Complaint to the supplier for the return of goods

When it is necessary to return a product of inadequate quality, a claim is made to return the product to the supplier. A sample is below on the page. It is important to prepare the document correctly and reflect the transaction in accounting. How to correctly file a claim for returning a product - read on.

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Sample claim for returning goods of inadequate quality to the supplier

When delivering goods, the following is usually formalized:

waybill,
waybill or TORG-12 form,
invoice.

When receiving the product, be sure to check whether it corresponds to the description in these documents. You may find a discrepancy in quantity or quality - shortage, defect, other discrepancy. Check as carefully as possible: once you have accepted the goods, it will be difficult to return them. And after payment it will become almost impossible to prove that it was of poor quality.

If you find a discrepancy in your order, you need to return it. Download our sample claim for returning goods of inadequate quality to the supplier and read the instructions on how to fill out the document. We also answered questions that most often arise during registration.

So, let’s look at how to correctly file a claim for returning a product.

Before filing a claim, fill out a quality discrepancy report using the TORG-2 form. In it, indicate what exactly you were not satisfied with about the product.

What is a product shortage?

A defect is a non-compliance of a product with the purpose of use, description or mandatory requirements, for example, GOST. The chair is wobbly, which means you can’t sit on it - this is a drawback. The buyer ordered a white chair on the website, but they delivered it in ivory color - this is also a drawback.

Disadvantages are problems with a product that the buyer was not warned about. When the seller warns, he declines responsibility. Children's shoes from a thrift store, the label of which says they are worn out, are not defective.

Significant disadvantages are when the product cannot be repaired, or it can, but it is expensive and time-consuming. The entire length of the table top is cracked - there is no point in repairing it, it needs to be replaced. Because repairs cost as much as a new table.

Returning a product without defects is a separate situation, which we will discuss in another article. For offline sales, Art. 25, for online sales - art. 26.1 of the Consumer Rights Law.

How to properly file a claim for returning a product

The claim is made in any form. The main thing is to note all the necessary information, details and the essence of the requirements. Be sure to include:

name, address and details of the buyer,
date of compilation,
characteristics of the disputed product - describe all the shortcomings, referring to the statement of discrepancies,
claims against the supplier, for example, elimination of defects or compensation for damage,
signatures of the employees and directors responsible for receiving the goods.

If you want, you can indicate the legal norms on the basis of which you are making demands, for example, Art. 475 Civil Code.

See our sample claim for the return of goods of inadequate quality, current in 2021 - it contains all the necessary details and points. In MyWarehouse there is a form suitable for any controversial situation: refund of money, elimination of defects, replacement of goods and materials - download and supplement it as necessary.

Claim form for return of goods of inadequate quality (2021 sample)

You can deliver the document to the supplier in person, by mail or by courier. If there is no response to the claim or the seller refuses to satisfy the requirements, after 30 days you can go to court.

Indicate in your complaint the time frame within which you expect to receive a response from the supplier - then he will not be able to delay the decision.

How to submit a complaint to a supplier

Read your delivery agreement. Perhaps one of the sections contains instructions for the buyer to send a claim (complaint) to the supplier when the product is returned by the end consumer. If there is one, follow it.

The general algorithm is:

File a claim. Write down under which contract you purchased the product with the number and date, how you returned the product, and what flaw you found.
Specify the requirement for replacement of the goods and compensation for losses within a reasonable period of time.
Write contact details: phone number of the store manager or director.
Attach copies of evidence: expert opinion, consumer application for return, money back check, check for payment of the examination.
Send the claim to the supplier by registered mail with notification to the legal address or the address for claims from the contract.

The article is current as of 02/05/2021

Sample claim for a refund for a product of inadequate quality

If you decide to return the money spent, you will need a sample claim to the supplier for a refund for goods of inadequate quality. In this case, you must indicate in the document how you want to receive them back, for example, indicate the current account number.

The buyer can contact the supplier with claims within two years after the purchase, unless other periods are specified in the contract (Article 477 of the Civil Code). But then he will have to prove that the goods had defects before their delivery.

More than 1,000,000 companies already print invoices, invoices and other documents in the MyWarehouse service Start using

When filing a claim, various questions arise, for example, about the delivery of the disputed goods. We have sorted out the most common ones.

What other documents, besides the complaint to the supplier, need to be completed?

It is necessary to draw up a certificate of discrepancy in quality using the TORG-2 form. After drawing up this document, you can begin filing a claim for the return of goods of inadequate quality to the supplier. Sample here.

We have sent a return claim form to the supplier. Who should pay for shipping?

You have the right to demand that the supplier pick up the goods himself, or you can send the defective goods yourself, in which case the delivery costs will be covered by the seller.

