Return of goods during the warranty period. Return of goods when the warranty has ended

In practice, it is not uncommon for a product, which seemed to be serviceable and of high quality in the store, fails during operation, making its further use impossible. The buyer is entitled to a return of the product under warranty if the defect is due to a manufacturer's error and not due to misuse.

The warranty period is the period when the buyer has the right to return money for the defective product or make other claims against the seller. The latter is obliged to comply with the legal requirements of the client.

If in the course of use a significant purchase defect is revealed, the client has the right to:

• demand replacement of the product with a similar one, but of high quality;
• return money for an unsuccessful purchase;
• demand a proportional reduction in the cost of the product;
• hand over the item for free warranty repair.

The Federal Law "On Protection of Consumer Rights" does not contain instructions on what principle a disgruntled consumer chooses to repair or refund. He is guided by considerations of his own benefit.

In practice, sellers prefer to send customers to a service center for repairs. This is a beneficial solution for them, because a return of money or an exchange automatically means the need to settle the issue with the manufacturer and demand a refund.

Required documents

According to the established practice, the product, where the faults were found, can be returned to the store or exchanged for a similar one, if there are documents confirming the fact of making a purchase at a particular outlet:

• cashier's check;
• filled in by the seller.

How to return the goods if the client has lost documents? The outlet does not have the right to deny him the satisfaction of legal requirements. According to Federal Law 2300-1, testimony of witnesses to a purchase in a particular company can be taken as confirmation.

If the checks are lost, but payment was made from a bank card, the proof is an extract confirming the expense of funds to a specific organization.

To request a refund, a person who has lost a check can present to the online store letters informing the consumer about the order made, its cost, the timing of the upcoming delivery, etc.

Repair procedure

If the customer is not satisfied with the replacement of the product under warranty, he has the right to agree to a free repair. To fix things, you need to adhere to the following algorithm:

Contact the seller

This can be done orally, but a written version is preferred. The claim will become evidence if you need to return money for the goods under warranty in court. It contains the following information:

• the name of the recipient store;
• Full name of the compiler client;
• his contact details;
• date and address of the purchase;
• information about the purchased device;
• description of the nature of the malfunction;
• a statement of specific requirements (the wish to exchange goods under warranty, return money, receive free repairs, etc.);
• list of applications (warranty card and the product itself);
• date of compilation and signature.

A written claim is necessary to defend the buyer's rights when returning the goods within the validity period. If the outlet does not satisfy his legal requirements, you can go to court with it.

Transfer of goods

If the customer decides to repair the product, the service center is obliged to accept it, regardless of whether the case is guaranteed. The parties draw up an act describing the defective product. It states:

• information about the parties;
• date and place of transfer;
• detailed description of the transmitted device;
• information about the breakdown, description of external defects (scratches, dents, etc.).

If the returned product is large, the seller is obliged to deliver it to the service at his own expense.

Product examination

To return the goods during the warranty period, the seller has the right to demand. She will determine by whose fault the product has deteriorated: due to a manufacturing defect or improper use by the buyer.

The returned item is investigated in service center the seller. Based on the results of the check, a document is drawn up, which contains the conclusions of the specialists. If the decision is not in favor of the client, he has the right to initiate an independent examination at his own expense. If the latter establishes the fault of the manufacturer, the outlet will reimburse the costs.

The customer returning the goods should be aware that the maximum time limit warranty repair- 45 days from the date of transfer to the service. If the company does not fit into this interval, you can demand to give the money or change the thing for a similar one.

Receiving a repaired product

When the repair is over, the client is given the finished product. It is necessary to demand from representatives point of sale demonstrating the normal functioning of the product and presenting a certificate indicating what breakdowns were in the product and what the technicians did to eliminate them.

First of all, you should contact the seller. Despite the fact that the seller is not obliged to satisfy the consumer's requirements after the expiration of the warranty period, until the consumer proves that the existing defects are of a manufacturing nature, it is possible that the defect you identified to the seller is already familiar and the seller will satisfy your requirements without an expert examination. If contacting the seller did not lead to a satisfactory result, follow the instructions below.

