Note to the buyer: rules for exchange and return of technically complex goods

What complex technical products can be returned (exchanged) within 14 days?

Government Decree N 924 “On approval of the list of technically complex goods” established all categories that fall under the definition of this type of product.

A separate article (Article 25 of Law N 2300-1-FZ) guarantees the consumer the opportunity to return goods within 15 days from the date of purchase if the goods for any reason are unclaimed. In this case, it must be returned in its original form, in complete packaging, with all labels and seals, and must also be confirmed by a receipt and warranty card.

Refusal to return money for goods of good quality may occur if the products cannot be resold by law. This right to the seller is guaranteed by Government Decree No. 55 of January 19, 1998.

Based on the above documents, the possibility of returning a technically complex product is considered based on certain articles of the law on consumer rights:

• Article 18 - rights in case of detection of defects in the goods;
• Art. 21 - rights in case of detection of goods of inadequate quality;
• Art. 25 - the right to exchange goods of proper quality.

Since Resolution No. 55 excludes the return of goods of proper quality for technically complex products, the consumer retains his legal right to return on other grounds:

1. when a deficiency is detected;
2. under warranty.

Serviceable

The law excludes the possibility of returning technically complex goods of proper quality. In this way, the state protects the manufacturer from deliberate deception, and stimulates the consumer to take a competent and informed approach to purchasing.

Government Decree N 924 provides a final list of groups of defective goods that cannot be returned within 14 days after the date of purchase.

The list includes:

• Vehicles with electric motors (airplanes, cars, etc.).
• Agricultural machines and equipment with electric motors (motoblocks, combines, etc.).
• Vehicles intended for driving on snow (snowmobiles).
• Floating devices intended for walking on the water (boats, motor boats, etc.).
• Navigation, cellular and satellite communications equipment with a touch screen for home use (GPS navigators, mobile phones, etc.).
• Computers and other similar equipment (computers, tablets, etc.).
• Inkjet and laser printing media (printers, scanners).
• Equipment for satellite television.
• Consoles for games of the latest generation.
• Photo and video equipment.
• Household appliances with a complex structure (read about how to return household appliances within 14 days after purchase and later).
• A watch with two or more functions.
• Electrified machine (hand-held or portable device).

Thus, the return of all types of technically complex instruments, equipment, devices and units with control elements (functional) to the Russian Federation is excluded.

Important! In order to prevent attempts to falsify products, the consumer is given the right to inspect the product, its packaging, all properties and functions at an organized point of sale.

Read more about which functional, complex technical products cannot be returned and exchanged here, and here we told you whether it is possible to return a phone or tablet within 14 days after purchase.

Faulty

The Law on the Protection of Consumer Rights guarantees the possibility of returning a technically complex product if it is found to have defects and defects that were discovered by chance and were not the result of improper operation (Article 18 N 2300-1-FZ).

also has the right to compensation for moral damage caused due to the concealment of important information about the product.

Within 14 days after purchasing a defective product, it must be returned under mandatory conditions. It does not matter whether the damage is significant, whether consumer properties are preserved or not.

A check and other payment documents are not grounds for refusing a refund if they are missing.

Mandatory requirements for returning goods are:

1. product documentation (description, instructions, warranty);
2. original packaging;
3. obvious defect or defect that occurred through no fault of the consumer.

Law on Consumer Protection

All issues arising between the manufacturer, distributor and buyer are within the scope of Federal Law No. 2300-1. He protects the interests of clients, but in some cases takes the side of sellers.

Consumer rights

If the purchased device is found to be defective or defective, the consumer can claim :

1. Compensation for the full cost of the device;
2. Exchange for a similar device, but without defects;
3. Exchange for another position with price recalculation;
4. Warranty repairs at the expense of the retail outlet.

In addition, any purchased product must be safe for humans and the environment, have appropriate legal labeling and be accompanied by detailed information. The latter includes data about the device itself, its manufacturer, application procedure, expiration dates and warranty period.

Sellers' rights

The seller has the right not to accept the product:

1. For a good quality product. A store representative can refuse only for this reason. If he agrees to take the device back, then the packaging, tags, labels must be intact, and the device itself must not have any traces of use.
2. For goods with defects. If the buyer applied after the deadline established by law, as well as if the defects are related to the actions of the client.

Is it permissible to do this after 14 days?

