Refunds for defective goods within the warranty period. How to return the money under the guarantee During the guarantee, the goods broke down what to do

According to Russian law, in particular, the Law "On Protection of Consumer Rights" (hereinafter referred to as the LTPP), the consumer has the right to return the purchased item during the warranty period if it turned out to be of poor quality or does not meet the described characteristics. You can also exchange within 14 days, provided that the shape, color, size does not fit. As part of the article, we will consider how to do it correctly.

Table of contents:

General information about the return of goods under warranty

The warranty period is the period of time during which the buyer has the right to claim the seller about the defect of the purchased goods. The period is counted from the moment the item was purchased, excluding the day of sale. If the date of purchase is not known, then the warranty is calculated from the date of manufacture. There are situations when this period is not indicated at all by either the manufacturer or the seller. Then, according to Article 477 of the Civil Code of the Russian Federation, it is two years.

In accordance with the established bills, before returning the product back to the store, you should make sure that:

• the defect was discovered during the warranty period or up to two years from the date of purchase (according to the first paragraph of article 19 of the RFP);
• the defect arose through no fault of the consumer (due to inappropriate operating rules), and also contradicts proper subsequent use;
• there is a check, a warranty card or other documents indicating the purchase of this product.

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However, upon purchase, the return period is 15 days, except in certain cases. Such goods are:

The entire list can be seen in the list approved by the Government of the Russian Federation.

Requirements for the seller when returning the goods

In accordance with the first paragraph of article 18 of the RFP, if defects are discovered, the consumer has the right to demand:

1. replace the defective product with an identical product of the same brand and model;
2. exchange for goods of another manufacturer and brand with recalculation of the purchase amount;
3. significantly reduce the price of the goods;
4. fix all defects for free or pay cash to eliminate them;
5. return the item for a refund full cost purchases.

And also the buyer has the right to demand compensation for the damage caused by the sale of low-quality goods. Losses must be compensated within the period established by applicable law.

Return procedure

After making sure that all conditions comply with the provisions listed in the law, you can safely claim the right to return or exchange. In this case, it is better to follow the following procedure:

1. It is necessary to determine the requirements, that is, whether it will be a refund of the full cost of the goods, reimbursement of repair costs or an exchange.
2. Next you need. It should contain the following information:
   • The name of the person to whom the complaint is being made;
   • from whom the claim is made (indicate phone number, address);
   • name, characteristics of the goods;
   • when, under what circumstances, a malfunction was detected;
   • what is the defect;
   • requirements for the seller;
   • copies of the receipt, receipt for the purchase of this product;
   • photo of identified deficiencies;
   • date, signature.

   A document is drawn up in two copies: one is handed over to the defendant, the second remains in the hands of the applicant with the date and signature of the person who accepted the application.

3. Then the complaint is presented to the seller or manager, or at a certain service center to eliminate deficiencies.
4. The guilty party is obliged to return the funds on demand immediately, or after conducting an independent to prove the innocence of the consumer. You need to pay back the money within 10 days, and for each overdue - 1% of the purchase amount.

Often there are situations of refusal both to conduct a study to identify the cause, and to return the money. However, the buyer may be offered a quality check by store employees (the results of which can be called into question), as well as an examination at his own expense. In such cases, it is necessary to independently contact an expert organization for an independent verification.

When documentary evidence of the presence of manufacturing defects is ready, the claim is made a second time, indicating the costs spent on research. If the expert opinion is on the side of the buyer, as a rule, the requirements are fully satisfied. At the same time, the costs of the examination are reimbursed to the consumer in full, in accordance with article 18 of the RFP.

If, in this case, it is not possible to achieve a positive result, it is necessary to apply to the court with a statement of claim. It must be drawn up correctly, indicating all the necessary information and describing the circumstances of the discovery of flaws. In this case, it is necessary to refer to the current legislation, thereby justifying violations of consumer rights. It should be noted that attempts to pre-trial conflict resolution were present, but were rejected.

Do not forget that if a claim is filed, the defendant, in addition to the initial requirements, is charged with a penalty for failure to fulfill obligations within the established time limits. You can also claim about . In this case, the amount of compensation may differ significantly from the amount of the claim. In such cases, the court exempts the plaintiff from paying the state duty.

Based on the foregoing, we can conclude that anyone can purchase low-quality goods, in any store and in any department, be it clothes or Appliances. In order to declare the violated rights in time, it is necessary to keep checks, warranty cards, payment receipts. It is also necessary to know the rights and obligations of the consumer and the seller in order to protect yourself from fraud.

First of all, you should contact the seller. Despite the fact that the seller is not obliged to satisfy the requirements of the consumer after the warranty period has expired, until the consumer proves that the existing shortcomings are of a manufacturing nature, it is possible that the defect identified by you is already familiar to the seller and the seller will satisfy your requirements without an examination. If contacting the seller did not lead to a satisfying result, follow the instructions below.

