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Money back guarantee. Refunds for defective goods within the warranty period

Reading time: 5 min

When buying an expensive item with a long warranty period, the buyer expects a trouble-free use of the item.

Is it possible to return the money when returning the goods under warranty, what regulatory act regulates this right, in what terms is it permissible?

Consumer right

Guarantee period- this is the period during which the manufacturer or seller promises that the durable product will serve properly, and in the event of a malfunction, they will be responsible for this.

Establishing a warranty period is not an obligation, but the right of the manufacturer. In the event that such a period is not established by the manufacturer, the selling company has the right to determine the warranty period on its own.

Often the seller, on his own initiative, increases the warranty period specified by the manufacturer if the product has proven itself to be of good quality. During all this time, the client has the right to return the thing that turned out to be defective by presenting such a requirement.

Art. 5 ZOZPP RF;
Art. 18 ZOZPP RF;
Art. 476 of the Civil Code of the Russian Federation.

Based on paragraph 1 of Art. 19 RF POZPP, in the absence of a specified warranty period, the buyer may demand his money back for not quite quality goods within 2 years after the date of purchase.

But the buyer does not hurt to remember: a refund is not always possible. It will not be possible to claim funds in such cases:

defects in the purchased item are the result of improper use, storage or transportation of the item by the user, i.e. the seller is not to blame for the malfunction of the item;
warranty has expired.

Simple durable goods of poor quality should be taken back and refunded without any delay.

If the warranty product belongs to the category of technically complex, then if shortcomings are identified in it, you can hand over a low-quality item within 15 days after the date of purchase.

Later, a technically complex purchase can be returned and withdrawn under the following conditions:

deficiencies are significant;
repairs were made repeatedly, and each time the breakdowns manifested themselves in different ways, occurring frequently.

It is important to understand that the item under warranty should not be tried to fix the flaws with your own hands: only service centers are entitled to repair.
Having handed over the warranty item for repair, the buyer must not let this matter take its course: the period for correcting defects should not exceed 45 days, otherwise the buyer will not be able to return the money.

If a dispute arises between the seller and the buyer about the causes of malfunctions of the goods, then the expert will become the arbitrator.

In paragraph 2, clause 6 of the RF POZPP, it is said that it is the seller (or manufacturer) who is responsible for problems with the quality of the goods, if he does not prove that the malfunctions, defects formed after the buyer received the item.

This means that it is the selling party that is obliged to prove the reason for the defects in the goods, for which a technical expertise is appointed.

The buyer, confident in the presence of a factory defect, can order an examination at his own expense, and if the expert opinion indicates that the cause of the malfunction of the item lies in the actions of the manufacturer, then the money will be returned not only for the item inadequate quality but also for the services of experts.

The buyer who failed to find the check is not deprived of the right to demand what he is entitled to by law - the fact of the purchase can be confirmed by witnesses, in extreme cases, the court will help to establish this fact.

The store cannot base a refusal on the fact that the packaging is missing or damaged; for a product returned under warranty, the integrity of the packaging is not important.

We invite you to familiarize yourself with the following materials: about refund , .

Return procedure

The consumer who is under warranty can return the purchased item and at the same time take his money if he follows the following procedure:

prepare documents - a check, a guarantee passport, your passport;
come to the store and explain the situation, and if the seller does not mind, write a statement;
if the seller does not intend to issue a return, then you need to make a claim in 2 copies. and send one of them to the seller by mail or hand in personally;
return the goods to the store, not forgetting to pick up the act of transfer of the thing;
within 10 days from the date of receipt of the claim, the seller is obliged to contact and announce his agreement to return the money immediately, or the appointment of an examination;
wait for the expert opinion (if desired, the buyer has the right to be present during the inspection);
on the basis of an expert opinion, receive money in cash or on a bank card in due time.

If the return of money is refused illegally, then the consumer needs to complain to Rospotrebnadzor or file a lawsuit.

Timing

The seller is obliged to return the money within 10 days, counting from the date of presentation of such a demand by the buyer (Article 22 of the RF LOZPP).

Useful video

In the next video, we suggest you see what to do if the product fails during warranty period.

Conclusion

If the thing has deteriorated before the end of the warranty period, then the consumer can return such goods to the seller and collect their funds.

