How to return or exchange a technically complex product?

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A consumer, purchasing a structurally complex product, does not always know: in the event of an unsuccessful purchase, the mechanism for returning it is much more labor-intensive compared to simple goods. There are often situations where, by paying for an examination, the consumer ends up losing both money and purchases.

For your information

Considering the relatively high cost of technically complex products, you should not neglect studying your rights. To avoid unnecessary problems, it is better to immediately familiarize yourself with all the nuances of the future transaction. How to return a technically complex product back to the seller?

Normative base

The main regulatory framework governing the rules for the purchase and sale of products with complex internal structures is:

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• Part II of the Civil Code of the Russian Federation No. 14-FZ dated January 26, 1996
• Decree of the Government of the Russian Federation No. 55 of January 19, 1998
• Decree of the Government of the Russian Federation No. 924 of November 10, 2011
• Law of the Russian Federation No. 2300-1 of 02/07/1992

Buyer's rights

If defects are detected in a technically complex product, the rights of the consumer are defined in Article 18 of the Law “On the Protection of Consumer Rights”.

1. If deficiencies are identified, the buyer can return a low-quality product with a complex internal structure, demand a refund of the amount paid, or exchange it for a quality product within 2 weeks inclusive of the purchase of this product.
2. Upon completion of the 14-day period after the purchase of a structurally complex purchase, the consumer may make the above claims only if the defect is considered significant.

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Seller's rights

When returning a technically complex product, the seller has the right:

1. Check the defect discovered by the buyer. And if it is missing or the consumer’s involvement in the product malfunction is revealed, refuse to accept the return.
2. Do not accept back a product with a complex internal structure of proper quality.
3. Require identification from the buyer to properly process return documents.
4. If more than 14 days have passed since the transaction, determine whether the deficiency is considered significant. As a rule, simply checking the serviceability of the device is not enough; professional expertise is required. If the warranty period is valid, it is paid by the seller; if it has expired, the buyer pays.

Product quality check

Expert verification of technically complex goods is also carried out at the initiative of the seller. The purpose of the examination is to find the cause of the defect in a controversial situation. The store pays for the procedure, but if the check shows that the deficiency is not the seller’s fault, the buyer will have to compensate for the costs. The owner of the goods has the right to observe the expert’s work and take photographs. If the store refuses to return the money and the court decides to resolve the problem, this data may serve as arguments in favor of the plaintiff.

Which products are technically complex?

According to the list approved by Decree of the Government of the Russian Federation No. 924 dated November 10, 2011, structurally complex goods include:

Amendments to the list

The latest changes to the list were made in 2021. The list of kitchen appliances has been significantly expanded compared to the previous edition.

Added to it:

• combined refrigerator-freezers;
• all electric water heaters;
• combines;
• dryers and washer-dryers;
• robot vacuum cleaners;
• gas-electric hobs;
• built-in microwave ovens.

Refrigerators, freezers, and ovens were already on the list.

The cost of the consumer basket in 2019-2020 in Russia - official data

Return Policy

To understand the conditions for returning technically complex goods, you need to decide on the type of equipment being returned. It can be high quality or low quality.

Attention

Decree of the Government of the Russian Federation dated January 19, 1998 No. 55 legally determines that a product of high quality, related to structurally complex equipment, cannot be returned to the seller or exchanged.

A device of poor quality in this category can be returned. The mechanism for transferring goods back to the store depends on the time that has elapsed since the date of purchase.

The buyer must return a defective technically complex product no later than two weeks inclusive from the date of its purchase.

IMPORTANT

During the purchase and sale transaction, it is necessary to save all payment documents. If they are available, it is enough to simply confirm the fact and date of a technically complex purchase in a specific store.

Each claim against the seller must be documented in order to have a clear evidence base in the future.

The necessary requirements for returning a structurally complex product are the presence of:

• original packaging, all tags,
• documentation confirming the fact of the transaction,
• accompanying documentation - operating instructions, passport, warranty.

A technically complex device can be returned if:

• The buyer is not responsible for the malfunction of the product.
• If there is a screen, the protective film remains on it.
• The consumer has not installed the software (if possible).

Return of technically complex goods within 14 days

If 14 days have not passed after the first day of purchase, inclusive, you can:

• Exchange the defective device for a similar but high-quality model.
• Exchange for a product of a different model, brand, etc.
• Return a low-quality, structurally complex product to the store and demand a refund of the amount spent.
• Demand a reduction in the initial cost (discount for defects).
• Submit the product for repair free of charge or demand a refund of funds to eliminate defects from the service department of third parties.

Is it possible to return a product if there is one suitable for exchange?

At the buyer's request. There are two ways to return it. He may demand a refund or demand that the product be replaced with a similar one (if it is in stock).

