What does “proper” and “inadequate” quality of a product mean? Inadequate quality of goods - legislative framework What is considered a product of inadequate quality

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Hello!

I am glad to welcome you to the “Open Budget” information portal.

This project is another step by the authorities Volgograd region on the path to openness using new communication technologies.

Being open and understandable is a common practice of interaction for any society. And it is on these principles that the work of the administration of the Volgograd region is based today, including on budget preparation and its implementation.

The budget of the Volgograd region is the most important financial document on which the social and economic development of the region depends. It covers almost all areas and directly affects people’s quality of life.

All of us, residents of the Volgograd region, are taxpayers, which means we participate in budget formation. And it is important for us to know how financial management is carried out, what processes take place in the budgetary sphere, how the budget is drawn up, how income is generated and what its volume is, where expenses are directed and in what specific amounts. Providing this information and making it accessible to as wide a range of people as possible is the task that this Portal solves.

Seeing the numbers and having all the calculations in hand is not enough. It is necessary to understand the tasks being solved, setting goals and priorities, determining where and for what needs resources are spent, and most importantly, what is the result of all these actions, how they affect the life of the region and each individual resident.

For this purpose, information on the Portal is posted in a format that is as clear as possible and understandable even to non-specialists. And this is one of its main advantages. Basic parameters of the budget, directions for spending funds, government programs and the volumes of their financing, the achieved quantitative and qualitative results and many other relevant data are presented using modern means visualizations – infographics, diagrams, interactive elements.

“Open Budget” is not only an information resource, but also a platform for constructive dialogue through the services created on the Portal feedback. This interaction is very important. By developing the economy and increasing the investment attractiveness of the region, we ultimately try to make people’s lives more comfortable and prosperous. And only Volgograd residents themselves can give an objective assessment of the effectiveness of this work.

We are open to discuss any issues related to the implementation of budget policy, any proposals for its improvement. We have common interests and the common goal is to make the Volgograd region more favorable and attractive for life.

Changes have been made to the regional budget for 2019

Income and expense parts regional budget increased by 1 billion 467 million rubles and amount to 112 billion 814 million rubles respectively. The budget remains deficit-free.

The Volgograd Regional Duma adopted in two readings changes to the region’s main financial document for 2019. The approved adjustments provide for additional funding for a number of socially significant items.

The next amendments are related to gratuitous receipts from the federal treasury, as well as the need to redistribute expenses in certain areas.

Increased by 947.8 million rubles budget allocations for the development of healthcare, for 130 million rubles - for social services population, 160 million rubles - for organizing work public transport. In addition, the total amount of funds to ensure the balance of local budgets increased by 230 million rubles.

Since the beginning of the year, the Volgograd region has reduced its public debt by 4.3 billion rubles

Consistent work to restore order in the budgetary and financial sphere is yielding results: since the beginning of 2019 state debt Volgograd region reduced by 4.3 billion rubles, debt load decreased by 9.1% - such figures were achieved in the region for the first time in the last five years.

The reduction of public debt is facilitated by a set of measures taken regional authorities for balance budget system, economic development and increased tax revenues. The growth of budget revenues allowed the region, without attracting borrowed resources, to repay at the expense of own funds part of market borrowings, as well as optimize the costs of servicing them - by the end of 2019, budget savings will exceed half a billion rubles.

Work to create conditions for increasing financial stability in the Volgograd region has been carried out since 2014, during which time positive dynamics in reducing public debt have been achieved, and its structure has qualitatively changed. Previously, with the support of the Government of the Russian Federation and the Ministry of Finance of the Russian Federation, the region reduced the volume of commercial loans through preferential budget loans from the Ministry of Finance of Russia at a symbolic 0.1%. At the beginning of November, they accounted for 45.5% in the structure of the region’s public debt, the rest securities and commercial loans.

Effective fiscal policy contributes to the growth of investment attractiveness of the region. Let us recall that the Expert RA rating agency assigned a credit rating to the Volgograd region at the ruA- level, which characterizes the region’s economy with a moderately high level of financial stability.

