Changes in pharmaceutical legislation in 2021

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According to the letter of the law

When purchasing a product, a consumer does not weigh all the positive and negative aspects of purchasing this item.

Or, having already bought a product, he finds it in another store and cheaper, and after that the consumer has a great desire to return the unsuccessful purchase and return the money spent for it.

If I purchased a product at a pharmacy, can I return the product? Let's look at the legislation on this issue.

The Federal Law “On the Protection of Consumer Rights” states that you can return a product if:

• it is of inadequate quality, that is, it does not meet the standards (the case is damaged, the appearance is different, the expiration date has expired, etc.);
• it is not suitable in size, color, function or other characteristics for the consumer, although the quality meets the standards.

Basic rules for returning goods

ATTENTION! The procedure for returning goods is regulated by the “Law on the Protection of Consumer Rights” and the Civil Code of the Russian Federation (Article 502).

According to the law, the buyer has the right to return the goods in the following cases:

• Purchased goods of proper quality are also subject to return if they do not meet various consumer characteristics - size, configuration, color. But in this case, the legislation gives the buyer only two weeks to bring the purchased item back to the store.
• If defects or defects are detected due to the fault of the manufacturer, supplier, or seller . The time allowed for returns depends on the warranty period and other restrictions set by both the manufacturer and the retailer.

A defect can be detected immediately; sometimes it takes a certain amount of time to work before an iron, for example, or a school bag breaks due to a manufacturing defect.
There are certain conditions for accepting previously purchased goods .
It must be returned in packaging (intact and neat), with a payment document confirming the fact of payment for the product. When returning a low-quality product, an examination may be carried out to establish the fact that the defect was actually caused by the manufacturer.

The product can be returned (subject to the specified conditions) or exchanged for a new one, it depends on the wishes of the buyer. You can exchange a product for another only if you have a high-quality, similar model, of good quality and without defects.

Sellers must comply with trade rules and laws protecting the rights of the manufacturer. But buyers do not always take into account the presence of a large list of goods that cannot be exchanged or returned. You will have to keep the item purchased from this list. Are blood pressure monitors and other medical devices for home use subject to return or exchange?

Is it possible to return a tonometer of proper quality?

Important! In accordance with paragraph 2 of Article 477 of the Civil Code of the Russian Federation, returning goods to a pharmacy is possible, but for this the warranty period must be valid. If the warranty period is not established, then it is considered equal to 24 months from the date of purchase of the product.

Decree of the Government of the Russian Federation No. 55 of January 19, 1998 defines a list of goods that cannot be returned if they meet the declared quality.

Can I return the medicine to the pharmacy?

Whether the seller can refuse to issue a check to the buyer, read here.

What to do if the pharmacy refuses to provide free medicine, read the link:

Please note that most products sold in pharmacies cannot be exchanged or returned in accordance with current legislation:

• goods intended for the treatment or prevention of diseases in an outpatient setting, as well as products intended for medical purposes (hygiene and sanitation items, medical equipment and technology, oral hygiene products, glasses lenses, products intended for child care, medicines );
• goods for individual use (comb, toothbrush, etc.);
• perfumes and cosmetics sold in pharmacies.

A tonometer is a medical equipment that is included in the list of goods that cannot be returned to the seller if the product is of proper quality. A return or exchange of a tonometer is possible only if it does not meet the declared quality.

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

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15.10.2019 I bought an automatic blood pressure monitor at the pharmacy. Upon returning home, it turned out that my wife had purchased almost the same blood pressure monitor. Is it possible to get a refund for a blood pressure monitor if only two days have passed since the date of purchase?

In accordance with Art. 25 of the Law of the Russian Federation of February 7, 1992 No. 2300-1 “On the Protection of Consumer Rights”, the consumer has the right to exchange a non-food product of proper quality for a similar product from the seller from whom this product was purchased, if the specified product does not fit in shape, dimensions, style, color, size or configuration.

30.11.2018 Dear residents of the Smidovichi district!

The Federal Service for Supervision of Consumer Rights Protection and Human Welfare has created a state information resource in the field of consumer rights protection, which is available to everyone in order to fully realize the right of consumers to protection of rights.

17.07.2018 Information for business and consumers

An indispensable element of the customer service hall, according to the current legislation of the Russian Federation, is a stand with information on protecting the rights of customers. Or - the consumer's corner. What are the requirements for the consumer corner in 2018, where should it be located, how should it be designed, what information should be in the consumer corner in 2021.

Returning a defective pressure measuring device

If a product purchased from a pharmacy is defective, it must be returned to the seller or manufacturer directly, if possible. Moreover, it is worth remembering that when returning you must indicate all the shortcomings of the product.

