Warranty, returns and claims

The buyer’s right to file a claim for the return of goods is enshrined in the Law “On the Protection of Consumer Rights,” but sellers often refuse to accept the purchase back. If such a situation arises, we recommend that you contact the seller with a corresponding complaint.

ATTENTION : our lawyer for the protection of consumer rights in Yekaterinburg will help you file a claim for the return of goods: professionally, on favorable terms and on time. Call today!

Returning goods of proper quality

You can refuse the purchased product without giving reasons at any time before receiving it, and after receiving it - within 7 days. This is possible if the following conditions are met:

the product has not been used, its presentation, consumer properties, completeness and packaging (tags, stickers) have been preserved.
There is a document available confirming the fact of purchase of the goods (cash receipt, invoice and other documents that allow you to confirm the fact of purchase).

Procedure for returning goods of good quality:

Please contact us via the contact form on our website (located at the bottom of each page) or in response to your order confirmation email. In your message, please include your order number and your intention to return the item.
Our manager will contact you to agree on the details of the return and send you a sample application to fill out.
Fill out the application according to the sample.
Pack the product, application and document confirming the fact of purchase in a shipping box and send it to us (see section “Sending the goods”).
Delivery of goods of appropriate quality to us is carried out at your expense. If an item is returned at our expense (for example, via a courier return label), we will refund the price of the item less shipping costs.
We will refund your money for the product within 10 days of receiving the original of your application.

Food products of proper quality, in undamaged packaging and with a valid expiration date cannot be returned/exchanged.

How to properly file a claim

Since a formal complaint is a legally binding document, it must be drawn up in full accordance with accepted standards. That is, the application must have a certain structure, contain the necessary information, and base its requirements on specific legislative standards.

If a claim sent to the addressee is refused, the consumer has the right to apply for protection of his rights to the control and supervisory authorities as the next step.

Compilation rules

There is no single template for drawing up a written complaint in the current legislative regulations. But this does not mean that every consumer can draw up a document as he pleases.

If the application does not comply with certain rules, the addressee may legally refuse to consider it.

The claim letter must include the following information :

Personal information of the applicant and his contact phone number or email.
Addressee data – name of the organization, its location.
The essence of the conflict situation : the reason for the appeal and a detailed description of all the circumstances of the case.
A list of specific requirements put forward by the applicant, and an indication of the legal acts on which these requirements are based.
An indication that in case of refusal to satisfy the requirements or if they are ignored, the applicant reserves the right to appeal to supervisory authorities .
List of additional documents attached to the application.
Date of preparation of the paper and personal signature of the consumer.

Returning goods of inadequate quality

If you find a manufacturing defect (defect) in a product purchased from us, you can make one of the demands (replacement, proportionate reduction in price, return, repair of goods) specified in Article 18 of the Law of the Russian Federation of 02/07/1992 N 2300-1 “On the Protection consumer rights."

You may make the above claims within the manufacturer's warranty period. If the warranty period is not established by the manufacturer, we, as the seller, establish a warranty period of 6 months for such a product; the terms of the warranty are specified in the section “Quality Guarantee Conditions”.

If the product is technically complex, the list of such goods is approved by Resolution No. 924 of November 10, 2011, then the requirements specified in Article 18 can only be stated within 15 calendar days from the date of purchase. After this period, these requirements are subject to satisfaction only in one of the following cases: a significant defect in the product is discovered, the warranty repair period has been violated, or if the product has been repeatedly corrected for defects and you could not use it for more than 30 days during each year of the warranty period.

The procedure for sending goods of inadequate quality:

Please contact us via the contact form on our website (located at the bottom of each page) or in response to your order confirmation email. In the message, indicate the order number and your intention to return the product with a description of the problem and evidence of defects in the product (photos, videos, etc.).
Our manager will contact you to agree on the details of the return and send you a sample application to fill out.
Fill out the application according to the sample.
Pack the product, application and document confirming the fact of purchase in a shipping box and send it to us (see section “Sending the goods”).
Delivery of defective goods to us is carried out at our expense.
After receiving your application and goods, we will review it within 10 days and let you know whether your request will be satisfied.