If you did everything correctly, you have an act of an authoritative expert organization confirming the presence of a manufacturing defect, then at this stage, in the vast majority of cases, your requirements are satisfied, if they are not satisfied, we proceed to the most difficult, but also the most profitable stage - we go to court.

3. If, despite the fact that you have done all of the above, your legal requirements are still ignored, you need to go to court, although it takes some time and requires some effort, but it is beneficial, since the court will no longer speak only about those claims that you made earlier, but the penalty interest will grow every day (see article 23 of the Law "On Protection of Consumer Rights), plus you can get compensation for moral damage (recently, the courts have rather highly appreciated moral damage, we know of cases when the amount received by the consumer as compensation for moral damage significantly exceeded the amount in the claim).

To go to court, it is necessary to draw up and submit a statement of claim, the consumer does not pay the fee for going to court, the consumer also chooses the court himself (see Article 17 of the Law "On Protection of Consumer Rights"). Claims up to 50,000 rubles are considered by justices of the peace, over 50,000 rubles - by district ones.

Reading time: 16 min

Warranty service means the period of time within which the user has the right to declare a defect in the purchased item to the organization. The period starts from the moment the deal is concluded. In the absence of information on the date of purchase, the warranty is calculated from the date of manufacture by the plant. In a number of situations, when the time does not appear in the documents from the manufacturer or the company, the warranty period is 24 months -.

Normative base

The specified warranty period is the right of the manufacturer. If the manufacturer does not indicate the time, then the seller has the right to independently determine the time. Stores often increase their service on their own if the products are of adequate quality.

Within a specified period, the user can transfer back the item to the organization in order to change the item if a defect is detected. The ZOPP established the authority of buyers to demand the return of products and compensation of funds.

The position is enshrined in the following regulatory documents:

• ФЗ №2300-1 - and;
• Civil Code of Russia - (with the latest amendments and additions in 2020).

In particular, it establishes the following procedure if the product is found to be defective with a valid warranty:

• exchange equipment for a similar article with a recalculation of the price;
• replace with another product of quality conforming to the documents;
• make a discount equal to the detected defect;
• free repair;
• cancellation of the contract and 100% money back.

Note: a significant drawback is taken into account if the store did not notify the buyer about it. Accordingly, if there is information about the marriage, the filing of a claim is ineligible.

Additionally, it is taken into account that a number of consumables and accessories are not subject to a mandatory warranty. If, before the conclusion of the transaction, the positions were already defective, the exchange and delivery of products is carried out on a general basis.

Money back for additional warranty

The text of the document indicates information:

• Company name;
• information about the applicant, including contacts and address of residence;
• the date of the transaction;
• description of the model;
• malfunction;
• reference to regulations;
• requirements;
• attached papers;
• time, signature.

Note: when contacting the ASC, experts recommend checking the availability of a certificate.

Stage 2: product transfer

When deciding to return the goods under warranty, the ASC employee is obliged to accept the products regardless of the reason for the defect. The deed is drawn up by the buyer and the engineer - in some cases the seller.

The document contains information:

• information about the parties;
• date and address of preparation of the paper;
• detailed description of the model being handed over, including appearance;
• the essence of equipment failure;
• product size, if the position is dimensional.

Stage number 3: drawing up an application

The request is for a free warranty service. If the equipment is part of a complex technical group, and the repair is lengthy, then it is worth making a request for a replacement model. The right is established.

Stage 4: provision of replacement goods - PP 55

It is necessary to enter information into the text:

• date and time of receipt of products;
• responsible person;
• name of the item, including identification article;
• description of appearance;
• availability of seals from the manufacturer;
• signs of malfunction from the words of an individual;
• "warranty" status.

If the weight of the product is more than 5 kg, then the seller is obliged to pick up the item for repair on his own. It is allowed to pay compensation for the costs of a citizen for the delivery of goods to the store.

For your information: the absence of a check does not give the organization the right to refuse to accept a claim.

Consumer actions in case of refusal of a store from a guarantee and a refund - samples of claims

If the organization refuses to accept products for warranty service or return money for a poor-quality product, the consumer has the right to contact the authorities. However, it is necessary for the supervisory authorities to provide evidence of pre-trial settlement. Such a document is a claim.

