How to correctly write a claim for returning goods to a store (sample)

Sample of a standard claim for a refund for a defective product

A request for a refund for a low-quality or defective product can be drawn up and written in free form , it doesn’t matter - by hand or printed on a PC.

It is desirable that the document consists of three important parts and contains all the detailed and important information:

Part 1 – descriptive

It should:

1. Indicate when and what you purchased from the seller’s company, what product.
2. Attach documents for products, receipts for the purchase of goods. Please refer to them in your description.
3. Tell in detail what defects you discovered and when, under what circumstances.
4. If you have witnesses, write them down.

Part 2 – motivational

This part states the basis for your appeal.

Please refer to the Consumer Protection Act and other laws for guidance.

Part 3 – productive

It is worth stating your requirements.

For example, write that you are asking for repairs and examination of the product, or that you want a refund for it.

Usually the claim is filed in two copies . One is given to the seller's company, the other copy remains with the consumer. In it, at the end, the person accepting it must sign and date the acceptance.

A sample standard claim is:

Stick to it when you make your claim.

Here are a few examples to make it easier to describe situations:

Example 1:

Example 2:

Example 3:

How should I file a claim?

A sample of what a claim for a defective product looks like is drawn up randomly. Due to the fact that there are a large number of controversial issues with the unified document form, there is no standard template. However, there are mandatory inserts that must be present in the claim form.

Must be:

1. Information regarding the purchasing organization. Full registration details and company name must be shown.
2. The date the document was compiled in the format, for example, 01/01/2000.
3. The basis on which a claim regarding the quality of the product is made. The details of the document must be determined, based on which the product was delivered.
4. Characteristics of low-quality products. All deficiencies and deviations that were identified during receipt of the delivered product are described in detail. The details of the discrepancy report, which are drawn up according to TORG-2, are indicated.
5. Designation of requirements is a key point that should be in every claim related to the quality of a product. The requirements for the sample should be described. This may be a replacement of products with a refund of the transferred advance money and other conditions.
6. Rule of law. This paragraph is not mandatory, but the paragraphs with the current legislation on the basis of which the claim must be drawn up must be indicated.
7. Signature of the responsible parties, for example, director and deputy or manager and chief accountant. The signatures of the participants must be certified by the seal of the organization, if any. However, this is not necessary.

Expert opinion

Mikhailov Evgeniy Alexandrovich

Teacher of civil law. Lawyer with 20 years of experience

Just making a document is not enough. It is imperative to attach the original return invoice in the TORG-2 form with the return certificate and other accompanying documents. For example, an expert opinion regarding the presence of defects and other inconsistencies under the stated conditions.

A claim for a product return must be made in two ways. The document must be registered in the journal with outgoing documentation. When transferring a documentary package, you need to require the seller to put a mark regarding receipt of the copy.

Note! There may be several copies. The law provides for the registration of as many copies as necessary. Proper assurance is important. Without it, the document cannot have official force and it will not be possible to return money, goods and other things even through court.

This is important to know: Where can you pay the state fee to obtain a passport?

Sample request for a refund for a product with a significant defect

You should use another claim form when you purchased a product with a significant defect. Such a malfunction usually occurs repeatedly - and even after the product has been repaired.

The claim is made according to the same rules as the standard one. But other important lines are added , indicating a significant defect in the product.

A sample claim is:

Follow it, and then there will be no problems with registration.

Sample request for a refund for a defective technically complex product

If problems are detected in a technically complex product, you have every right to demand a refund for the purchase.

Please use this claim form:

As you can see, the claim is filed in exactly the same way as a standard sample, according to the same rules. But in this version, the rights of consumers who have purchased a low-quality technically complex product are added, and requirements are also put forward in accordance with other articles of the Law “On the Protection of Consumer Rights”.

Remember that at the end of writing the document, leave some space for a receipt, which should be taken from the seller’s company specialist.

Reasons for writing a letter of claim

Let's find out what grounds can trigger the filing of a claim and what are the nuances of its preparation (read about how the issue of supplying low-quality goods between legal entities is resolved here).

Delivery failure

Non-delivery of goods is a situation where the supplier does not deliver the goods in accordance with the requirements of a pre-concluded contract. Either he reported the impossibility of carrying out transportation, or completely refused to fulfill his obligations.

In accordance with Article 450 of the Civil Code, the supply contract can be terminated. This can be done either on the initiative of both parties at once, or by going to court, where the buyer will be the plaintiff.

If the goods were paid in advance, in accordance with Article 395 of the Civil Code, interest can be charged for the use of other people's funds by the supplier. The interest is set at the key rate of the Bank of the Russian Federation. Interest begins to accrue on the day the goods are due to be delivered until they are fully repaid.