"Expert RA" assigned a rating to the Volgograd region at the level of "moderately high" - ruA-

The rating agency "Expert RA" assigned a credit rating to the Volgograd region at the level of ruA-. The rating has a stable outlook. Experts note that the region’s economy is characterized by a moderately high level of financial reliability and stability.

The assessment confirmed that the economy of the Volgograd region is based on the manufacturing industry. Mechanical engineering and metalworking, petroleum products production, electrical engineering and food industries predominate, which form a quarter of GRP. In addition, the region has developed wholesale and retail and diversified Agriculture. It should be noted that the development of industry and the agro-industrial complex was identified by Governor Andrei Bocharov in 2014 as priority areas of work.

Agency analysts found that the estimated GRP volume for 2018 amounted to 903 billion rubles, with an increase of 4.8% compared to the previous year. At the same time, the volume of GRP per capita amounted to 362 thousand rubles, the average wage- 30.4 thousand rubles.

It was noted that the rapid growth of budget revenues contributed to the growth of its balance. As a result, for the first time in last years The regional budget was executed with a surplus of 2.8 billion rubles. In 2020 - 2021, the region also expects revenues to exceed expenses due to the progressive growth of tax and non-tax revenues.

Let us recall that earlier the Analytical Credit Rating Agency (ACRA) changed the outlook on the credit rating of the Volgograd region from “stable” to “positive” and confirmed the credit ratings of the region and its bonds at the BBB (RU) level.

Let us recall that in the Volgograd region, since 2014, order has been comprehensively restored in the financial and budgetary sphere: in accordance with the tasks of Governor Andrei Bocharov, an audit and balance of the region’s budget was carried out, and a centralized system of public procurement was introduced.

27.6 billion rubles allocated industrial enterprises Volgograd region for 10 months of the current year into the consolidated budget. This is 20.2% more than in the same period in 2017.

As explained in the Finance Committee, for ten months the volume of tax and non-tax revenues in the consolidated budget amounted to 75.5 billion rubles, in the regional budget - 58.8 billion. Growth - by 8.7 billion rubles and 9.1 billion rubles, respectively.

The implementation of large-scale investment projects, primarily in industry, makes it possible to provide a basis for replenishing the budget; the industrial sector occupies a leading position in terms of tax revenues. From January to October, industrial enterprises paid 27.6 billion rubles, of which 22.6 billion rubles were paid by manufacturing industries. Overall, this is 20.2% more than for the same period in 2017: the increase in income tax payments amounted to 3.8 billion rubles, income tax individuals— 631 million rubles.

The draft budget of the Volgograd region for the next three years passed public hearings - proposals for the formation of the main financial document presented by the First Deputy Governor - Chairman of the Finance Committee of the Volgograd Region Alexander Dorzhdeev.

Social activists, deputies, representatives of relevant departments of the region and municipalities took part in the discussion. The draft budget is drawn up with a surplus, it is planned taking into account the strengthening of the social component and sustainable economic development region.

“Systematic work to restore order in the budget and financial spheres made it possible to ensure the stability and balance of the budget system, to accumulate the necessary resources for the further socio-economic development of the Volgograd region,” noted Alexander Dorzhdeev. — The bill in in full provisions are made for the provision social assistance, the costs of providing new social support measures have been calculated.”

The budget projections were based on the basic version of the forecast for the socio-economic development of the region. Growth is expected in a number of key macroeconomic indicators, in particular, an increase in the gross regional product from 902.6 billion rubles in 2019 to 1 trillion rubles in 2021 - this is the task set by the governor of the Volgograd region Andrei Bocharov.

Based on the current economic situation, in the 2019 budget revenues are planned at 98.2 billion rubles, expenses at 97.9 billion rubles, and a surplus of 300 million rubles.

The expenditure part of the regional budget was formed taking into account the strategic objectives outlined in the May decree of the President of the Russian Federation, and large-scale changes in regional social policy aimed at expanding support mechanisms, assistance to motherhood and childhood, older people, and other categories of citizens.

