Are batteries subject to return and exchange by law?

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Are batteries subject to exchange and return?

Attention! The Consumer Rights Protection Law stipulates that the consumer has the right to return batteries to the seller if the following grounds exist:

the wrong batteries were purchased, so the device does not work when they are used;
The purchased batteries are damaged, have a low charge level or are completely unusable.

However, it is necessary to have documents that confirm the fact of purchase. You may also need a warranty card for batteries. As a general rule, the warranty period for this type of product is two years.

In addition to the opportunity to return the batteries and demand a refund of the money paid for them, the consumer has the right to make claims for compensation for damage caused, if any.

For example, a malfunction or poor condition of a battery led to the failure of the device in which it was placed to function.

Depending on the purpose and characteristics of the battery, a loan could be used to purchase it. In this case, the seller will be obliged to return the money for the battery itself, as well as the loan balance transferred by the bank.

If on the date of return of the product its price has increased, the seller is obliged to return the amount taking into account the current markup on the battery.

To return a battery, the buyer must provide:

sales or cash receipt;
warranty card;
personal passport.

If the payment was made through a bank and the check was lost, you can attach an extract from the buyer's current account. Witness testimony may serve as proof of purchase.

Conditions

Batteries are an ordinary product that cannot be returned to the store: these batteries are not included in the List of goods that cannot be returned (approved by RF Regulation No. 55).

Having studied the regulations governing the sale of goods, you can make sure that batteries are items that, after their expiration date, pose a threat to human health (the list of such products is approved by RF Government No. 720).

This means that establishing an expiration date is a mandatory measure that falls on the manufacturer. An expired battery at the time of sale is not just a reason for a return, but an unacceptable phenomenon.

What to do if the store does not provide a refund under warranty

Returns of batteries should be made in writing, as the seller may refuse to refund money for a bad product. In this case, the seller is obliged to conduct an examination at his own expense. The buyer, in turn, has the right to be present during it.

If the seller does not agree with the conclusions of the examination or claims that the buyer is to blame for the malfunction of the batteries, he should insist on an independent examination.

However, in this case, the costs of research will be borne by the buyer. In the future, they can be transferred to the seller if the result of the examination is in favor of the buyer.

Important! The final resolution of the dispute that has arisen is possible only in court. If the decision is positive, you can demand not only the return of the amount paid, but also compensation for the damage caused, as well as compensation for moral damage.

However, the judicial way to resolve a dispute requires compliance with a certain order. Before going to court, you must send a claim to the seller, setting out all the necessary requirements. The document is drawn up in two copies, one of which is given to the seller.

If the seller refuses to accept the claim, it can be sent by mail. The Consumer Protection Law allows one month for a response. If the seller ignored the claim or refused to satisfy it, the only option left is court.

Returning goods without a receipt.

What to do if you are refused a refund for goods of proper or inadequate quality, read here.

For information about refund periods for goods, please follow the link:

How exactly can a buyer return purchased batteries if there are no complaints about their quality?

If the battery is of proper quality, then the buyer has two weeks from the date of purchase to contact the store to return the product.

The buyer can return the battery if it does not suit him in shape, size, dimensions, configuration, color, style and other characteristics, but it must not be used and have no traces of use, all labels, seals and packaging must be intact, and The buyer must provide a sec or other proof of purchase.

What can you count on

In this case, the buyer can count on exchanging the product for a similar battery with suitable parameters. Returning a product is possible only if the seller does not have the required analogue. According to the law, it is impossible to initially demand a refund for the product; the requirement must be specifically for an exchange.

In order to complete the exchange procedure, the buyer needs to bring to the store, in addition to the fully equipped battery, the following documents: a passport and a document that confirms the fact of purchase.

If the battery was purchased from an online store

Batteries that were purchased through the online store can be exchanged or returned with payment of money at the request of the client, since he could not see the product in advance, which means he can refuse it, even if it simply did not suit him.

If the seller does not agree to return the money for a quality battery

Claim for refund: the buyer makes a claim according to a certain sample.

If the claim is unsuccessful, the buyer may go to court to resolve the issue.