A mandatory procedure for returning goods is an examination, which can also be carried out individually and at your own expense.

Requests for replacement must be fulfilled within 7 or 20 days (with examination) from the date of presentation. In this case, the seller must provide a similar product within 3 days while waiting for a replacement. The request for a refund is fulfilled within 10 days.

If the product is returned after 2 weeks from the date of purchase, the consumer can only count on warranty repairs or recalculation of the cost through an examination.

Return to the online store

Purchasing a product remotely is different from purchasing it at a regular point of sale in that during the transaction, it is impossible to fully familiarize yourself with the product. Therefore, when purchasing remotely, in accordance with Part IV of Article 26.1 of Law No. 2300-1, a technically complex device can be returned no later than a week from the date of delivery.

Attention

If, when transferring the device to the consumer, the seller does not provide documents explaining the rules for returning to the online store, including all conditions and terms, the consumer can return the product. To do this, 90 days must not pass from the date of delivery.

Large retail chains (M-Video, Euroset, etc.) also have online stores. A technically complex product purchased at such a point of sale will not be considered purchased remotely.

If the seller refuses to exchange the product or return the money

Grounds for refusal

The seller may refuse to comply with the buyer's requirements. In this case, he must provide a written refusal, citing one of the compelling reasons. Most often, buyers are refused to exchange goods for the following reasons:

• the deficiencies are of an operational nature;
• the consumer has replaced the parts;
• disagreement with the results of the examination carried out by the buyer;
• expiration of deadlines for filing claims;
• lack of authority to make demands, etc.

If the buyer believes that he was refused unreasonably, he can appeal the seller's refusal.

Complaints to Rospotrebnadzor

A store that violates consumer rights becomes the subject of inspection by Rospotrebnadzor. A complaint to Rospotrebnadzor can be submitted in the following ways:

1. In person at your local branch.
2. By registered mail.
3. Through the official website remotely (for this you need to fill out an online form on the department’s website).
4. Call the hotline 8-800-100-0004.

Return after 15 days

If more than 15 days have passed since the purchase of a technically complex product, when returning you must prove that the defect is considered significant. What refers to such malfunctions?

1. A defect that cannot be eliminated.
2. A defect that can be eliminated, but the material costs or time spent on this will be disproportionately greater. For example, the cost of repair will exceed the cost of the device or the repair time will be longer than allowed by law. Art. 20 of the Law “On Protection of Consumer Rights” establishes the duration of this period - it should not exceed 1.5 months.
3. A defect that was repeatedly identified after elimination during the warranty period. The fact of detection of such a defect must be confirmed by a report from an expert institution.
4. If various malfunctions of the product were eliminated in total for more than a month of each calendar year of the warranty. Accordingly, it was impossible to use it for its intended purpose for quite a long time.

IMPORTANT
The expiration of the warranty period does not always indicate the loss of rights to the buyer's claims. According to Part V of Article 19 of Law No. 2300-I, if the warranty period established by the manufacturer is less than 2 years, the consumer can indicate his claims. The buyer must declare his rights earlier than two years from the end of the warranty period. Then the buyer will have to prove that the defect was present before he received the product. Typically, an expert’s report is used to confirm this circumstance.

The buyer has similar rights when the warranty period is not specified by the manufacturer. The claim must be filed by the consumer, but no later than two years from the time the goods were transferred to him.

Information regarding the product warranty (if any) can be indicated in the warranty book, coupon or technical passport, receipt in the form of an appropriate mark. The warranty period of a technically complex product is considered to have begun:

• from the date fixed in the contract;
• from the moment the purchased device reaches the consumer;
• if it is not possible to accurately determine the moment of transfer, from the moment of production;
• if there is a discrepancy between the moment of completion of the transaction and receipt of the goods, from the day of delivery to the buyer;
• if, due to the fault of the seller, it is not possible to use the product for its intended purpose, from the date of troubleshooting;
• from the onset of the season, when seasonal goods are purchased;
• from the date of purchase and sale, when it is impossible to determine the day of delivery or the day of elimination of defects.

The time when a structurally complex device is repaired is added to the warranty period. Therefore, after completion of the repair, the buyer must request from the seller papers containing information:

• on the date of circulation and transfer of goods to the seller,
• about the date of elimination of the defect indicating the identified malfunction of the product,
• about spare parts and materials that were needed during the repair process,
• about the date of receipt of the defective product.

The document must be signed and sealed.

Returning goods if there are defects

How to return a purchased item to the store and not violate the consumer rights law in 2021 if it has one or more defects. After all, it happens that in the store, during check and inspection, everything seemed to be fine, but at home it was discovered that the expensive TV was scratched or, for example, did not receive a single channel.

