Sample claim for replacement of goods of inadequate quality

Sample claim for replacement of goods of inadequate quality

In this regard , it is recommended to submit a request for a refund in writing , which will be considered within 10 days, and to verbally agree on a replacement.

Name, address of the selling organization _______________________________________ Full name, address, contact telephone number of the consumer _______________________________________

CLAIM

“___”____200__ I purchased from you ________ (name, description of goods) worth _____ rubles, which is confirmed by ______ (sales receipt, cash receipt, receipt, invoice, other document). “___”____200_, during the operation of the product, the following shortcomings were discovered in it: _________ (description).

According to Art. 4 of the Law of the Russian Federation “On the Protection of Consumer Rights” the seller is obliged to transfer the goods, the quality of which corresponds to the contract. If there are no conditions in the contract regarding the quality of the goods, the seller is obliged to transfer to the consumer goods that meet the usual requirements and are suitable for the purposes for which goods of this kind are usually used. If the seller, when concluding the contract, was informed by the consumer about the specific purposes for purchasing the goods, the seller is obliged to transfer to the consumer the goods suitable for use in accordance with these purposes. When selling a product based on a sample and (or) description, the seller is obliged to transfer to the consumer a product that matches the sample and (or) description. In accordance with Art. 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 discretion has the right to: - demand replacement with a product of the same brand (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 a proportionate reduction in 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 execute the sales contract 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 this case, the consumer also has the right to demand full compensation for losses caused to him as a result of the sale of goods of inadequate quality. Losses are compensated within the time limits established by this Law to satisfy the relevant consumer requirements. 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 (Clause 5 of Article 18 of the Law). According to clause 5 of Article 18 of the Law of the Russian Federation “On the Protection of Consumer Rights,” the seller is obliged to accept goods of inadequate quality from the consumer and, if necessary, check the quality of the goods. The consumer has the right to participate in checking the quality of the product . In case of a dispute about the reasons for the occurrence of defects in the goods, the seller is obliged to conduct an examination of the goods at his 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 accordance with Art. 24 of the Law of the Russian Federation “On the Protection of Consumer Rights”, when replacing a product of inadequate quality with a product of the same brand (same model and (or) article), the price of the product is not recalculated . When replacing a product of inadequate quality with the same product of another brand (model, article), if the price of the product to be replaced is lower than the price of the product provided in exchange, the consumer must pay the difference in prices ; if the price of the goods to be replaced is higher than the price of the goods provided in exchange, the difference in prices is paid to the consumer. In accordance with Art. 21 of the Law of the Russian Federation “On the Protection of Consumer Rights”, in the event that a consumer discovers defects in a product and submits a demand for its replacement the seller is obliged to replace such a product within seven days from the date of presentation of this demand by the consumer, and if additional verification of the quality of such a product by the seller is necessary - within twenty days from the date of presentation of the said demand. In accordance with Art. 23 of the Law of the Russian Federation “On the Protection of Consumer Rights” for violation of the deadline provided for in Article 21 of this Law, the seller who committed such violations pays the consumer a penalty (penalty) in the amount of one percent of the price of the goods for each day of delay. In case of failure to comply with the consumer's requirements within the time limits provided for in Art. 21 of this Law, the consumer has the right, at his choice, to present other requirements established by Article 18 of this Law.

In connection with the above, I demand:

1. Replace the product with _____ (indicate one of the options: a similar one or a product of a different brand).

2. If it is necessary to conduct a quality check, I ask you to notify me of the date, place and time of its conduct, in order to ensure my presence. The product for quality control/expertise will be provided by me personally.

In case of refusal to satisfy my demands, I will be forced to contact Rospotrebnadzor to verify compliance with legislation on the protection of consumer rights ______ (name of the seller), as well as to the court to protect my interests, where, in addition to the above requirements, others will be put forward, including including the collection of a penalty for delay in satisfying consumer demands, compensation for moral damage, reimbursement of expenses for the services of a representative and other legal costs. In addition, the court will collect a fine from you for failure to voluntarily satisfy the consumer’s requirements in the amount of 50% of the amount awarded by the court in favor of the consumer in accordance with Article 13 of the Law of the Russian Federation “On the Protection of Consumer Rights”. I ask you to consider my claim on a voluntary basis.

Date: Signature:

RECEIPT FOR RECEIPT OF CLAIM

CLAIM ACCEPTED BY ________________________________/_______________ (full name, position) (signature) “____” ______ 201__

m.p.

