Tip of the day: How to return a product under warranty? Repair of goods under warranty Repair or exchange of goods under warranty.

It would seem, what difficulties can arise when handing over equipment for warranty repairs? Brought to the store, gave away, picked up after repair. In fact, everything is not so simple and there are nuances, ignoring which can result in a headache for the buyer. Today we will talk about how to properly hand over phones and household appliances for repair.

What is warranty repair?

One of the options offered by the law "On the Protection of Consumer Rights" in the event of defects in the product is the immediate removal of product defects free of charge. In other words, warranty repair. The law implies that this repair should be free for the consumer. That is, you do not have to pay for the repair work itself, nor for all the necessary spare parts and parts.

Shop or SC?

Few people know that a claim for free warranty repair can be submitted not only to an authorized service center, but also to the store itself. In practice, some stores can be cunning and redirect customers to a service center. By law, the choice between a store and a service center is up to the buyer.

If you are faced with a choice of whom to entrust the warranty repair of your equipment, pay attention to the following nuances:

• territorial location - go to the website of the manufacturer of your brand household appliances. In the "Support" section, look for a list of authorized service centers in your city. If there were none, and it’s too expensive to travel to another city, contact the store;
• the presence of a replacement fund - check before handing over for repairs whether they can provide you with a product for the period of repair and which one;
• how the delivery of bulky goods is ensured and whether it is possible for the master to come to the house.

If both the store and the SC are equally available, we recommend that you take the goods for repair through the store. In this case, the store will be responsible for all damage to your equipment and for all delays in terms. In the case of delivery to the SC directly, if the repair deadlines are violated, the store may refer to the fact that it did not send you to this service center and cannot bear full responsibility for its actions. Service centers, in turn, often refer to the fact that, under an agreement with the manufacturer, they do not refund money for goods or exchange for a new one in case of violation of the repair deadlines. Both can be challenged in court, but it is better to protect yourself from such controversial issues in advance.

Terms of warranty repair

According to the law, the defects of the goods declared by you, the store or service center must eliminate immediately, that is, within the minimum period objectively necessary to eliminate them, taking into account the commonly used method. The wording is not very successful and not sufficiently defined, but in any case, according to the law, the terms of warranty repairs cannot exceed 45 days. This period is counted from the date of delivery of the goods for repair (the day of delivery is not considered, the first day of the period will be the day following it). Within 45 days, the store and the service center are required not only to find the cause of the breakdown, but also to ensure the supply of the necessary spare parts and carry out repair work. In addition, it is during this period that the store and the SC must notify you of the completion of the repair.

If the prescribed 45 days have expired, and you still haven’t seen your equipment and haven’t been notified by the store about the readiness of the goods after repair, we recommend writing. Firstly, in it you can present another requirement (instead of repair), for example, a refund or exchange for new product(including more expensive or cheaper ones with price recalculation). Secondly, for each day of delay you can claim.

We hand over for repair

Delivery of equipment for warranty repair must be documented. The store or service center is obliged to issue you a receipt or an act of acceptance of the goods for repair. This act must include:

• the name of the host organization or individual entrepreneur, contact addresses and telephone numbers - that is, a store or service center;
• your full name, address, contact phone number;
• product name, model, brand, serial number or IMEI;
• description of the appearance of the goods (it is better to specify the presence of damage, scratches, abrasions in detail);
• completeness of the goods - headphones, headset, charger, box, protective film, etc. Please indicate everything that you are transferring. By the way, if the factory packaging of the goods has not been preserved, the store and the SC still do not have the right to refuse to accept the goods for repair;
• the purpose of receiving the goods is a warranty repair or quality check (if you do not need repairs, we recommend that you specifically state this in writing. Indicate that you are asking for a refund or exchange of goods);
• the actual date of delivery of the goods to the store or SC - it is from it that all repair periods will be counted;
• defects that you ask to check or eliminate (indicate in as much detail as possible all your claims on the quality of the goods so that the store or service center checks them all during repairs).

Upon delivery of the goods, you will also be required to have a cash or sales receipt for the purchase of equipment and warranty card. Keep in mind that it is best to keep the originals of these documents if possible. If a store or SC fundamentally requires originals, be sure to make copies of the receipt and warranty card for yourself: you may need them in court if the repair situation is not resolved voluntarily.

Also keep in mind that, by law, the delivery of large-sized goods weighing more than 5 kg to warranty repair and back must take place forces and at the expense of the store (service center). If you are forced to carry the refrigerator for repairs yourself, be sure to keep receipts for payment for delivery services and movers. These amounts are your losses and must be reimbursed by the store or service center.

Even if your defect is not confirmed, the store or service center does not have the right to demand that you reimburse the costs of shipping the goods and paying for the “exit of the master”.

Not all buyers know that for the period of warranty repair, you can ask for the so-called "replacement fund". It's free. To receive goods from a replacement fund, it is enough to write an application in any form addressed to the store manager or SC with a request to provide free replacement goods for use during the repair. Product with the same basic consumer properties, like your equipment, you must provide within 3 days from the date of application.

Of course, the law does not oblige stores and service centers to provide replacement plasma, iPads or expensive touch phones for the duration of the repair. Therefore, a store or SC can provide a simple cell phone or a regular TV. However, the absence of a replacement fund is a violation of consumer rights. If you were refused the issuance of goods for use during the repair, you can complain about the actions of the store or the SC to Rospotrebnadzor and ask for a penalty in the amount of 1% of the cost of the goods for each day of delay in providing a replacement fund ().

Remember also that there is a list of goods for which stores and SCs have the right not to provide a replacement fund(Decree of the Government of the Russian Federation No. 55 of 19.01.1998):

• cars, motorcycles and other types of motor vehicles, trailers and numbered units for them, except for goods intended for use by the disabled, pleasure craft and watercraft;
• furniture;
• electrical household appliances used as toilet items and for medical purposes (electric shavers, electric hair dryers, electric hair curlers, medical electric reflectors, electric heating pads, electric bandages, electric blankets, electric blankets, electric brush hair dryers, electric hair curlers, electric toothbrushes, electric hair clippers and other devices having contact with mucous membranes and skin);
• household appliances used for thermal processing of products and food preparation (household microwave ovens, electric ovens, toasters, electric boilers, electric kettles, electric heaters and other goods);
• civilian weapons, the main parts of civil and service firearms.