As a sample claim for the return of goods of inadequate quality to the supplier, we took a document that has been used in our company since 1997. Isn't it outdated?

No. If it contains all the necessary details, you can use it, but it is better to check our free sample claim for returning goods to the supplier.

Rules for submitting an application regarding the exchange of purchased goods for a similar one

An application for the return of a purchase is sent to the store management. It must be submitted within two weeks from the date of purchase of the item.

Even the presence of only one defect that does not affect the overall performance or use of the product is a valid basis for filing a claim with the seller. This condition most often applies to technically complex mechanisms.

After 14 days, returning such a product is practically impossible unless there are compelling reasons. But they will have to be proven in court.

Other non-food products that are not classified as complex and have minor flaws must be returned during the entire warranty period or other period established by Russian legislation.

Exchange of goods under the consumer protection law

How to exchange a product for a similar one, read here.

When can you exchange a defective product, please follow the link:

Products for personal use and some other goods specified in the List cannot be returned. The document was approved by the Decree of the Government of the Russian Federation. Payment receipts are attached to the buyer's request, which confirm the fact of purchase and sale in this particular store.

But if they are lost, the seller cannot refuse to consider the client’s claim. When returning the goods directly to the store, along with the application, a certificate of transfer of the product must be given to the responsible person.

The implementer has the right to immediately disagree with the applicant’s arguments. His responsibility is to send the item for examination. If the result of the work of the expert commission is a statement that the malfunction of the product arose due to the fault of the manufacturer, then the consumer must be returned the entire amount paid for it.

Otherwise, when experts draw conclusions about improper use by the buyer himself, the item in dispute will not be accepted by the store for return or exchange. And the costs now incurred by the seller for examination, storage and transportation are borne by the buyer.

How to arrange for a buyer to return goods to a supplier

The return of goods to the supplier is accompanied by a return invoice (for example, in form N TORG-12 with the note: “Return of goods”) or an act of returning goods to the supplier.

Documents for returning goods from the buyer to the supplier are transferred along with the returned goods.

In addition, the buyer sends a letter (claim) to the supplier demanding acceptance of the returned goods, indicating the reason for their return.

If the goods are returned to the supplier by power of attorney, then in this case, when registering it, you can use form No. M-2 (clause 2.1.4 of the Methodological Recommendations, approved by Letter of the RF Committee on Trade dated July 10, 1996 N 1-794/32-5 ).

In this case, the buyer does not need to issue an invoice for the return of goods.

How to return money for an item

The buyer returns the goods to the store, writes a return application, indicates the defects and his passport data. Save the application, the tax office will ask for it when it checks the tax calculation.

The buyer paid by card - non-cash refund, in cash - return the same and issue a refund receipt.

The seller returns to the buyer the entire amount that he paid - Art. 24 of the Law on Consumer Rights. "Full amount" means:

— No discounts for loss of presentation.

— If the buyer took the goods on credit, the seller returns the amount of the paid loan and interest.

— If the buyer paid with consumer credit money, the seller returns the entire amount with interest and other payments to the bank.

The seller returns the money within ten days from the date when the buyer handed over the goods to the store - Art. 22 of the Law on Consumer Rights.

How to pay repair costs

Payment for repairs

The buyer brings a check for repairs, the seller pays the money within ten days - Art. 22 of the Law on Consumer Rights.

Repair

The repair rules are established by Art. 20 of the Law on Consumer Rights.

The seller and buyer agree on the repair period and sign an agreement. The period must be minimal and in any case no longer than forty-five days. During this time, the seller orders parts, selects materials and carries out work.

If the repair takes longer than seven days, the seller provides the buyer with a similar product for use free of charge within three days. In addition to the repair of furniture and some household appliances - the full list is in government decree No. 2463.

The seller deducts the repair time from the warranty period. Along with the repaired product, the seller issues the buyer a document with the start and end dates of the repair, a list of defects eliminated and the parts used. The parts will have a new warranty.

Methods for filing a claim

The buyer can submit a claim for replacement of a defective product to the seller in two ways:

on a personal visit;
by post.

When applying in person, the claim must be made in two copies . One of them is transferred to the responsible person from the seller or manufacturer, and the second remains in the hands of the applicant. The applicant’s copy must be marked with the appropriate mark, indicating the date of receipt of the application, the seal, as well as the full name and signature of the person who accepted the claim.

When sending a document by mail, the consumer must issue a registered letter with acknowledgment of receipt and a description of the attachment . The postal inventory form must indicate that a claim is being sent. When the letter reaches the addressee, the sender will be sent a corresponding notification indicating the date of receipt. The shipping receipt, inventory, and notification to the sender must be kept. These documents may be required as evidence during further consideration of the situation.