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Published: 10/26/2018
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If the Law “On the Protection of Consumer Rights” applies in relations between sellers and individual buyers, then in similar disputes between legal entities one should rely on the Civil Code of the Russian Federation, namely its thirtieth chapter.
- How long does it take to file a claim regarding product quality?
- Rules for filing and filing a claim
To return a product, the buyer must rely on one of the following grounds:
- the product was delivered of inadequate quality : defects, defects, malfunctions, shortages;
- terms of the contract were violated;
- the item is a consignment item.
In accordance with Article No. 475 of the Civil Code of the Russian Federation, if defects are detected in the goods, the buyer has the right:
- demand a proportionate reduction in price;
- demand free elimination of defects;
- demand reimbursement of your own funds spent on eliminating deficiencies.
And if there are significant defects in the product, the buyer can:
- require a replacement product;
- refuse to fulfill the contract and demand a refund.
Reasons for drawing up
Law No. 2300-1 provides for the possibility of exchange or return of both high-quality and low-quality goods (Article 18, Article 25 of Law No. 2300-1). A product in which one or more defects were found is considered to be of poor quality, which is the basis for filing a claim with the seller or manufacturer regarding the quality of the purchase.
A defect means any non-conformity of the product:
- requirements established at the legislative level;
- the terms of the purchase and sale agreement concluded between the seller and the consumer;
- the purpose for which it is intended;
- goals that were voiced by the consumer in the process of selecting the required product by the seller;
- the stated description or properties about which information was provided to the consumer at the time of purchase.
To recognize a product as being of poor quality, the presence of one of the above defects is sufficient.
A significant defect is a defect in a product due to which it cannot be used for its intended purpose, the defect cannot be eliminated, or it appears again after its elimination, while the consumer cannot take advantage of all the properties of the product due to the manifestation of a particular defect (Regulation of 06/28/2012 No. 17).
If the product has any defect, the consumer receives a useless purchase , since he cannot fully use the product for its intended purpose. To protect his rights, first of all, he can make a claim regarding the quality of the goods to the seller.
How to write?
If, after purchasing a product, a consumer discovers any defect or non-compliance with the characteristics declared by the manufacturer, then he has the right to send a letter of claim to the seller.
Contents of the document
There is no unified claim form . The appeal is made in simple written form, but the application must contain the following information:
- addressee data (name and location of the organization, full name of the head);
- applicant details (full name, address, contact phone number);
- name of the document (“claim”, since the consumer’s right to purchase quality products has been violated);
- information about the purchased product (name, brand, characteristics, price, etc.);
- the essence of the appeal (in the main part it is necessary to indicate the details of the transaction, when the product was purchased, what information was provided by the seller, what defects were discovered and under what circumstances);
- requirements put forward by the consumer in accordance with Art. 18 Law No. 2300-1;
- the buyer’s intention to go to court to further resolve the conflict if the appeal is not considered or the applicant’s requirements specified in it are illegally denied (this paragraph should not contain threats, but should only indicate the next stage of action);
- date of filing the claim;
- applicant's signature;
- list of additional documents attached to the claim.
We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:
+7 (499) 938-90-37 Moscow+7 (812) 467-37-23 St. Petersburg
The list of additional documents may include:
- sales or cash receipt;
- product passport and warranty card;
- act of acceptance and transfer;
- expert opinion confirming existing defects.
If a third party contacts the seller, then the actions must be performed on the basis of a notarized power of attorney, a copy of which is included in the list of attached documents.
All documents are provided in the form of copies; the originals must remain in the hands of the buyer, as they may be required in the event of further consideration of the dispute in court.
The claim must be made in writing in two copies. The second copy may be a copy of the original. Initially, both documents are transferred to the seller, after which one copy is returned to the applicant with a mark of acceptance of the application. The buyer’s copy must indicate the date the addressee received the claim and the details (full name, position) of the person responsible for receiving the complaint.
What requirements can you specify?
When making claims in the event of purchasing goods of inadequate quality, the applicant must refer to the legislative provisions of Art. 18 of Law No. 2300-1. So, if information about the existing defects of the product was not announced to the buyer, then he has the right to demand from the seller:
- exchange the defective product for exactly the same one, but of proper quality;
- exchange a low-quality product for a similar one with the same characteristics, but from a different manufacturer (if necessary, recalculating the purchase price);
- reduce the cost of the product commensurate with the existing defect;
- eliminate defects at his expense or reimburse financial expenses if they are eliminated independently;
- terminate the transaction and return the money spent on the purchase of a low-quality product.
The consumer has the right to put forward demands for full compensation for losses that he incurred in connection with the purchase of low-quality products (Clause 1 of Article 18 of Law No. 2300-1).
The complaint must indicate only one of the possible requirements so that the seller does not have a formal reason for extending the deadline for making a decision on the appeal. Since the demand must be justified, it would not be superfluous to refer to Art. 18 of Law No. 2300-1 in the text of the claim.
The seller or manufacturer is obliged to accept back the defective product and, if necessary, check its quality. If a dispute arises between the parties regarding existing defects, the seller can send the goods for examination to confirm the presence and cause of certain defects.