If the store does not register the application, referring to a non-warranty case, the documents must be sent by mail. A registered letter is issued with a notification and a description of the contents. If there is no response within 10 days, an individual initiates an appeal to the supervisory authorities or the court.

Here you can download:

Submitting a claim to the court

Situations often arise when an organization or manufacturer refuses or ignores customer claims. Then the application for warranty repair must be sent to the court. If there is a written application and an expert opinion confirming the marriage due to the fault of the plant, the chances of satisfying the claim are high.

Before contacting a higher authority, you should send a pre-trial petition with a reference to the expert assessment. If no response is received within 10 days or if satisfaction is denied, the document is attached to the claim. Experts recommend contacting a law firm to prepare an application and conduct a case. In addition, a representative of the committee for the protection of the rights of buyers can defend the interests of the consumer.

In most situations, the return of goods under the warranty card occurs without conflict. However, if the seller refuses, citing a defect due to the fault of the user, it is necessary to contact the supervisory authorities and involve a lawyer.

Watch the video:"How to take advantage of the product warranty."

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By whom the warranty is established

When purchasing 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 preserve the rights of the consumer.

First of all, this period is set by the manufacturers of products. Thus, they undertake the obligation to eliminate 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 takes on the responsibility for warranty service of the goods..

In addition, the seller can set his 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 see what the warranty period means. This is a period during which the consumer can contact the seller regarding 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 lack 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 have not independently established a warranty period, it will be 2 years (Article 477 of the Civil Code of the Russian Federation).

If a new product is found to be flawed, it can be taken to the store.

But before doing this, make sure that:

• at the time of the discovery 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 malfunction is not your fault, that is, the product has been used correctly. The malfunction does not allow the product to be used for its intended purpose;
• you have a receipt, warranty card or other paper confirming the fact of purchase in a particular store.

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

Technically complex goods include:

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

The list of technically complex goods is approved by the Decree of the Government of the Russian Federation of 10.11.2011 N 924 "On approval of the list of technically complex goods"

Inadequate product: how to return

When problems with the product appear during its use, the buyer has the right to:

• demand replacement of the product for a similar product, but of good quality;
• demand a refund of funds spent on a low-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 the store usually sends customers who are dissatisfied with the quality of the goods to service centers.

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

Usually, when a buyer contacts a seller to replace or return a faulty product, certain confirmation of the fact of making a purchase in this particular store is required.

In this case, we are talking about:

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

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

The store has no right to refuse to fulfill the requirements of the consumer if they are really legal. As evidence of the purchase, according to the Law, they can accept the testimony of witnesses or statements on the withdrawal of money from a bank card (if the buyer paid in the store using 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 repair at the expense of the store. What should the buyer do if he wants to perform warranty repair of the product?

Contacting the seller

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

The claim contains the following points:

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

ATTENTION! View the completed warranty claim form for an inadequate product:

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

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

Transfer of goods to the store

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

When the product is handed over, an act is drawn up in which the detected faults are indicated. The document should contain the following points:

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

Large-sized goods are delivered to the service center at the expense of the seller.

Independent examination

The seller has the full right to require 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 being carried out.

Usually the check is carried out at a service center. If the client does not agree with the conclusions of the experts, he can arrange for 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! Look at the completed sample of the certificate of acceptance and transfer of equipment for repair:

Note! The maximum warranty period for repairs is 45 days from the date the product is handed over to the service center.

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

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 action, draw up a document that indicates the identified problems and how to fix them.

Watch the video. How to take advantage of the product warranty (expert advice):

How to return a good quality product

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

You must present the product itself, receipt, warranty card and packaging. Requirements for the returned goods: seals and tags were not torn off, the product was not used, all properties and characteristics were preserved.

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

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

ATTENTION! Please see the completed Return Goods Claim Form:

Refunds for purchases in the online store

If the sale is carried out remotely, that is, through online stores, the order of relations between the seller and the buyer is regulated not only by the Law that protects consumer rights, but also by the "Remote Sale Rules" approved by the Government of the Russian Federation.

