Explaining to citizens the legislation on the protection of consumer rights when a product shortage is detected

Every person sooner or later faces a violation of his rights: he buys an expired product, inoperative household appliances, or low-quality clothing. In recent years, violations in the sale of goods via the Internet have become increasingly common. There are frequent cases of provision of services of inadequate quality by medical institutions, banks, repair organizations, and tour operators.

To ensure that consumers are not left alone with violators of their rights and have the opportunity to exercise their right to receive quality services and goods, the state has provided certain measures. They will be discussed in the article.

To obtain legal advice on issues related to consumer protection, call the indicated phone numbers or write to us on the website. The initial consultation is free of charge.

Concept of consumer protection

Any citizen has the right to receive a product or service of appropriate quality that is safe for his life and health. The law also guarantees him the right to full information and redress.

According to the Law of the Russian Federation “On the Protection of Consumer Rights” No. 2300-1 of 02/07/1992 (hereinafter referred to as the RFPP), a citizen-consumer has two options to protect his rights. At the first stage, pre-trial protection is provided, that is, actions in the claims procedure.

The buyer independently tries to resolve the issue, and the seller (manufacturer or performer) has the opportunity to voluntarily satisfy the consumer’s demands, if they are justified. In this way, the violated consumer right is restored.

At the second stage, the case goes through judicial (claim) proceedings. In addition to the buyer of goods or services himself, other authorized bodies involved in protecting the rights of citizens can apply to the court on his behalf.

Claim proceedings in most cases are beneficial to both parties. It allows you to quickly and without additional costs establish all the circumstances of the dispute and, if necessary, take measures to restore the buyer’s rights. It is recommended that you contact a professional lawyer to file a claim.

Features of consumer protection when purchasing low-quality goods

If their rights are violated, the first thing a person should do is contact the store where the low-quality product was purchased. First, he must prove the fact of purchase by presenting a check, receipt, or contract.

The seller is obliged, at the buyer’s request (according to paragraphs 2.4 of Article 503 of the Civil Code of the Russian Federation):

• exchange defective goods for the same, but of good quality, with compensation for the price difference;
• reduce the cost of the item proportionately if, for example, the defect is minor and the buyer himself eliminated it;
• eliminate defects free of charge;
• accept the purchase back with a refund of its cost, cancel the contract.

If any defects are found, you can return or exchange any product. Sometimes, before being returned to the store, the product is damaged due to complete or partial use. As a result, the product may lose some of its consumer properties or presentation. However, the seller does not have the right to withhold from the buyer the amount by which the value of the goods has decreased (clause 5, p. 503 of the Civil Code of the Russian Federation).

If the buyer does not want to return a defective product, he may demand a reduction in its value, compensation for the costs of correcting defects, a refund of the money paid for the product, or compensation for losses. The store is also given 10 days from the date of application to comply with these requirements (Article 22 of the LPA).

At the buyer's request, the store is obliged to provide him with a replacement during this period. This applies only to durable goods, except cars, motorcycles, ships, furniture, certain electrical appliances and civilian weapons. When such items are repaired, their temporary replacement with a similar one depends on the goodwill of the seller or the terms of the contract. Replacement is made free of charge within 3 days from the date of request.

After completion of the repair, the warranty period is extended by the number of days the product was under repair.

How is GO prescribed?

Customers specify warranty obligations and the supplier’s liability for violation of their fulfillment in each contract.
The rules for establishing and applying them are prescribed in civil legislation. The Civil Code regulates the guarantee for the quality of products sold (Article 470 of the Civil Code of the Russian Federation), for work performed (Article 722 of the Civil Code of the Russian Federation) and for construction work (Article 755 of the Civil Code of the Russian Federation). The warranty period under 44-FZ depends on the nature of the products supplied, work performed or services provided. The supplier provides a warranty for a period not less than that of the manufacturer.

If the technical documents for the supply of machinery and equipment contain warranty requirements, then the customer is obliged to specify in the procurement documentation what the warranty obligations are under 44-FZ: duration of obligations, volume of quality, requirements for service, maintenance costs, installation and commissioning equipment for the entire warranty period. The customer establishes in the documentation a strict requirement for such a period (for example, 5 years) in contract work on real estate on the basis of Art. 737 Civil Code.

