the date of delivery of the goods to the consumer after the elimination of its defects.
If, when eliminating defects in the goods, a component product or component of the main product was replaced, for which warranty periods have been established, a warranty period of the same duration is established for the new component product or component of the main product, as for the replaced component product or component of the main product, unless otherwise provided by the contract, and the warranty period is calculated from the date of delivery of this product to the consumer after completion of the repair.
Please note that when considering disputes related to the implementation of free elimination of defects (warranty repairs), it is necessary to be guided by Chapter II of the Law on the Protection of Consumer Rights. It should be borne in mind that when accepting a product for this repair, the seller (manufacturer, authorized organization, importer) has an obligation to the consumer to store this product free of charge, to which the rules of Chapter 47 of the Civil Code of the Russian Federation on the storage agreement apply, the validity of which is determined by In a storage agreement, one party (the custodian) is obliged to store the thing transferred to it by the other party (the bailor) and return this thing intact, and the keeper is obliged to compensate for losses caused to the bailor in the event of loss, shortage or damage to the thing accepted for storage.
The procedure and timing for satisfying the consumer’s request to replace defective goods
If the consumer discovers deficiencies and submits a request to replace the product, the seller (manufacturer, authorized organization, importer) is obliged to replace such product within seven days from the date of presentation of the demand, and if additional quality control is necessary - within twenty days from the date of presentation of the request.
A product of inadequate quality must be replaced with a new product, that is, a product that has not been used.
When replacing a product, the warranty period for a new product is calculated anew from the date of its transfer to the consumer.
If the seller (manufacturer, authorized organization, importer) at the time of presentation of the demand does not have the goods necessary for replacement, the Law allows for replacement within a month from the date of presentation of such a demand.
Exceptions are made for regions of the Far North and equivalent areas. If the seller (manufacturer, authorized organization, importer) does not have the goods necessary for replacement, he is given the opportunity to make a replacement within the time required for the next delivery of the relevant goods to these areas.
If it takes more than seven days to replace a product, at the consumer’s request, within three days from the date of presentation of the request to replace the product, he must be provided with a durable product that has the same basic consumer properties. During the replacement period, the product is provided for temporary use to the consumer free of charge. It is recommended that the consumer make such a requirement in writing.
However, there are goods for which this rule does not apply. The list of such goods is similar to that given in the previous section; its text is located in Appendix No. 3 to this publication.
For violation of the terms of replacement of goods, as well as for failure (delay in fulfillment) of the consumer’s request to provide him with a similar product for the period of replacement, the seller (manufacturer, authorized organization, importer) who committed such violations is obliged to pay the consumer a penalty (penalty) for each day of delay. in the amount of one percent of the price of the goods.
When replacing a product of inadequate quality with a product of the same brand (same model and (or) article), the price of the product is not recalculated.
When replacing a product of inadequate quality with the same product of another brand (model, article), if the price of the product to be replaced is lower than the price of the product provided in exchange, the consumer must pay the difference in prices. If the price of the product to be replaced is higher than the price of the product provided in exchange, the difference in prices is paid to the consumer. The price of the goods to be replaced is determined at the time of its replacement, and if the consumer’s demand is not satisfied, the price of the goods being replaced and the price of the goods transferred in exchange are determined at the time the court makes a decision to replace the goods.
If the consumer has made a demand to replace a defective product with a product of the same brand (model, article), but such a product has already been discontinued or its supply has been discontinued, then in accordance with Article 416 of the Civil Code of the Russian Federation, the obligation of the seller (manufacturer, authorized organization, importer) in part of such replacement is terminated due to the impossibility of execution and the consumer has the right to present another requirement listed in paragraph 1 of Article 18 of the Law. The burden of proving the impossibility of replacing the goods due to circumstances for which the seller (authorized organization, importer) cannot be responsible, as well as the burden of the latter taking all necessary measures to fulfill the consumer’s requirements in these cases lies with the seller (authorized organization, importer).
The consumer has the right to apply to the court to change the method of execution of the decision if the specified circumstances arose after the court decision was made.
Procedure and terms for satisfying other consumer requirements
The consumer's demands for a proportionate reduction in the purchase price of the goods, reimbursement of expenses for correcting defects of the goods by the consumer or a third party, return of the amount of money paid for the goods, as well as the requirement for compensation for losses caused to the consumer as a result of the sale of goods of inadequate quality must be satisfied by the seller (manufacturer, authorized organization importer) within ten days from the date of its presentation. For violation of this period, the seller (manufacturer, authorized importer organization) who committed such violations is obliged to pay the consumer a penalty (penalty) in the amount of one percent of the price of the goods for each day of delay.
