How to return goods with marriage?
At least once in life, but each of us faced such an unpleasant situation as the purchase of a product that does not justify our wishes, or simply defective. At the time of discovery of marriage, we feel a sense of annoyance, then we are upset, and only then we begin to look for a way out of the situation.
The most pressing issue for the affected buyer is the possibility of returning the purchase to the seller. And such a right exists, and it is fixed legislatively. In order to quickly and effectively solve a problem, it is worth referring to the law of the Russian Federation “On Consumer Rights Protection”.
The correct algorithm of actions of an unlucky buyer will help to find a common language with the seller for fruitful cooperation. After all, it is no secret that the return of goods or money by the second side is not welcome. None of our trip to the store is not guaranteed against "surprises", which means you need to be fully armed.
Briefly about the procedure
Suppose that the day was not set, and you brought home a defective item.Or he just did not fit you for any characteristics. The law says that it can be returned to the seller or changed, for which your desire is enough.
The deadline for return is two weeks from the date of purchase. Of course, the appearance and safety of all components of the product must be preserved. Facilitating the presence of labels and packaging, no traces of socks on clothes with shoes. Your actions will be useless if:
- You bought a discounted product or a display case with shortcomings specified immediately, that is, you did it consciously.
- You did not use it according to the rules specified in the instructions.
- It is included in the list of goods that are not subject to the law. For example, medicines or book products, personal care products. Note that there are exceptions that allow for a refund - the absence of an expiration date on the packaging of the drug and so on.
The nuances of the process
Often, before losing their qualities, the goods have time to serve us for some time. Despite the fact that you used it carefully, it "lives" only until the end of the warranty period.What can the buyer require from the seller?
- eliminate the defect;
- reduce the price of the goods;
- exchange it for your equivalent;
- offset repair costs;
- return the money.
Some types of goods, such as appliances, have an information sheet and warranty card. They describe all the nuances that may arise during use. Certain categories of products have an individual warranty period specified in the law. For shoes it's thirty days from the date of purchase.
What if you do not want to change the product with the marriage, blaming you for the occurrence of damage, and require a written complaint? Take it personally, leaving yourself a confirmation of the fact of filing in the form of a copy with an organization stamp. Or send a valuable notification letter.
In order not to enter into a long and exciting correspondence with an unscrupulous seller, it is better to seek the help of a lawyer. In some cases, an examination is made to determine which fault has caused the defect.
During the warranty period, the store initiates it, then the buyer initiates it. If the expertise is in your favor, then the outlet must satisfy the purchasing rights, guided solely by your choice - to return the money or replace the goods.
The law states that a refund procedure can occur without a check. To do this, it is enough that you have the following documents, which also confirm the fact of purchasing goods in this store:
- coupon with a guarantee;
- waybill or invoice;
- sales receipt;
- other paper documents.
Even with their complete absence, it is possible to identify the product by the articles, packaging, data from the waybills at the point of sale. But this is not the easiest way, which is practically not used. In order not to conflict and quickly resolve the issue, you need to come with a check.
Keep all supporting documents for at least 14 days, especially if the purchase cost you dearly and is purchased for many years. Market goods are not advisable to buy without a commodity check, which minimizes the possibility of its return.
Negotiations should be conducted with the person in charge of the procedure, without wasting power on presenting evidence about your rights to ordinary managers.
You should know how the seller should act according to the law, if you wanted to exchange poor-quality paid goods. To replace it are obliged within a week, but in the absence of it - to order, having preliminary warned, that increases the period of return to thirty days.You can demand its replacement by an analogue that is not inferior in properties and satisfies in design. If all of these options are not possible, then the seller must return the money.
For a successful result, use the following algorithm of actions:
- identify the defect;
- collect all supporting documents;
- take the saved packaging;
- in the statutory period, contact the outlet;
- If the discussion with the seller is long and fruitless, consult a lawyer for further action.
Keep calm and polite tone when communicating with a representative of the organization that sold the defective goods. The rudeness of the seller, if there are witnesses, can be used by you in a lawsuit.
How necessary is legal assistance in such trouble? In most cases, the consumer is faced with the active resistance of the selling party trying to avoid monetary losses.
A qualified specialist with experience quickly resolves conflicts in favor of the consumer, his presence at the court hearing is especially useful. He convincingly proves the existence of marriage, the impossibility of its formation in the process of use, will effectively defend consumer rights in the absence of a check.
Of course, in some cases, sufficient independent efforts. But with a high purchase price, only a lawyer can guarantee success. Note that if it is a product of a large company, then to preserve the image and to avoid publicity and resonance in the society of consumers, it is more profitable for her to replace the marriage or return the money spent by the buyer.
The law rises to protect the rights of the consumer if he wants to return the improper purchase, even without marriage. In this case, the buyer is not obliged to motivate the desire, proving his case. Exceptions are goods for which the law does not apply. Their list is available for review.
Before you go to the store or to the market, we recommend that you review it to avoid waste. It is advisable to approach each purchase thoughtfully and rationally, relying on the conformity of the goods to your expectations, sizes and so on. It is better to invest in products of manufacturers bearing real responsibility for quality.
How to properly prepare an application for performing a reverse operation with a statement of claims to the organization It must have:
- requisites of the organization selling the goods;
- passport data, including registration, the buyer;
- descriptions of the acquired goods, in particular, its article, properties and features, characteristics;
- the very claim with a clear statement of the final expected result - the return of funds, the exchange of goods and so on.
The application itself is accompanied by the goods themselves and accompanying documents in the form of a check, a guarantee and a service book, if any.
What do you want to note in conclusion? The law of the Russian Federation “On Protection of Consumer Rights” exists and it is in effect. The main thing is to comply with the norms prescribed in it. First of all, you must comply with the specified time frame. Do not try to return the purchase, which is listed in the list of non-returnable goods.
Do not violate the rules of using the goods to prove the existence of a marriage that has arisen for reasons beyond your control. Save all documents confirming the fact of its purchase. Correctly file a claim, competently and politely defend their interests. Search for ways to peacefully resolve the conflict situation, so as not to start a lawsuit. Successful shopping and easy solutions to complex issues!
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