ConsultantPlus experts analyzed what warranty obligations the contractor bears under a civil contract. Use these instructions for free.

To read, you will need access to the system: .

Protection of consumer rights if the product is of high quality

According to the law, the buyer has the right to return to the store even a product of proper quality if he is not satisfied with it for some reason, for example, the item does not fit in style, color, size, or configuration.

The legislation has developed a list of goods that cannot be exchanged or returned. This applies to food products, as well as:

• personal hygiene items;
• perfumes and cosmetics;
• fabrics;
• underwear, socks, stockings;
• medicines and medical equipment;
• dishes, tableware or kitchen utensils;
• packaging materials, containers for storing or transporting food;
• building materials sold by the meter;
• household chemicals, pesticides, agrochemicals;
• furniture;
• jewelry;
• complex consumer electronics;
• book or printed products;
• animals, plants;
• civilian weapons, ammunition.

All other products can be legally returned within 14 days from the date of purchase without giving any reason, even if they are of good quality. At the same time, the product must retain all its original consumer properties, labels and seals must be in place. (clause 1 of article 502 of the Civil Code of the Russian Federation, article 25 of the Law on the Protection of Consumer Rights).

When returning goods, it is advisable to provide a receipt for payment and packaging. Although the absence of a cash receipt or sales receipt, as well as any other supporting document, cannot serve as a basis for refusal to accept the goods back. This is regulated by clause 5 of Art. 18 of the Law on Protection of Consumer Rights. This violation is punishable by a fine of 50% of the amount awarded to the consumer by the court (Clause 6, Article 13 of the PPLA).

The lack of packaging and wearing parts that become unusable during use cannot be grounds for refusing to accept the product back. According to the law, only goods can be returned, that is, the main product, its components and accessories.

The buyer has the right to return goods of inadequate quality within 2 years from the date of purchase. He has the right to restore the quality and value of the goods, receive compensation for legal costs, legal fees, and moral damages at the seller’s expense.

How to determine the amount of security

Providing warranty obligations under 44-FZ is money or a bank guarantee that is provided to the customer for the period of service. In Part 6 of Art. 96 of the Law on the Contract System states that the amount of guarantee obligations under 44-FZ (OGO) does not exceed 10 percent of the initial (maximum) contract price (NMCP). The state customer himself determines the procedure and terms for providing security in the contract, even when he uses standard forms that do not contain such a provision. This is enshrined in paragraph 1 of Part 13 of Art. 34 44-FZ.

Deadlines for fulfilling buyer requirements according to law

If the buyer wishes to exchange or return the goods, the law sets the deadlines for the store to comply with his requirements. The law provides 10 days for refunds. They are issued in cash to the buyer, transferred to his card or account. All return costs are at the expense of the seller.

If the buyer requests a replacement product:

1. Replacement is made within 7 days from the date the buyer contacts the store.
2. If additional quality control of a faulty item is needed, this period is extended to 20 days from the date the buyer contacts the store.
3. If the seller does not have a suitable replacement item, he has the right to make a replacement within 30 days.
4. If these terms are violated, the seller pays a penalty for each day of delay (Article 30 of the LPA) in the amount of 10.5% per annum.

The store is given no more than 45 days to correct deficiencies. Usually the period is specified in the contract. If this clause is not in it, the store is obliged to eliminate the deficiencies in the minimum time period objectively necessary to eliminate them (clause 1 of article 20 of the LPA).

How to accept collateral

Accept before you sign the acceptance documents. The Law on the Contract System did not stipulate how to accept documents confirming the manufacturer’s and supplier’s warranty for goods 44-FZ, if the goods are delivered in parts (for example, the supplier ships computer equipment in batches).

According to Part 7.1 of Art. 94 44-FZ, the supplier does not provide warranty service when it closes a stage. But the deadline for the batch runs immediately after shipment and execution of acceptance documents. If you do not require guaranteed service for some of the products that the customer already has, then the fulfillment of these obligations is not guaranteed. When accepting in parts, require that obligations be provided for the volume of products already shipped.

IMPORTANT!