Accompanying documents for the return invoice

The return of goods is issued not only with a return invoice. The following documents must be attached to it:

Acceptance certificate - confirms the fact of receipt of the goods.
Letter of complaint - serves as a notification that the supplier has violated the terms of the contract (on quantity, assortment, quality, completeness, containers or packaging). Without notification, the supplier may refuse to return the money (clauses 1 and 2 of Article 483 of the Civil Code of the Russian Federation).
A certificate of defects in goods is needed if you are returning the goods due to defects.

Letter of claim for return of goods. Sample

Download a blank form in *rtf format.

A letter of complaint can be drawn up in any form. What must be included in the letter:

Reason for return. Refer to the provisions of the Civil Code of the Russian Federation that apply to your situation (they are listed above);
Return deadlines;
Terms of delivery or removal of goods;
Method of transferring money for returned goods and bank details.

You can attach copies of documents related to the subject of the transaction to the letter. For example, a delivery agreement, a bill of lading, a report on identified defects in goods, a payment order, a power of attorney.

Act on defects of goods. Sample

Download a blank form in *rtf format.

Draw up a report on deficiencies in free form. What should be in the content:

number and date of the act;
characteristics of the goods and price indicated in the invoice;
how the deficiencies were discovered (visual inspection, disassembly, examination, etc.) and what they were;
whether the product is under warranty;
what was decided to do with the low-quality product (return to the supplier, repair, write off, etc.);
Full name and position of the employees who identified the defect and executed the report. If this is a specially created commission, refer to the order or directive of the head of the organization on the creation of the commission.

Quality guarantee conditions

If any defects in the product are identified during operation during the warranty period, you can contact us for warranty repairs.

The warranty only applies to defects that are clearly due to poor workmanship of the equipment/parts or due to material defects.

If you require warranty repairs for a product purchased from us, you must send the product to us. We will check the goods received from you in accordance with the claim in your application and determine whether the defect in the goods is a warranty case.

This is not a warranty case if:

Defects or damage to the product occurred as a result of improper transportation, installation, assembly, operation, improper connection, storage and maintenance.
The malfunction occurred as a result of your actions, the actions of third parties, or force majeure.
The product has failed as a result of natural wear and tear or exhaustion of its service life.
The malfunction arose as a result of self-repair or repair with the involvement of persons who are not accredited to carry out warranty repairs of this product.
If a product intended for personal (household) needs was used for business activities, as well as for other purposes not corresponding to its intended purpose.

If there is a disagreement between us regarding the quality or reasons for the defects, we may conduct an independent examination based on your written statement at our expense. You can participate in the examination and challenge its decision in court. If, as a result of the examination, it is determined that the defects in the goods arose through your fault, then you will need to reimburse us for the cost of the examination, as well as the costs associated with it.

Procedure for sending goods for repair:

Please contact us via the contact form on our website (located at the bottom of each page) or in response to your order confirmation email. In the message, indicate the order number and your intention to repair the product with a description of the problem and evidence of defects in the product (photos, videos, etc.).
Our manager will contact you to agree on the repair details and send you a sample application to fill out.
Fill out the application according to the sample.
Pack the product, application and document confirming the fact of purchase in a shipping box and send it to us (see section “Sending the goods”).
You pay to send the product for warranty repair. If the product is defective under warranty, we will refund your shipping costs. We will also pay to return the item to you after repair. If the defect of the goods is not a warranty case, delivery to us and return delivery of the goods to you is carried out at your expense.
If the defect in the product is not a warranty case, upon agreement with you we will be able to repair the product for an additional fee.
The maximum warranty repair period is 45 days.

Procedure if the seller refuses to satisfy a claim

In a situation where the seller refuses to accept the application in hand, it is sent to him by registered mail, courier delivery or by e-mail.

It is important to keep confirmation of receipt of the claim by the addressee. In the future, this will be evidence of the consumer’s attempts to resolve the problem peacefully.

Contact Rospotrebnadzor

If the seller refuses to satisfy the client’s claims, the latter may seek help from the supervisory authorities. First of all, these are the bodies of Rospotrebnadzor. Based on the facts set out in the complaint, employees of this government agency are conducting an unscheduled inspection of the offending organization.