If you did everything right, you have an act of an authoritative expert organization confirming the presence of a manufacturing defect, then at this stage in the vast majority of cases your requirements are satisfied, if they are not satisfied, we proceed to the most difficult, but also to the most profitable stage - we go to court.

3. If, despite the fact that you have done all of the above, your legal requirements are still ignored, you must go to court, although this takes some time and requires some effort, it is beneficial, since the court will no longer talk only about those requirements that you made earlier, but the penalty will increase every day (see Article 23 of the Law "On Protection of Consumer Rights") plus, you can receive compensation for moral damage we know of cases where the amount received by the consumer as compensation for non-pecuniary damage significantly exceeded the amount of the claim).

To go to court, it is necessary to draw up and submit a statement of claim to the court, the consumer does not pay a fee for going to court, the consumer also chooses the court himself (see Article 17 of the Law "On Protection of Consumer Rights"). Claims up to 50,000 rubles are considered by justices of the peace, over 50,000 rubles - by district judges.

In the event of a defect in the product, the question of its return arises. The warranty period suggests this possibility, but there are certain nuances that you should be aware of. A defect in a product may not be detected immediately; it is not uncommon for a defect to make itself felt only under certain conditions. Therefore, it is necessary to know the basic provisions that regulate the legal basis for the return and exchange of defective goods under warranty.

Return of goods within the warranty period - Consumer Protection Law

In case of conflict situations with the purchase, you should contact. prescribes the following actions in the event that a product under warranty is found to be defective:

• replacement of products with an analogue of the appropriate quality;
• exchange for a similar model, in this case, you will need to recalculate;
• the ability to reduce the cost of goods depending on the defect;
• the customer can demand free and urgent troubleshooting within the warranty period;
• the consumer can also completely refuse the purchase by returning the purchase.

It should be borne in mind that quality defects are taken into account only if they were not indicated by the seller at the time of purchase. That is, if the client was notified of the marriage and purchased the product, then he cannot make any claims.

It is also taken into account that if the quality guarantee does not apply to individual components, but they already had defects before the product was handed over to the buyer, the purchase can be returned according to the general rules.

Details on the return policy for goods (under consumer protection law) are available.

The procedure and rules for the return and exchange of goods with warranty periods

Detection of defects in products implies a certain procedure for its return. The first thing to remember is not under any circumstances to carry out the elimination of defects yourself or through dubious services. It is allowed to repair under warranty at its own expense, so that later the seller or manufacturer will compensate for the loss caused by the purchase.

During the warranty period, the customer may submit a claim to quality orally. However, it is recommended to send a written version. To do this, an application is made in two copies. One of them with a note of acceptance for consideration remains with the applicant. The document indicates the defect, its properties. The description should be as complete as possible, but without frills.

The conditions for returning goods within the warranty period imply two grounds on which a claim can be filed:

• when a lack of prefabrication interferes with the normal use of the product;
• if the product does not meet state standards or declared technical parameters.

In the event that the defect of the goods under warranty manifested itself due to improper use by the client, storage or transportation, the purchase cannot be returned. It should be borne in mind that the return and exchange rules do not oblige the consumer to keep checks or packaging. That is, in case of their absence, the return of goods under the warranty period cannot be refused.

Return of a technically complex product under warranty within the warranty period

The rules for returning and exchanging technically complex goods are slightly different from the standard ones. This category of products includes the following list of objects:

• aircraft powered by an internal combustion engine;
• automobiles and motor vehicles, including agricultural vehicles or those intended for movement on snow;
• ships also powered by internal combustion engines or electric motors;
• navigation equipment, including touch screen mobile phones;
• computers and laptops, laser and inkjet digital equipment;
• digital TVs, photo and video cameras;
• Appliances;
• power tool;
• extended functionality wrist and pocket watches.

Return of goods of inadequate quality during the warranty period if it refers to technically complex products is carried out according to general rules within the first 15 days. Further, it can be returned only in the following cases:

• if there is a serious defect;
• violation of the maximum period provided by law for warranty repairs - 45 days;
• repairs in each year of the warranty takes a total of 30 days.

The latter aspect takes into account the multiplicity and persistence of product breakdowns. That is, if every warranty year the product is under repair for more than a month, it can be returned.

Return of goods after the expiration of the warranty period

Separately, it is necessary to consider the return of goods in the event that its warranty period has expired. Under the Consumer Protection Law, within two years, the customer can return the product. However, for this he will need to prove that the discovered marriage is of a production nature.

The examination is carried out by the consumer at his own expense. In the event that it shows that the manufacturer is at fault for the failure, the product can be returned after the warranty. In this case, the consumer will also be paid for the services of an expert. It should also be taken into account that in some cases the manufacturer may also be entitled to compensation for moral damage, if any, was incurred by the client.

