Is it possible to return the TV within 14 days if you don’t like it?

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Published: 10/02/2018

Reading time: 8 min

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The process of returning such technically complex goods as a TV is regulated by the Law of the Russian Federation No. 2300-1 “On the Protection of Consumer Rights” (ZoPP), the Decree of the Government of the Russian Federation No. 55 “On approval of the Rules for the sale of certain types of goods...” and the Plenum of the Supreme Court of the Russian Federation No. 17 “ On the consideration by courts of civil cases in disputes regarding the protection of consumer rights”, Civil Code of the Russian Federation, and other regulatory documents.

For what reason can I return the TV to the store within 15 days?
How to return the TV to the store within 15 days? If the TV is of good quality
If the TV is defective

What to do if the seller refuses to return it?

Returning goods of proper quality

The Law “On the Protection of Consumer Rights” provides for the opportunity to return a good product that corresponds to the declared quality if it does not fit in shape, size, style, or does not satisfy any aesthetic requirement of the consumer.
This right is provided for in Art. 25. It can be sold within 14 days , excluding the day on which the purchase and sale agreement was completed.

But the norm is not about exchanging it for money, but about replacing it with another product that the consumer would like . If it is not available, but the consumer is ready to wait, then an agreement is concluded according to which the seller undertakes to immediately notify about the arrival of the desired product.

And only if a similar product is not found is it possible to get the money back. They are returned within 3 days from the date of application. Two conditions apply to such returns:

the product must retain its consumer properties, that is, it can be sold to another buyer as new, all tags, tags and labels are preserved;
The product is not included in the list of products that cannot be exchanged.

This list was approved by Government Decree No. 55 of January 19, 1998. It is a list of products that are considered technically complex. Clause 11 of this document states that household goods that are technically complex are not returned if they are of appropriate quality. The standard provides a breakdown of what exactly belongs to this group of goods, including household radio-electronic equipment. The TV belongs to such equipment.

Therefore, the answer to the question: is it possible to return a TV to the store if you don’t like it? is obvious. No, you cannot return the TV if you don’t like it at any time.

Legislator's position

According to the current legislation of the Russian Federation, the process of returning all technically complex items (the legislator also includes televisions in this category) is regulated by the norms and provisions of the RFPP, that is, by the Law of the Russian Federation No. 2300-1 “On the Protection of Consumer Rights”, namely by the Decree of the Government of the Russian Federation No. 55 “On approval of the Rules for the sale of certain types of goods...”, as well as the Plenum of the Supreme Court of the Russian Federation No. 17 “On the consideration by courts of civil cases in disputes on the protection of consumer rights” and certain provisions of the Civil Code of the Russian Federation.

When can you demand your money back?

But there are cases when it is possible to refuse a product and make demands for a refund. When a product is found to have a discrepancy in quality, it is possible to return the TV to the store within 15 days from the date it was purchased.

Inadequate quality refers to any deviation from the characteristics and criteria that the product must have, in accordance with the law or the terms of the contract. Art. 18 of the PPP provides for the consumer to choose from two requests:

exchange for a similar or other product with recalculation of the price. That is, if the TV being exchanged is more expensive, the seller must return the difference; if it is cheaper, the buyer must pay extra;
return the funds.

Paragraph 38 of the Resolution of the Plenum of the Supreme Court No. 17 of June 28, 2012 clarifies that in this case the degree of deviation from quality standards does not matter, these may be completely insignificant shortcomings , the limitation is only in time, the appeal must occur within 15 days.

The RFP describes a case where an exchange is possible at a later date .

Discovery of a significant deficiency . This concept is deciphered in the same Resolution of the Plenum of the Supreme Court No. 17. It says that these are cases when it is necessary to spend too much time or money on repairs. The maximum cost for repairs is determined by the court, taking into account the characteristics of a particular product, but, as a rule, it is guided by an amount equal to or greater than the price of the product.
When, despite the fact that a claim was submitted to the seller containing a requirement to repair the TV, the seller did not do this on time . When determining the timing, a reasonable number of days is taken that are usually applicable for the production of this type of work. The term is determined in the agreement by the consumer. Art. 20 of the RFP determines only the maximum period for repairs of 45 days. As a rule, sellers use this deadline, forgetting that setting the time is the right of the consumer himself.
Endless repairs and correction of defects lead to a long absence of goods from the consumer, such that he cannot use it for more than a month in each warranty year. We are not talking about the time period when the consumer had the goods, but about their total quantity, that is, they may not be consecutive. And not about the entire warranty period, but only about one calendar year in it.