To answer this question, you need to understand what is meant by a defect in goods according to the 2021 law:

• violation of mandatory requirements (breakage, defects, damage caused at the factory during the manufacturing process, non-compliance with the official requirements of the law (GOST), situations arising during use that violate safety rules);
• significant differences between the product and the description (sample) (different color, size, power, etc.);
• significant differences from the concluded contract (violation of specifications, article, etc.);
• inconsistency with the intended use of the purchase. There are products whose purpose speaks for itself (a tower crane is intended for construction). But sometimes, when purchasing a product, you specifically indicate to the seller the purpose of its use. For example, you need a hacksaw for metal, but they handed you a hacksaw for wood and assured you that it would do. The saw broke during use. You can demand its exchange or return, provided that you prove your request to the seller;
• mechanical damage. Experienced sellers, even knowing in advance about the mechanical shortcomings of the product being sold, do not tell the buyer about them. After all, often, hoping for the presentability of the store and the honesty of the employees, we do not conduct a thorough inspection of the purchase and sign all the documents that are handed to us. And after the transfer of the goods and written confirmation in 2021, responsibility for it passes to you. It will simply be impossible to prove that the defect was not acquired during transportation.

If you discover a violation, it is important to remember that you must return the product within 14 days, unless, of course, there is a warranty period for it. There can be many nuances; not every case is directly stated in the law. Before taking any action to return your purchase, it is better to consult with specialists. Do not succumb to the provocations of sellers that your product cannot be exchanged or returned to the store, since it is on the list of technically complex products. Items from this list cannot be returned unless there are any defects.

Sample application

Usually, 2 copies of the application for the return of technically complex goods are drawn up. One document is handed over to the store, the other, with a signature and date confirming the acceptance of the document by the store, is kept by the consumer. On the right side at the top they write the addressee (“Director”, “manager”, etc.), and from whom. Be sure to leave personal contact information so that the customer service or store can contact the buyer.

A little lower in the middle of the line write the word “Statement” or “Claim”. Further, the text itself sets out the essence of the problem, all the circumstances of the purchase and legitimate requirements. Below is the number and a signature with a transcript.

Attention

Requirements for replacing a product of poor quality with a product of a different article, model, brand can be presented not only to the store, but also to the manufacturer, and even the importer.

Application example.

To the director of the Tekhnika store

Petrov Petr Petrovich

from Ivanov Ivan Nikiforovich,

tel. 8-888-888-88-88

Statement

December 25, 2021 in the Tekhnika store, located at Ivanovo, st. Stroiteley 5, I purchased a product - a multifunctional device HP LaserJet Pro MFP M426fdn at a price of 28,190 rubles. The description for this model stated that the MFP has a fax function. But this feature doesn't work. This means that the disadvantage is significant, because I needed a model with a fax. Otherwise, I would have purchased a cheaper multifunctional device.

Article 18 of the Law “On the Protection of Consumer Rights” says: when purchasing a low-quality product, the buyer can terminate the contract and demand reimbursement of the money spent or replacement of the device with another within 2 weeks from the moment the consumer receives such a product.

Taking into account the above, I demand that the defective product I purchased be replaced with another device of a similar brand, but of acceptable quality.

December 26, 2021 /___________________/Ivanov Ivan Nikiforovich

(signature)

Going to court

If the store refuses to satisfy the buyer’s demands, he has the right to file a claim in court. The choice of which court to apply to depends on the amount of damage caused:

• with a claim price of up to 100 thousand rubles. the application is transferred to the magistrate's court ;
• if the amount of damage is higher - to the district court.

The application must indicate the circumstances of the purchase and discovery of defects, provide evidence in favor of your position and state specific requirements for the store.

.

What claims can a consumer make in court?

In addition to the cost of the goods, the consumer may demand in court:

• 1% penalty for each overdue day of warranty repairs;
• compensation for moral damage;
• compensation for losses caused to him as a result of the sale of goods of inadequate quality;
• 50% fine for refusal to voluntarily satisfy the buyer's demands.

Nuances

Unscrupulous sellers very often turn to clause 11 of Russian Government Decree No. 55, trying to prove that the goods listed on this list can never be returned.

IMPORTANT

It must be remembered that the list of technically complex products is not accepted for exchange only because of proper quality. If the product is defective, it can be returned or exchanged.

Often the seller does not want to accept a defective, structurally complex product and return the buyer’s money. In such circumstances, it is necessary to act through the courts. If his decision is positive, the seller will be charged the entire cost of the goods and a 1% penalty for 1 day of delay. In special cases, the seller may be subject to a 50% fine of the amount due to the buyer. This fine goes to the budget.

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