Based on the results of 2017, the Volgograd region was awarded the first (highest) degree of quality in regional financial management. The rating was compiled by the Ministry of Finance of the Russian Federation and officially published on the department’s website.

The assessment is carried out according to indicators budget planning, budget execution, public debt management, financial relations with municipalities, management state property and providing public services. Indicators such as transparency are also being explored budget process and work on the implementation of decrees of the President of the Russian Federation.

Previously, the Volgograd region was awarded the first degree in 2011. From 2012 to 2017, the region was in the second group of subjects of the Russian Federation with adequate quality of management.

How to return to the store defective goods?

In accordance with Art. 18 of the Law of the Russian Federation “On the Protection of Consumer Rights” dated 02/07/1992 No. 2300-1, if the consumer purchased a product or service of inadequate quality and was not notified by the seller about the existing defects of the product, he has the right to act in several ways:

return the goods poor quality, terminating the sales contract and receiving back the money paid for the goods;
demand that identified defects in the product be eliminated at the expense of the seller, or eliminate such defects yourself, and then recover the funds spent on this from the seller;
return a product of inadequate quality and demand its replacement with a similar or other product, subject to compensation for the difference in price; demand proportionate reduction purchase price.

In addition, in accordance with the provisions of the same article of the above-mentioned regulatory document, the buyer’s absence of a sales receipt, contract or any other document confirming the fact of purchase (purchase) of goods from a particular seller is not grounds for refusal to accept it. You can prove the fact of purchase using witness testimony, photo and video evidence, and other methods not prohibited by law.

How to get money back for a defective product

If we talk about how to return money for a low-quality product, then the steps to return them can be put into the following plan:

We defend our rights to return goods of inadequate quality

So, we’ve figured out how to return low-quality goods to the store - now we want to draw your attention to a few points:

Don't know your rights?

In accordance with Article 17 of the Law “On the Protection of Consumer Rights” and tax legislation, the consumer is exempt from the obligation to pay state duty when purchasing a low-quality product. Thus, to statement of claim no need to attach a receipt for payment
The consumer may apply for restoration of the violated right no later than 2 years from the date of discovery of defects in the product (if special laws or the terms of the concluded agreement do not specify a different period).
When you go to court, you can not only achieve the restoration of your rights, but also recover from the unscrupulous seller the cost of carrying out independent examination, services of your representative (lawyer) and moral damage caused.
Besides judicial protection the consumer has the right to appeal to other bodies: Rospotrebnadzor, the consumer rights protection department of the local administration (see How to write a complaint to Rospotrebnadzor? Sample). The appeal must be made in free form and must be in writing.
If you are requesting a return from the seller Money, but you are denied, then you can defend your rights in court. During judicial trial you have the right to demand that the seller pay you a penalty. Unless otherwise established by the concluded purchase and sale agreement, its amount will be calculated at the refinancing rate of the Central Bank of the Russian Federation for each day from the moment the seller is contacted with the relevant requirement. Today this rate is 10.5% per annum.
If the seller refuses to accept your application, send it by mail. It is important to emphasize that if the dispute is referred to the court, sufficient evidence of compliance with the pre-trial procedure for resolving the dispute (peaceful resolution of the conflict) will be the presence of a postal receipt from the buyer for sending the application. It is more correct to send a letter with acknowledgment of delivery. Once it has been served, a notice will be returned to you. If the seller refuses to accept the letter, the postal worker will record the refusal on the notification.

How to exchange goods of poor quality?

As we mentioned above, the buyer has the right to demand the exchange of goods of inadequate quality. Buyer's action mechanism in this case exactly the same as in the case of a refund or otherwise.

To exchange goods you need to contact the seller. If an oral appeal was not enough and your demands were denied, then a written application addressed to the manager is submitted. Then it all depends on whether your legal requirement management. If yes, then the incident can be considered settled, and if not, then you will have to go to court.

In addition, you have the right to exchange a low-quality product for a similar or any other product that the seller has in stock. The difference in the price of goods (if any) must be compensated to you.

What to do if poor quality service is provided?

