Art. 25 of the Law "On Protection of Consumer Rights", judicial practice

Almost all spheres of human activity today are regulated by the norms of legislative acts of a specific state. The Russian Federation in this matter is not an exception to the rules. In Russia today there is a fairly effective legislative system, the provisions of which coordinate the key issues of the existence of the population of the entire state. It should be noted that any normative act is just a form of expression of a more complex and extensive category, called law. It exists both in the form of "point" capabilities of man, and in the provisions of extensive legal documents.

The rights of the consumer are an excellent manifestation of the law. This institution characterizes the capabilities of people in the process of interacting with the market to meet their own needs. Consumer rights are inherently the individual capabilities of these stakeholders. But as we understand, any rights can be violated or disputed by other persons. Therefore, the legislator, realizing the fact of the exceptional importance of the consumer in the market, has created certain regulatory frameworks that create a regime for protecting key opportunities of such subjects. An excellent example of protection of consumer rights are the provisions of Article 25 of the Federal Law "On Protection of Consumer Rights", which is often used in court practice.

Features of the Law Institute

The RF Law "On Protection of Consumer Rights" is a normative, documentary manifestation of the same name institution. It, in turn, represents a whole range of methods and actual measures that are developed by the state with the aim of coordinating the relationship between the consumer and business entities. In this case, the main feature of such relations are the goals, according to which the consumer enters into interaction. The bottom line is that the institution extends its effect only to those moments in which a person purchases goods in order to meet any personal needs, for example, household needs, etc. Otherwise, we can not talk about the existence of consumer relations.

Great importance is also played directly by the subjects of such interaction. The social department of consumers is the leading market participants, without which there would simply be no demand. Therefore, their opportunities and freedom of action must be constantly defended. Otherwise, the social department of consumers will stop moving the market with its demand.

Normative fixity of the Institute

The RF Law "On Protection of Consumer Rights" is a key normative act, the provisions of which regulate relations in this area of human activity. In the regulation vertical, this ABA is the key. At the same time, the norms of the federal law are system-forming, that is, in most cases they refer to other state acts. Nevertheless, the provisions of the Federal Law are designed in such a way that the norms of the law of other acts and legal branches correspond with them. If we talk specifically about any interesting provisions of the NAP, then this is art. 25 of the Law "On Protection of Consumer Rights". This rule of law secures the unique opportunities of consumers in the process of their implementation of the contract of sale in the market.

Features of the article

Art. 25 of the Law "On Protection of Consumer Rights" contains several key opportunities for an ordinary participant in trade relations. It should be noted that to date there is a fairly extensive system of judicial practice affecting this issue. Thus, Article 25 of the Federal Law gives the consumer the right to return the goods. Realization of this possibility occurs under certain conditions. Moreover, the provisions of the article allow not only the right to return the goods. The second part of the norm speaks about the reimbursement of the sum of money. Thus, consider Art. 25 of the Law "On Protection of Consumer Rights" is necessary in stages, analyzing each of its elements separately. This will make it possible to more effectively understand all the nuances of the institute.

Consumer rights Protection. The right of the consumer to exchange goods

Each participant in the modern market has many opportunities. In turn, the rights of consumers of the Russian Federation are exhaustively manifested in the norm of Article 25 of the said law. In this case, the first part of the situation characterizes the exclusive ability of any buyer to exchange goods. In this case, it should be noted that the replacement is made in two cases:

• The product has an inadequate level of quality;
• Goods do not fit the consumer by any parameter, for example, style, size, color, etc.

Thus, the rights of consumers of the Russian Federation to exchange products are not limited to the quality of its manufacture. The legislator provides alternative forms of application of legal design in order to fully ensure the realization of the interests of individuals. But as we understand, any legal procedure is carried out only in the presence of certain aspects.

Terms of exchange

Return the product and get a new one only if the buyer has met certain points that the RF Law "On Protection of Consumer Rights" provides to us. Art. 25 shows the following list of conditions that make it possible to exchange goods, namely:

• Firstly, after the time of purchase, no more than 14 days have elapsed;
• Secondly, the goods were not used;
• Thirdly, the product has retained its type and properties necessary for its further consumption;
• Fourthly, all the necessary seals, labels and other similar elements have been preserved;
• Fifthly, the buyer has on hand a document confirming the fact of acquisition.