You will have to make some efforts - contact the store with a written application, and if the dialogue does not work out, then do not give up, but file a claim - the law is on the consumer's side.

Our readers would like to know from real buyers themselves whether it is so easy to take money for a purchase item that is still under warranty.

Comment on this topic, tell us all what to do, so that you can probably return the expensive equipment back and get your money back.

The quality of any product must meet the requirements for it. regulations for its safe and normal operation, therefore, the manufacturer's warranty for the manufactured products confirms its compliance with the requirements of GOST, the standard.
The possibility of providing a guarantee by the seller for the goods being sold is not excluded, then he is responsible. In any case, the persons giving guarantees are obliged to comply with the provisions of the law.

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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The consumer has the right

The main document regulating the relationship in transactions for the sale of consumer goods is the Federal Law "On the Protection of Consumer Rights", introduced in February 1992 by the State Duma under the number 2300-1. He governs commercial activity in the field retail providing services to consumers. It enshrined the rights of consumers to purchase a product with certain properties, to inform sellers and manufacturers of its shortcomings. It defines ways, methods of realization of consumer rights.

The concept of a guarantee, the allotted period for it, the conditions for returning goods are explained in the provisions of the law that protects the rights of consumers in article 19. According to his instructions, any consumer is entitled to the return of goods that have a certain period of time.

The return process has several options, which include:

implementation of the exchange;
reduction in initial cost;
elimination of identified defects;
return of paid Money.

The buyer chooses in accordance with his desire any option suitable for him. Trade rules are based on the above-mentioned law in the latest edition, the Civil Code, and separate regulatory legal acts. them in without fail you need to have at the points where the sale of goods takes place.

Guarantee period

In some cases, knowledge, a clear presentation of regulatory, legal acts on the return of warranty goods by sellers, buyers contributes to a significant reduction in costs, time to resolve the issue.

As noted above, the buyer's rights when returning goods under warranty are enshrined in the law "On Protection of Consumer Rights", in article 475 Civil Code RF. In particular, they say that claims are made in relation to the defects of the goods found during the warranty period.

If they are not established, then claims can be made within two years from the date when the goods were purchased by the consumer.

In addition, the civil law code notes that the warranty period is provided in order to compensate the consumer for the purchase of goods that have any flaws and defects. It is counted from the date of sale of the goods, regardless of its release.

If the consumer has bought a low-quality product that cannot be used for its intended purpose, then he is entitled to demand from the seller to immediately eliminate its defects. Moreover, he can insist on holding independent expertise at the expense of the seller upon its return, and in return provide him with another for temporary use while the purchased goods are being repaired. The warranty period for the product is extended taking into account the period of time spent on the repair.

Return conditions

The claim statement is considered within 10 days counted from the date of its receipt by the seller. If he decides to accept the goods back with the subsequent payment of the money paid for it, then the seller makes payments within three days.

Otherwise, after the expiration of the payment period, for each overdue day, he is obliged to pay the consumer a penalty, the amount of which is 1% of the value of the goods.

If desired, the returned product can be replaced with another one if there is a guarantee.

The buyer has the right to demand from the seller:

to restore the goods, eliminating the detected defects;
return the money that was paid for the product with a warranty period;
refund the cost repair work the organization that produces it;
replace with a similar product of the appropriate quality;
exchange for a similar product, but a different model with the recalculation of the cost;
reduce the cost in proportion to the complexity of the defect;

The seller must comply with the requirements of the consumer in accordance with the provisions of legal acts. In this case, he pays the costs for the return shipping of the goods. He does not have the right to impose another product on the buyer, the cost of which is several times higher than the returned one, to set any conditions. Upon return, the seller draws up an act, where he notes the acceptance of the goods back.

Mechanism

In the procedure for the return of goods under warranty, the basis is a sales receipt, cash receipt, warranty card, because the seller can accept the goods solely on the basis of payment documents. In extreme cases, if the check is lost, then the testimony of witnesses who were present at the purchase is counted, but in this situation, the warranty card must be available. From personal documents, you need to present a passport proving your identity.

The seller draws up an acceptance certificate or an invoice on the procedure for returning the goods by the buyer, which is signed by the parties.

It contains information about the full name of the seller, the personal data of the buyer, the name of the product, the date of the purchase, the amount of the returned amount.