Return of low-quality goods

It happens that the seller does not want to return the buyer’s money for a defective product after the end of the warranty period.

Please note! In this case, you must proceed as follows:

request an examination. If the seller refuses to appoint it, the buyer has the right to initiate an independent examination at his own expense;
based on the results of the study, make a decision - if the seller admits guilt, he will be obliged to return the buyer’s money for the goods, as well as reimburse the expenses incurred for paying for the expert’s services;
If the seller refuses to return the money, you must prepare and submit a claim to him. Attach an expert opinion to the document;
If the claim is not satisfied, the remaining option is to file a claim in court in accordance with the requirements of the Federal Law on the protection of consumer rights.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

Return of quality batteries

According to general rules, the law allows 14 days after the date of purchase to return quality goods.

To make a return within this period, the following reasons must be met:

The batteries did not meet certain parameters. This can be either color, shape, type or configuration;
The battery must not be used up. There should be no signs of use on the batteries;
There should also be no damage to the packaging;
have a sales or cash receipt confirming the fact of purchasing the product from this seller.

In exchange for the returned battery, the seller may offer another product with the required parameters. If the seller does not have the product with the required parameters, only in this case can he return the money back. Otherwise, the product will be exchanged for another with similar characteristics.

When contacting the seller, the buyer must have identification documents, as well as proof of purchase of batteries.

ATTENTION! Look at the completed sample claim for exchange of goods of good quality:

Is it possible to return batteries back to the store? Procedure and terms

Batteries are needed often, and although they seem to be not such an expensive product, you don’t want to lose money if they don’t fit or turn out to be unusable.

Is it possible to return this product, what are the conditions and procedure for returning it, within what period is this allowed by law?

Poor quality

If the purchased batteries do not produce energy, leak, or holes have formed from which crumbs fall out, the batteries are of poor quality. In Art. 18 of the RF PLZPP states that if defects are found in the goods, a return to the store is possible with the following results:

replacement with the same ones, but of high quality;
replacement with others, but from a different manufacturer, a different article (with an additional payment or giving change to the client); refund.

The absence of a receipt will not prevent you from returning a bad purchase if there are witnesses to the purchase and sale.

Good quality

The conditions for returning batteries to the store are as follows:

the integrity of the packaging is not compromised;
the batteries have not been used;
This product is not mentioned in the List of Non-Returnable Products.

If the batteries do not fit or are redundant, i.e. unnecessary at the present time, but they were not used and the transparent packaging was not even opened, then on the basis of Art. 25 ZZPP RF goods will be taken away.

It is important to understand that if similar batteries are available for sale, the money will not be returned, but will be offered for replacement. The seller will give the money only if the store does not have such batteries (Clause 2 of Article 25 of the RF PLZPP).

If the consumer has unpacked the batteries but has not used them, a return is not possible for the following reasons:

the conditions specified in Art. 25 ZZPP RF (the packaging is not damaged, and the item itself has no signs of use);
There are no traces of use on the batteries, so no one can visually say for sure that the elements have not been used.

Since there are no tags on the batteries, breaking the packaging is a sign to the seller that the batteries may be used.

Since this is an inexpensive product, it is not profitable to order an examination for it, so unopened batteries, even if they are really new, will not be taken back.

Order

The consumer must take his receipt, unopened (or unusable) batteries, passport and go to the store where the purchase was made and verbally demand the return of the product.

Usually, in such cases, employees of a trading enterprise without any problems exchange the product for a similar one, but of high quality.

If the consumer receives an unlawful refusal, then he must hand over 1 copy to the store administration. a prepared claim in which to briefly and clearly state the essence of your requirements, signing and dated, indicating contact details.

Having counted 10 days from this date, during which the seller must respond, in the absence of attempts by the administration to contact the buyer, you can begin to complain to Rospotrebnadzor, the prosecutor's office, or file a lawsuit.

Return to the online store

Since the buyer did not see it in reality when purchasing the product, it will be possible to return or replace the batteries without any problems. However, what if the seller refuses to accept the goods back to the buyer and, accordingly, does not return the money?

In this case, it is necessary to act officially. This means that you must follow the pre-trial procedure for resolving the dispute, and then file a claim.