Next, you can follow one of these paths of development:

• the pharmacy accepts the product that the consumer is trying to return and returns the money paid or replaces it with another product or eliminates the defects in this product. The outcome of this path will depend on the common opinion of the buyer and seller;
• the pharmacy does not accept goods that the consumer is trying to return and does not want to accommodate the buyer. In this case, the consumer has the right to demand an independent examination, which is paid for by the seller (in our case, the pharmacy) in his presence. If the consumer does not agree with the opinion of the examination, its result can be challenged in court.

Most often, in cases where the defect of the purchased product is clearly visible, institutions do not try to dispute this fact and enter into a dispute with the consumer, but accept the product back and return the money spent. But this option is only possible if the buyer has nothing to do with the defective product.

How to file a claim against a pharmacy

If a product is purchased that does not meet the declared quality, the consumer has the right to return the product or exchange it for another; this is accompanied by filing a claim.

Although it is possible to return goods of proper quality, this will also be accompanied by the preparation of a statement.

Please note! To file a claim, you need to know the correct (official) name of the seller or point where the product was purchased of inadequate quality.

It would not be amiss to find out the last name, first name, and patronymic of the head of this pharmacy, because it is in his name that the claim is being filed. Typically, such information is contained in the consumer corner or on the official website.

If the consumer acts promptly and takes into account all the requirements presented in the claim, then the likelihood of resolving the issue before the court increases significantly. The consumer can try to resolve the situation without a letter of complaint, but the likelihood of resolving the problem tends to zero.

The claim is drawn up in two copies: one copy is given to the seller, and the second remains with the consumer. A copy that remains with the consumer - on it the seller must indicate the date of receipt, last name, first name, patronymic and position of the employee who received the claim.

Before you begin to describe the problem and the essence of the requirements, you need to indicate the time and date of purchase, as well as the place where the product was purchased, and additional circumstances of the purchase.

It is necessary to clearly and competently describe the product, indicating its brand, name, configuration, model, color, article number, serial number and other information that will help identify a specific product.

After this, the defects identified in the product and the circumstances under which this was discovered are indicated. It is advisable to indicate the fact that during the initial inspection of the goods the consumer could not detect these defects and that they did not arise through the fault of the consumer.

The impossibility of using the purchased product for its intended purpose due to these defects is also indicated.

Timeframe for consideration of a claim by the seller

Please note! The claim is considered within ten days from the date of its filing. In the event of an examination or repair, the time for consideration of the claim may be extended. Please note that the warranty period for repairs is up to forty-five days.

If a manufacturing defect is discovered based on the results of the examination, the claim must be satisfied and the money must be returned within ten days.

Most often, the consumer has to face difficulties when returning goods to the store. One of the reasons for this can be called ignorance of your rights as a consumer and the timing of returning goods to the seller or manufacturer.

Carrying out an examination in case of disagreement to accept back a low-quality tonometer

To return a defective tonometer to a pharmacy, you must contact the seller. If a dispute arises regarding a defect in the tonometer, the seller must send the product for examination, and he shall bear all costs of the examination.

If, as a result of the examination, a defect is determined to be a breakdown that occurred due to the influence of the consumer, the cost of the examination will be borne by the consumer, but at the same time he can apply for warranty repairs.

Remember! Even if the consumer does not have a document confirming the purchase of goods from a given seller, this cannot be a reason for refusing to accept goods of inadequate quality.

Please note that the buyer has the right to request that the seller provide him with goods of the same type for temporary use during the period of warranty repairs.

Moreover, the buyer can refer to the fact that blood pressure monitors are not durable goods, which are not subject to the buyer’s requirement to provide goods of the same type.

Paragraph 27 of Resolution No. 55 establishes that a consumer who wants to repair or replace a product of inadequate quality has the right to demand this, and the seller is obliged to provide him with a product of the same type for temporary use.

Dear customers,

high-quality medical products with a valid expiration date are not subject to exchange or return.

We can accept your product for return within 14 days from the date of shipment only if you received the product with an expired expiration date. You must check the completeness of the order (quantity, nomenclature) upon receipt (in the store for pickup or with the courier, in the case delivery).

Warehouse turnover does not exclude the possibility that packaging of goods from an old batch could have been accidentally lost, but in practice there have been no such cases.

Attention, if you knowingly bought a product from the “Discounts and Promotions” list, where all expiring periods are indicated and the product is sold at a discount, then you have been warned about the expiring period and claims in this case will not be accepted. We do not sell expired products, but the following products are included in our “Promotions”:

— the shelf life of which is less than a year;

— the product is discontinued or removed from our range;

— warehouse balances significantly exceed the average quantity consumed (re-sorting due to the purchasing department or from the supplier)

In all other cases, we do not accept medical goods for return, including if:

— you made the wrong article number when ordering (you mixed up the length of the needle, the volume of the syringe, the tubes with or without gel, the red or orange cap of the insulin syringe, etc.)