The total collateral provided should not exceed 10 percent of the NMCC.

Consumer protection when purchasing online

When purchasing goods online, the same laws and regulations apply as when purchasing in brick-and-mortar stores. A defective item or item can be returned before the end of its warranty period. If the product weighs more than 5 kg, the online store is responsible for its delivery to the service center. He takes care of the delivery to the service center or pays for it (clause 7, article 18 of the PZPP).

The product remains in the service center for a period of no more than 45 days (Clause 1, Article 20). If a certificate is issued stating that the product cannot be repaired, the seller is obliged to return the buyer’s money or make an exchange.

How to establish a guarantee for work

The quality of the work performed by the contractor must fully comply with the conditions established by the contract during the warranty period under the contract (Article 721 of the Civil Code of the Russian Federation). The contractor's liability occurs beyond the period specified in the contract, but within a 2-year period from the date of signing the acceptance certificate for the work performed, if the customer proves that the defects arose before the transfer of work (clause 4 of Article 724 of the Civil Code of the Russian Federation).

Here is one example of how to include warranty obligations under 44-FZ for work performed in a contract:

Where to go if consumer rights are violated

If his rights are violated and the seller refuses to satisfy his claims, the buyer has the right to file a corresponding complaint with one of the institutions whose responsibilities include protecting the interests of citizens.

List of institutions to contact:

1. Local branch of Rospotrebnadzor. A 24-hour toll-free hotline is provided for citizens.
2. Local branch of the Consumer Protection Society.
3. Department of the consumer market under local governments.
4. Prosecutor's office.

A complaint can be submitted by personal visit or through the MFC. And if contacting these organizations does not give the desired result, you need to go to court.

When does the warranty period begin?

The procedure for calculating the GS is regulated by Article 19 of the Law of the Russian Federation. The reference date is:

• the moment of transfer of the product to the buyer - if the contract does not establish the specifics of calculating the warranty period;
• day of manufacture - if it is impossible to determine the time of purchase of the goods;
• from the delivery date - in case of remote purchase or if the date of sale does not coincide with the moment of receipt;
• from the date of conclusion of the purchase and sale agreement - if it is impossible to determine the day of delivery, installation or assembly and connection;
• until the seller eliminates certain circumstances - if special installation is required or defects are found.

If we are talking about a purchase at a sale, then the warranty period is calculated according to the general rules - from the moment the item is transferred to the buyer.

Technically complex product

For household appliances and other technically complex goods, the warranty period is calculated in the standard way - from the moment of receipt by the buyer or from the delivery date, in the case of a remote purchase.

According to clause 4, part 1, art. 18 of the GDPR, if minor defects are found, such goods can be returned within 15 days. After this time has expired, a refund is possible if:

• significant deficiencies were discovered;
• deadlines for eliminating defects were not met;
• The product cannot be used for more than 30 days during each HS year due to repeated repairs.

The list of technically complex goods is established by Decree of the Government of the Russian Federation No. 924 of November 10, 2011.

Seasonal goods

For seasonal items that are intended for use during a certain period, separate rules are established for calculating the warranty period. It does not start from the date of purchase, but from the start of the relevant season.

If the purchase was made after the beginning of a specific time of year, the standard rules for calculating the warranty period apply - immediately after purchase or delivery, depending on the method.

The law does not establish an exact list of seasonal items, but in Art. 19 of the Law of the Russian Federation mentions clothing and footwear. It is believed that seasonal goods also include certain equipment, for example, skis or snowboards, which can only be used in winter.

To determine seasonality, you need to study the characteristics and operating rules of the product, as well as general information about it.

It is important to take into account that the beginning of each season is set separately in each subject of the Russian Federation in accordance with regional regulations.

Replaced item

According to Part 2 of Art. 21 of the GDPR, when replacing a product with another, the calculation of the warranty period begins anew - from the moment of transfer or delivery to the buyer.

If the parties do not provide additional conditions, the warranty period is determined in the standard manner.

Consumables

Consumables are materials whose service life depends on the intensity of use, for example, shoe heels, cartridges, automobile oil, etc.

