Claim to replace a product of inadequate quality with a similar product of proper quality, 2021, 2021 - Statements of claim, complaints, petitions, claims

Many buyers are faced with situations where they have been delivered a low-quality product, or the buyer pays for the product in the store, and when he comes home he discovers defects in it. First of all, it is necessary to notify the seller about the incident; for these purposes, the corresponding document is sent to him - a claim for replacement of goods of inadequate quality. The claim is drawn up taking into account the provisions of the law dated 02/07/1992 No. 2300-1 (as amended on 12/08/2020) “On the Protection of Consumer Rights”, and also takes into account the norms of civil law.

CLAIM

“___”____________ _____ I bought in your store _____________________________ on

(specify what product)

price ______________ rubles, which is confirmed by a cash receipt and a mark on the warranty card (technical passport, etc.).

Your organization (store) guaranteed the quality of the goods within ______ period from the date of sale.

However, during operation __________________ after ________ from the day

(Name of product)

a defect was discovered in the purchase -

________________________________________________________________________________,

(describe the malfunctions)

which cannot be repaired by a warranty workshop.

Since product defects were discovered during the warranty period, I ask you to replace the product of inadequate quality with a similar product of proper quality within the period prescribed by law.

Please inform me of your decision in writing, handing over the answer.

If my demands to replace the product with a product of a similar brand are not satisfied (in accordance with paragraph 1 of Article 18, paragraph 1 of Article 21 of the Law of the Russian Federation “On Protection of Consumer Rights”), I will be forced to go to court with a claim for the forced execution of my legal claims, compensation for losses caused by the sale of low-quality goods, payment of a penalty in the amount of 1% of the price of the goods for each day of delay in fulfilling my demand, as well as recovery of moral damages.

Application:

Cashier's check.
Warranty card.
Certificate (report) from the warranty workshop stating the impossibility of correcting the identified defects of the product.

Signature

date

Download the document “Claim for replacement of goods of inadequate quality with a similar product of adequate quality”

What products are subject to replacement under the warranty service agreement?

The following product categories can be replaced:

Products that are intended for long-term use. For example, telephones, furniture, sanitary ware, clothing and other goods of daily use;
Household appliances, which belong to the category of technically complex goods;
Household chemicals;
Medical products;
Other food products.

If the quality of the listed products is found to be inadequate, request their replacement.

Within what time frame can I return a product of inadequate quality?

Read about how to return goods through the courts here.

How to return a product if a defect is detected, read the link:

A product may be considered of poor quality in the following cases:

There is a defect in the product itself that prevents its operation;
Product packaging is damaged. Only those defects that make it impossible to use the purchased product are taken into account. For example, if due to damage to the packaging it is impossible to remove the product;
Defects in components. In this case, only one defective component is replaced, and not the entire product. It is important to check that the additional element matches the parameters of the main product. The warranty period is extended only for the component part.

Defects may occur due to:

Manufacturer;
The seller, due to any impact that occurred before its sale.

Non-compliance of product quality with established state standards can also be attributed to such impacts. In addition, the quality of the product may deteriorate due to violation of storage conditions in the store.

If the product has been stored in inappropriate conditions, problems may arise during its operation. In this case, the warranty period is no longer valid. For example, if the tablet is stored in a cold, damp room, its electrical circuit may break. However, proving violation of the storage conditions of the product is extremely problematic.

How to file a return claim?

The buyer's claim is processed in the same way. In addition to information about the parties, the product and the requirements, the text must include a deadline for fulfillment, as well as the fact that if the claim is left unattended or the requirements are unreasonably refused, the interested party will go to court.

Like an application, a claim is drawn up in two copies, one of which is given to the seller, and the second remains with the buyer.

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

8 (800) 350-14-90

Documents found on the topic “claim for replacement of goods of inadequate quality, sample 2018”

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How to apply

The application can be submitted in person or sent by registered mail:

Personally. You need to draw up the document in 2 copies and get a mark from the seller on yours that the application has been accepted.
By mail. Sending an application by registered mail is used if difficulties arise with submitting a document in person. In this case, the receipt of dispatch is evidence of the sending of the application, and the notification of acceptance is evidence of its delivery to the required address.

Where to apply

A request for an exchange or refund should be submitted directly to the store where the product was purchased. It is provided to the employee who must accept and register the document.

If we are talking about a retail chain, you can contact any store, not necessarily the one where the purchase was made. This is convenient if you purchase something in another city, and after returning you realize that you need to issue a return.

Also, many large stores offer online registration of a return application; you just need to go to the official website and fill out a short form.

List of attached documents

The following must be attached to the return application:

copy of passport;
purchase receipt.

According to clause 3, part 1, art. 25 of the Law of the Russian Federation, the absence of a receipt is not a basis for refusing to accept an application. In this case, the fact of purchase is confirmed by witness testimony, camera recordings, or a second sales receipt that was left in the store.

Thus, there is only one obligatory document when filling out an application - a personal passport.

In what time frame must the seller comply with the requirements?

There are no clear deadlines for fulfilling requirements for the return of quality goods. Only a fourteen-day period for contacting the seller is defined. In practice, if the seller does not object, the exchange will take place on the same day. If there is no analogue, then the buyer can withdraw his money. This requirement must be fulfilled within three days from the date of return of the goods. Funds are handed over to the buyer or credited to his account.

By mutual agreement of the parties, goods can be exchanged when analogues arrive at the warehouse. The seller must notify the buyer of this in a timely manner. It is necessary to document such a decision by drawing up an agreement.

In the case of defective goods, the exchange must take place within seven days from the date of presentation of the requirements, on the basis of Art. 21 ZPPP. This period increases to twenty days if the seller intends to conduct an examination of the product, based on the results of which an appropriate decision will be made. If there are no analogues in stock, the exchange must occur within thirty days.

The product is exchanged for a new one. The warranty period is recalculated. Cost recalculation is not made only if the buyer is given a product of the same model and brand.

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Sample additional agreement

In this section we provide an example of an additional agreement to a government contract and propose a general template on the basis of which a supplier can draw up his own sample of improved product characteristics under 44-FZ.

We draw your attention to the indication in the letter of the Ministry of Economic Development (No. D28i-123 dated January 11, 2017) that the country of origin of a product is not an indicator of its quality, technical and functional characteristics.

Source: https://ppt.ru

Statement and claim: what is the difference?

When a buyer is faced with an exchange or return, he is faced with the question: should he write a statement or a claim? A claim is a buyer’s request to the store to satisfy his request for payment of funds or exchange of goods . The amount, arguments for granting the request, as well as material evidence (examination documents, etc.) must be indicated.

d.).

In this case, a claim is a document addressed to a specific legal entity, and a statement is a request, to the satisfaction of which other persons may be involved (for example, experts, higher authorities, etc.)

Claim to replace a product of inadequate quality with a similar product of proper quality