The provision of services of inadequate quality is also subject to regulation of the Law “On Protection of Consumer Rights”. In accordance with Art. 29 specified normative act In this case, the customer has the right to demand:

reducing the price of work performed (service provided);
performing other work from similar materials or eliminating existing deficiencies at the expense of the contractor;
termination of the contract for the provision of services (performance of work);
full compensation for harm.

In addition, the exercise of any of the listed rights of the customer does not relieve the contractor from the obligation to pay a penalty for violating the terms or other clauses of the concluded agreement. If the amount of the penalty is not established, then the penalties can be calculated at the refinancing rate.

You should also pay attention to the deadlines: the law allows 20 days to eliminate violations.

In the case of an unspecified warranty period, the fault lies with the contractor if the buyer proves that violations arose before he accepted the work (service).

The text of the Law “On the Protection of Consumer Rights” repeatedly includes the concepts of proper and inadequate quality of goods, and the definitions of these concepts are in the text of the Law, as well as in other legislative documents, are missing.

From context legal requirements The following definitions for quality can be formulated.
Quality is adequate if:

compliance with all production standards required for such an object is ensured;
its parameters are met appearance and internal content;
the object is able to satisfy the stated or expected needs of the buyer;
the product is capable of fulfilling its main purpose as specified in the accompanying documentation.

This means that a product of proper quality is a product that has no defects.

Then the quality will be inadequate:

not ensuring the fulfillment of its direct functional purpose;
having deviations from the normal appearance or configuration (contents);
unable to satisfy the customer's stated or perceived needs;
different from the characteristics provided for in the accompanying documents;
having deviations from regulatory documents regulating material, design and production technology.

This means that a product of inadequate quality is a product in which certain shortcomings have been identified.

What are the disadvantages

Disadvantages are divided into:

1. A common drawback is a deviation in the characteristics of an object:

from the legally established requirements for it;
from the terms of the contract or standard requirements;
from the intended functional purpose;
from the buyer’s requirements, formulated by him descriptively or in the form of a sample.

2. A significant drawback is the deviation of the object’s characteristics:

which cannot be eliminated due to a design defect;
to eliminate which it is necessary to spend disproportionately a large number of funds and/or time;
detected many times after its next elimination.

Depending on the possibility of diagnosing, the disadvantages are:

Explicit - can be identified during a visual inspection of the object of the transaction and/or its test testing in a store or other trade enterprise.
Hidden - not detected during visual inspection and in test mode, they manifest themselves during operation during the warranty period, require expert examination or special skill in use.

Stand out the following types disadvantages:

Constructive - deviation quality characteristics object caused by a design flaw, at the stage of designing and modeling a prototype, before launching it into production. May be the result of unsatisfactory testing or incorrectly selected test parameters that do not correspond to actual operating conditions.
Production – deviation of product performance caused by non-compliance with requirements design documentation for the manufacture of parts, assemblies and products in general during the production process. Is the result of unsatisfactory quality control at key stages of assembly and acceptance of finished products.
Technological – expressed in deviation chemical properties materials and/or products resulting from deviations in the parameters of the production process or deviations in the quality characteristics of raw materials, reagents, etc. The reason may be subjective (inattentiveness of personnel) or objective (malfunction of equipment) in nature.
Prescription - is a special case of a technological deficiency, characteristic of food and pharmaceutical products. The reason may be a violation chemical composition raw materials, intermediate products, reagents and auxiliary materials.
Mixed - is a combination of several of the above disadvantages.
Informational - is a consequence of insufficient information to the buyer about the properties of the purchase, due to the intent or ignorance of the seller.

Consumer rights when identifying deficiencies

If the consumer identifies deviations in the characteristics of the purchased product, he has the right:

receive an object similar to the purchased one (the model and article number must match);
exchange the purchase for another brand, with recalculation of the purchase price and appropriate compensation to one of the parties;
agrees to use a product with an identified deviation, subject to a proportionate reduction in cost and payment of the difference (discounted product);
give the purchase to the seller for free repairs or carry out the repairs yourself, with subsequent compensation for expenses;
break contractual relationship with the seller and demand a refund in full, and in the amount at the time the claim was satisfied.