As a general rule, the warranty does not apply to this category. Therefore, you cannot demand a free replacement of printers if, for example, the ink in the cartridge has run out or it has dried out due to prolonged inactivity.

Accessories and components

According to Part 3 of Art. 19 of the ZoPP, GS for individual parts is equal to that established for the main product, unless the contract stipulates otherwise:

• if the GS for the component is less than for the product itself, then you can make claims for quality, according to the period established for the main product;
• if the warranty period is longer than for the product, you should rely on it, even if the established time for the main product has expired.

If there is no warranty period

Establishing a warranty period is a manufacturer’s right, not an obligation. Therefore, this information may not be available upon purchase.

In this case, the buyer has the right to file claims within 2 years after purchasing the product, in accordance with clause 2, part 1 of art. 19 ZoPP.

Also, such a right arises if it is proven that the defects arose before the time of purchase.

Protection of consumer rights in court

Upon receipt of a written refusal from the store manager, the citizen has the right to file a claim in court. This document must be drawn up in compliance with certain rules. You can write it yourself or contact a lawyer.

The number of copies depends on the number of defendants in the case. If there are two defendants, 3 statements must be written: one for each, and the third is sent to the court.

The application is submitted during a personal visit to the court or by mail. The consideration of such cases is carried out by the magistrates' courts at the location of the plaintiff or defendant, or at the place where the contract was concluded. If the claim exceeds the amount of 50 thousand rubles or there is a demand for compensation for moral damage, you can appeal to the district court.

And if the plaintiff does not agree with the decision, then he can appeal it to a higher court. When a decision is made in favor of the consumer, bailiffs monitor compliance with the execution of this decision.

In addition to compensation for the cost of the goods, the plaintiff may receive compensation for moral damage, the amount of which is determined by the court and does not depend on the amount of compensation for property damage and losses incurred by the buyer (Article 15 of the PPA).

If the seller refuses to voluntarily compensate the buyer's claims in pre-trial order, he will be subject to a fine in favor of the buyer in the amount of 50% of the amount awarded to the plaintiff.

Guarantees in procurement for SMP and SONKO

From 01/01/2021, orders for SMP and SONKO are subject to general rules for establishing guarantee obligations in connection with the termination of the grace period until 12/31/2020 under Part 64 of Art. 112 44-FZ: the customer requires the provision of certification, if necessary.

Such suppliers are exempt from providing guarantee obligations under 44-FZ for SMP from 04/01/2020 if they provided information about three contracts without penalties, closed 3 years before filing an application for participation in an amount not less than the initial (maximum) contract price (Part. 8.1 Article 96 44-FZ). This rule applies if the customer has established a security requirement in the tender documentation. Accordingly, the amount of warranty obligations 44-FZ with the latest amendments in 2021 for SMP, if there are advantages in procurement, may be 0 rubles.

Why you can’t do without the help of a lawyer

In many cases, when stores or service providers ignore citizens' complaints and claims, many people simply abandon all attempts to achieve justice due to lack of time and knowledge. In this case, it is recommended to hire a lawyer who is guaranteed to help you win the case.

You should contact a specialist at the stage of filing a claim. A consumer rights lawyer will provide a free consultation, study all the intricacies of the case, and develop an action strategy.

With the help of a competent lawyer, you can:

1. Protect your rights pre-trial: return money, replace goods, properly complete all necessary documents, file a claim.
2. Organize legal proceedings to achieve a favorable result for yourself. In this case, you will not need to attend court hearings.
3. Compensate for damage if your life, health or property was harmed. A lawyer will help you file a claim against a store, medical institution, educational organizations, travel companies, repair and construction organizations.
4. Terminate the contract with the organization.
5. Organize interaction with government agencies, sellers of services and goods.

Without special knowledge, it is difficult to draw up a statement of claim or other document in such a way that it is accepted and becomes the basis for resolving the issue in favor of the plaintiff. In addition, the lawyer will assist in conducting the examination

Our attorneys and lawyers understand all the intricacies of the relationship between consumers and sellers. Many years of experience and excellent knowledge of the law help us expose all the tricks of sellers and bring them to justice. We undertake the full management of the case without the participation of the client from the moment of his application until a favorable result is obtained.

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