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.

Buyer's claims

Furniture is included in the list of goods that cannot be returned or exchanged for a similar product of a different size, shape, color or configuration (Resolution of the Government of the Russian Federation dated October 20, 1998 No. 1222, dated February 6, 2002 No. 81) and is not subject to exchange or return if has the proper quality. But, you can return the goods to us upon request in the following cases:

RETURN

1. at any time before its transfer;
2. after the transfer of the goods - within 7 (Seven) calendar days, if its presentation is preserved - the goods were not unpacked.

If you refuse an item, we will refund the amount paid for the item EXCEPT DELIVERY COSTS.

RECOMMENDATION

A complaint is your claim submitted to us regarding the inadequate quality of the supplied goods, discovered during the warranty period.
Within 20 calendar days after receiving the goods:

• Towards quality;
• To quantity;
• To the assortment;
• To completeness;
• To packaging;

During the warranty period:

• Towards quality

If defects are discovered in the product due to the fault of the manufacturer, you have the right to contact us with a claim and demand replacement of the product or elimination of the defects of the product free of charge.

REGISTRATION OF A CLAIM

When making a claim, you need to fill out an application, attach all the necessary evidentiary documents and send it to the store’s email address. In the application you must indicate:

• order number and date;
• Name of product;
• part number (indicated on the assembly diagram);
• describe the defect in detail;
• photographs of furniture with identified defects;
• photographs of packaging with labels;
• specific requirements for settling a complaint.

IMPORTANT!

If the loading, delivery and assembly of furniture was carried out by you yourself or by third parties, then we are not responsible for the appearance of the packaging and are not responsible for defects in the goods that could be caused by such actions.

Complaints regarding detected scratches and dents will only be accepted if the product is not assembled and there are no signs of assembly.

Detected mechanical defects (dents, scratches, cracks, etc.) of the assembled product are regarded as damage that occurred during assembly.

Warranty service does not apply to furniture:

• for normal wear and tear;
• in cases where it is used for other purposes;
• in cases of cuts and scratches, dents from impact or accidents, as well as if the product has been modified (altered) or subjected to assembly;
• in cases of improper care (using aggressive cleaning agents),
• in cases of furniture being flooded with water;
• in cases where the product was stored, assembled or installed incorrectly;
• in cases where the product was kept outdoors or in a damp room, for example in a bathroom, as well as in cases of non-domestic use;
• defects in furniture resulting from independent delivery and assembly by the consumer;
• It is not a disadvantage that furniture elements contain features determined by the origin of the original materials, in particular: insignificant differences in the texture and shades of solid wood. On wooden furniture elements, wood defects on the front surfaces are allowed, such as: light and dark knots and others up to 15 mm; curling, eyes, pockets no more than 20 mm long, 1.5 mm wide, 3 mm deep.

How to write a complaint

The claim can be made in any form, but you need to indicate:

1) to whom are you sending the claim,

For example, Store Director (specify store), General Director (specify company). You can indicate the full name of the director (if you know the full name).

2) from whom is the claim,

You need to indicate your full name and address, telephone number - to contact you.

3) further - in a separate line - you need to write

CLAIM or APPLICATION

4) further - in the text of the claim, state the essence of the case:

start from the beginning:

For example, on March 21, 1998, I purchased a refrigerator in your store, or - I entered into an agreement with you for the provision of travel services

further state the circumstances of the case and the essence of your claims; to substantiate the claims, it is advisable to refer to the relevant articles of law:

For example, according to Article 29 of the Law “On Protection of Consumer Rights”, I have the right to terminate the contract for the provision of services, since there were significant shortcomings in the service provided.

5) next - clearly formulate your requirements

For example, I ask you to terminate the contract dated March 21, 1998 and return to me the 3,000 rubles paid under the contract.

