A buyer who has purchased a low-quality product has the right to a refund or exchange for exactly the same, but of adequate quality. But sellers do not always agree to meet them halfway.
What to do when a completed application for a refund for a product and a completed claim do not resolve the issue and remain unanswered? To protect his rights, the buyer can apply to the court. But such treatment must be carried out in accordance with the requirements of the law, observing a number of established rules.
Reasons
The sale of a low-quality product by the seller gives the consumer the right to contact the retail outlet with a complaint. If the complaint remains unanswered or is negative, then the buyer whose rights have been violated can appeal to Rospotrebnadzor or the court.
Claim for a purchase without defects
The buyer has the right to exchange a quality product or return money for it if it is not in PP 55. In accordance with Article 25 of the Law “On Protection of Consumer Rights”, this can be done within 14 days on the basis of non-compliance with expectations (the color did not match, etc.) .d.).
However, if the seller did not cooperate, then the buyer, whose rights were violated, has the right to apply to the court with a claim to replace the goods of proper quality.
How to make a request?
Chapter 12 of the Civil Procedure Code of the Russian Federation establishes the rules for drawing up a statement of claim.
Set form
The form of drawing up the document is covered in Article 131 of the Civil Procedure Code, according to this norm:
- The name of the court to which the application is submitted along with a package of documents is indicated.
- Full name of the plaintiff. The place of his residence and registration is indicated. If the person is a legal entity, the location of the office is indicated.
- Full name of the defendant, his place of residence. If the defendant is a legal entity, the location of the organization.
- Contacts where you can contact the plaintiff.
- Fact of purchase: “By me, _____g. The product was purchased _____ in the store____ for ____ rubles.”
- It is indicated what is the reason for the violation of the plaintiff’s rights: “The product cannot be used for its intended purpose because the following defects were discovered:_____.”
- Circumstances based on which the plaintiff makes his claims. This also includes evidence (examination results, witnesses).
- The value of the claim, if any, can be assessed.
- The fact that it was mentioned that the pre-trial procedure was followed, which means that a claim was filed against the defendant.
- The list of documents that is attached to the application is indicated.
- The date of compilation and the signature of the plaintiff are indicated in decryption.
We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:
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What products can you demand money for?
The plaintiff's claims are based on Article 18 of the Law “On Protection of Consumer Rights”. The citizen demands that the product be replaced, its purchase price reduced, or the money returned in exchange. If a defective product in any way caused losses, the plaintiff indicates demands for compensation.
For example: A citizen turned on a faulty iron. The wiring caught fire due to overvoltage. The plaintiff was forced to call a specialist. The wiring was partially damaged.
Attention! The plaintiff has the right to demand compensation for moral damage on the basis of Article 151 of the Civil Code.
Poor quality or defective
In the reasoning part, you need to refer to Article 13 of the Law “On the Protection of Consumer Rights”, which states that for violation of consumer rights the seller bears responsibility, which is provided for by law or contract.
In the pleading part, the plaintiff asks the defendant to return the money for the purchased goods in full. If there are grounds to demand compensation for moral damage, its amount must also be specified. It is necessary to register damages for legal expenses.
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Undelivered
The reasoning part makes reference to paragraph 1 of Article 23.1 of the PZPP, which talks about the conditions for the transfer and the timing of the transfer of the goods to the buyer. If there has been a violation of the contract, the author of the application concludes that he can demand money.
The amount of the penalty, which is accrued per day from the moment when, according to the contract, the goods must be delivered. A penalty may also be charged for violation of deadlines.
We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:
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When drawing up a claim, you need to refer to Article 21 of the Federal Law “On the Protection of Consumer Rights”, according to which the seller must replace goods of inadequate quality within seven days if a defect is discovered.
In the petition part, you need to indicate the amount of moral damage caused, as well as voice the requirement to exchange low-quality goods for products of proper quality. A demand may also be made to collect a penalty for late waiting for the requirement to be fulfilled in the amount of 1% for each subsequent day.
In what cases can you go to court?
The Law “On ZPP” deals with both the replacement of low-quality goods and the exchange of goods of good quality. In any of the cases, the situation may lead to litigation.
If the quality is ok
You should refer to Art. 25 of the above-mentioned Law, which determines the conditions for the exchange of quality items related to non-food products. They are:
- Reasons for replacement: what was purchased did not fit in shape, size, configuration, style, and so on.
A simple example: a woman bought winter shoes for her child. The son was not present in the store. At home, after trying it on, my mother realized that she should have taken the boots a size larger. The product does not fit in size, therefore, there is reason to replace it. - Term. Quality products can be exchanged within 14 days. The day of its acquisition is not included in this period. The legislator provides a sufficient amount of time so that the buyer can take a good look at the product, evaluate its properties and, if necessary, make a decision on exchange.
