Article 469 of the Civil Code of the Russian Federation. Product quality. Relevant in 2021 and 2021. Latest edition

What is meant by product quality?

In the legal sense, quality is understood as such a set of properties of a product that is capable of satisfying the needs and requests of buyers of this product, and which allows it to meet its purpose and all the requirements. According to Article 469 of the Civil Code of the Russian Federation, the seller’s obligation is to provide the buyer with goods whose quality complies with the contract. A contract for the sale of goods does not always contain a condition on the quality of the thing being transferred. If nothing is written about quality in the agreement, then by law the product must still be suitable for the purposes for which it is usually used. According to paragraph 2 of Article 469 of the Civil Code of the Russian Federation, if, when purchasing an item, a citizen told the seller the purpose of his purchase - what he plans to use this product for, then the seller is obliged to transfer the item corresponding to this purpose. The quality of a product is generally determined by the measure of its compliance with the requirements of contracts, standards and consumer demands. Therefore, when a seller or supplier violates their obligation to provide the buyer with a quality product that meets the standards or the contract, the buyer has the right not to accept such a product, demand its replacement, return, or eliminate the defect if possible.

Filing a complaint to an online store

As a rule, purchases are often made via the Internet. When selling goods remotely, sellers must provide complete information about them to potential buyers through booklets, photographs, descriptions of characteristics on the store’s website, etc.

According to Article 26.1 of the Law, the customer has the right to refuse the purchase before receiving it at any time, and after delivery - within seven days. If the seller has not provided information about the procedure for terminating the contract and the deadline for filing a claim, a return is possible within three months after receiving the order.

Below are instructions on how to return a product to an online store:

make a written claim and send it to the seller by e-mail or to the postal address indicated on the online store website;
wait for a response from the official;
return the product that you are not satisfied with with its characteristics to the seller;
receive the money previously paid for the order.

It is worth noting that when returning the goods, the seller pays the consumer the entire amount of the order, but taking into account the deduction of the costs of sending to the specified address.

Before filing a claim with the online store, you can familiarize yourself with the standard document template presented on the website. If necessary, a qualified lawyer can draft the text of the appeal.

Have you purchased a product made to order by the seller according to individual parameters, and do not know how to return such a product? According to the fourth part of Article 26.1 of the Law, if a thing does not have any defects, its return is impossible. If there are any defects, the buyer has the right to refuse the goods on a general basis.

Can a product that does not comply with GOST be of high quality?

Based on clause 4 of Article 469 of the Civil Code of the Russian Federation, the seller provides the buyer with goods that meet the mandatory quality requirements. However, the provisions of this article do not directly provide for the possibility of recognizing as low-quality goods that do not meet these mandatory requirements. What is GOST? The abbreviation stands for state standard. In simple terms, this is a standard that is taken as the original during production. Previously, such standards regulated the production of almost all goods - from food to cars. However, today, for the most part, GOSTs are no longer mandatory and are applied voluntarily. They are divided into technical regulations and standards. And due to this division, the standards have lost their binding nature. But technical regulations, after registration with the Ministry of Justice, have the force of normative legal acts. So, today GOSTs are advisory in nature, so a product that does not comply with them may well be considered high quality. However, if a product does not comply with technical regulations, then its quality can be considered inadequate. Theorists share the concepts of “quality” and “good quality” of products. Good quality products are those that meet the requirements of technical regulations and standards. A product that is not subject to any government requirements can also be of high quality. If the product does not meet the technical specifications when the standards are applied to it, or does not comply with the contract, then it will be a product of inadequate quality. If during the manufacture of products the technology was violated and the product no longer meets the requirements established at the state level, then based on the recognition of this product as being of low quality, the contract with its seller can be terminated.

Making a complaint to the store

To return a product that does not meet the stated characteristics, the buyer will need to make a written claim and send it to the store, supplemented with copies of documents that can confirm the validity of the refusal to purchase.

The text of the claim must contain the following information:

store details;
personal information about the buyer (his full name, residential address, feedback methods);
name and characteristics of the purchased product;
date of purchase;
the essence of the problem (non-compliance of the item with the characteristics declared by the seller);
links to the regulatory framework;
list of documents supplementing the claim;
date of submission of the application to the store;
buyer's signature.

If any defect is discovered in the product, the buyer has the right to indicate in the text of the complaint his desire to take part in checking the quality of the product.

You can download a standard template for a claim for the return of a defective product that does not meet the stated characteristics here on the website or order its preparation from a specialist in the field of consumer protection.

The application to the store can be supplemented with copies of the purchase and sale agreement, receipt, warranty card and other documents that can prove the validity of the stated requirements.

There are three ways to send a claim to the store - submit it to the seller personally or through a representative, send it by registered mail or via courier delivery. In the first case, it is important to present two sets of documents to the store representative so that the official makes a note about the date of receipt of the application on one of them.