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

If the seller has not included a completed instruction sheet on the rights of the customer in the packaging 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 online store return claim form:

Items that cannot be exchanged

Not all good quality products 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 a list of non-food items that cannot be exchanged or returned back to the store.

This list contains:

• products intended for carrying out preventive or medical procedures at home;
• personal hygiene items;
• cosmetic products and perfumery;
• nonwoven products (ribbons, braid, lace or jewelry);
• garments made of cotton fabric, silk, woolen or linen products;
• cords, cables, wires;
• carpets, linoleum, finishing materials, etc.
• hosiery, knitted products;
• plastic dishes and other products used to store food;
• chemical products - detergents, soap, powder.

Requirements to be met by the seller when returning a purchase

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

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

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

Terms of refund

The money for the goods returned to the store is paid immediately at the time of contact or within 3 days (if a special check is not required).

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

Return shipping charges

When a large-sized product turns out to be of poor quality, it must be delivered by 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 transportation costs.

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

On a note! If you personally arrange 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 an extension. The reasons in this case may be different. The main thing is to remember that, according to the Law, a penalty of 1% of the value of the goods is charged for each delayed day. That is, the final refund amount is increased.

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 a situation where payment was made by a bank card. It will not be possible to get the money back immediately, sometimes it takes up to several weeks for such a refund.

Although the seller is not guilty in this, since a certain number of banks are involved in the "operation", all responsibility falls on him. If the deadlines are not met, the client demands to pay a forfeit.

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

Return goods 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, since 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;
• customer contact details;
• date of purchase, at which 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, accept back, return money, perform free repairs, etc.);
• what documents are submitted along with the claim (receipt, warranty card and the product itself);
• date of preparation of the claim, signature of the client.

By submitting a written claim, you can 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 inadequate return claim form:

At whose expense the examination is carried out

It is difficult to immediately determine the fault of the purchased product. Each party to the deal will defend its 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 becomes the initiator of an independent audit. Further, with the conclusions of the experts, you can go to court.

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

Lawyers warn buyers that in such cases, the amount of expenses 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 questions.

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 rights to demand a refund. The same rights are enjoyed by buyers who purchased goods in installments. They are obliged to return the amount of the loan paid and the fees paid when making the installment plan. To return the money to the client, the seller has 10 days from the date 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 making a complaint:

• in the upper address part of the document, indicate the name of the Rospotrebnadzor organization. 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 situation in detail. Indicate what rights the seller violated . Support the stated facts 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, facts are described in chronological order;
• provide links to regulatory legal acts, that is, what were you guided by when you tried to resolve a dispute with the store on your own;
• List the documentation submitted to the organization with the complaint. Date and sign.

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

There are several ways to submit a complaint:

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

The complaint will be registered within 3 days. Further it is studied. 30 days are allocated for consideration. A response is then sent to the applicant.

A claim to a judicial authority

An application to the court is drawn up in a free form. It can be handwritten or typed on a computer.

The obligatory information reflected in the claim is:

• full name of the court;
• information about the plaintiff;
• information about the defendant;
• what is the essence of the claim;
• availability of evidence base;
• the cost of the claim;
• what attempts were made to solve the problem in a pre-trial manner;
• list of annexes to the claim.

Important! The claim must contain references to the legislative acts of the Russian Federation on the consumer's right to terminate the purchase and sale agreement.

The following information is recorded in the header of the statement of claim:

• 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 examinations were carried out, the conclusions of the experts are provided. The amount of expenses is being 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, reimburse legal costs, compensate for moral damage, etc.). The following is a list of documentation submitted to the court along with the application.

The statement of claim is prepared in a 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 cost 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;
• expenses for the services of a lawyer;
• funds spent on expertise.

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

The plaintiff chooses which court to submit the application to.

ATTENTION! View the completed Consumer Protection Claim Form:

You can go to court:

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

If the price of the claim is less than 50 thousand rubles, the claim is filed with the magistrate's court. Claims worth more than 50 thousand rubles. is 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 the 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 imply the payment of state duty.

Return of goods after the expiration of the warranty period

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