When issuing a power of attorney, it is allowed to return the goods to a third party who receives the money. Often this option is used when returning unsuitable, defective goods under warranty by organizations. In some cases, it is made supplementary agreement between the seller and the buyer, if the goods are bought legal entity. It lists the conditions and terms of the sale, the circumstances of the return.

special group

These include:

cars of all types;
Appliances;
office equipment, including computers.

Their return is carried out according to separate rules, because they have a specific warranty period, during which any seller must accept the return.

Defects of these goods are divided into types:

ordinary, when they are removable as a result of repair;
fatal, the repair of which does not bring the desired results.

The return of technically complex goods under warranty may be carried out provided that they have been under repair for one month or the terms allotted for the repair have been violated.

Defects and poor quality

If previously unnoticed defects are found in the purchased product during operation, it can be returned to the store as not meeting the requirements set by the manufacturer. As a rule, this situation develops in the first days of its use. However, according to the current legislation, the specified goods can be returned back during the warranty period.

The only condition is documentary evidence that the goods had a defect before the purchase and sale transaction.

The seller is not liable in situations where the goods:

was damaged by the buyer when using it;
the cause of its malfunction was an insurmountable condition and it cannot be eliminated.

If the cause of the defect is not established, then an independent examination is carried out, which is paid by the seller. The buyer as an observer is allowed to conduct it, he has the right to challenge the decision of the expert, if the need arises.

Registration

As accounting practice shows in maintaining documentation regarding the registration of the return of goods under warranty back to the store, there are ambiguous problems. They cause difficulties in the preparation of correspondence accounts, which are necessary for summarizing the final calculation of economic activity.

When the goods are returned by the buyer, the accountant must issue:

primary documents for the return of goods under warranty;
correctly conduct accounting entries so that accounting coincides with the real financial condition seller;
perform the correct calculation of the tax.

The reason for the discrepancies is mainly the norms of legislative acts, in which there is no clearly expressed position of official departments on the return of goods. One of the complications that leads to controversial issues is the issue of calculating and accounting for VAT.

In order to properly process the return of goods that were previously purchased by the buyer, the seller must be guided by:

letter from the Central Bank Russian Federation. It was published under the title "On approval of the procedure for conducting cash transactions in the Russian Federation." Adopted from October 1993.
the manual "Methodological recommendations for accounting for registration of operations for the receipt, storage and release of goods in trade organizations", which was approved by the Committee of Trade of Russia in a memo No. 1-794 / 32-5 in July 1996;
UMNS business letter, issued in March 2000 under the number 30-08 / 1 / 10843 - “On the procedure for registration by organizations of the return of goods by the buyer”. It explains the procedure for returning money from the main cash desk to the buyer, which is carried out after the completion of the shift, the removal of the Z-report.

Retailers must keep records using account 42 “Trade margin”, which reflects the content of the transaction, debit and credit, the amount transferred to the buyer, primary papers, that is, the buyer’s statement, cash receipt, expenditure cash warrant, consignment note, act of acceptance and transfer of goods.

Mandatory must be drawn up, having unified form with number KO-2. It was approved by a resolution of the State Statistics Committee, which explains the provisions on the preparation of primary documentation for accounting for cash transactions. The order contains the buyer's personal data, passport number, information about the department of the Ministry of Internal Affairs that issued it.

In addition to the listed official papers, an invoice is drawn up in two copies, of which:

one is attached to the commodity report;
the second is handed over to the buyer.

The invoice serves as the basis for issuing to the buyer the money spent for the purchase.

What authorities can be contacted?

Buyer with an oral or writing the claim must be addressed to the store where he made the purchase. If the seller ignored the buyer's claim statement, then he is entitled, in accordance with the instructions of legislative acts, to contact the local branch of Rospotrebnadzor. But he must notify the seller of his intention.

You will need

- Law on Consumer Protection";
- check for goods;
- warranty card for the goods;
- claim form;
- passport.

Instruction

The legislation of the Russian Federation approved a list of types of goods for which a refund is possible. These are technically complex products, which include: refrigerators, automatic washing machines, snowmobiles, motorcycles, boats, yachts and others. That is, if a breakdown of such goods is detected, you have the right to terminate the contract with the seller and return the money paid for them.