Getting out of repair

If your repair was completed within the stipulated time, when returning the goods from repair, be sure to check the following points:

• check on the spot appearance goods, completeness. If there are scratches or dents on the body that were not specified during the delivery, or if any of the components is lost, immediately inform the receiver about it. It is also advisable to immediately submit a written application for the elimination of such damage or the issuance of replacement components instead of the lost ones;
• ask for the original purchase receipts and warranty card to be returned to you;
• ask for a certificate of acceptance of work, which should indicate the actual terms of the item being repaired, the identified shortcomings and a list of repairs performed (including replaced spare parts).

Be sure to keep all warranty repair certificates or keep copies of them if the originals are required by the store or SC. By law, for the time the product is being repaired (i.e. from the moment of delivery until the moment it is returned to you), the warranty period is extended. In case of disputable situations, it is with these acts that you can prove the period for which the warranty period of your equipment has been extended. In addition, for technically complex goods, in order to claim a refund for a purchase, sometimes you need to prove that this particular problem has already been fixed by you under warranty or for several repairs within 1 year you have run more than 30 days. Warranty certificates will also help you with this.

Or maybe you can do without repair?

In some cases, the buyer can indeed refuse warranty repairs and immediately demand a refund. If your product does not belong to, then if there is any manufacturing defect, you can ask for a refund or demand an exchange for a new product. Some stores mislead customers and report that they can only offer the buyer a repair. In this case, we recommend that the buyer write to the store a claim for a refund or exchange of goods, because the right to choose the requirement that is presented to the store belongs to the consumer. The store is not entitled to impose warranty repairs instead of other options.

As Art. 19 of the Law of the Russian Federation of February 7, 1992 No. 2300-1 "On consumer protection", non-food products can be returned during the entire warranty period. Moreover, the found defect is not the only legitimate reason for the return.

Other legal grounds for returning goods under warranty

According to Civil Code, other grounds are:

1. Failure to provide reliable data on the properties of the goods in full (Article 495). This thesis is confirmed by Art. 12 of the aforementioned law. Here we mean an instruction available to a non-specialist in the state language;
2. Characteristics of a thing not suitable for the buyer (Article 502). These include color, shape, equipment, dimensions, etc.

How is the legal countdown of the warranty term?

If the installer did not sign special deadlines guarantee contract - from the moment the customer makes a purchase/receives an order.

If there is no documentary confirmation of the date of purchase, the beginning of the calculation of the warranty period is the day of production of the goods.

Attention

Sometimes the warranty period for individual parts of the purchased device is longer than for the model as a whole. The consumer has the full right to return the item before the expiration of the warranty period for its components.

Warranty period for seasonal and mail-order items

The sale of seasonal goods (these include clothing, some accessories, shoes) has its own characteristics regarding warranty periods. The calculation is carried out from the day of the onset of the season, taking into account the climatic features of the region where the buyer lives.

If the purchase was made remotely, without direct contact between the buyer and the seller, the day of delivery is considered to be the beginning of the warranty.

But the above Law defines exceptions to the rule.

They relate to cases where the buyer is unable to use the goods immediately after receiving them (for example, due to defects or the need for installation). The warranty does not take effect until the problem is solved.

A warning

The law establishes a special procedure for the return of goods with a guarantee of less than two years, if significant defects that have arisen through the fault of the supplier are found. In this case, you can put forward a demand after the expiration of the term. A claim for a refund is made within two years from the date of purchase (Article 19 of the Law "On Protection of Consumer Rights").

The right of the consumer to return the goods and the obligations of the seller

The seller refuses to take back a defective item with a guarantee without a receipt? According to Art. 18 of the aforementioned Law of the Russian Federation, his actions are illegal.

Documentation confirming the purchase is not required when returning goods with a visible defect. The buyer has the right to demand an examination and a refund of the money spent, even if the check is irretrievably lost.

Convinced of the fact of sale to them poor quality products, the seller must accept the goods and make a thorough inspection. After that, he is obliged to return the purchase price to the injured party.

In addition, if the occurrence of a defect in the goods before the receipt by the consumer by mail or other remote means is proven, the seller has a legal obligation to pay for a third-party examination (if any), the costs of storing and transporting the item. He also compensates for all possible losses.

Conditions for returning goods of good quality

Are you going to return a quality item that can be returned? Then you must present a check, invoice or other similar document. The return is made in the presence of all labels, manufacturer's seals, proper form and preservation of consumer qualities of the product.

Information

As indicated in paragraph 2 of Art. 25 of the Law of the Russian Federation "On Protection of Consumer Rights", the return of a quality product that is under warranty is made only if it is impossible to replace it with a similar one. If a refund occurs, the amount recorded in the check is fully compensated.

A separate issue is the return of remotely purchased goods without defects under warranty. With this type of sale, the client is notified in writing of:

• consumer properties;
• terms of possible return;
• the procedure for returning the item to the seller, etc.

If the condition is not met, he has the legal right to return the ordered products with a valid warranty within a period of three months (Article 26.1 of the Law mentioned above).

Payment of a penalty when returning goods under warranty

As indicated in Art. 24 of the Law "On Protection of Consumer Rights", upon detection of a marriage, the buyer has the right to demand compensation for the difference between the cost of the goods at the time of its purchase and on the day it is returned to the seller.

It also provides for the payment of a penalty when buying on credit. In this circumstance, the seller reimburses the amount of the loan repaid by the buyer and compensates the commission for the execution of the loan agreement. They also cover payments and interest on a consumer loan taken.

According to Art. 22 of the same Law (“Terms for meeting certain consumer requirements”), the seller is obliged to return the money within ten days from the date of notification of the return of the purchase.

Every purchase has its own lifespan. It is one thing if the refrigerator has been useful for 10 years, and quite another if it breaks down a month after purchase. What to do in such a situation? The editors of TAM.BY dealt with this together with Dmitry Korzhenevsky, a licensed lawyer.

What can we demand?

Let's continue with the example of a refrigerator. We remember that it broke a month after purchase. In this case, the buyer has several options: replace it with a new one, demand a commensurate reduction in the purchase price, demand immediate free repair or reimbursement of repair costs.

The refrigerator belongs to the group of technically complex goods, the list of which is approved by the Government of the Republic of Belarus. If there is a clear, significant flaw in such a product (for example, the refrigerator does not cool anything), you can demand its replacement.

Also, instead of all of the above options, you can ask for a refund for an unsuccessful purchase.

To whom should claims be addressed?

All claims must be addressed to the seller first. You can also contact the manufacturer or an authorized repair organization.