Banding

If you see stripes of a different shade on the screen of household appliances, this is banding (“stripes”).
It can be permanent or periodic. If you watch regular programs, then when you move the camera, the defect will appear in uniform gray areas. The picture will darken and the image will have jagged edges. Therefore, the viewer becomes uncomfortable while watching. Most often, the defect occurs on IPS matrix and OLED panels, and is almost completely absent on VA matrix. The main reasons for “banding” are:

Pressure arises inside the matrix;
The matrix has a manufacturing defect;
Electronic interference;
Matrix delamination;
Board bending;
Dust accumulation.

To detect banding, it is enough to send a uniform gray field from any external media (for example, a flash drive) to the TV screen.
There are two options for getting rid of “banding”. The first is to reduce the brightness in the image settings. As bright colors become more visible, banding will become less noticeable. The second way is to replace the matrix. The procedure is expensive, and as a result, the matrix may be even worse. The third, most optimal option is to return and exchange the product if a defect is discovered immediately after purchase. It is worth considering that for many inexpensive TVs this defect is the norm.

Time to file a claim

The time for filing a claim for replacement or refund is limited by the warranty period or expiration date . These time periods must be specified in the documents attached to the purchase or on the product itself. If they are not indicated, then they are considered to be equal to 2 years. If real estate was purchased, 5 years.

The period begins to count from the moment the consumer purchases the goods. If it is not possible to establish the exact date, then the starting point is the production date. If the TV was purchased in an online store, or by any other remote method, then the day the warranty begins will be considered the day of its delivery.

But the law provides for cases when you can make demands later . For example, when the guarantee is less than the maximum value , then you can use the right of return for a period of up to 2 years if the purchaser proves that the quality discrepancy arose before the product was transferred to him .

Please note that, as a rule, the period for televisions is set by the manufacturer for 12 months. If you are absolutely sure that a defect occurred before it was handed over to you, contact the manufacturer after the specified year has passed.

If the shortcomings fall into the “significant” category, then you can ask for the TV to be repaired after 2 years, but within the service life . This period must also be specified in the contract; if it is not specified, it is considered to be 10 years. Documents for a TV usually say 5 years.

In this case, the requirement is satisfied - to eliminate the deficiencies within 20 days. If this is not done, then you can ask for a refund. In this situation, the answer to the question: Is it possible to return the TV within 14 days will be different. Yes, this can be done within 15 days if there are any defects in it.

Features of calculating the warranty period

When the TV has already been sent in for repair, the warranty period does not expire while it is being manufactured. That is, from the total period a period equal to the number of days is subtracted from the moment the request is made to eliminate the defects until the moment it is returned to the buyer.

If any parts were replaced, then the TV warranty will be calculated from the date of installation of these parts and is equal to the period specified for them.
These are general rules that can be changed by the rules established by the contract.
If the TV had to be replaced with components that do not perform important functions, for example, the power button, then, naturally, the expiration date will not change after its replacement.

According to the rules of paragraph 5 of Art. 18 ZPP and Art. 493 of the Civil Code, the buyer does not have to bring a receipt with him . If he has other ways to confirm the payment, he can use them. Such evidence must be accepted by the seller and cannot serve as a reason for refusing to accept the goods.

If the purchase was actually made in cash, then you can invite witnesses who can confirm the fact of the purchase. If the payment was made non-cash, using a card, then you can provide an account statement confirming the transaction.

If the TV was purchased remotely, then it is also possible to use an extract or document confirming the fulfillment of the customer’s order by the electronic media operator.

Heterogeneity of the screen and backlight

The next check concerns color field uniformity.
A video signal of one color is supplied to the television input. It should have no color shades. However, on monitors with LED backlighting it is difficult to achieve such uniformity during illumination. Moreover, such a defect is not considered a breakdown. Therefore, after the purchase, the store will not accept the buyer’s claims. Therefore, inspection must be done before purchasing! There are 4 types of such defects:

Banding;
Highlights;
EGE (Dirty Screen Effect)
Tint.

Return rules

Now let's look at how to return the TV to the store.

Drawing up an appeal

After discovering deficiencies in it, we write a claim addressed to the person who sold you the TV, or its manufacturer. We remember that we only have 15 days , so we hurry up. Situations when a deficiency is considered significant are quite rare, so we do not count on increasing the period.

In the complaint,
we indicate the opponent’s data, our full name and coordinates where the response should be sent, if required.
It would be better to indicate your mobile phone number, then, after making a decision on the issue, the seller will be able to contact you faster. In the document itself we indicate where, when and for what subject the purchase and sale agreement was concluded . We describe how and what shortcomings were discovered.