Making a claim

The current civil procedural legislation does not contain specific requirements that a claim must meet.

Remember! However, legal practice indicates that such a document should reflect the following data:

full name of the seller, including its legal form of ownership, legal address, address of the actual location of the outlet. If the seller is an individual entrepreneur, you must indicate his last name, first name, patronymic, TIN, registration address;
last name, first name, patronymic, residential address of the plaintiff, means of contacting him in the form of a landline or mobile phone number, email address;
document name: “Claim”;
a statement of the factual circumstances of the case, namely: when, where and under what conditions the purchase was made, what documents or other evidence confirm it;
what are the grounds for returning goods;
response to the stated demands on the part of the defendant;
what consumer rights were violated;
legal grounds for filing a claim with reference to the norms of current civil legislation, including the Law on the Protection of Consumer Rights;
the essence of the stated requirements;
list of attached documents;
date, signature, surname and initials of the applicant.

ATTENTION! Look at the completed sample claim for a refund for a defective product:

When making demands, you should be guided by Article 18 of the Law of the Russian Federation “On the Protection of Consumer Rights,” which specifies what specific demands can be made. That is, you should choose one of them and declare. Thus, it will be specific, and the seller will be obliged to respond to it.

The claim must be made from a specific buyer. Fictitious data or lack of indication of buyer data will lead to the fact that no one will respond to such a document. However, it will be impossible to file a claim in court on its basis.

The claim must contain a specific date of drawing up the document. Otherwise, the seller will have the opportunity not to respond to it for a long time, since it will be impossible to confirm the exact date of its writing.

When using mail to deliver a claim, you should choose a registered letter with a list of attachments and a return notification of delivery of the correspondence to the addressee.

A postmark, a receipt for dispatch, a notification of delivery will have the force of evidence of compliance with the pre-trial procedure for resolving a dispute when the case is considered in court.

If the claim is handed to the seller or his official personally, then on the second copy of the document, which remains with the buyer, the seller or his representative must put a mark on receipt of the claim, indicating the date, name, and position of the employee who received the document. This information must be certified by the seller's seal.

ATTENTION! View the completed claim form to the online store:

Watch the video. Making a claim:

Return a high-quality and defective battery to the store - instructions in 2021

According to the Law “On the Protection of Consumer Rights”, you can return the battery back to the seller, either of inadequate quality (defective) or of proper quality.

The quality of goods is regulated by the State Quality Standard (GOST) or technical production conditions (TO), which is indicated in the relevant accompanying documentation.

According to Article 4 of the Law “On Protection of Consumer Rights”, the seller is obliged to provide the buyer with a product suitable for use and corresponding to the description, taking into account its expiration date and service life.

If all standards are met, the battery is a product of proper quality.

Conditions

Based on paragraph 1 of Article 25 of the Law “On Protection of Consumer Rights”, the seller is obliged to accept goods of proper quality subject to the following conditions:

Basic

The product has not been used
Presentation and packaging preserved
There is no violation of labels and seals
Availability of cash or sales receipts

If the receipt is missing, then a refund is possible, supported by witness testimony.

If the battery was purchased in an online store, then an electronic payment document can be used as evidence.

In the absence of documents confirming the purchase, the seller rarely accepts the goods back. In this case, you must contact the consumer rights supervision service or Rospotrebnadzor.

Procedure

The buyer must perform the following actions:

Draw up an application in 2 copies and give it to the seller. One copy remains with the buyer, and a mark indicating acceptance of the application is placed on it. The second copy remains with the seller.
Give the battery in its entire package to the seller. In this case, labels and seals must be intact. After delivery, the buyer’s copy is marked with acceptance of the goods.
Present a document confirming the purchase of the goods at this particular outlet.
Provide an identification document.

The application must indicate the requirement. That is, what is needed, a refund or exchange of goods. The seller is obliged to satisfy this requirement within no more than 3 days from the date of filing the application.

Refusal to accept the application

If the seller refuses to accept the application, it must be sent to the store by registered mail with notification of receipt. In this case, the recipient must be the head of the outlet. The name of the manager can be found in the “Consumer Corner”, which is in every store. The recipient's address must be actual, not legal.