Does the seller's representative refuse to accept your claim? Send it along with additional documents by registered mail with acknowledgment of receipt in order to have a receipt on hand confirming compliance with the pre-trial procedure for resolving the dispute.

What can and cannot be returned

According to the law, you can return to the store any purchase with signs of defect, if storage conditions are violated or do not meet established standards:

spoiled or expired food products;
medications with damaged packaging, non-working tonometers, thermometers, nebulizers, etc.;
household chemicals, perfumes in defective containers;
shoes, clothes with defects;
complex navigation, satellite, household appliances;
cars, watercraft, aircraft.

An exception is products of appropriate quality, corresponding to the description and suitable for use.

Personal hygiene items, medicines, underwear, tights and other products listed in Government Decree No. 55 cannot be returned to the seller.

The company may refuse to issue a return if the client decides to return a working snowmobile, car, navigator, satellite television set and other equipment that belongs to the category of complex devices and is included in the list approved by Government Decree No. 924.

At the same time, the quality of the product must comply with current interstate and industry standards and technical specifications approved by the manufacturer.

Non-compliance with the stated characteristics of the product article

In accordance with the requirements of the Federal Law “On the Protection of Consumer Rights”, if at the time of purchasing a product the seller misled you by providing obviously false information about it, how in your case can you interpret the false inscription on the packaging and receipt about the device being a fifth generation , you have the right to return the goods to an unscrupulous seller. Sign the claim and make a copy of it, then give it to the Euroset store where you purchased the product and ask for a receipt stamp to be placed on your copy.

In relation to goods for which warranty periods or expiration dates have not been established, the consumer has the right to make these demands if defects in the goods are discovered within a reasonable time, but within two years from the date of their transfer to the consumer, unless longer periods are established by law or contract. In my case, only the service life of the product was set to 2 years. In connection with the above, I DEMAND, within the time limits established by law: 1. or replace it with a product of the same brand (same model and (or) article) but of proper quality with the declared characteristics, namely, a playhouse with a metal frame, and not with a plastic one which one was sold to me; 2. The warranty period for components and components is calculated in the same manner as for the main product; it cannot be less than for the main product, unless otherwise established by the contract.

When the seller is right to refuse the client

The law will be on the side of the company if:

the client filed a complaint about quality or defects after the end of the two-week period - for any purchases, except equipment and non-returnable products;
There are no factory tags or labels on the product;
there are signs of use - stains on clothes, dirty soles of shoes, scratches on the body, etc.;
the presentation is damaged after sale;
The defect was caused by the buyer.

In other cases, you can return a low-quality item without a receipt or even packaging.

How to obtain similar equipment during repairs

In accordance with Article 20 of the RFP, during repairs or examination, the buyer can receive a similar model for temporary use free of charge. Consumers often do not know about this and sellers are silent about it. If the store refuses to issue equipment from the replacement stock, the client has the right to demand compensation for losses due to the purchase of a low-quality product or product.

Exceptions include cars, other vehicles and watercraft, furniture, weapons, jewelry and items intended for personal use: hair dryers, razors, depilatories, electric toothbrushes, etc.

But you can borrow a smartphone, refrigerator, laptop or kettle - just show your awareness, remind about your rights and inform about your plans to demand compensation for damage.

Letter of non-compliance of the product with the stated characteristics

How to correctly record the non-conformity of the goods that were delivered? If, during acceptance of the goods, the customer discovers that the quantity of goods supplied does not correspond to the quantity specified in the agreement of the parties, it becomes necessary to document this violation. It is for such cases that the following filling samples have been created:

...do not match in their completeness...
...does not meet the level provided...

Upon receiving the goods...
When unloading products...
In the process of providing services...
During testing...
With the start of installation...
During equipment setup it was discovered...
Assembly of the product showed that...
At the end of the trial operation, it was found that...
As a result, it was established...

...product damage...
...discrepancy between the actual quantity of goods supplied and that indicated in the accompanying documents...
...inconsistency in the quality of the following types of services...
...violation of service procedures...

The goods transferred to us turned out to be...

...of lower quality than...

What to do if your refund is refused

The seller (manufacturer) may not make concessions and refuse to fulfill the requirements of the claim. If the store does not want to accept the item, then the consumer has two ways to restore justice: Rospotrebnadzor and the court.

Compose an appeal that briefly summarizes the information from the complaint. The act itself will be an attachment to the appeal. The listed documentation should be sent to the territorial division of the supervisory authority.

The court is a traditional way of protecting one’s rights, but it is unprofitable if the value of the dispute is small, but the trial will be a key stage in a conflict over expensive things. The process will require the buyer to file a statement of claim. The document must describe in detail the circumstances of the conflict and justify your demands. It is recommended to maintain legal literacy - this is the best weapon for convincing a judge that you are right.

Refund due to non-compliance with stated specifications

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The waterproof properties of the keyboard are unique. Accidentally spilling liquid on the keyboard will not damage it. The A4Tech X7-G600 gaming model is designed to triple the weight of conventional keyboards to provide greater stability during intense gaming battles. “-holes taped with paper, what the hell with water resistance.