This list of conditions is exhaustive, which is confirmed by Article 25. The right of the consumer to exchange goods is guaranteed and ensured, but for this the listed points must be exactly observed.

Money back mechanism

In addition to the represented legal mechanism for the exchange of goods, there is also an alternative scenario developed by the legislator. According to the second part of Art. 25 of the Law "On Protection of Consumer Rights", the buyer has the right to demand the return of money paid for the goods, and not his replacement. Of course, the application of this rule also requires certain legal moments or conditions. However, the very possibility of a refund of money has a great influence on the doctrinal development of the institution of consumer protection in the Russian Federation. The existence of such a norm confirms the fact of the state's concern for its citizens and their role in trade activities, which brings a lot of positive moments to the country.

Conditions for receiving money

Of course, the return of goods by the consumer and recovery from the seller of the amount paid for it can not be carried out only on the basis of the buyer's desire. To implement such a mechanism, certain conditions are necessary, which are not always present. Therefore, in order to receive cash, a number of the following are required, namely:

• A similar product is not available at the time of the consumer's contact with the seller;
• The consumer demands the return of only the amount that was paid for the goods.

If the opportunity to return money does exist, then the seller must realize it within the next three days after the direct appeal. Otherwise, the consumer can write a complaint against him to the appropriate authority. It should be noted that this rule is not mandatory. Its use allows for certain agreements between the consumer and the seller. For example, by mutual agreement, money for the goods can not be returned. Instead, the seller will wait for the appearance of a similar thing at his disposal, and then immediately notify the consumer about it.

Goods that can not be exchanged

Article 25 of the RF Law "On Protection of Consumer Rights" contains a remark that the Russian government has the ability to impose a ban on the return of certain types of goods. Vedomosti about them are presented in a special list. According to its provisions, perfumery-cosmetic, textile, chemical goods, a furniture set, chemistry and pesticides, plants, weapons, animals, etc., are not subject to return. The list is rather large, which in many cases introduces the ordinary consumer into complete perplexity. After all, in this case the question arises: what goods can be changed at all? The list itself is endowed with a large number of legal errors. They, in turn, are overcome in the process of judicial activity, when considering cases of violated consumer rights. In most cases, the application of the norms of Article 25 and the list is made by judges on the basis of their personal knowledge and subjective opinion on all the circumstances of the case.

What is the remote purchase of goods and what is its legal regime?

It should be noted: Art. 25 of the Law "On Protection of Consumer Rights" implies the usual process of acquiring goods, that is, by personally entering into a standard contract of sale. However, in the Federal Law there is article 26.1. In it the mechanism of remote purchase of the goods is fixed. This moment requires a lot of attention, since buying a thing happens blindly. In fact, the consumer can not initially become familiar with all the structural and quality features of a particular thing. In addition, the remote nature of the purchase is confirmed by the fact of delivery of the goods to the buyer's location.

Is it possible to exchange with a remote purchase?

Article 26.1 of the Federal Law is the prototype of the rule of Article 25. As in the case of regular purchase, there is an opportunity for the exchange of goods with the remote one. The refusal of the goods on the basis of Article 26.1 can be made both before the moment of its immediate transfer and after. In the second case, notice of the refusal of the buyer must be made within 7 consecutive days. As for the conditions for the exchange of goods, they are similar to those that are presented in Article 25 of the federal law. In addition to the exchange, the buyer can demand a refund of money from the seller.

Conclusion

So, in the article we considered the provisions of Article 25 of the Federal Law "On Protection of Consumer Rights", as well as its relationship with the provisions of the norm 26.1 of the same official act. In conclusion, it should be noted that for the practical industry the issue of exchange of goods and return of money for it is quite acute. After all, in the process of solving such a dilemma, the interests of both the consumer and the business entity are affected. Allocating someone in this case is impossible, since both sides are strong representatives of the market. Therefore, the mechanism of application of norms should be constantly modernized so that it can meet all the interests of the actors involved.