Decrees of the Government of the Russian Federation No. 81, 1222 approved a list of goods that cannot be returned to the store. These are animals, plants, household chemicals, household furniture and more.

Please note that it is your responsibility to properly maintain the purchased non-food products. Read all rules in the operating conditions. If you have not violated them, proceed to documentation. Make a claim addressed to the director of the store, a chain of stores. Attach to it a copy of the sales (cash) receipt, warranty card. Please note that the warranty period for the product is indicated on the coupon. For refrigerators, washing machines, it is usually around three years. When buying a product, sellers often offer an additional warranty. When it is purchased, the period is extended for another year or more. For individual sets of goods, the warranty may differ from the warranty period for the product itself.

The goods with all the equipment received upon purchase, bring the claim with a package of documents personally to the store. Ask your copy to put a mark on acceptance of the claim, leave another copy with the seller.

If the seller refuses to accept your claim, send the documents by registered mail, make a note that the postman will notify you of the delivery of the submitted documentation. You have the right to send a claim via the Internet, telegraph.

After 10 days from the date of receipt of the claim, the seller is obliged to return the money to you for low-quality, defective goods. The malfunction of technically complex goods is confirmed by the examination. It must be carried out by the store. It is advisable for you to be present during the examination. Since there are many tricks, tricks that enterprises go to in order not to return money.

If the seller refuses to conduct an examination of a low-quality, defective product, contact the specialists who determine the cause of the product malfunction. With the results of the examination, with a check for payment for such services, come to the company where you were. The store reimburses the cost of the examination of the purchased goods.

If no action is taken by the seller of the goods, contact the consumer protection authorities. Explain the whole situation to the employees of this service. Employees of Rospotrebnadzor will tell you what you need to return the money.

Contact the court. Write a claim. Attach documentary evidence of your correctness to it. This is a claim that is dated at the time of its preparation, a copy of the receipt of payment for the goods, for the examination (if it was carried out at your expense), a copy of the warranty card, a defective product. The evidence base will still be a note on the claim or a notice of delivery to the seller. The decision of the judicial authority will oblige you to forcibly pay you money along with a penalty.

5/5 (3)
Who establishes the guarantee
When buying a product, the period of its warranty service is set, and this happens on a voluntary basis (Article 5 of the Law "On Protection of Consumer Rights" (hereinafter referred to as the Law)). The warranty period allows you to save the rights of the consumer.

First of all, this period is set by the manufacturers of products. Thus, they undertake to repair the problems that have arisen through their fault, or to replace the defective product within the specified warranty period.
Important! If the manufacturer has not set such a period, the store assumes the responsibility for warranty service of the goods..
In addition, the seller can set their own warranty period in addition to the period previously set at the factory. Sometimes this period is larger than the factory one.
General information about the return of goods under warranty
Let's understand what the warranty period means. This is such a period during which the consumer can contact the seller about the malfunction of the goods purchased from him.
The beginning of this period is considered the second day after the day of purchase of the goods. The absence of information about the date of sale gives the right to consider the date of manufacture of the product as the beginning of the warranty period.
note! If the manufacturer and the store did not independently establish a warranty period, it will be 2 years (Article 477 of the Civil Code of the Russian Federation).
If there are defects in the new product, it can be taken to the store.
But before doing so, make sure that:
at the time of detection of the defect, the goods are under warranty, or 2 years have not yet passed from the date of purchase (clause 19 of the Law);
the problem is not your fault, i.e. the product was used correctly. The malfunction does not allow the product to be used for its intended purpose;
you have a receipt, warranty card or other papers confirming the fact of purchase in a particular store.

It should be noted that technically complex goods can be returned to the store within 15 days (although there are exceptions).
Technical products include:
cars and other vehicles;
agricultural machinery;
aircraft engineering;
gaming consoles;
equipment for satellite television;
refrigerators, freezers;
washing machines, dishwashing machines;
cameras, video equipment;
electric and gas ovens, etc.

The list of technically complex goods was approved by Decree of the Government of the Russian Federation of November 10, 2011 N 924 "On approval of the list of technically complex goods"
Goods of inadequate quality: how to return
When a product malfunction occurs during its use, the buyer has the right to:
demand replacement of the product with a similar product, but of good quality;
demand a refund of funds spent on a poor-quality purchase;
demand a reduction in the purchase price in accordance with the complexity of the detected breakdown;
transfer the product for repair at the expense of the seller (under warranty).