If the return period has expired

The Law on Consumer Rights clearly defines return periods. It was decided that 14 days is enough for the buyer to decide whether he needs the product.

It is not possible to extend this period. An exception is the return of goods to online stores, where the return period is 3 months, unless other conditions are specified additionally.

Return to the online store

When purchasing a product in an online store, the purchase and sale agreement or accompanying documentation may specify a return period of 7 days. If there is no such clause, then the period for returning the battery can be extended to 90 days.

All steps for processing a return are the same as for any retail outlet. In the absence of a cash receipt, it is acceptable to attach to the application an extract from electronic payments or a bank receipt that confirms the fact of payment.

With such a return, it is necessary to take into account that the payment is returned minus the transport costs incurred by the seller to deliver the goods, but only in cases where they are not paid separately.

Return by organization

In trade cooperation, a sales contract is always concluded between organizations. If it is necessary to return the goods, it is carried out in accordance with this agreement.

In some cases, with the consent of the seller, a reverse sale and purchase transaction is concluded, according to which the seller and buyer change places.

Sample application for return

The return application is drawn up in 2 copies in free form. The text must contain the following data:

Basic data

Buyer information;
Seller information;
Purchased item;
Date of purchase;
Product category;
The reason for the return must be stated;
Presentation upon return;
Request for exchange of goods or refund.

At the bottom of the application, the date of submission and signature with a transcript are indicated.

Returning a battery of inadequate quality (defective)

A product of poor quality or defective is considered to be one that has deviations from the normal one.

Marriage if

There are deviations in appearance from normal, or the equipment is not complete;
There are shortcomings due to which the battery is not able to satisfy the expected needs of the buyer;
There are shortcomings that prevent the product from fulfilling its direct functional purpose;
Characteristics differ from those stated in the accompanying documentation;
The parameters do not correspond to GOST or TU, according to which the goods were produced.

Reasons for return

There are different types of marriage.

Type Description

Ordinary	The quality of the product does not meet the standards established for it
Essential	Defects are difficult to remove and may require a high investment of time and money
Explicit	This type of defect is detected during a routine inspection. It is also detected at the technical control stage
Hidden	This type of defect is discovered during the operation of the product or during long-term storage

Any of the above types of defects allows you to return the battery to a store or other retail outlet.

However, it is not possible to return the goods in the following cases:

If the defect arose due to the actions of the buyer;
If the buyer was informed in advance about the existing defects;
If the warranty period has expired.

The warranty period includes:

warranty from the manufacturer - which is established by the manufacturer in accordance with the law (for example, in GOST);
warranty from the point of sale - which must be no less than the period specified by the manufacturer.

Buyer's rights

If a tire for a wheel is of inadequate quality, that is, violations and defects are identified, then, according to Article 18 of the Law “On Protection of Consumer Rights,” the buyer has the right to a number of demands.

The buyer has the right to:

To return and receive money;
To exchange the product for a new one with the same declared characteristics;
To carry out repairs free of charge;
To exchange for a product with other characteristics with payment of the difference in price
By agreement of the parties, a reduction in the price of the product equal to the amount of the defect found.

Filing a claim addressed to the seller

There is no specific template in the legislation, but in practice a certain form has already been established, which is often used when returning goods. It is this that must be followed; only in this case will the statement have legal force.

The claim must contain the following:

Full name of the buyer, his contact details and signature;
Name and address of the outlet;
Date of purchase;
Information about the product (for example, its exact name and serial number);
Reason for return (listing of all product defects);
Indicate the requirement to return the goods;
Describe the list of documents attached to the claim.

In this case, the following documents must be attached to the claim:

a copy of the sales or cash receipt;
a copy of the warranty card;
invoice;

It is worth considering that in situations where the consumer does not have sales receipts, the claim must still be accepted. In the form of evidence, you can use the testimony of witnesses, information about the purchase that is available in the database, information from video cameras.

Claim consideration period

In the subsequent period, the claim is reviewed by the seller's responsible person.