6) indicate at the end of the complaint what your intentions are if your demands are not satisfied voluntarily

For example, otherwise I will be forced to go to court. In the statement of claim, in addition to the above, I will ask the court to recover from your company a penalty and compensation for moral damage

7) Date and signature

indicate what documents you are attaching to the claim

For example, APPENDIX: 1. Copy of sales receipt 2. Copy of warranty card 3. Copy of certificate from warranty workshop

What documents should be attached to the claim?

Please attach copies of the documents you have to your claim (application):

• a copy of the sales (cash) receipt,
• copy of the warranty card,
• copies of acts, certificates and other documents available to you in connection with the claim.

Sample claims

You will find examples of claims in Sample Documents.

You need to write 2 copies of the claim

The claim (statement) must be written in two copies, one of which is handed over to the store, and on the second the store employees must put their signature. This copy will remain with you as confirmation that the claim was received by the store.

How to file a claim

If the seller (manufacturer, executor) refuses to sign your copy of the claim (application) or simply does not accept it, send it by mail (Inventory is possible only with a valuable item. You can fill out a receipt receipt, or use the resource https://info.russianpost. ru/servlet/post_item With its help, it is easy to track the delivery time of a registered letter to the addressee using the identification number specified in the receipt. Courts accept identifier information as evidence of the date of delivery of the letter).

How should a refusal be formalized?

Refusal to comply with your demands must be stated in the form of a resolution on your copy or in a separate document.

Dear consumers, you can also use the CyberLawyer artificial intelligence system to file a claim. You are required to carefully fill out the required fields and follow the system instructions to submit or forward the claim.

Society for the Protection of Consumer Rights on Social Media:

Tweets from @ozpp_ru

Time limits for satisfying consumer claims

In your application, in order to avoid formal reasons for the seller to delay the resolution of your issue, you should indicate only one of the main requirements. When formulating demands, you must remember that your counterparty is obliged to satisfy them within the period established by the Law if they are justified. The deadlines established by law vary and depend on the specific requirement. So, for example, in the case of a request to replace a product, the period allotted to your counterparties is 7 days, and in the case of an additional quality check, up to 20 days, while a request for the return of the amount of money paid for the product (if the consumer refuses to fulfill the contract) subject to satisfaction within 10 days. At the same time, a quality check (additional quality check) or examination is not an independent requirement and must be carried out by your counterparty within the time limits established by law to satisfy the main requirement.

We draw up a letter to return the goods to the supplier

You need to draw up a letter of claim in free form; there is no standardized form for such a document. For writing, use an official business style, without any colloquial inclusions. The letter must be understandable to its recipient; it must clearly describe what the sender wants.

It is recommended to format the letter on the organization’s letterhead with details.

The claim must include the following information:

1. Details of the recipient company. They will already be in the document if the letter is on the organization’s letterhead.
2. To whom is the letter addressed? Here indicate the position and full name of the head of the supplier company.
3. Outgoing document number. It is assigned to all correspondence sent from the organization. Under this number, documents are recorded in the appropriate journal.
4. The date the letter was written.
5. The essence of the complaint. It is necessary to indicate the details of the supply agreement, describe the reasons for dissatisfaction: defective goods, damaged packaging, wrong goods, etc. It should also be noted in which document the deficiencies were recorded. Usually this is an act of discrepancies in the characteristics of the product. It will need to be attached to the letter. If the recipient has already made an advance payment for the goods, then this must be indicated and the payment order number and the date of its preparation must be written.
6. Requirement with reference to legislation. Here they formulate what the receiving company wants to achieve: return the goods to the supplier, get back the prepayment. Details for sending money will also need to be indicated or attached to the letter as a separate document. You also need to indicate the time frame within which the recipient will wait for payment.
7. Attachments to the letter. These may be copies of acceptance certificates, discrepancies, examinations, payment orders, details for transferring the prepayment back.
8. Information that the claim was sent as a pre-trial settlement of the dispute and, if the supplier does not return the money within a certain period, the buyer will go to court.

After drafting, the letter is signed by the head of the recipient company.