By the way, the absence of a sales receipt is not a reason for refusal. You can refer to the testimony of witnesses, provide parts of the package with the seller's marks. Anything that proves the fact of acquiring a refrigerator in our case will do.

Don't forget to write an application. This can be done right in the store, or you can bring it with you already. finished document. In it, be sure to indicate your requirements: refund, exchange of goods or repair.

How quickly does the seller respond to complaints?

Immediately. Here we mean the seller, the manufacturer, the supplier, and the representative. Defects of the goods must be eliminated at the time of the buyer's request. If this is not possible, then the maximum allotted time is 14 days from the date of submission of claims.

If you wish to replace an item, the seller must do so immediately. If necessary, its additional verification - within 14 days. In the absence of the same refrigerator on the day of the buyer's request, a month is allotted for its replacement. If the same product is not available for reasons beyond the seller's control, then he is obliged to replace it with a similar, but different model. Of course, with your consent.

Claims for a commensurate reduction in the purchase price, reimbursement of repair costs, termination of the retail sales contract and/or refund of money shall also be granted immediately. But if for one reason or another this is not possible, the maximum period is increased to 7 days, and if it is necessary to conduct an examination - up to 14 days.

Who pays for the examination?

Examination of goods in any case is carried out at the expense of the seller. The buyer does not have to pay for anything. But if as a result of the check it turns out that you broke the goods, then the fee for the examination falls on your shoulders.

You can return the item for repair to the seller. The buyer has the right to bring a faulty new thing to the store and ask to fix it.

If you are told that they are not engaged in repairs and you need to carry the goods to a service center, write a statement or leave an entry in the Book of Complaints and Suggestions, indicating a request to repair the goods and the seller's refusal to do so. The seller has no right not to accept the goods for repair.

How to live 14 days without a refrigerator?

They can repair the refrigerator for two weeks, return the money for it - the same amount. How to live without a refrigerator all this time?

In this case, you can demand to provide you with a similar product for a while while yours is being repaired or replaced.

The seller is obliged to do this within three days and deliver the refrigerator at his own expense. True, this rule only works for a group of durable goods. The microwave oven, for example, does not apply to them. The list of such goods is approved by the Government of the Republic of Belarus.

By the way, for violation of the deadlines for the replacement of goods, repairs, refunds, even for violations of the terms for providing goods for temporary use, you can demand a penalty from the store in the amount of 1% of the value of the goods for each day of delay. In some cases, this can be an impressive amount.

The nuances of returning goods under warranty are prescribed by the Law of the Republic of Belarus “On Protection of Consumer Rights”. You can safely refer to it in case of disputes.

If an attempt to return a low-quality product has turned into a real war, you can turn to lawyers for help. A competent specialist can be found in the TAM.BY company directory. Here are some relevant examples.

Last update: 01/30/2020

The most common requirement of the consumer when identifying a defect in the goods is a warranty repair. According to the law, all costs in connection with its implementation are borne by the seller, the manufacturer or the organization that imported the goods from abroad (hereinafter referred to as the obligated person). Naturally, to evade such a burden is one of the first tasks of the seller (manufacturer, importer).

We have compiled detailed instructions, following which you can achieve high-quality repairs under warranty in a short time.

What you need to know

First, let's deal with the main points that you need to know when finding deficiencies and submitting a repair request.

What deficiencies need to be corrected

The defect is subject to elimination if it was not provided for in the contract or otherwise specified by the buyer during the sale. So carefully look at the documents for the product, and if they indicate that the product was purchased with a defect (for example, a refrigerator whose freezer lighting does not work), then such a defect will not be eliminated as part of the warranty repair.

Is it worth it to repair

Warranty repair is an alternative requirement of the buyer. Instead of repair, the consumer may demand a refund, replacement of goods, reimbursement of expenses for repairs that the buyer makes on his own, etc. But the freedom to choose these requirements belongs to the buyer when it comes to durable goods that are not technically complex goods.

With technically complex goods, the situation is more complicated (). If the first defect (with the exception of a significant one) is found after 15 days after the purchase, a technically complex product can only be repaired (exchanged, no refund can be made).

Therefore, if we are talking about a simple durable product or a secondary repair of a technically complex product, one should take into account one's own interest. Perhaps a refund or replacement of the goods would be more cost-effective.

Terms of warranty repair

There are periods when repairs can be recognized as warranty and, accordingly, free of charge. Such terms are usually divided into the following categories:

• during the warranty period;
• after the warranty expires, but within 2 years;
• after 2 years, but during the service life;
• after 2 years, but within 10 years if the service life is not specified.

Where to go

The customer may choose to contact:

• the seller;
• the manufacturer of the goods;
• to the importer (the organization that delivered the goods from abroad).

A visual table of the buyer's appeal for warranty repairs.

Period	Fault type	Who can you contact	Responsibility for repairs	Buyer's obligation to prove manufacturing defects
During the warranty period	Common disadvantage		Yes	No
During the warranty period	Significant disadvantage	Seller, manufacturer, importer	Yes	No
	Common disadvantage	Seller, manufacturer, importer	Yes	Yes
After the warranty period expires within 2 years	Significant disadvantage	Seller, manufacturer, importer	Yes	Yes
After 2 years, but the service life period	Common disadvantage	Manufacturer	No	-
After 2 years, but during the service life,	Significant disadvantage	Manufacturer	Yes	Yes
	Common disadvantage	Manufacturer	No	-
After 2 years, but within 10 years if the service life is not specified	Significant disadvantage	Manufacturer	Yes	Yes

Non-warranty cases

Please note that not all damage may be covered under warranty. The seller (manufacturer, importer) is not obliged to eliminate defects free of charge if they arise due to:

• careless operation (for example, dropping cell phone from a great height)
• improper use (for example, using a blender to loosen the soil for house plants);
• exposure to natural elements, as well as substances that are not compatible with the performance of the product (for example, liquid getting on a laptop);
• incorrect transportation or storage of goods (for example, transportation of a monitor in a metal car body without fixing and softening materials).

Instruction

Consider the algorithm of the buyer's actions when making claims for warranty repairs. There are two possible scenarios for the turn of events:

1. the seller (manufacturer, importer) recognizes the case as a warranty case and makes repairs voluntarily
2. the seller (manufacturer, importer) refuses to carry out repairs

1. The procedure for the buyer, if the seller will carry out repairs voluntarily

Come to the seller with a statement

It is necessary to arrive at the seller (manufacturer, importer) and submit a written request for the free elimination of product defects (). Any person under a notarized power of attorney can represent the buyer's interest. Such cases, of course, should only be entrusted to a lawyer or a person experienced in such matters.