— you made a mistake with the quantity of goods (you took more than necessary)

— you no longer need this product (for example, the operation was cancelled)

- you don’t like the color of the gloves, they don’t fit you, etc.

Law of the Russian Federation dated 02/07/1992 N 2300-1 (as amended on 07/03/2016) “On the protection of consumer rights”

(excerpt)

Article 25. The consumer’s right to exchange goods of proper quality

1. The consumer has the right to exchange a non-food product of proper quality for a similar product from the seller from whom this product was purchased, if the specified product is not suitable in shape, dimensions, style, color, size or configuration.

The consumer has the right to exchange non-food products of proper quality within fourteen days, not counting the day of purchase.

An exchange of a non-food product of proper quality is carried out if the specified product has not been used, its presentation, consumer properties, seals, factory labels are preserved, and there is also a sales receipt or cash receipt or other document confirming payment for the specified product. The consumer’s absence of a sales receipt or cash receipt or other document confirming payment for the goods does not deprive him of the opportunity to refer to witness testimony.

The list of goods that are not subject to exchange on the grounds specified in this article is approved by the Government of the Russian Federation.*

2. If a similar product is not available for sale on the day the consumer contacts the seller, the consumer has the right to refuse to execute the sales contract and demand a refund of the amount of money paid for the specified product. The consumer's request for a refund of the amount of money paid for the specified product must be satisfied within three days from the date of return of the specified product.

By agreement between the consumer and the seller, an exchange of goods may be provided when a similar product goes on sale. The seller is obliged to immediately notify the consumer about the availability of a similar product for sale.

* LIST OF NON-FOOD PRODUCTS OF GOOD QUALITY, NOT SUBJECT TO RETURN OR EXCHANGE FOR A SIMILAR PRODUCT OF OTHER SIZE, SHAPE, DIMENSION, STYLE, COLOR OR COMPLETE CONFIGURATION

1. Goods for the prevention and treatment of diseases at home (sanitary and hygiene items made of metal, rubber, textiles and other materials, medical instruments, instruments and equipment, oral hygiene products, spectacle lenses, child care items), medicines

2. Personal hygiene items (toothbrushes, combs, hairpins, hair curlers, wigs, hairpieces and other similar products)

3. Perfume and cosmetic products

4. Textile goods (cotton, linen, silk, wool and synthetic fabrics, goods made from non-woven materials such as fabrics - ribbons, braid, lace and others); cable products (wires, cords, cables); construction and finishing materials (linoleum, film, carpeting and others) and other goods sold by the meter

5. Sewing and knitted products (sewing and knitted linen products, hosiery products)

6. Products and materials made entirely or partially from polymeric materials and in contact with food products (tableware and kitchen utensils, containers and packaging materials for storing and transporting food products, including for one-time use)

7. Household chemicals, pesticides and agrochemicals

8. Household furniture (furniture sets and sets)

9. Jewelry and other products made of precious metals and (or) precious stones, cut precious stones

10. Cars and motorbikes, trailers and numbered units for them; mobile means of small-scale mechanization of agricultural work; pleasure boats and other household watercraft

11. Technically complex household goods for which warranty periods are established (household metal-cutting and woodworking machines; household electrical machines and appliances; household radio-electronic equipment; household computing and copying equipment; photographic and film equipment; telephones and fax equipment; electric musical instruments; toys electronic, household gas equipment and devices; wrist and pocket watches, mechanical, electronic-mechanical and electronic, with two or more functions)

12. Civilian weapons, main parts of civilian and service firearms, ammunition for them

13. Animals and plants

14. Non-periodical publications (books, brochures, albums, cartographic and musical publications, sheet art publications, calendars, booklets, publications reproduced on technical media)

Statement of claim to a judicial authority

Note! In case of violation of the claim deadlines, and if the requirements remain unfulfilled, you need to file a claim with the court against the pharmacy.

Let's take a closer look at filing a claim.

Any statement of claim has 4 parts:

• introductory part - includes the header of the document;
• descriptive part – contains a complete description;
• operative part – includes a request;
• the final part contains the date of writing and the consumer’s signature.

Introductory part. In the upper right corner the court is indicated (full name of the court, its location). Below is the judge’s last name, first name, and patronymic. Next - the name of the plaintiff (last name, first name, patronymic, passport details, place of registration with index, telephone number for contact, email address) and the name of the defendant (includes the same information as the name of the plaintiff) and third parties.

In the center write the name of the type of document - “Statement of Claim for the Protection of Consumer Rights.”

The descriptive part begins with a red line, and the following information is indicated:

• the essence of violations of consumer rights. Illegal actions or inactions with references to the articles that were violated, and circumstances confirming the violation of consumer rights.
• calculation of the amount of the claim (if the claim is property).
• facts confirming the need to protect the interests of the plaintiff.
• evidence (arguments confirming all of the above).