According to the Law "On Protection of Consumer Rights", the buyer has the opportunity to independently decide what he needs: repair or refund. That is, he can do what suits him, although usually the store sends customers who are dissatisfied with the quality of the goods to service centers.
An exchange of goods or a refund is an unprofitable step for stores, because it is an extra waste of time and money, additional trouble in resolving a problematic issue with the manufacturer.
Usually, when the buyer contacts the seller for a replacement or return of a defective product, certain confirmations of the fact of making a purchase in this particular store are required.
In this case we are talking about:
check (commodity or cash);
warranty service coupon (it is important that the coupon is filled out at the time of the transaction).

What to do in a situation where the purchase documents are lost
The store does not have the right to refuse to fulfill the requirements of the consumer, if they are really legal. As evidence of the fact of purchase, according to the Law, the testimony of witnesses or statements on the withdrawal of money from bank card(if the buyer paid in the store with a card).
Note! If we are talking about a purchase in an online store, then in the absence of a receipt, the confirmation of the purchase is: a notice of the order, its price, when the delivery will be made, etc.
Repair procedure
The consumer does not always want to replace the product, he may insist on warranty repairs at the expense of the store. What should the buyer do if he wants to perform a warranty repair of the product?
Contacting the seller
You can talk about your problems orally or make a written appeal. This option is preferable, since a written claim will become a confirmation in court of your attempts to resolve the problematic issue in a pre-trial order.
The claim contains the following items:
title trade organization, full name of the consumer;
contact details of the applicant;
where and when the product was purchased;
purchase details;
what problems are found;
a list of requirements for the seller (exchange, refund, repair under warranty, etc.);
list of documents attached to the claim (receipt, warranty card, product, etc.);
date, buyer's signature.

ATTENTION! View the completed sample claim for warranty repair of goods of inadequate quality:

A written appeal to the seller is a guarantee that the requirements will be met.
But if your wishes were not heeded, the claim is submitted along with the lawsuit to the court.
Transfer of goods to the store
The service center where the buyer brings the thing for repair must accept it, even though the case may not be under warranty .
When the product is handed over, an act is drawn up, which indicates the detected malfunctions. The document should contain the following items:
information about the parties to the transaction;
date of transfer, address of the service center;
detailed description of the goods;
information about the malfunction, whether there are external defects, etc.

The product, which is large, is delivered to the service center at the expense of the seller.
Conducting an independent examination
The seller has full right require an inspection of the product in order to understand whose fault the breakdown occurred - the consumer or the manufacturer. For this purpose, an independent examination is carried out.
Usually the test is carried out in service center. If the client does not agree with the conclusions of the experts, he can organize an independent examination, which he pays personally. In the future, if the manufacturer's fault is confirmed, the buyer's expenses will be compensated by the store.
ATTENTION! View the completed sample of the act of acceptance and transfer of equipment for repair:
Note! Maximum term repair under warranty is 45 days from the date of transfer of the product to the service center.
That is, if the repair is not completed during this period, you have the right to demand a replacement of the product with a quality one or a refund.
Returning a product from repair
After the repair work, the goods are returned to the owner. Upon transfer, the seller is obliged to check the product in operation, draw up a document that indicates the identified problems and how to eliminate them.
Watch the video. How to use the product warranty (expert advice):
How to return a product of good quality
During the warranty period, you can return to the store not only a low-quality product, but also a product that is of proper quality.
It is necessary to present the product itself, the receipt, the warranty card and the packaging. Requirements for the returned goods: seals and tags are not broken, the product was not in use, all properties and characteristics are preserved.
According to the norms of the Law, a return is possible only if the trade organization does not have such a product.
In accordance with the Law, the consumer has 2 weeks from the date of purchase to return or exchange the purchase.
ATTENTION! View the completed sample claim for the return of goods of good quality:
Return when buying in the online store
If trade is carried out remotely, that is, through online stores, the relationship between the seller and the buyer is regulated not only by the Law that protects the rights of consumers, but also by the “Remote Sales Rules” approved by the Government of the Russian Federation.
It will be legal for the customer to wish to return the goods purchased on the Internet, without giving reasons, if the procedure is carried out within 7 days from the date of delivery of the goods to the buyer.
If the seller has not enclosed a completed instruction sheet on the rights of the client in the package with the goods, the latter has the legal right to return the product within up to 3 months.
ATTENTION! View the completed sample claim for the return of goods to the online store:
Items that cannot be exchanged
Not all goods of good quality can be returned to the store. There are certain restrictions due to which it is impossible to return products that do not fit in shape, style or color.