The application for warranty repair must be handed over to the obligated person against signature, that is, the second copy (which will remain with you) must be signed responsible person seller (manufacturer, importer), sealed and dated.

Transfer the goods

Together with the application, the seller (manufacturer, importer) receives a defective product. By law, the seller is obliged to accept the goods, even if the case turns out to be out of warranty. The transfer of goods for warranty repair must be documented by an act of acceptance of the goods from the buyer. This document must be prepared by the seller. But be sure to make sure that the document contains the following information:

• date of transfer of goods;
• from whom the item was received;
• who received the goods;
• a detailed description of the goods indicating the serial (other identification) number, external damage or traces of operation (if any);
• the presence or absence of factory seals;
• description of the signs of damage according to the buyer;
• confirmation by the seller that the case is under warranty and the goods are accepted for repair.

You should be aware that if the product weighs more than 5 kg or is large, the buyer may require the delivery of the goods from the location of the goods for repair and back at the expense and forces of the seller (manufacturer, importer), or compensate for the costs of self-delivery.

Perform product quality check

The situation with the transfer of goods and the repair can be complicated if the seller cannot immediately recognize the repair as warranty and is going to check for defects. The check can be carried out:

• immediately upon delivery of the goods;
• some time after receiving the goods.

When the quality check is carried out immediately on the spot and the defects of the goods are confirmed, the act of acceptance and transfer of goods for repair from the buyer to the seller (manufacturer, importer) is drawn up immediately after the check, that is, almost at the same time as when submitting claims for free repair .

In a situation where the seller intends to check later, the goods must be sealed in packaging material (polyethylene, cardboard box etc.) in such a way as to exclude access to the goods (opening, disassembly, etc.) without the participation of the buyer. The package must be signed by the buyer and the seller (manufacturer, importer).

The packaging can be opened when the goods are checked by the seller in the presence of the buyer, which is noted in the document on checking the goods. If the seller carried out the check without notifying the buyer and opened the package without him, then all the results of the check can be called into question.

All these precautions are necessary to avoid illegal actions of unscrupulous sellers, creating the appearance of the consumer's fault in the shortcomings of the goods. For example, liquid may be spilled on the laptop on purpose, resulting in a short circuit. Under such conditions, of course, the cause of failure will be supposedly improper operation (liquid ingress). The blame is thus shifted to the consumer.

Request a replacement item while it is being repaired

The consumer has the right to demand the transfer of a similar product to him for the period of repair. Such a requirement should be stated in writing in the application (). The seller, manufacturer or importer is obliged to provide the buyer with a free temporary replacement of the goods within three days. But it should be borne in mind that not any product can be received for temporary use during the repair period. The following items are not provided:

Repair times

The law provides for two types of terms for warranty repairs:

• within 45 days with the conclusion of a written agreement on the repair period;
• immediately (as far as the level of technical progress allows, depending on the complexity and laboriousness of the repair). In any case, this period shall not exceed 45 days.

The term is calculated from the moment of transfer of the goods and until its return to the buyer with the defects eliminated. At the same time, quality control, examination, or litigation does not suspend the course of the total period of warranty repairs.

There are cases when the seller does not fit into the terms of repair. You should be aware that the seller cannot have any good reasons to justify their delay (even in the absence of the necessary materials, spare parts and components, etc.). Therefore, such explanations cannot be an indisputable basis for a conclusion with the buyer additional agreement about extending the terms of warranty repairs or meekly waiting for the end of a protracted repair.

In case of violation of the repair period, the following situations are possible:

• the seller and the buyer can draw up an agreement to extend the terms (the agreement is drawn up on a voluntary basis);
• the buyer may refuse to repair and put forward other requirements regarding the quality of the goods:
  1. replacement for a similar product;
  2. replacement for a product of the same brand, but of a different model with recalculation of the price;
  3. refund of money paid for the goods;
  4. commensurate reduction in the price of the product.

Violation of the terms of the warranty repair of the goods may be to the advantage of the buyer who has handed over a technically complex product for repair, since such a delay allows you to put forward other requirements (refund, replacement, etc.), which initially the consumer, who owns a technically complex product, cannot put forward upon detection defect.

However, the buyer, who decides to take advantage of the violation of the deadlines to put forward new requirements, must take measures to reclaim the goods from the obligated person. Otherwise, the seller (manufacturer, importer) can repair it (in violation of the deadlines) and then it will be impossible to put forward other requirements.

In addition, the buyer can simply demand a penalty (fine) for the violated repair period or the deadline for providing goods in exchange for the repair period. The fine is 1 percent of the value of the goods for each day of delay.

For example, a music center worth 10,000 rubles was handed over for repairs. The buyer submitted a demand for the provision of a similar product, which was presented not within 3 days, but after 7 days. Accordingly, the delay is 4 days, that is, 4 percent of the value of the goods (1 percent x 4 days). Thus, the seller must pay a fine in the amount of 400 rubles. (4 percent x 10,000 rubles).

It should be noted that the need to pay a fine should be submitted in writing to the seller (manufacturer, importer), otherwise it is considered that the buyer waives his right to recover the penalty.

Return of goods after warranty repair

When the repair is completed, the seller must notify the buyer of the possibility of receiving the goods back.

Upon receipt of the goods, you should carefully inspect it for safety and the absence of new defects (which were not there before). Demand that you demonstrate the serviceability of the goods and submit a report (certificate) on the repair. The help states:

• date of request for repair;
• when the goods were accepted from the buyer;
• the period of the repair;
• description of the existing shortcomings, used spare parts and components for repairs;
• confirmation of the elimination of the defect;
• the date the item was returned to the owner.

2. The procedure for the buyer in case of refusal of the seller (manufacturer, importer) from the warranty repair

Transfer the application and the goods to the seller

The first two steps of the buyer's actions in case of the seller's (manufacturer's, importer's) unwillingness to carry out warranty repairs are similar to the actions of the consumer when the seller voluntarily satisfies his requirements for the elimination of defects in the goods. Therefore, we confine ourselves to the above description.

The seller refers to a non-warranty case

The seller (manufacturer, importer), after checking the quality of the goods, does not recognize the obligation to repair free of charge, referring to non-warranty case. The situation can develop in two scenarios:

1. the seller (manufacturer, importer) organizes and conducts an examination of the quality of the goods
2. the obligated person refuses further manipulations with the goods, referring to the sufficiency of his quality control

In the first case When the seller (manufacturer, importer) plans to submit the goods for examination, the goods must be packed, sealed and sealed with the signatures of the seller and the consumer.