If a defect is discovered after 15 days, the product can be exchanged if there are only significant defects affecting the functionality of the purchase (Resolution of the Plenum of the Supreme Court dated June 28, 2012 N 17). In other cases, the product is sent for warranty repair.

The concept of a significant deficiency is given in the preamble of the Law “On Protection of Consumer Rights”. It contains a list of conditions that can be used to determine the significance of the deficiency or the conditions for its unavoidability.

The consumer also has the right to demand a solution to the problem if an expert assessment of the cost of repairs reveals disproportionate expenses (when it is easier to purchase a new one). You can prove the presence of a significant defect by having signed claims, certificates of transfer for repair, and expert opinions.

The consumer has the right to record his contact with the seller using a video camera and voice recorder (with prior notification). is mandatory to seal and seal the goods in the presence of 2 parties when sending them for examination.

If the seller refuses to admit that there is a significant defect in the product, an independent examination should be carried out and a claim should be filed in court.

A significant disadvantage is considered:

• impossibility of carrying out repairs;
• impossibility of eliminating the defect while maintaining all functions (intended use);
• the cost of repairs approaches or exceeds the purchase price;
• after warranty repairs, the defect appears again and again;
• during use, deficiencies affecting functionality are identified (24 months).

If the purchase is frequently or for a long time under repair, the consumer may also demand its replacement or refund.

Repair of the product (free of charge) is carried out by agreement with the buyer, its period should not exceed 45 days (Article 20 of the Law “On the Protection of Consumer Rights”). Otherwise, the buyer retains the right to receive an analogue corresponding to the declared quality, a reduction in cost or a replacement.

List of complex household appliances that cannot be returned

Previously, there was a government decree No. 575 dated 1997, which announced not only a list of complex technical devices, but also confirmed the possibility of replacing them if extremely serious deficiencies were discovered.

In 2011, the government repealed it by issuing another decree No. 924 (revised in 2019). A new list is being signed here.

At the same time, the condition of replacement and return only in case of serious damage is no longer indicated. Based on this logic, everything can now be returned.

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.

Court decisions

Compensation for damage in favor of the buyer
The case of a service not provided, or How to return the money paid

Problems with the travel agency

Phone repair service paid 40,000 rubles for poor quality service

The mobile operator paid for the error

A diet that only makes your wallet thin

Terms and Conditions

A technically complex product is a durable product and has a complex internal structure, which leads to problems when returning it, replacing it (14 days) or repairing it (after 14 days). This process is fully regulated in Article 18 of the Law “On the Protection of Consumer Rights” and Part 2 of the Civil Code of the Russian Federation.

Returns and exchanges of technically complex goods are possible under various conditions:

1. when a defect or defect is detected;
2. when there is a painting defect or extraneous noise is present;
3. if there is a faulty technical part;
4. when the size and dimensions did not fit.

The product must be returned in its original condition with packaging, accompanying documentation, spare parts and elements.

If the returned product has been modified in any way, including by installing software, or was not used according to the instructions and this caused it to malfunction, the return will be refused. If the product does not have a warranty period, the product is returned through an examination at the buyer’s expense (up to 24 months).

Is it possible to return a technically complex product of proper quality?

When buying an expensive gadget, car or household appliance, you should make your choice very carefully. It wouldn’t hurt to once again more carefully price the price and check the product to see if its characteristics match your wishes and needs, since technically complex products are included in the list of non-food products of good quality, the return or exchange of which is prohibited.

Thus, if there are no complaints about the quality of the purchased product, or you simply did not like the item, you will not be able to return it on this basis.

Procedure

We'll tell you how to return an item to the store.

Required documents

Requests for replacement/return are drawn up using a general passport with additional documents attached:

• contract of sale;
• sales and cash receipt;
• service book;
• work order confirming the malfunction;
• instructions and operating materials included with the product.

Diagnostics

Diagnosis of the product is carried out by contacting the store where the purchase was made, an official representative (manufacturer, importer) through an application, or organizing an examination at one’s own expense in accredited companies.

Technically complex goods for which there is a guarantee cannot be returned within 14 days without establishing the reasons.

The specific timing of the examination is regulated in articles 20, 22 of the law “On the Protection of Consumer Rights”. The client's demands for a refund are fulfilled within 10 days from the date of filing the application or claim (Article 22 of the PLA).

Consumer requests to replace the product with a similar one are fulfilled within a month after the request. During this period, the seller undertakes to provide the buyer with goods for temporary use with similar characteristics and functions.