When returning goods of inadequate quality, the consumer has the right to demand compensation for the difference between the price of the goods established by the contract and the price of the corresponding goods at the time of voluntary satisfaction of such a claim or, if the claim is not voluntarily satisfied, at the time of the court’s decision.
In the event of the return of goods of inadequate quality sold on credit, the consumer will be refunded the amount of money paid for the goods in the amount of the loan repaid on the day of return of the specified goods, and also the fee for providing the loan will be reimbursed.
Responsibility for violation of deadlines for meeting consumer requirements
The seller (manufacturer, authorized organization, importer) is obliged to satisfy consumer requirements related to product defects within the time limits specified in Articles 20, 21, 22 of the Law.
For violation of deadlines, the seller (manufacturer, authorized organization, importer), who committed such violations, is liable to the consumer in the form of a penalty, the amount of which is established by Article 23 of the Law and is one percent of the price of the goods for each day of delay.
In case of failure to comply with the consumer's requirements within the time limits provided for in Articles 20, 21, 22 of the Law, the consumer has the right, at his choice, to present other demands from those provided for in paragraph 1 of Article 18 of the Law.
The penalty is collected for each day of delay until the day the claim is satisfied or until the day before the consumer submits a new claim.
In the event that the seller (manufacturer, authorized organization, importer) violated the deadlines for eliminating defects in the goods or the deadlines for replacing goods with defects, the deadlines for a proportionate reduction in the purchase price of the goods, the deadlines for reimbursement of expenses for correcting defects in the goods by the consumer, the deadlines for returning the amount of money paid for the goods, the deadlines compensation for losses caused to the consumer as a result of the sale of goods of inadequate quality or the provision of inadequate information about the product, as well as the consumer’s demand for provision of temporary use of durable goods with the same basic consumer properties was not fulfilled or untimely fulfilled, the consumer has the right to demand payment of a penalty for each violation by these persons.
The legislator did not limit the amount of this penalty to any amount.
[1] More details about the terms “shortcoming”, “significant shortcoming”, etc. see section Let's understand the terms
2] See Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 28, 2012 No. 17 “On the consideration by courts of civil cases in disputes regarding the protection of consumer rights.”
[3] Decree of the Government of the Russian Federation of January 19, 1998 No. 55, as amended by Decree of the Government of the Russian Federation of October 4, 2012 No. 1007. And we also read:
- Law on Consumer Protection
- Supreme Court on consumer protection
- What products can be returned to the store?
- How to return an item purchased on sale
- What products cannot be returned to the store?
- List of technically complex goods
- How to write and how to deliver a claim?
- Responsibility for failure to provide information about a product (work, service)
- Penalty for failure to deliver goods on time
- Consumer rights when product defects are discovered
- When the Consumer Rights Protection Law does not protect us
- Information about goods, works, services
- What deficiency is considered significant?
- What is the difference between service life and expiration date?
- Duration of product examination
- The seller violated the delivery deadline
- Selling goods remotely
- Features of selling goods by samples
- Purchase and sale agreement: what the consumer needs to know about it
All materials of the issue
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How to properly draw up and submit a claim
To file a claim regarding the quality of complex equipment, the consumer has 15 days after purchase. To apply for elimination of defects after the above-mentioned time, the buyer must have a compelling reason:
- discovery of a significant deficiency;
- impossibility without further use.
If this problem exists, you should figure out how long it takes to draw up a report on hidden defects of the product. The document is drawn up within 5 days from the date of discovery.
It should be taken into account that the contract can stipulate otherwise. But no later than 4 months from the date of receipt of the goods.
A report on hidden defects with a warranty period is drawn up:
- Within five days of detection.
- within the warranty period.
If defects are detected in the purchased product, the buyer draws up a statement, which must contain information about:
- Applicant - full name, registration.
- Name of product.
- Date of purchase.
- About the grounds for return with a list of defects.
- Requirements.
At the end of the document there is a signature and date of preparation . It is advisable to insert references to legislative acts into the claim, which is proved by the buyer’s actions within the framework of domestic legislation.
Thus, the deadline for filing a claim for hidden product defects is two weeks. And also, it can be issued during the period when the factory warranty is valid.
If there is no indication of the period of guaranteed service, a claim can be filed no later than two years from the date of conclusion of the purchase and sale agreement.
Deadlines for filing claims for product defects
It is worth mentioning right away that the period for the consumer to submit claims regarding product defects depends on the availability of the warranty period or expiration date.
If the warranty period (shelf life) of the product is established, the consumer can make claims against the seller only if defects were discovered during the warranty period or shelf life.
If the warranty period (shelf life) of the product has not been established, the buyer has the right to present the specified requirements if defects in the product are discovered within a reasonable time (but not more than 24 months from the date of purchase of the product).