On the protection of consumers' rights. Return of goods and proper execution of the claim
Today the entire surrounding world seems to the townspeoplea huge trading platform. Advertising of goods accompanies citizens everywhere, imposing an opinion on their quality, usefulness and the need to purchase this product. As if in opposition to this pressure in our country, a law on the protection of consumers' rights was adopted. The return of goods in it is considered as one of the possibilities to protect the consumer from spending associated with the purchase of a poor-quality product or service. In this case, it is implied that the item must be replaced by another, or instead of it, money will be received back.
Reason for doubt
Many Russian buyers often remainDissatisfied with made acquisitions. At the same time, they know a lot of information about consumer protection. The return of the goods, however, is considered solely as a potential possibility, although it is possible, but not necessarily to be used. Despite the fact that many are disappointed, the idea of the need to enter into a dispute with sellers, to be nervous, to withstand the onslaught of well-trained and able professionals to reject claims by people deprives them of determination. Moreover, they do not at all want to spend money on independent expertise and pay the possible legal costs in case of continuation of the dispute. These doubts are justified. Most citizens believe that only a person who knows firsthand about protecting consumers' rights can win this fight. Return of the goods at the same time seems to them a war in which it is easy to fail.
Compliance and non-compliance
Quarrels between sellers and people who bought that orother thing, and found a discrepancy in it, oddly enough, are based on this very law, or rather, on that indistinct definition, which he gives to the concept of "lack of goods". Each of the parties is well aware and understands that in the protection of consumer rights, the return of goods is an important condition that supports not only the buyer but also the seller. After all, he seems to give a guarantee, has to conclude a sale transaction. If it were not there, consumers would be more prudent.
Having sold the goods, the seller tries to behave so,as if the buyer, having taken his hands, had already used it and spoiled it. Therefore, it is very difficult to prove a discrepancy. Sellers have two facial expressions. One mask is for a potential buyer, and the second is for an eccentric who has decided to pay a check. Sometimes it's hard to believe that it's the same person.
Therefore, consumers need to know that in the textthere is one more concept. It explains such a phenomenon as an "essential flaw". Thanks to that, if the sole fell off in a week, the shoes should be replaced; if a cracks or other flaws formed on the thing, then the law on the protection of the rights of consumers obliges the return of the goods in strict order. There is another insurmountable obstacle in the return of inappropriate things - this is the presence of a check and packing. It is necessary to understand that in the modern world their safety is very important. Therefore, it is simply necessary to develop a habit and allocate a place in the pantry for packing boxes. But keep in mind that the lack of a check in accordance with Clause 5 of Art. 18 of the same law, is not an excuse for refusing to return the goods.
You have the right
If the item you do not fit the size, weight, then infor 14 days you can easily return it with a label, and even when it is bought at a sale at a reduced price or because of a clear defect. Having identified the discrepancy, you are entitled to the following actions.
- Make a replacement for the goods, having received exactly the same model with the same article.
- Get a new model with a recalculation of the difference in cost.
- Demand reduction in value, leaving the goods to themselves.
- Set up an account for repair or removal of the marriage.
- To refuse from the goods and demand full compensation of its cost, as well as losses caused as a result of exploitation.
For example, a new washing machine broke down, andwater flooded not only your kitchen, but also the room of neighbors living on the ground floor. This is an excuse to demand full compensation. According to Article 29, in order for the return of goods to be possible when protecting the rights of consumers, it is necessary for the selling party to file a claim in writing.
How to write correctly
When writing a claim, you must specify the following information:
- Name of the seller.
- Your personal and contact information.
- Specify an excuse for filing a claim (describe defects, inconsistencies).
- Unequivocally formulate requirements: the elimination of marriage, a refund, a reduction in value, a replacement for another model.
- How do you intend to proceed with a negative response to the claim.
- Your signature and date of compilation.
- Copy of the check.
The claim must be written in a polite tone, the form of the presentation is free. If the purchased item was substandard and brought you additional losses, then describe them.
How to hand
In order for the case to proceed, to hand in a claimshould be correct. If you decide to do it personally, then, first, take with you two friends who will agree to be witnesses. Have a passport with you. Secondly, contact the employees of this firm to consider the claim in any of its branches, but it is better where the purchase was made. In this case, you give him only one copy. And on the second, ask to sign an employee. If the claim is not accepted, then immediately go to the mail and send it by registered mail, paying at the same time and notice of delivery.
Fight to the end
By law, the result should be expected within one month. During this time, the store or service will consider the claim and give either consent or refusal, or ignore it.
After receiving a positive response, you go to the store,taking with them a passport, goods to be returned. If the purchase involves a major thing that requires delivery, then the seller should take care of this on herself.
If the result is negative, you will have to ask the court to resolve the dispute.