The opening of the package must be carried out by an expert during a commodity examination in the presence of the buyer.

In the second case when the seller refuses to conduct an examination, these events are organized by the consumer himself.

The seller agrees with the positive expertise for the buyer

If the results of the examination are positive for the buyer, the actions of the seller (manufacturer, importer) are usually aimed at satisfying the stated requirement for the repair of the defect, since the obligated person understands that the outcome of the dispute is already a foregone conclusion in favor of the consumer and further litigation promises him nothing but additional costs. In addition, the search for right and wrong may lead to missing the deadline for repairs, which gives the buyer the right to put forward a new, more stringent demand (including the rejection of the sales contract and the return of money paid for the thing). And the seller certainly strives to avoid this, especially when it comes to technically complex goods.

Going to court

However, there are not isolated cases when the seller (manufacturer, importer) goes all the way, all in. Then you can force a warranty repair only in court.

If the buyer timely and in prescribed form turned to the seller (manufacturer, importer) with an application for warranty repair, and the conclusion of the examination confirms the correctness of the consumer, then the case is winning.

Before applying to the court, it is necessary to send a claim to the obligated person, in which to refer to the conclusion of the commodity examination. If the claim is refused, it must be attached to the statement of claim in court. And if the answer is not received, then indicate this in the claim. A claim left unanswered is the same as a refusal to satisfy it.

Naturally, a professional person (lawyer, lawyer, representative of the consumer rights protection committee) should be involved in the preparation and conduct of a case in court.

Execution of a court decision

After the court decision comes into force, receive a writ of execution and transfer it to the bailiffs department. The bailiffs will do the rest.

Comparative table of actions of the buyer in various positions of the obligated person

The seller, manufacturer or importer voluntarily fulfills the warranty repair claim	The seller, manufacturer or importer refuses to satisfy the requirement to eliminate defects in the goods before the examination of the goods	The seller, manufacturer or importer refuses to satisfy the requirement to eliminate defects in the goods before the court decision
Fault detection	Fault detection	Fault detection
	Repair Claims	Repair Claims
Transfer of goods for inspection	Transfer of goods for inspection	Transfer of goods for inspection
Repair warranty confirmation and repair		Recognition of the case as non-warranty
Return of goods to the consumer	Carrying out an examination of the goods	Carrying out an examination of the goods
-	Carrying out repairs	Refusal to satisfy the demand of the consumer
-	Return of goods to the consumer	Submission of pre-trial claim
-	-	Making a judgment
-	-	Appeal to bailiffs
-	-	Compulsory repair of goods
-	-	Return of goods to the owner

About the warranty period

When carrying out repairs, the warranty period is suspended for the period from the moment the claim is made until the return of the goods to the consumer. If there was a litigation and the case was in favor of the buyer, then the entire period of litigation also does not count towards the warranty period.

For example, the warranty period for the TV is 1 year and is set from 01/01/2019 to 01/01/2020. The consumer contacted the seller on 12/30/2019. .

Please note that if a repair replaces a component that was covered by a separate warranty in addition to the warranty for the product as a whole, then the replaced part will be covered by a new warranty of the same duration as it was before the replacement. Its term will begin to run from the moment the goods are transferred to the buyer.

For example, the laptop came with a power supply, which has a 6-month warranty. After 5 months, the laptop failed and was handed over for repair. As a result of the repair, the laptop's video card was replaced and the power supply was replaced. For a laptop, the warranty period remains the same (minus the repair period), and a new 6-month warranty is installed on the power supply, which began to be calculated from the moment the goods were returned to the buyer.

About primary and secondary repairs

Primary repair is when the defect of the goods has arisen and is repaired for the first time.

Secondary repair - required re-repair with repeated occurrence of a defect. At the same time, it does not matter what the frequency of the defect is (exactly the same defect or of a different nature), the main thing is that the same product is subject to repair more than once.

Please note that if the product has several shortcomings at once, but the request for repair will be the first time, then such a one-time repair will be the primary one, regardless of the number of shortcomings being eliminated.

Such a question arises sharply with the shortcomings of a technically complex product, since the primary or secondary nature of the repair determines the range of consumer requirements. Recall that in the presence of a significant drawback, the choice of consumer requirements does not depend on the number of repairs.

A visual table of consumer requirements for a technically complex product.

During initial repair	For secondary repair	When a significant deficiency is found
compensation of expenses for repairs by the consumer or third parties	free troubleshooting replacement for a similar product replacement for the same product of another model with recalculation decrease in the price of a commodity	free troubleshooting replacement for a similar product replacement for the same product of another model with recalculation of the price refund of money paid for goods decrease in the price of a commodity compensation of expenses for repairs made by the consumer or third parties

Compensation of the consumer's expenses for repairs made by himself or by a third party

The buyer is not prohibited from independently repairing the goods and subsequently recovering the costs from the seller (manufacturer, importer). Sometimes the buyer does not trust the repair of third-party or simply unknown organizations, or there are situations when the repair needs to be done urgently, without delay, or the remoteness of the seller does not allow for a timely claim for warranty repairs. However, there are several important points that determine the success of the implementation of such a right of the buyer. Let's take a closer look.

Who can make repairs

So, the repair of a defective product can be made:

• the buyer himself;
• third party.

In turn, third parties are:

• any third party (both a citizen and an organization);
• a specialized organization (certified specialist) that has the right to carry out repair work, taking into account work experience, an existing license, accreditation, certification, etc.

What expenses are reimbursed

1) If the repair was carried out by the buyer himself:

• the cost of spare parts, components, etc.;
• expenses for the delivery of spare parts and components, if it is impossible, due to their specificity and rarity, to be purchased at the place of repair;
• the cost of consumables (glue, hardware, seals, wires, etc.);
• the cost of disposable tools and fixtures for repairs.

2) If the repair was carried out by an outside organization (specialist), the costs include the cost of:

• spare parts, components, as well as their delivery;
• Supplies;
• disposable tools and devices;
• performed works in accordance with the established price list (price) or within the average market price.

How are repair costs reimbursed? Option number 1

The law does not provide clear rules for satisfying this requirement. Therefore, one should proceed from the emerging practice and the optimality of achieving the goal. It is best to stick to the following algorithm.

Stage number 1. First, the buyer must notify the seller (manufacturer, importer) of the defect found in the product and put forward a demand for the intention to carry out repairs on their own ().