Based on the results of the inspection, an order is issued to eliminate the identified violations and satisfy the client’s requirements.

Submitting other claims

You should send your requirements that are not related to the return of goods of proper or inadequate quality to the address: 420101, Tatarstan rep., Kazan, st. Kh. Mavlyutova 17B-50, for IP Sboeva A.N.

You must attach documents to your claim on which you base your claims.

These rules, as well as the law “On the Protection of Consumer Rights,” do not apply to legal entities and individual entrepreneurs, since it regulates the relationship between the seller and the buyer as an individual. Contractual relations between the seller and the buyer are a legal entity regulated by the norms of the Civil Code of the Russian Federation.

What are the requirements for drawing up a document?

Requirements for the content, form and procedure for drawing up a claim are not fixed at the legislative level. The text of the document can be written by hand, filled out in a template, or typed on a computer.

The following recommendations will help you correctly file a claim for a refund:

Maintain a business style of presentation.
Avoid grammatical errors.
Present information consistently and concisely.
State your requirements clearly.
Avoid insults and displays of emotion.
Indicate the full name of the legal entity in the nominative case, and if it is an individual, in the dative case (“to whom”).
If the applicant is a legal entity/individual entrepreneur, it is advisable to use a letterhead containing his details to write the text. The document should be registered in the journal of documents and outgoing correspondence.
The document to the counterparty must be signed. Without a signature, the pre-trial claim is invalid. Placing a seal is necessary if it is provided for by local acts of the organization.
Draw up a letter of claim for the return of funds in two copies.

Remember

Both individuals and legal entities/individual entrepreneurs have the right to make a claim.
The document is drawn up in writing, taking into account the rules of business turnover.
The essence of the claim, justification and requirements should be formulated clearly and concisely.
The amounts written in the document are given in numbers and in words.
The seal of the organization should be affixed if this is provided for by the local acts of the legal entity.
The letter of claim is drawn up in 2 copies for each party.
In order for the pre-trial procedure to be considered complied with, the claims must not contradict the requirements specified in the claim.

Have you ever had to file a claim for a refund? Were you able to convince your counterparty to resolve the issue out of court?

What can you show to the supplier?

Replace the product with a new one

The supplier is obliged to replace the defective product with a new one if the consumer returns the product to the store - Art. 518 Civil Code of the Russian Federation.

Other requirements

If the supplier does not replace the goods on time under the supply contract or within a reasonable time, the buyer makes demands from Art. 475 Civil Code of the Russian Federation:

- make a discount on the product.

- repair the product.

- pay for repairs.

- return payment when a significant flaw is found.

Losses

The supplier pays the buyer for losses that arose due to the delivery of defective goods - Art. 393 Civil Code of the Russian Federation. The buyer's losses are the fee for the examination to determine the defect, the difference between the purchase and retail prices, and the like, except for payments to the consumer.

Example: the court ordered the supplier to replace phones and compensate for losses

The store purchased a batch of mobile phones from a supplier and sold them at retail. Consumers began to return the phones, and the store paid the money. The buyer ordered an examination, and it turned out that the entire batch had a manufacturing defect. Representatives of the supplier were invited to the examination, but they did not come.

The buyer sent a letter to the supplier with a request to replace the defective phones. The supplier did not respond. The buyer took the expert's opinion, checks for refunds to buyers and went to court. The court ordered the batch to be replaced with new, similar models and reimbursement of legal costs in the amount of 352,000 rubles and examination costs in the amount of 52,000 rubles.

Case No. A40-49223/2011.

Example: the court ordered the supplier to return the money and compensate for losses

An entrepreneur purchased a set of doors from another entrepreneur and resold it to the end consumer for an advance payment. The consumer did not accept the goods because the varnish coating on the doors was cracked and the veneer peeled off from the trim. The store ordered a merchandising examination, which established that the doors and trims were manufactured in violation of technology. The store returned the money to the consumer and demanded from the supplier the 35,000 rubles paid to him. The supplier refused. The buyer went to court and won 35,000 rubles and damages for the examination in the amount of 6,000 rubles.

Case No. A11-12121/2017