Sometimes there are situations when the shortcomings of the goods are found far outside the store. After paying for the purchase, buyers discover that the purchased item does not fit in size, style, dimensions, or a defect in work is revealed.

How to return the money spent when the purchase is paid, and the marriage is discovered after some time? What is the legal deadline for returning goods to the store?

How to correctly demand the return of the money spent, based on the requirements of the law? Here are the details of returning an item.

The Law "On Protection of Consumer Rights" regulates the conditions and procedure for the exchange and return of goods upon detection of a marriage. The buyer has the full right to return the unused product, subject to certain conditions.

Is it possible to get a refund for a product that is still under warranty?

The seller is obliged to return the money if the warranty period is valid and the goods turned out to be of poor quality. At the same time, the buyer must remember that the purchased item must be used strictly for its intended purpose.

If the operating rules are not violated, then during the warranty period the thing must be in working condition.

In the event of damage or if a defect is found, contact the store. The buyer must submit the purchase and documents confirming the fact of purchase and warranty periods.

It is possible to apply without having a cash receipt on hand, but in this case it will be much more difficult to prove the fact of purchase in this particular store.

For a refund, the buyer must write a statement about the purchase of low-quality goods.

If the detection of marriage presents some difficulties, an examination may be required to confirm the presence or absence of marriage and compliance with the rules for using the goods. In this case, it will be possible to resolve the issue of exchanging the product for a similar one or refunding money during the warranty period.

The Law "On Protection of Consumer Rights" defines the procedure for returning warranty goods purchased in an online store. You can return your purchase in the same way as in a retail store. The difference lies only in the remote order of the procedure. Upon receipt of the goods in the online store, it is mandatory to check the availability of a special form, which is filled in in case of return of the goods. To make a decision on the return of funds to the seller, the law defines a period of 10 days.

How can I get my money if I return warranty products to the store?

It is unprofitable for stores to accept defective goods and return money for it, so the buyer may be offered a free repair or exchange for a similar item. Sometimes sellers simply deny the purchase of goods in their store or the shortcomings in the work of the purchased goods.

The law allows the seller to offer both free repairs and exchanges, but only if the buyer agrees. Otherwise, the merchant is obliged to accept the goods back and return the full cost of the defective goods. If the seller continues to aggressively offer repairs or exchanges, the buyer, relying on the requirements of the law, must confidently defend his rights.

Before contacting the store, you should make sure that the purchased item is included in the list of goods to be returned.

The presence of a guarantee provided by the manufacturer is proof of the right to return money in the event of a marriage. In addition to the manufacturer's warranty, many retailers offer additional warranties for a fee. The buyer should read the terms of the contract very carefully, since if the item breaks down during the additional warranty period, the conditions for its return or repair may differ from those generally accepted.

The buyer must be sure that he has not violated the rules for the operation of the goods. To do this, carefully read the instructions again. If all the rules are met, a written claim must be made.

The document should indicate the deficiencies found and submit a claim for a refund.

The claim must be made in duplicate: one for the buyer, the other for the trade organization must be certified by the seal and signature of the representative of the organization confirming the acceptance of the document.

If the store refused to accept the claim, you must send the document by registered mail with acknowledgment of receipt. This will be proof of receipt of the claim by the store. The law defines a ten-day period for its consideration and decision on the return of money. If the appeal is left unattended, you can contact Rospotrebnadzor to punish the irresponsible seller, and the issue of a refund should be resolved in court.

After the seller has received a claim, he must make sure that there is a marriage. For this, a commodity examination may be appointed. If the specialist establishes the fact of violation of the rules for the operation of the goods or other fault of the consumer, the store has the right to refuse to refund the purchase price, repair or exchange for another product.

If the buyer doubts the veracity of the expert's conclusion, he has the right to turn to independent specialists, paying for the examination on his own. If a marriage is confirmed, the store will not only have to return the money for the purchase, but also pay for the examination.

If the seller refuses to refund the cost of the defective item even after an independent examination, you should contact Rospotrebnadzor for help. To do this, you must submit documents confirming the fact of payment for the goods, warranty cards and passports, as well as a claim sent to the trade organization.

The buyer should write a statement about the violation of his rights and a request to hold unscrupulous sellers accountable.

If this measure does not bring a positive result, you need to contact the court. Then it will be possible to return not only money for a non-working thing, but also to seek compensation for moral damage.

The procedure for reimbursement of expenses when returning products that are under warranty, provided that the consumer does not have documents confirming the fact of purchase (receipt)

The procedure for returning goods to a store without a cash receipt is determined by Article 18 of the Federal Law of the Russian Federation "On the Protection of Consumer Rights".

The absence of a cash receipt from the buyer cannot be the basis for refusing to return funds for defective goods.

You can confirm the fact of purchasing goods in this particular store in several ways:

• witness's testimonies;
• availability of product packaging with information about the seller;
• payment documents - a cash receipt order or a coupon for it;
• technical passport of the product;
• product instruction manual.