Stage number 2. Then present the goods to the seller to confirm the warranty case (quality check or examination (in case of a dispute about a defect)). At this stage, the seller or buyer can agree on a preliminary repair price. That is, the seller determines the size of the repair, based on the experience of repair work. If the preliminary amount turns out to be less, then in the future the missing difference can be made up by an additional payment. The general term for payment of compensation for repairs is 10 days from the date of filing a claim.

Stage number 3. Arrange repairs.

Stage number 4. Submit an expense report () with the presentation of documents confirming the repair and the cost of the costs. If the repair was carried out independently, then the buyer presents checks for spare parts, materials, etc. organizations and entrepreneurs in confirmation of repair work).

If such documents are not available, then you can contact expert organizations, which will give an opinion on the cost of the repair. True, the cost of such a conclusion from the seller cannot be recovered.

How are repair costs reimbursed? Option number 2

An alternative procedure is for the buyer to apply to the obligated person with a claim for reimbursement of the repair costs after it has been carried out. The law does not prohibit such a course of action. However, in the event of a dispute, the buyer must prove to the seller that the product had a defect that he eliminated, as well as justify the costly part of the repair. This task is not easy.

What are the restrictions

IN warranty obligation it may be provided that the elimination of defects in the goods must be carried out specialized organization(certified specialist) who has the necessary permits (compliance with established requirements) for such work. Without compliance with such requirements, the repair may be deemed inadequate and the costs of its implementation may not be reimbursed. Moreover, this may cause the product to be removed from further warranty obligations.

This, of course, does not mean that the buyer is deprived of the right to choose a specialist in whom he is sure to carry out repair work, or to independently repair. The question comes down only to the complexity and features of the product that has failed. For example, the law provides for a license to Maintenance and repair of medical equipment. Therefore, the repair of, say, a tonometer by an organization that does not have the specified license will be illegal. For the same reason, the consumer cannot repair this product himself.

Another thing is if the seller imposes repairs only on them from accredited specialists (organizations). The buyer can carry out repairs at any person who has the appropriate permit, license, certificate to carry out such work. And whether it is included in the list of recommended organizations of the seller is no longer important, and this does not affect the legitimacy of the buyer's claims for reimbursement of repair costs.

However, it must be borne in mind that in a disputable situation, the seller can conduct an examination of the qualifications of the repair. And if the work does not meet accepted standards, the buyer's intention to reimburse the costs will be ineligible.

Difficult situations

1. Additional activities requiring payment

Sometimes the seller, when making repairs, may commit additional actions out of warranty repair (for example, when a computer is repaired, an updated version is installed operating system). Often the seller explains this as a necessity. better work goods and require payment for it.

If such additional works and services were provided without the knowledge of the buyer and, accordingly, without his permission, then payment should not be made. All expenses incurred are borne by the seller, and he cannot recover them from the consumer forcibly, even through the courts.

2. Declaring the repair out of warranty

A similar situation is when the seller accepts the goods for warranty repair, eliminates the deficiencies, and then announces that the case was non-warranty and the repair was of a commercial nature, that is, it must be paid for. In such a case, the consumer is not obliged to pay any money. Even if the defect of the goods is clearly related to the fault of the buyer and the seller provides evidence confirming this fact (examination report, certificate of the service center, etc.), the consumer will not have any obligation to reimburse the seller's expenses. Such a situation will be interpreted as a manifestation of the goodwill of the seller in free repairs.

3. New defects in the repaired item

There are cases when the repaired product is returned to the buyer with new defects (for example, the TV was repaired due to the loss of sound; the product was returned in good condition, but there was a scratch on the screen, which was caused by repair specialists).

Such deficiencies are not considered as production ones that have appeared repeatedly (new defects or re-appeared, etc.). These cases relate to violation of the storage conditions of the goods transferred by the buyer to the seller for repair. And the seller is separately liable for such damage to the goods - he reimburses the cost by which the price of the goods is reduced. Usually this cost is equal to the cost of repair, replacement of parts, components, etc.

For this reason, you should be extremely careful when accepting the repaired goods and record any suspicious observations in the act of acceptance and transfer of goods. In general, for such purposes, acceptance should be carried out with a familiar specialist, or for a small fee, invite an independent expert merchandiser.

If you have questions about the topic of the article, please feel free to ask them in the comments. We will definitely answer all your questions within a few days.

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Who establishes the guarantee

When buying a product, the period of its warranty service is set, and this happens on a voluntary basis (Article 5 of the Law "On Protection of Consumer Rights" (hereinafter referred to as the Law)). The warranty period allows you to save the rights of the consumer.

First of all, this period is set by the manufacturers of products. Thus, they undertake to repair the problems that have arisen through their fault, or to replace the defective product within the specified warranty period.

Important! If the manufacturer has not set such a period, the store assumes the responsibility for warranty service of the goods..

In addition, the seller can set their own warranty period in addition to the period previously set at the factory. Sometimes this period is larger than the factory one.

General information about the return of goods under warranty

Let's understand what the warranty period means. This is such a period during which the consumer can contact the seller about the malfunction of the goods purchased from him.

The beginning of this period is considered the second day after the day of purchase of the goods. The absence of information about the date of sale gives the right to consider the date of manufacture of the product as the beginning of the warranty period.

note! If the manufacturer and the store did not independently establish a warranty period, it will be 2 years (Article 477 of the Civil Code of the Russian Federation).

If there are defects in the new product, it can be taken to the store.

But before doing so, make sure that:

• at the time of detection of the defect, the goods are under warranty, or 2 years have not yet passed from the date of purchase (clause 19 of the Law);
• the problem is not your fault, i.e. the product was used correctly. The malfunction does not allow the product to be used for its intended purpose;
• you have a receipt, warranty card or other papers confirming the fact of purchase in a particular store.

It should be noted that technically complex goods can be returned to the store within 15 days (although there are exceptions).

Technical products include:

• cars and other vehicles;
• agricultural machinery;
• aircraft engineering;
• gaming consoles;
• equipment for satellite television;
• refrigerators, freezers;
• washing machines, dishwashing machines;
• cameras, video equipment;
• electric and gas ovens, other.

The list of technically complex goods was approved by Decree of the Government of the Russian Federation of November 10, 2011 N 924 "On approval of the list of technically complex goods"

Goods of inadequate quality: how to return

When a product malfunction occurs during its use, the buyer has the right to:

• demand replacement of the product with a similar product, but of good quality;
• demand a refund of funds spent on a poor-quality purchase;
• demand a reduction in the purchase price in accordance with the complexity of the detected breakdown;
• transfer the product for repair at the expense of the seller (under warranty).