Wherein:

If the buyer requests a battery exchange, the review may take about 7 days. During this period, all required checks are carried out;
If the buyer wants to return money for a defective product, the seller will have 10 days to write a response. If the result is positive, then the buyer will be paid all the money spent;
The responsible person of the seller may refuse to accept the goods and return the money to the buyer. This happens in situations where the item has become unusable due to the fault of the buyer;
If the product is defective due to the fault of the seller or the transport company, compensation may be denied. To do this, a special examination is performed, which allows us to determine what caused the malfunction.

Refund deadlines

It is worth remembering that for each day of delay the guilty party pays a penalty, its amount is established in accordance with the contract. If this issue is carried out without a contract, then the amount of the penalty will be equal to 1% of the cost of the goods.

Returning a defective battery is a complex procedure that has many nuances. The buyer must be prepared for the fact that the seller will avoid accepting him and returning the money. To do everything right and get back what you spent, you should seek the help of professional lawyers.

Terms of consideration

From the time the claim was served or delivered to the seller, the countdown begins for the period within which a response must be received. It should be borne in mind that the seller is held liable for delays in fulfilling the buyer’s legal requirements. And this can be either a penalty or penalties.

Attention! The Federal Law “On Protection of Consumer Rights” provides the following deadlines for responding to a complaint:

for exchange and return of sold goods – 14 days. The day of purchase does not count. (Part 1 of Article 25 of Federal Law No. 2300-I);
for replacement of goods – 7 days;
for a refund subject to termination of the contract for the purchase and sale of goods – 10 days;
to eliminate defects in the product in a warranty workshop - 45 days.

Poor quality

replacement with the same ones, but of high quality;
replacement with others, but from a different manufacturer, a different article (with an additional payment or giving change to the client); refund.

The absence of a receipt will not prevent you from returning a bad purchase if there are witnesses to the purchase and sale.

Statement of claim to court

If the consumer's claim is not satisfied or is not satisfied in full, the dispute is referred to the court.

To do this, you must draw up a statement of claim, which must contain the following points:

the name of the court where the claim is filed, indicating the name of the locality, street name and number of the building where the court is located;
full information about the plaintiff or his authorized representative;
maximum information about the defendant, including his organizational and legal form of ownership, tax identification number, legal address;
price of claims;
name of the document: “Statement of Claim for the Protection of Consumer Rights”;
a description of all the circumstances of the dispute with a chronological description of all actions of the plaintiff and defendant;
compliance with pre-trial dispute resolution procedures;
legal grounds for going to court;
the essence of the claims;
list of attached documents;
day, month, year of drawing up the application, signature, surname and initials of the plaintiff.

ATTENTION! View the completed sample claim to the court:

If the claim is filed by a representative of the plaintiff, it is necessary to attach a copy of the power of attorney, which confirms his authority.

Sample application for return

The return application is drawn up in 2 copies in free form. The text must contain the following data:

Buyer information;
Seller information;
Purchased item;
Date of purchase;
Product category;
The reason for the return must be stated;
Presentation upon return;
Request for exchange of goods or refund.

At the bottom of the application, the date of submission and signature with a transcript are indicated.

Jurisdiction

According to civil procedural legislation, claims from buyers filed in accordance with the Federal Law on the Protection of Consumer Rights are subject to consideration in courts of general jurisdiction. In this case, the plaintiff is given the choice of the territoriality of the judicial body in which the claim should be filed.

It can be submitted:

at his place of residence;
at the place of registration of the defendant;
at the place of purchase.

Important! Depending on the value of the claims, the claim is subject to consideration by a magistrate or district court. Thus, if the stated claims are up to 50 thousand rubles, the case will be considered by a magistrate. If the cost of the claim exceeds this figure, the claim is subject to consideration in a district or city court.

According to the requirements of the Federal Law “On the Protection of Consumer Rights”, claims are exempt from payment of state duty. However, there is one exception. If the value of the claims exceeds one million rubles, the state fee will still have to be paid.

A statement of claim with attached written evidence can be filed in court by either the plaintiff himself or his legal representative who has a notarized power of attorney. In addition, the claim can be sent by mail or using the services of a courier service.