On the protection of consumers' rights. Return of goods and proper execution of the claim

Today, the entire surrounding world seems to the citizens a huge trading platform. Advertising of goods accompanies citizens everywhere, imposing on them an opinion on the quality, benefits and need to purchase this particular product. As if in opposition to this pressure in our country, a law on the protection of consumers' rights was adopted. The return of goods in it is considered as one of the possibilities to protect the consumer from spending associated with the purchase of a poor-quality product or service. In this case, it is implied that a thing must be replaced by another, or money will be received instead.

Reason for doubt

Many Russian buyers often remain unhappy with the purchases made. At the same time, they know a lot of information about consumer protection. The return of the goods, however, is considered solely as a potential possibility, although it is possible, but not necessarily to be used. Despite the fact that many are disappointed, the idea of the need to enter into a dispute with sellers, to be nervous, to withstand the onslaught of well-trained and able professionals to reject claims by people deprives them of determination. Moreover, they do not at all want to spend money on independent expertise and pay the possible legal costs in case of continuation of the dispute. These doubts are justified. Most citizens believe that only a person who knows firsthand about protecting consumer rights can win this fight. The return of the goods in this case seems to them a war in which it is easy to fail.

Compliance and non-compliance

Quarrels between sellers and people who bought this or that thing and found out a discrepancy in it, strangely enough, are based on this very law, or rather, on that indistinct definition that it gives to the notion of "lack of goods". Each of the parties is well aware and understands that in the protection of consumer rights, the return of goods is an important condition that supports not only the buyer but also the seller. After all, he seems to give a guarantee, has to conclude a sale-purchase transaction. If it were not there, consumers would be more prudent.

Having sold the goods, the seller tries to behave as if the buyer, having taken his hands, already used it and spoiled it. Therefore, it is very difficult to prove a discrepancy. Sellers have two facial expressions. One mask is for a potential buyer, and the second is for an eccentric who has decided to pay a check. Sometimes it's hard to believe that it's the same person.

Essential lack

Therefore, consumers need to know that there is one more concept in the text of the law. It explains such a phenomenon as an "essential flaw". Thanks to that, if the sole fell off in a week, the shoes should be replaced; If things have formed cracks or other flaws, then the law on the protection of consumers' rights requires the return of goods in strict order. There is another insurmountable obstacle in the return of inappropriate things - this is the presence of a check and packing. It is necessary to understand that in the modern world their safety is very important. Therefore, it is simply necessary to develop a habit and allocate a place in the pantry for packing boxes. But keep in mind that the lack of a check in accordance with clause 5 of Art. 18 of the same law, is not an excuse for refusing to return the goods.

You have the right

If the item does not fit you in size, weight, then within 14 days you can easily return it if there is a label, and even when it is bought for sale at a reduced price or because of an obvious defect. Having identified the discrepancy, you are entitled to the following actions.

1. Make a replacement for the goods, having received exactly the same model with the same article.
2. Get a new model with a recalculation of the difference in cost.
3. Demand a price reduction, leaving the goods to themselves.
4. Set up an account for repair or removal of the marriage.
5. To refuse from the goods and demand full compensation of its cost, as well as losses caused as a result of exploitation.

For example, a new washing machine broke down, and the water flooded not only your kitchen, but also the room of neighbors living on the lower floor. This is an excuse to demand full compensation. According to Article 29, in order for the return of goods to be possible when protecting the rights of consumers , it is necessary for the selling party to file a claim in writing.

How to write correctly

When writing a claim, you must specify the following information:

1. Name of the seller.
2. Your personal and contact information.
3. Specify an excuse for filing a claim (describe defects, inconsistencies).
4. Unequivocally formulate the requirements: the elimination of marriage, a refund, a reduction in value, a replacement for another model.
5. How do you intend to proceed with a negative response to the claim.
6. Your signature and date of compilation.
7. Copy of the check.

The claim must be written in a polite tone, the form of the presentation is free. If the purchased item was substandard and brought you additional losses, then describe them.

How to serve

In order for the matter to go, the claim must be handed in correctly. If you decide to do it personally, then, first, take with you two friends who will agree to be witnesses. Have a passport with you. Secondly, contact the employees of this firm to consider the claim in any of its branches, but it is better where the purchase was made. In this case, you give him only one copy. And on the second, ask to sign an employee. If the claim is not accepted, then immediately go to the mail and send it by registered mail, paying at the same time and notice of delivery.

Fight to the end

By law, the result should be expected within one month. During this time, the store or service will consider the claim and give either consent or refusal, or ignore it.

After receiving a positive response, you go to the store, taking your passport with you, the goods to be returned. If the purchase involves a major thing that requires delivery, then the seller should take care of it.

If the result is negative, you will have to ask the court to resolve the dispute.