According to the Law "On Protection of Consumer Rights", the buyer has the opportunity to independently decide what he needs: repair or refund. That is, he can do what suits him, although usually the store sends customers who are dissatisfied with the quality of the goods to service centers.

An exchange of goods or a refund is an unprofitable step for stores, because it is an extra waste of time and money, additional trouble in resolving a problematic issue with the manufacturer.

Usually, when the buyer contacts the seller for a replacement or return of a defective product, certain confirmations of the fact of making a purchase in this particular store are required.

In this case, we are talking about:

• check (commodity or cash);
• warranty service coupon (it is important that the coupon is filled out at the time of the transaction).

What to do in a situation where the purchase documents are lost

The store does not have the right to refuse to fulfill the requirements of the consumer, if they are really legal. As evidence of the fact of purchase, according to the Law, the testimony of witnesses or statements on the withdrawal of money from bank card(if the buyer paid in the store with a card).

For your information! If we are talking about a purchase in an online store, then in the absence of a receipt, the confirmation of the purchase is: a notice of the order, its price, when the delivery will be made, etc.

Repair procedure

The consumer does not always want to replace the product, he may insist on warranty repairs at the expense of the store. What should the buyer do if he wants to perform a warranty repair of the product?

Contacting the seller

You can talk about your problems orally or make a written appeal. This option is preferable, since a written claim will become a confirmation in court of your attempts to resolve the problematic issue out of court.

The claim contains the following items:

• title trade organization, full name of the consumer;
• contact details of the applicant;
• where and when the product was purchased;
• purchase details;
• what problems are found;
• a list of requirements for the seller (exchange, refund, repair under warranty, etc.);
• list of documents attached to the claim (receipt, warranty card, product, etc.);
• date, buyer's signature.

ATTENTION! View the completed warranty claim form inadequate quality:

A written appeal to the seller is a guarantee that the requirements will be met.

But if your wishes were not heeded, the claim is submitted along with the lawsuit to the court.

Transfer of goods to the store

The service center where the buyer brings the thing for repair must accept it, even though the case may not be under warranty .

When the product is handed over, an act is drawn up, which indicates the detected malfunctions. The document should contain the following items:

• information about the parties to the transaction;
• date of transfer, address of the service center;
• detailed description of the goods;
• information about the malfunction, whether there are external defects, etc.

The product, which is large, is delivered to the service center at the expense of the seller.

Conducting an independent examination

The seller has every right to demand an inspection of the product in order to understand whose fault the breakdown occurred - the consumer or the manufacturer. For this purpose, an independent examination is carried out.

Usually the test is carried out in service center. If the client does not agree with the conclusions of the experts, he can organize an independent examination, which he pays personally. In the future, if the manufacturer's fault is confirmed, the buyer's expenses will be compensated by the store.

ATTENTION! View the completed sample of the act of acceptance and transfer of equipment for repair:

Note! The maximum repair period under the warranty is 45 days from the date of transfer of the product to the service center.

That is, if the repair is not completed during this period, you have the right to demand to replace the product with a quality one or return cash.

Returning a product from repair

After the repair work, the goods are returned to the owner. Upon transfer, the seller is obliged to check the product in operation, draw up a document that indicates the identified problems and how to eliminate them.

Watch the video. How to use the product warranty (expert advice):

How to return a product of good quality

During the warranty period, you can return to the store not only a low-quality product, but also a product that is of proper quality.

It is necessary to present the product itself, the receipt, the warranty card and the packaging. Requirements for the returned goods: seals and tags are not broken, the product was not in use, all properties and characteristics are preserved.

According to the norms of the Law, a return is possible only if the trade organization does not have such a product.

In accordance with the Law, the consumer has 2 weeks from the date of purchase to return or exchange the purchase.

ATTENTION! View the completed sample claim for the return of goods of good quality:

Return when buying in the online store

If trade is carried out remotely, that is, through online stores, the relationship between the seller and the buyer is regulated not only by the Law that protects the rights of consumers, but also by the “Remote Sales Rules” approved by the Government of the Russian Federation.

It will be legal for the client to wish to return the product purchased on the Internet, without giving reasons, if the procedure is carried out within 7 days from the date of delivery of the product to the buyer.

If the seller has not enclosed a completed instruction sheet on the rights of the client in the package with the goods, the latter has the legal right to return the product within a period of up to 3 months.

ATTENTION! View the completed sample claim for the return of goods to the online store:

Items that cannot be exchanged

Not all goods of good quality can be returned to the store. There are certain restrictions due to which it is impossible to return products that do not fit in shape, style or color.

Government Decree No. 55 of January 19, 1998 approved the list non-food items which cannot be exchanged or returned back to the store.

This list contains:

• products intended for preventive or therapeutic procedures at home;
• personal hygiene items;
• cosmetics and perfumes;
• products made of non-woven materials (ribbons, braid, lace or decorations);
• garments made of cotton, silk, wool or linen;
• cords, cables, wires;
• carpets, linoleum, finishing materials, other;
• hosiery, knitwear;
• plastic utensils and other products used for food storage;
• chemical products - detergents, soap, powder.

Requirements for the seller when returning a purchase

So, if the consumer has found flaws in the purchased product, he can put forward the following requirements to the seller (clause 1, article 18 of the Law):

• issue a similar product of the same model and company instead of a defective product;
• replace a low-quality product with a product of a different brand from another manufacturer (the purchase amount must be recalculated);
• reduce the cost of things;
• troubleshoot or compensate for repairs made by the consumer;
• accept the goods back and return the money spent on it to the buyer.

In addition, the consumer legal grounds has the right to demand compensation for the damage caused as a result of the purchase of defective goods. At the legislative level, the period for payment of compensation is established.

Terms of refund

Cash for goods returned to the store is paid immediately at the time of application or within 3 days (unless special verification is required).

If the seller wishes to conduct an examination, then the money will be returned no later than 10 days later. The quality check of complex goods can last for 45 days (the beginning of this period is the day the goods are handed over to the store).

Return shipping fee

When a large-sized product turned out to be of poor quality, it must be delivered special transport, so the consumer may demand to arrange delivery at the expense of the seller. You can bring the goods in person, but then the store will compensate for the cost of transportation.

Delivery of the product to the seller is carried out within 10 days.