Resolution part. It begins with the word “I ASK”, in this part you must indicate the requirements for the claim, that is, what you want to receive as a result of the consideration of the case.

Listed below are all the attachments to the statement of claim, that is, the evidence base (testimonies of witnesses, audio and video materials and other documents).

The final part includes the signature of the plaintiff with its transcript and the date of compilation. Please note that the document is signed by the plaintiff or an authorized representative who has the right to do so (with the attachment of a power of attorney or documents confirming his right).

ATTENTION! View the completed sample statement of claim for consumer protection:

Limitation periods for filing a claim

The protection of consumer rights and the rights themselves are described in more than one piece of legislation, but there is no certainty regarding the establishment of limitation periods.

When determining deadlines, any professional lawyer will take the legislative norms of civil law as a basis:

• the period for filing a claim for ordinary goods is 1 year;
• For most products, the right to request a return or replacement remains for a period of 24 months from the date of purchase;
• to determine the time limits, you need to refer to the warranty period, because if the limitation period is 24 months, and the warranty period is 36 months, then the claim and claim can be filed during the warranty period.

Please note! From this it is clear that specific deadlines are not established by law. To determine the limitation period, it is also worth clarifying other features of the product.

According to the law, there are 3 types of deadlines:

• guarantee period. Each product has a period during which the manufacturer guarantees its performance. During the warranty period, the consumer has the right to use the product for its intended purpose, and if defects are detected, contact the manufacturer or seller;
• best before date. The period of time during which the product must properly perform its direct functions, and if defects are detected, the consumer has the right to file a claim;
• life time. This period is set depending on the type of product; this is the period during which the seller and manufacturer are responsible for the product. There are cases where the consumer can claim damages after this period has expired.

The Law on the Protection of Consumer Rights, namely Article 17, states that the consumer has the right to file a claim if he is dissatisfied with the purchase. And also conduct inspections of this store.

To determine the period, first of all, you need to be guided by documents that indicate the warranty period or expiration date, and these documents will be evidence in court.

If the warranty period or expiration date for the product is not determined, claims regarding defects in the product may be submitted by the consumer within two years from the date of receipt of the product from the seller or for a period of more than 2 years, unless otherwise provided by the contract or the legislation of the Russian Federation.

It follows from this that the deadlines established in Article 477 of the Civil Code of the Russian Federation and Article 19 of the Law “On the Protection of Consumer Rights” No. 2300-1 are the deadlines for determining defects and defects, but not the limitation period.

Return of a defective product.

The exception is when the device has defects. To the question defective tonometer can be returned

The buyer has the right to return the product to the pharmacy in the following cases:

• The device has a manufacturing defect, which is why it cannot be used for its intended purpose.
• Some elements of the product are faulty.
• There are scratches, chips, and abrasions on the body.
• Other defects were found in the medical device.

If a defect is detected in the tonometer, the buyer has the right to return it to the pharmacy and present the following requirements:

• terminate the purchase and sale agreement and return the funds;
• exchange for a similar product;
• demand that deficiencies be corrected free of charge;
• replace the product with another one and recalculate the cost;
• reimburse the costs of repairing the product.

You can return a tonometer of inadequate quality only during the warranty period. If it is not specified in the documents for the product, then it is 2 years (Law No. 2300-1).

Is it possible to return the medicine to the pharmacy?

Which court should I apply to?

To correctly determine the court, you need to refer to the Civil Procedure Code of the Russian Federation and Article 17 of the Law “On the Protection of Consumer Rights”. Such claims are considered by courts of general jurisdiction. The plaintiff decides which court to file the claim in.

Let's look at the choice the consumer faces:

• court at the place of registration of the consumer;
• judicial authority at the place of purchase of the goods;
• the court at the place of registration of the legal entity (pharmacy) or at the place of residence of the individual entrepreneur.

Important! If the pharmacy where the product was purchased is a branch or is located far from the main office of the legal entity, the consumer can file a claim at the location of the pharmacy.

Features of the examination

In some cases, a technical examination is carried out at the initiative of the buyer or seller. Its goal is to prove not only the presence of a defect, but also the fact that it is not the buyer who is to blame, but the manufacturer or supplier, the pharmacy.
If a tonometer, even a high-quality one, is not stored properly in a pharmacy, this will lead to deterioration in consumer characteristics and to inaccurate indicators when measuring pressure.

When the buyer makes a claim, he can indicate in its text the need for an examination. But the seller will pay for it, this is determined by the following legislative norms:

• Civil Code of the Russian Federation, articles 309, 310 and 503.
• “Law on the Protection of Consumer Rights”, Article 18.