Drawing up an application

The claim must be made in 2 copies, signed by both the buyer and the seller.

The application specifies the requirements:

1. on termination of the purchase and sale agreement;
2. about the return of the difference between the purchase price at the time of application;
3. for compensation for all other losses.

The application is written to the seller selling the goods, or to the importer, manufacturer, authorized organization cooperating with the seller (Article 18 of the PZPP).

In this case, the seller bears all costs for returning technically complex goods (Article 503 of the Civil Code).

Return of household appliances

There is a division of equipment into two categories, which is not of fundamental importance when the question of return arises. This categorization was introduced by the government apparatus by singling out specifically technically complex devices.

List of goods related to household appliances

Full list of technically complex devices according to PP No. 924 of 2011:

• Refrigerators/freezers (as individual units or combined products);
• Dishwashers;
• Washing and drying machines (as separate units or combined products);
• Coffee brewing machines;
• Food processors;
• Electric stoves and combined gas-electric units, as well as hobs and ovens;
• Built-in microwave ovens;
• Robot vacuum cleaners;
• Conditioning products;
• Electric water heaters.

Other household technical devices are also subject to the general return rules:

• Irons and steamers;
• Electric kettles;
• Blenders and mixers;
• Juicers
• Toasters, etc.

What to do if the seller refuses?

1. How to draw up a statement of claim. The statement of claim is written in free form with all necessary information about the seller (address, name, contacts) filled out.
   The text of the application must describe all the nuances of purchasing a low-quality product and attempts to resolve the issue pre-trial. Articles of regulations violated by the seller must be indicated. The conclusion indicates the requirements and claims.
2. What needs to be included with the claim. Attached to the application are copies of the passport, a receipt for payment of the state duty, a purchase and sale agreement, a technical examination decision, and a work order (copies). Copies of statements and claims (with answers) sent to the seller earlier (131-135 Code of Civil Procedure of the Russian Federation) will also help in resolving the dispute.
3. Which court should I send the application to? It is necessary to apply to the magistrate or district court at the place of registration of the enterprise or place of residence. According to paragraph 3 of Article 17 of the Law on the Protection of Consumer Rights, plaintiffs on these issues are exempt from paying state fees. The period for consideration of a claim is no more than 2 months (Article 154 of the Code of Civil Procedure of the Russian Federation).

Thus, returns or replacements of technically complex goods are carried out only if there are defects and defects within 14 days after purchase. In other cases, all controversial issues are resolved through the courts.

The legislative framework

The return of purchases that are not related to food products is prescribed in Article 25 of Federal Law No. 2300-1, which regulates the protection of consumer rights of the population.

Expert opinion

Anna Fedorova

Lawyer-consultant

Ask me a question

According to it, you can return a purchased product that does not have defects within two weeks to a regular store, and within a week to an online seller. The reason for a return may be the most common reason: the style or color of the item is not what was expected, the size did not fit, the technical characteristics of the device did not satisfy the buyer’s needs.

Separately, Article No. 18 prescribes the procedure for returning a purchased item if a manufacturing defect is discovered.

In this situation, the buyer has the right to contact the seller with the requirement :

1. Replacement with a similar product
2. Refund.
3. Recalculation of cost taking into account the identified defect.
4. Carrying out repairs at a service center.

The time allotted for contacting the seller in such cases is equal to the warranty period established by the manufacturer for the purchased item.

What responsibility does the seller bear for delay in fulfilling the buyer's requirements?

The seller is liable in the form of a penalty for each day of delay in the amount of 1% of the price of the product for failure to fulfill/delay in fulfilling the following requirements of the buyer - Art. 23 No. 2300-1 Law of the Russian Federation:

• Repair/replacement of warranty items.
• Providing a similar item for the period of repair/replacement.
• A commensurate reduction in the cost of the product.
• Reimbursement of costs incurred by the buyer for the repair of defective goods.
• Refund of money paid for products.
• On compensation for losses caused to the consumer due to the sale of a low-quality product/provision of inappropriate information about it.

If the seller violates the terms of warranty repairs, he is obliged to:

1. Provide you with a refund of the money paid for the product if the repair lasts more than 45 days.
2. Fully compensate for losses.
3. Pay a penalty of 3% of the cost of repair work for each day of delay.

Important! Payment of a penalty does not relieve the seller of responsibility and the obligation to fulfill your requirements.