On a note! If you personally organize transportation, contact the transport organization, which can issue payment documentation for the services provided. In the future, the seller will pay for the carriage on the basis of these documents.

Delay in payment

Sometimes the seller cannot immediately return the money and asks the client for a delay. The reasons in this case may be different. The main thing is to remember that, according to the Law, a penalty in the amount of 1% of the value of the goods is charged for each overdue day. That is, the final amount of the return increases.

Ways to receive funds

The funds are returned in the same way as the payment was made. If you paid in cash, the seller is obliged to give you this amount.

Please note! It will be more difficult in the situation when the payment was made by bank card. It will not be possible to get the money back immediately, sometimes it takes up to several weeks for such a return.

Although the seller is not guilty of this, since a certain number of banks are involved in the “operation”, all responsibility lies with him. If the deadlines are not met, the client demands to pay a penalty.

So the store will have to pay for the delay in the return of money, and after that it will deal with banks or intermediaries.

Return claim

The demand for the return of goods can be voiced orally or transmitted in writing. It is better to do this in the second way, because later, if the case goes to court, this document will confirm your intentions to resolve the problem out of court.

The claim is drawn up on a sheet of A-4 format.

It includes the following information:

• the name of the store where the product is being returned;
• Name of the applicant;
• contact details of the client;
• date of purchase, at what address the product was purchased;
• what product is being returned;
• what problems are found in the product;
• what the consumer requires from the store (replace, take back, return the money, perform free repairs, etc.);
• what documents are submitted along with the claim (receipt, warranty card and the product itself);
• date of the claim, signature of the client.

By submitting a written claim, you will be able to defend your rights when returning the product during the warranty period. In addition, the document will come in handy in case of going to court.

ATTENTION! View the completed sample claim for the return of goods of inadequate quality:

Who pays for the examination?

It is difficult to immediately determine whose fault there were problems in the purchased product. Each party to the transaction will defend their interests. It is for this purpose that independent testing of the product is carried out. Since the seller has certain doubts, he organizes the examination at his own expense.

If the client does not like the results of the audit, he already initiates an independent audit. Further, with the conclusions of experts, you can apply to the court.

If the results are not in your favor, it is you who will have to pay for the work of experts. In addition, you still pay money for the delivery of bulky goods.

Lawyers warn buyers that in such cases the amount of costs sometimes exceeds the cost of the product, so before seeking justice, think about whether you are really sure that the manufacturer is to blame.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues.

What to do if the seller refuses to return the money

The buyer, upon detection of a defect in the purchased product, has the legal right to demand a refund. The same rights are enjoyed by buyers who have purchased goods in installments. They are obliged to return the amount of the paid loan and the fees paid during the installment plan. To return the money to the client, the seller has 10 days from the date of registration of the return.

The refusal of the store to return the money to the client is the basis for contacting Rospotrebnadzor.

The buyer makes a written claim for this.

Attention! If you want your appeal to have a positive result, pay attention to the rules for filing a complaint:

• at the top of the address part of the document, indicate the name of the organization Rospotrebnadzor. Below, write down your full name, personal and passport data, as well as contacts at the place of residence;
• in the center of the sheet write the name of the written appeal - "Complaint";
• in the main part, describe the current situation in detail. Indicate what rights the seller violated . Support your statements with documentary evidence. Don't pay too much attention to the little things. There should be just enough information so that Rospotrebnadzor understands the essence of your problem;
• presentation style - business, the facts are described in chronological order;
• give links to regulations, that is, what guided you when you tried to resolve the dispute with the store yourself;
• list the documentation that is submitted to the organization along with the complaint. Date and sign.

ATTENTION! View the completed sample complaint to Rospotrebnadzor about violation of consumer rights:

There are several ways to submit a complaint:

• personally visit Rospotrebnadzor and transfer the document to the secretary;
• send by mail;
• send electronically to the official website.

The complaint will be registered within 3 days. It is further studied. 30 days are allotted for consideration. The response is then sent to the applicant.

Complaint to the judiciary

The application to the court is made in free form. It can be written by hand or typed on a computer.

The required information included in the claim is:

• full name of the court;
• information about the claimant;
• information about the defendant;
• what is the essence of the claim;
• the presence of an evidence base;
• the cost of the claim;
• what attempts were made to solve the problem in a pre-trial order;
• list of attachments to the claim.

Important! The claim must contain references to the legislative acts of the Russian Federation on the right of the consumer to terminate the contract of sale.

The heading of the claim contains the following information:

• full name of the court, position, full name of the judge;
• information about the plaintiff - full name, address, telephone number;
• the person against whom the claim is filed - the name, address, contacts of the seller;
• the cost of the claim.

The body of the claim describes the essence of the case. It sets out in detail: where and when the purchase was made, for what reason the plaintiff wants to return the goods. If expert examinations were carried out, the conclusions of the experts are provided. The amount of expenses is specified. In addition, the stages of communication with the seller are described, what steps the plaintiff took to resolve the issue without a trial.

The final part lists the requirements for the seller(take the product back and return the money, compensate for the costs of legal costs, compensate for moral damage, etc.). The following is a list of documents submitted to the court along with the application.

The claim is made in business style. Information is presented consistently, clearly and specifically. If the claim is drawn up incorrectly and with errors, this may affect the results of its consideration.

The value of the claim is understood as the amount of the applicant's monetary claims.

It is determined by adding certain amounts:

• money spent on the purchase;
• moral damage;
• legal expenses;
• funds spent on expertise.

All expenses of the plaintiff must be documented. It is necessary to submit checks, receipts of payment, certificates, an agreement for the provision of legal services. services, etc.

It is up to the plaintiff to choose which court to apply to.

ATTENTION! View a completed sample Consumer Protection Claim Form:

You can go to court:

• at the location of the seller;
• at the place of residence of the buyer;
• at the place of the transaction.

If the value of the claim is less than 50 thousand rubles, the claim is filed with the Magistrate's Court. Statements of claim worth more than 50 thousand rubles. considered by the district or city court.

Cases related to the protection of consumer rights are considered within the time limits specified in Art. 154 Code of Civil Procedure of the Russian Federation:

• one month is allocated for consideration of the claim in the magistrate's court (from the moment of its registration);
• in a district or city court, the claim is considered within two months from the date of registration.

For your information! Claims for the return of money to the consumer for the goods do not involve the payment of state duty.

Return of goods after the warranty period

As soon as the warranty period has expired, the seller must not accept the purchased product back, exchange it for another product, etc.