Return policy for household appliances

According to the law, the buyer has the right to contact the seller within 14 days and return the goods purchased from him, but this does not apply to technically complex goods, and household appliances are classified as technically complex product groups, so returning household appliances is not always possible.

It is necessary to understand the quality of the product, and not subjective opinions regarding the purchased item. You must provide a sales receipt (or sales receipt) and the product itself in the box. It is important that the warranty seals are retained on the returned equipment.

In the event that the product does not live up to expectations and is of poor quality, it must be returned to the seller to decide on further steps; alternatively, you can try to proportionately reduce the price of the purchased item. The seller will inspect the goods to make sure there are no attempts to open the equipment. Often, buyers lose their receipt and are refused by the store when they ask to accept the goods. This is contrary to the law, since the equipment is accepted without a receipt, the seller simply takes advantage of the legal illiteracy of consumers. Remember that you have many rights when it comes to returning home appliances.

USEFUL: watch a video on the topic of returning goods to a store and write your questions in the comments of the video on the YouTube channel to get advice from a consumer protection lawyer

Examination of faulty household appliances

An examination of the fault is only necessary if a dispute has arisen between the buyer and the seller about the causes of the fault.

It is the seller's responsibility to conduct an examination. The seller carries out the examination at his own expense and within the time period necessary to satisfy the consumer’s requirements - 20 days.

If the results of the examination indicate that the cause of the breakdown was not the fault of the seller, then the buyer is obliged to reimburse the cost of the examination and related expenses for its implementation (transportation and storage of goods).

How to send

The 2021 claim sample can be submitted to the supplier in several ways:

• by email;
• by fax;
• by regular mail;
• with courier;
• deliver in person.

At the same time, it is important to record that the claim (the template of which you can download at the end of the article) was received by the supplier. Usually, this is done by putting a mark on the copy that remains with the sender. Therefore, sending by email or fax is not always suitable. When sending documents by regular mail, it is possible to create an inventory of the attachment - this is an additional guarantee that the supplier has received the entire package of documents. Often such complaints are sent in two ways: by e-mail and by regular mail or courier.

List of complex household appliances that cannot be returned

The list of complex equipment that cannot be returned is approved, supplemented and updated by the Government. Currently the list contains the following household appliances:

• Smartphones with a touch screen and navigation function, navigators and car recorders with additional functions, GPS trackers with communication functions and other multifunctional gadgets.
• Personal computers of all types - laptops, system units, etc.
• Monitors with control unit
• Multifunctional devices (printer-scanner, printer-scanner-copier, etc.) laser or inkjet
• Kit for receiving satellite TV signal
• Game consoles with control unit
• TVs and projectors
• Digital cameras, digital video cameras and optics
• Large household appliances - refrigerator, freezer, dishwashers, washing machines, dryers, electric water heaters
• Kitchen appliances - food processors, coffee machines, hobs, ovens, built-in microwave ovens, robot vacuum cleaners
• Wrist and pocket watches with two or more functions
• Electrified hand and portable electric tools.

Results

If a discrepancy between the supplied goods of domestic origin and the accompanying documents is detected, it is necessary to draw up a report in the TORG-2 form.
A specially created commission examines the condition of the containers and goods and enters data into the relevant sections of the document. The act will serve as the basis for the buyer’s demand for a replacement of the product or a refund. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

What to do if your claim for the return of household appliances is rejected?

Refusal to satisfy a claim for the return of goods must be issued in the form of a written response to the buyer’s claim.

If the seller seeks to return the goods by simply signing a transfer certificate after considering the claim, it is worth first asking for a written response.

The grounds for refusing to return household appliances may vary.

If the buyer considers such grounds to be illegal and violate his rights, they have the right to seek legal protection.

USEFUL: write the statement of claim correctly, our lawyer will help you file a claim in court for the return of household appliances within 24 hours

Help from a lawyer for the return of household appliances in Yekaterinburg

There are many reasons why a buyer may decide to return a household appliance, and he believes that the law does not oblige him to give this reason. Don't like the picture quality produced by your TV? Not satisfied with the functionality of the washing machine? Found a cheaper product? Then the consumer believes that he has all the rights to return the equipment to the store, receiving his money back, or making an exchange. But this is not always the case (read more about the work of our lawyers on the issue of returning goods to the seller using the link).

When faced with such a situation, the best option would be to contact our lawyers; they will help you correctly draw up a claim for the return of household appliances and other documents, and offer the most effective return schemes and interaction with the seller.