Government Decree No. 55 of January 19, 1998 approved the list non-food items which cannot be exchanged or returned back to the store.
This list contains:
products intended for preventive or therapeutic procedures at home;
personal hygiene items;
cosmetics and perfumes;
products made of non-woven materials (ribbons, braid, lace or decorations);
garments made of cotton, silk, wool or linen;
cords, cables, wires;
carpets, linoleum, finishing materials, other;
hosiery, knitwear;
plastic utensils and other products used for food storage;
chemical products - detergents, soap, powder.

Requirements for the seller when returning a purchase
So, if the consumer has found flaws in the purchased product, he can put forward the following requirements to the seller (clause 1, article 18 of the Law):
issue a similar product of the same model and company instead of a defective product;
replace a low-quality product with a product of a different brand from another manufacturer (the purchase amount must be recalculated);
reduce the cost of things;
troubleshoot or compensate for repairs made by the consumer;
accept the goods back and return the money spent on it to the buyer.

In addition, the consumer, on legal grounds, has the right to demand compensation for damage caused by the purchase of defective goods. At the legislative level, the period for payment of compensation is established.
Terms of refund
Cash for goods returned to the store is paid immediately at the time of application or within 3 days (unless special verification is required).
If the seller wishes to conduct an examination, then the money will be returned no later than 10 days later. The quality check of complex goods can last for 45 days (the beginning of this period is the day the goods are handed over to the store).
Return shipping fee
When a large-sized product turned out to be of poor quality, it must be delivered by special transport, so the consumer may demand to arrange delivery at the expense of the seller. You can bring the goods in person, but then the store will compensate for the cost of transportation.
Delivery of the product to the seller is carried out within 10 days.
On a note! If you personally arrange transportation, please contact transport organization, which can issue payment documentation for the services provided. In the future, the seller will pay for the carriage on the basis of these documents.
Delay in payment
Sometimes the seller cannot immediately return the money and asks the client for a delay. The reasons in this case may be different. The main thing is to remember that, according to the Law, a penalty in the amount of 1% of the value of the goods is charged for each overdue day. That is, the final amount of the return increases.
Ways to receive funds
The funds are returned in the same way as the payment was made. If you paid in cash, the seller is obliged to give you this amount.
Please note! It will be more difficult in the situation when the payment was made by bank card. It will not be possible to get the money back immediately, sometimes it takes up to several weeks for such a return.
Although the seller is not guilty of this, since a certain number of banks are involved in the “operation”, all responsibility lies with him. If the deadlines are not met, the client demands to pay a penalty.
So the store will have to pay for the delay in the return of money, and after that it will deal with banks or intermediaries.
Return claim
The demand for the return of goods can be voiced orally or transmitted in writing. It is better to do this in the second way, because later, if the case goes to court, this document will confirm your intentions to resolve the problem out of court.
The claim is drawn up on a sheet of A-4 format.
It includes the following information:
the name of the store where the product is being returned;
Name of the applicant;
contact details of the client;
date of purchase, at what address the product was purchased;
what product is being returned;
what problems are found in the product;
what the consumer requires from the store (replace, take back, return the money, perform free repairs, etc.);
what documents are submitted along with the claim (receipt, warranty card and the product itself);
date of the claim, signature of the client.

By submitting a written claim, you will be able to defend your rights when returning the product during the warranty period. In addition, the document will come in handy in case of going to court.
ATTENTION! View the completed sample claim for the return of goods of inadequate quality:
Who pays for the examination?
It is difficult to immediately determine whose fault there were problems in the purchased product. Each party to the transaction will defend their interests. It is for this purpose that independent testing of the product is carried out. Since the seller has certain doubts, he organizes the examination at his own expense.
If the client does not like the results of the audit, he already initiates an independent audit. Further, with the conclusions of experts, you can apply to the court.
If the results are not in your favor, it is you who will have to pay for the work of experts. In addition, you still pay money for the delivery of bulky goods.
Lawyers warn buyers that in such cases the amount of costs sometimes exceeds the cost of the product, so before seeking justice, think about whether you are really sure that the manufacturer is to blame.
Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues.
What to do if the seller refuses to return the money
The buyer, upon detection of a defect in the purchased product, has legal rights demand a refund. The same rights are enjoyed by buyers who have purchased goods in installments. They are obliged to return the amount of the paid loan and the fees paid during the installment plan. To return the money to the client, the seller has 10 days from the date of registration of the return.