We formulate requests. According to the rules of Art. 18 ZPP, this is not necessarily a return. You can ask for repairs, ask to replace the TV with the same one or choose another one, ask for a discount on what you purchased, or pay for the work of a third-party organization, which, at the request of the customer, eliminated the defects. We put a date and signature.

The document is drawn up in two copies , one remains with you, the second is given to the seller. On the copy that remains in hand, the receiving employee must put a date, signature or seal. You can submit a claim in person, through a representative, using a notarized power of attorney, or send it by mail.

Is it possible to return an item without packaging? Read here.

Checking the TV

But the main problem is that you will need to return the TV itself , since the seller must check the reality of your claims. Please note that if it was purchased online, the seller must pay for transportation from the buyer . For the traditional way of shopping, this rule only works if it weighs more than 5 kg.

If the seller evades his responsibility, then the consumer can transport the goods himself, and then issue an invoice to the opponent, asking him to return the money spent. Quality control is not an examination; it is carried out by the seller himself.

If doubts arise about the reasons for the occurrence of deficiencies, an independent examination may be carried out . During this process, a buyer may be found. When he sees that during the inspection some violations were committed, then he should ask to include his opinion in the act, which must be drawn up based on the test result, and then challenge it.

The examination itself is paid by the seller. But if it is proven that the defects arose due to improper use of the goods by the buyer, then he will be obliged to reimburse all expenses incurred by the seller in implementing the procedures described above. These include not only payment for the inspection, but transportation, storage, etc.

Providing similar products

If you request a correction or exchange, you have the right to request a similar item until the first request is fulfilled . If you ask for defects to be corrected, then the claim can include a request to provide you with a different TV set during the repair. It must be completed within three days, and delivery is carried out by the seller.

When you ask to replace the product, but the seller cannot do this within seven days, then the request to provide products that can also be used, that is, another TV, is also satisfied within 3 days. Sellers are not obligated to do this without your request. Government Resolution No. 55 approved a list of products that are not subject to the requirement to provide an analogue, and televisions do not belong to them.

Content:

1 Dead pixels
2 Heterogeneity of the screen and backlight
3 Banding
4 Highlights
5 Tint
6 Other defects
7 Checks 7.1 “Pencil” test
7.2 Checking sounds
7.3 Checking connectors
7.4 Network check

8 Conclusion

Any product must be checked before purchasing. TVs are no exception. However, in most stores, checking comes down to turning on household appliances, changing channels using the remote control, and, practically, that's it. As a last resort, the buyer will ask not to turn off the device for 10 minutes, look for scratches on the panel (especially for women) and plug 1-2 cables into the connectors to check their functionality. If nothing happens during these 10-15 minutes and the picture on the screen suits the consumer, he takes the TV.

But to prevent unpleasant surprises, an external inspection, a working remote control and checking the connectors are not enough. Therefore, we will talk below about how to check household appliances. True, not all stores will be ready for this and will be able to provide everything you need. But our job is to show you a full-fledged check, and your job is to put them into practice.

So, let's go.

Other ways to protect rights

If after filing a claim there is no reaction, or it does not satisfy your requirements, then feel free to go to court. You can file a complaint with other structures, for example, Rospotrebnadzor, which can fine the seller for failure to comply with requirements on a voluntary basis.

But the PPA establishes that consumer protection, with the ability to compel compliance with consumer demands, is available only to the court.

Highlights

Highlights refer to light areas that are noticeable against a black background. They can be of different sizes and cause an effect of increased brightness in a certain area of the monitor. Therefore, the quality of the screen for glare is checked in a dark room. It is necessary to curtain the windows, turn off the lights and set the backlight level on the TV to maximum. All modes that can improve the picture should be disabled. This:

Eco sensor;
Black level adjustment;
Dynamic backlight, etc.

The shutdown is done so that household appliances cannot adjust the backlight during testing.
However, errors may occur when feeding a black frame. Because the TV will turn off the backlight completely with such a picture. Consequently, to detect highlights, a black picture is presented with bright elements. An example would be a black background with white titles on it. This is how movies usually end. The presence of glare must be checked from a distance. Pay special attention to the corners of the screen. For normal viewing, minimal glare is allowed.

Other defects

We also note the following common malfunctions:

Cooling system. There may be two reasons. The first is dust accumulated in radiators. You can clean them yourself. The second is the failure of the thermal paste located under the central chips;
Receiver/antenna. You need to check the contact connections of the wire to the TV. The external receiver may not work;
Video processor. If it fails, the user will see a distorted image in the form of vertical/horizontal stripes on the TV screen. To identify a breakdown, special diagnostics in the service are required.