- The purchased item must retain its presentation in order to be exchanged. That is, have tags without looking like they were used.
It is advisable to present the receipt to the seller. But if it’s not there, it’s okay. You can refer to the testimony of witnesses. The absence of a document confirming payment is not a basis for refusal to satisfy the consumer's requirements.
Attention: in 1998, the Government of the Russian Federation approved a list of non-food products that are not subject to exchange or return if their quality is normal.
These are, in particular:
- personal hygiene items;
- cosmetics;
- household chemicals;
- furniture and cars.
Thus, there is a basis to go to court to replace a quality product if all of the listed features occur . Otherwise, you can file a claim, but you should not count on satisfaction of the requirements.
If the product is of poor quality
According to Art. Art. 18, 21 of the Law “On ZPP”, a buyer who discovers some shortcomings in the purchased item can:
- Demand that the product be replaced with a similar one or a different brand - with a recalculation of the cost.
- Return what you purchased and demand from the seller a refund of the amount of money paid for low-quality products.
It is important to know that technically complex goods can be returned only under one of the following conditions:
- the defect is not significant and it was discovered within the first 15 days from the date of purchase of the goods;
- a defect discovered after 15 days is significant;
- the conditions for repairing the goods have been violated;
- The buyer does not have the opportunity to use the purchased product for a total of 30 days during each year.
As noted above, it makes sense to file a claim for the exchange of substandard products only after the out-of-court procedure for resolving the conflict has been followed .
Package of documents
The following documents must be attached to the statement of claim:
- A photocopy of the claim that was previously sent to the seller demanding an exchange of goods or a refund. Its presence is evidence of an attempt at pre-trial settlement.
- Papers that evidence the purchase. These are cash receipts and/or sales receipts.
- If an examination was carried out to identify defects in the product, an expert’s opinion must be attached.
- Do not forget that the statement of claim must be filed after paying the state fee (if the amount of the claim exceeds 1 million rubles). Therefore, the receipt form should also be in the package of documents.
Proper documentation of the return procedure is the key to success. Find out whether it is possible to return a product without a receipt, packaging and tags, whether you need a passport for this, and also how to return a quality purchase without specifying the reasons.
How to correctly write an application for a refund?
An application for a refund must be submitted in writing. The text is compiled in free form according to the following algorithm:
- The citizen provides information that allows identification of the client and the seller. The “header” contains the name of the store, its address, the client’s full name, his place of residence and telephone number.
- The main part of the appeal states when the purchase and sale agreement was concluded, what goods were purchased, how much the buyer paid and in what way, for what reasons the client wants to terminate the transaction and return the money.
- The petition part formulates the buyer’s specific demand for a refund.
The application must be accompanied by a guarantee card and a receipt for payment. If a written contract was concluded, a copy of it must be given to the seller.
We must remember! Funds for goods paid for by credit card are returned by non-cash method. If the payment was made in cash, the money is issued according to the debit order.
Submission procedure
When filing a claim, you need to pay attention to the following nuances.
Court
The authority where the package of documents will be submitted is selected depending on the cost of the claim. If the cost of the purchased goods, and therefore the amount of the claim, is less than 50,000 rubles, then the consumer applies to the magistrate’s court. If the cost is higher, then to the regional one.
The definition of territorial jurisdiction is also important. The plaintiff has the right to decide which judicial body is best for him to appeal to. He can choose them according to the location of his place of residence, the residence of the defendant, or the place where the transaction was concluded in accordance with Article 17 of the Law “On Protection of Consumer Rights”.
Is there a state fee?
In accordance with paragraph 3 of Article 333.36 of the Tax Code of the Russian Federation, the state duty on the amount of the claim will be paid only when it exceeds 1,000,000 rubles. In other situations, the filing is not subject to duty, in accordance with paragraph 3 of Article 17 of the Law of the Russian Federation.
Methods
- It is preferable to submit documents in person. To do this, you need to appear at the office of the court of your choice.
- There is an option to send a package of documents by mail. You must use registered mail with notification.
- If you do not have time to appear in court, you can issue a power of attorney to your representative.
- The document may be submitted electronically. But this method can only be used if you have a ready-made electronic digital signature.
Deadlines
As a rule, the general limitation period in accordance with Article 196 of the Civil Code is 3 calendar years.
How to apply for a refund?
An application for a refund is submitted to a store employee, who must accept and register it. A mark indicating receipt of the request is placed on the client's copy. 10 days after submitting the application, the money must be returned to the buyer.
Documents can be sent to the store by mail. To track the receipt of correspondence, you should issue a registered letter, which is subsequently tracked by mail ID.
Many stores invite customers to apply for a return through a feedback form on the official website. This allows you to speed up the refund procedure.