Return of Goods Non-compliance with the Declared Characteristics

In accordance with Part 1 of Article 18 of the Law of the Russian Federation “On the Protection of Consumer Rights”, the Consumer, in the event of detection of defects in the product, if they were not specified by the seller, at his own choice has the right: to demand replacement with a product of the same brand (the same model and (or) article); demand replacement with the same product of another brand (model, article) with a corresponding recalculation of the purchase price; demand immediate free elimination of defects in the goods or reimbursement of costs for their correction by the consumer or a third party; refuse to fulfill the purchase and sale agreement and demand a refund of the amount paid for the goods. At the request of the seller and at his expense, the consumer must return the defective product. In accordance with Part 5 of Art. 18 of the Law of the Russian Federation “On the Protection of Consumer Rights”. The consumer's absence of a cash or sales receipt or other document certifying the fact and conditions of purchase of the goods is not grounds for refusal to satisfy his requirements. The seller (manufacturer), authorized organization or authorized individual entrepreneur, importer are obliged to accept goods of inadequate quality from the consumer and, if necessary, carry out a quality check of the goods. The consumer has the right to participate in checking the quality of the product. In the event of a dispute about the reasons for the occurrence of defects in the goods, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, or the importer are obliged to conduct an examination of the goods at their own expense. The examination of goods is carried out within the time limits established by Articles 20, 21 and 22 of this Law to satisfy the relevant consumer requirements. The consumer has the right to be present during the examination of the goods and, in case of disagreement with its results, to challenge the conclusion of such examination in court. In my case, I consider it inappropriate to carry out a quality check of the product and (or) its examination, since the fact that the frame of the house is made not of metal, as stated in the characteristics of the product, but of plastic, can be determined at a glance by any person who does not have special knowledge, that in turn, can also be confirmed with an ordinary magnet. In accordance with. Part 1, 2. Art. 19 of the Law of the Russian Federation “On the Protection of Consumer Rights” The consumer has the right to present the requirements provided for in Article 18 of this Law to the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) regarding defects in the product if they are discovered during the warranty period or expiration date. In relation to goods for which warranty periods or expiration dates have not been established, the consumer has the right to make these demands if defects in the goods are discovered within a reasonable time, but within two years from the date of their transfer to the consumer, unless longer periods are established by law or contract. In my case, only the service life of the product was set to 2 years. In connection with the above, I DEMAND, within the time limits established by law: 1. or replace it with a product of the same brand (same model and (or) article) but of proper quality with the declared characteristics, namely, a playhouse with a metal frame, and not with a plastic one which one was sold to me; 2. or immediately eliminate the defects of the product free of charge by replacing my existing cracked frame of the playhouse with a metal one with the same geometric characteristics; If it is impossible to fulfill my requirements indicated in positions 1 and 2, I refuse to fulfill the sales contract and demand a refund of the amount paid for the goods in the amount of 1033 rubles. In this case, please indicate by telephone or by email the place and time when and where I should return the purchased item with defects. If the stated requirements are not met within the prescribed period, I intend to file a claim in defense of my rights in the courts with the requirements specified in the claim, as well as a demand for compensation for moral damage; court, in accordance with Art. 13 of the Law on the Protection of Consumer Rights, imposes a fine on the seller for failure to comply with consumer requirements voluntarily. Your organization may also be charged a state duty and an enforcement fee.

I bought a product that did not meet the stated characteristics, filed a claim with the seller, they prepared an answer for me with the approximate wording “file a claim with the manufacturer, he put the wrong thing in the box, and we are not obligated to monitor this.” To be honest, I’m perplexed - how can this be, now I’m wondering if it makes sense to file a claim, please advise anyone on what they can do

Product non-compliance with declared characteristics

I believe that in this case, you should first contact the “dealer” with a written complaint, because the phrase “go to court” is common among them. After an official written response, it will be possible to choose a position and initiate a lawsuit.

The situation is as follows, I purchased a car in the most complete configuration with additional equipment, in the contract and when purchasing the seller it was stated that the steering wheel, interior trim and inserts on the interior doors were genuine leather, subsequently after purchasing the car and after 1 month, I discovered that this is not leather, but ordinary leatherette, which, as everyone knows, is much cheaper and less wear-resistant than leather. The contract says that this is all LEATHER, I contacted the seller with a demand to reduce the cost and reimburse the difference, I was refused and asked to go to court. They said that this is what the Official Manufacturer states in the documents, but they are official dealers and the agreement was concluded with them by LLC.” “, and not with General Motors, which supposedly sends such documents, what should I do? Where to contact? What to expect? This is pure deception.

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Arbitrage practice

Government agencies in most cases side with the consumer. All the buyer needs to do is demonstrate to the court the shortcomings of the item and indicate their right to return.

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