The refusal of the store to return the money to the client is the basis for contacting Rospotrebnadzor.
The buyer makes a written claim for this.
Attention! If you want your appeal to have a positive result, pay attention to the rules for filing a complaint:
at the top of the address part of the document, indicate the name of the organization Rospotrebnadzor. Below, write down your full name, personal and passport data, as well as contacts at the place of residence;
write the name in the center of the sheet written request-"A complaint";
in the main part, describe the current situation in detail. Indicate what rights the seller violated . Support your statements with documentary evidence. Don't pay too much attention to the little things. There should be just enough information so that Rospotrebnadzor understands the essence of your problem;
presentation style - business, the facts are described in chronological order;
give links to legal acts, that is, what guided you when you tried to resolve the dispute with the store on your own;
list the documentation that is submitted to the organization along with the complaint. Date and sign.

ATTENTION! View the completed sample complaint to Rospotrebnadzor about violation of consumer rights:
There are several ways to submit a complaint:
personally visit Rospotrebnadzor and transfer the document to the secretary;
send by mail;
send to in electronic format to the official website.

The complaint will be registered within 3 days. It is further studied. 30 days are allotted for consideration. The response is then sent to the applicant.
Complaint to the judiciary
The application to the court is made in free form. It can be written by hand or typed on a computer.
The required information included in the claim is:
full name of the court;
information about the claimant;
information about the defendant;
what is the essence of the claim;
the presence of an evidence base;
the cost of the claim;
what attempts were made to solve the problem in a pre-trial order;
list of attachments to the claim.

Important! The claim must contain references to the legislative acts of the Russian Federation on the right of the consumer to terminate the contract of sale.
The heading of the claim contains the following information:
full name of the court, position, full name of the judge;
information about the plaintiff - full name, address, telephone number;
the person against whom the claim is filed - the name, address, contacts of the seller;
the cost of the claim.

The body of the claim describes the essence of the case. It sets out in detail: where and when the purchase was made, for what reason the plaintiff wants to return the goods. If expert examinations were carried out, the conclusions of the experts are provided. The amount of expenses is specified. In addition, the stages of communication with the seller are described, what steps the plaintiff took to resolve the issue without a trial.
The final part lists the requirements for the seller(take the product back and return the money, compensate for the costs of legal costs, compensate for moral damage, etc.). The following is a list of documents submitted to the court along with the application.
The claim is made in business style. Information is presented consistently, clearly and specifically. If the claim is drawn up incorrectly and with errors, this may affect the results of its consideration.

The value of the claim is understood as the amount of the applicant's monetary claims.
It is determined by adding certain amounts:
money spent on the purchase;
moral damage;
legal expenses;
funds spent on expertise.

All expenses of the plaintiff must be documented. It is necessary to submit checks, receipts of payment, certificates, an agreement for the provision of legal services. services, etc.
It is up to the plaintiff to choose which court to apply to.
ATTENTION! View a completed sample Consumer Protection Claim Form:
You can go to court:
at the location of the seller;
at the place of residence of the buyer;
at the place of the transaction.

If the value of the claim is less than 50 thousand rubles, the claim is filed with the Magistrate's Court. Statements of claim worth more than 50 thousand rubles. considered by the district or city court.
Cases related to the protection of consumer rights are considered within the time limits specified in Art. 154 Code of Civil Procedure of the Russian Federation:
one month is allocated for consideration of the claim in the magistrate's court (from the moment of its registration);
in a district or city court, the claim is considered within two months from the date of registration.

Note! Claims for the return of money to the consumer for the goods do not involve the payment of state duty.
Return of goods after the warranty period
As soon as the warranty period has expired, the seller must not accept the purchased product back, exchange it for another product, etc.