Article 393 of the Civil Code allows for the recovery of damages that were caused by non-delivery. They are reimbursed by the supplier to the buyer.

Short delivery

Shortage of goods is the partial absence of commodity units that must be delivered in accordance with the contract. The supplier, in accordance with Article 511 of the Civil Code, may proceed as follows. Either he compensates for the lack of products, or brings the missing goods.

The buyer retains the right to demand the return of missing goods . And the supplier is also obliged to reimburse, in accordance with Article 520, all costs incurred for the services of the new supplier. Also, in accordance with Article 450 of the Civil Code, the buyer retains the right to refuse to perform his actions under the contract, for example, to make payment.

Receipt of products of inadequate quality

A product can be characterized as poor quality in the following situations. Does not match:

1. The prescribed terms of the contract.
2. Regulatory acts or GOST requirements.
3. The goals that were set before purchasing the product.
4. The declared sample or the description provided by the supplier.

In this case, the buyer may demand a reduction in the purchase price, eliminate the defects within a specified period, or reimburse the costs of eliminating the identified defects. Also, the supplier may pay a penalty in accordance with Article 330 of the Civil Code (what are the consequences of selling low-quality products under the law?).

Products not meeting specifications

If the product does not meet the established certification, the supplier must make a replacement within the specified time frame. This requirement is contained in Article 518 of the Civil Code. The goods must be replaced with goods of proper quality.

If a replacement cannot be made for certain reasons, there are three possible scenarios.

1. The price per unit of goods decreases.
2. The buyer's expenses will be reimbursed to eliminate the defects.
3. The supplier himself eliminates any deficiencies found free of charge.

Late on deadlines

Delay in delivery of goods is a failure to comply with the deadlines that were originally agreed upon in the contract. The buyer retains the right to terminate the contract by agreement of the parties, but only if they have no claims against each other.

If the supplier improperly fulfilled its obligations, then the buyer has the right to make demands on him for the need to pay a penalty in the form of penalties and fines in accordance with Article 34 of Federal Law No. 44.

For untimely delivery of goods, a penalty of 0.5% of the total delivery amount is charged for each subsequent day. Accrual begins from the moment when the products should be delivered, however, in reality they are not.

Violation of conditions regarding completeness, packaging, assortment

Sometimes the delivery agreement stipulates that the goods must be transferred to the buyer in accordance with the established configuration. If the supplier violated the terms of completeness, this will entail appropriate consequences. The buyer has the right to demand from the supplier a reduction in the purchase price or to complete the purchased goods.

A reasonable period of time is given to complete these actions. If the parties cannot meet the deadline within a reasonable period of 7 days (Article 314 of the Civil Code), then the buyer has the right to demand a refund of the amount paid for the goods or refuse to fulfill the requirements of the contract in accordance with Article 480 of the Civil Code.

Sample claim for exchange of low-quality goods without a refund for it

A citizen who has purchased a defective or defective product may ask to exchange it for the same one. To do this, you should verbally contact the company where you purchased the product - and then, if they refuse to replace it, write a statement .

The claim is made in the following format:

The motivating part and the applicant's requirements change.

At the end, be sure to take a receipt from the person accepting the application.

Please remember that replacement of goods can be made immediately after contacting.

Rules for writing a complaint

In order for the claim to be accepted and your requirements to be satisfied by the counterparty, it must contain the following points:

• numbering and date of document execution;
• details of the organization against which the claim is being made;
• the name of the document (in our case this will be the word Claim);
• description of requirements - here the essence of the problem is indicated, the number of documentation that accompanied the cargo and the immediate reason for returning the goods;
• references to clauses of the contract and norms of law that were violated;
• name of the item being returned;
• quantity;
• evidence base;
• the amount that the claimant expects (in our case this will be the organization - the seller);
• attachment of all necessary documents to the claim.

A complaint is made on the letterhead of a legal entity or organization indicating its details. Two identical copies are made. One for the supplier of low-quality goods, the other is left to you.

If your claim is denied, you must receive a written response. And with all the documents go to the arbitration court. If you do not have a legal service or at least a separate lawyer, contact the specialists of our website. Consultations for both individuals and legal entities are absolutely free.

Sample application-complaint for warranty repair of low-quality goods

If the product has a warranty, the citizen can count on free repairs.

It is better to contact the service center with a written statement of complaint, then the issue will be resolved faster.

A sample complaint statement is as follows:

As you understand, you can change the statement depending on the situation. The requirements should be put forward those that must be fulfilled by the manufacturer - or the company selling the product.

For example, you have the right to demand not only that warranty repairs be made, but also that you be given a replacement product with the same technical parameters.

Usually a receipt confirming receipt of the application.

In addition, the claim must be submitted in two copies , do not forget!