Features of drafting by a legal entity
Disputes arising over the quality of goods between legal entities do not fall under the scope of Law No. 2300-1. If the buyer is a legal entity, then the return and exchange of goods is carried out taking into account the norms of the Civil Code of the Russian Federation. If you purchase a product of inadequate quality, a legal entity can return it by sending a claim to the supplier company.
The buyer has the right to make a claim only if the seller did not warn him about the existing defects. The claim is drawn up on the organization’s letterhead indicating the full details of the legal entity.
The document may indicate one of the requirements (exchange, return, price reduction, reimbursement of costs for eliminating the defect) in accordance with clause 1 of Art. 503 Civil Code of the Russian Federation.
To prove that the defect in the product was not the fault of the buyer, before filing a claim it will be necessary to conduct an examination, the report of which is attached to the written appeal. If a defect was discovered during acceptance of the goods, then the buyer draws up an act in which he indicates all the detected defects, since until the moment of acceptance the goods are the property of the seller (with the exception of the goods being transported to their destination at the conclusion of the transaction).
The claim is supported by the following documents:
- copies of payment documentation;
- the act that serves as the basis for filing a claim;
- return note;
- expert report.
We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:
+7 (499) 938-90-37 Moscow+7 (812) 467-37-23 St. Petersburg
If the claim procedure for resolving the dispute does not produce results, the buyer has the right to file a claim in court.
Read more about how the issue of supplying low-quality goods between legal entities is resolved here.
What is the difference between a claim to a supplier and a claim from a consumer?
There are legal relations between supplier-customer and consumer-seller. These are somewhat similar and somewhat different concepts. The regulation of such relations is also based on various legislative acts. The supplier is a person (individual or legal) who, in accordance with the concluded contract, supplies the goods purchased by the customer.
Payment for it is also made strictly within the framework of the contract. The customer is not a consumer. He only purchases goods for certain purposes (commercial and non-commercial). There is a lot of discussion about these concepts. The similar elements here are that the supplier is essentially the seller, and the customer is the consumer. But many experts differentiate these definitions, since the customer cannot always be a consumer (only of some services).
There is no supplier-consumer relationship. Here you should refer to the norms of Federal Law No. 234-FZ. The consumer, who is also the buyer, can also file a complaint (claim) with the seller. The time frame for consideration of such a complaint does not change. The procedure for writing a claim, attaching additional papers or evidence also does not change.
Methods and terms of presentation
You can submit a claim during a personal visit to the trading organization where the defective product was purchased. Any employee who has the authority to do so (seller, administrator, lawyer, etc.) can accept the request.
If the seller refuses to accept the claim or the buyer is unable to personally deliver it to the addressee, then the document can be sent by registered mail with return receipt requested.
In order for the consumer to have confirmation that the letter contains a claim about the quality of the product, and not a blank sheet, it is necessary to select a postal item with a description of the attachment. All postal receipts, as well as the return receipt, must be retained and will be required if the dispute ends up in court.
A claim regarding the quality of the goods with the requirements specified in Art. 18 of Law No. 2300-1, the consumer can send to the seller during the warranty period or shelf life of the product. If the warranty period is not established, then the consumer can make demands within two years from the date of receipt of the goods (Clause 1, Article 19 of Law No. 2300-1).
If a product was purchased that is included in the list of technically complex ones (Resolution No. 924 dated November 10, 2011), then the claim is accepted within 15 days from the date of receipt of the goods. Appeal after this period is possible only if a significant defect was discovered in the product, the seller violated the deadline for eliminating the defect, or the product is not subject to long-term use due to the constant manifestation of a defect (clause 1 of Article 18).
Purchasing a low-quality product with hidden or obvious defects can cause harm to the health or property of the consumer. The modern legislative framework describes the obligations assigned to the seller and the rights of the buyer in such a situation. Read our articles about the consequences of selling low-quality products under the law, as well as the norms of the Civil Code of the Russian Federation regarding trade turnover between legal entities.
Consumer rights when identifying a defect in an item sold to him
If a hidden defect is discovered, the buyer is entitled to the rights specified in Article 18 of Law No. 2300-1. These include:
- Replacement of goods with an analogue.
- Replacement with the same type of product, but a different brand or model. In this case, the cost is recalculated.
- Reducing the purchase price.
- Free repairs at the seller's expense or compensation for the buyer's costs to eliminate defects.
- Refusal to execute the purchase and sale agreement. In such cases, the goods are returned at the seller's expense.
We have provided more information about what a buyer can demand in case of purchasing a low-quality product here.
In relation to technically complex goods, the list of which is approved by Decree of the Government of the Russian Federation of November 10, 2011 No. 924, claims can be made within fifteen days from the date of receipt of the purchase. After the specified period, claims can be made if significant deficiencies are discovered.
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” defines the characteristics of such defects:
- The marriage cannot be eliminated.
- Repairs require significant financial investments, the amount of which is as close as possible to or exceeds the purchase price.
- The defect cannot be corrected within a reasonable time. Usually it is 45 days. The parties can determine the term themselves.
- Breakdowns occur constantly, despite repairs.
You can also make claims in relation to technically complex products in case of violation of repair deadlines, or inability to use the product during each year of the warranty period for a total of more than 30 days due to repeated elimination of its various defects.