The consumer can exercise his right in relation to goods of inadequate quality:

Within 14 days after purchase, during this period goods without defects can also be returned if their exchange is permitted by law.
During the warranty period, an object with significant defects (see above) must be returned, and repairs and an independent examination will be required to compensate for the damage.
During the service life exceeding the warranty, but not more than 2 years from the date of the trade transaction, if not established longer period warranty, repairs and examination will also be required.

Elimination of defects

If defects requiring repair are identified, the buyer has the right to demand that the entrepreneur eliminate them free of charge. Carrying out repairs has its own characteristics:

The warranty period of the product is extended while it is under repair; therefore, a clear recording of the date of delivery for repair and acceptance after it is required.
During repairs, the buyer has the right to demand a replacement product with similar characteristics, if it is not included in the relevant list (replacement is not provided for by law).
If the duration of the repair exceeded 45 days, the defect can be considered significant and the consumer has the right to terminate relations with the seller and compensate for damage.
If the total duration of repairs in each year of product operation was a month or more, the defect is considered significant, with all the ensuing consequences (see above).
When repairing at your own expense, the amount of costs must be compensated in full.

Disadvantages of goods when purchasing remotely

If the purchase was made remotely, through one of the online stores, it is subject to the same requirements as for something purchased in a store. If it is determined that the product is of inadequate quality, it may be returned to the seller for replacement or refund.

To establish the fact of inadequate quality of a product, it is necessary to conduct an examination of the product, which will be required to confirm the presence of a defect that arose before receipt by the consumer.

In case of a design, manufacturing or technological defect, the seller must compensate the cost of the product. If the defect was the result of incorrect handling during transportation, material liability falls on the logistics company.

Returning goods of inadequate quality

Despite the seller’s claims and reluctance to accept the purchase, when returning goods of inadequate quality it is not mandatory:

availability of a cash or sales receipt, sufficient testimony;
there is no requirement to preserve packaging, tags, etc., except in cases where identification information is applied to the packaging;
return of accompanying documentation (passport, instruction manual).

The quality of a product can be considered inadequate if the information provided by the seller during its sale and in the scope of the accompanying documentation is not enough to reliably determine the sufficiency of its properties to meet the user’s needs. In this case, the presence of a certain feature that is inconvenient for the consumer may cause the quality to be considered inadequate, even in the absence of technical malfunctions.

In its enlarged form, any product that does not satisfy consumer needs for any reason can be recognized as a trade product of inadequate quality. Any unsatisfied but justified requirement of the buyer may cause the product to be returned.

Returning defective goods is a frequent procedure in the relationship between sellers and buyers. It is impossible to be completely confident in the quality of a product until the moment of purchase, since many shortcomings are revealed only after long or frequent use.

Defects in a product are caused by various reasons: improper transportation, failure to comply with production conditions at a plant or factory, negligence during storage in a warehouse or store.

A defective product is a product that has a defect, that is, it does not meet the quality requirements for a given category of goods or the requirements specified in the trade agreement. A defect is considered significant if it cannot be eliminated or its elimination is disproportionate to the time and expense spent.

The purpose of the article is to describe the types of defects and features of the return of certain categories of goods.

Standards for determining the quality of goods

First, we will determine how a defect or defect is detected in a product. For various products and product groups There are our own standards - products in which quality requirements are strictly met.

A defect occurs when a product exhibits deviations from quality standards. These standards are specified in the regulatory technical documents. They are divided into 3 groups:

OST – industry standard quality, which each ministry has its own (food industry standard, light industry quality standard);
GOSTs, or state standards quality. Specialists from different industries and structures take part in their creation. Contain production requirements;
THAT - technical specifications, which are published personally by the manufacturer. They are designed to prevent obvious violations of quality standards, and their compliance guarantees initial inspection by state control authorities.

Warning

If a product is suspected of being defective, the consumer can independently compare the properties and qualities of the product with those specified in the regulatory documents. However, not everyone can do this; quality control laboratories and examination companies come to the rescue.

When determining a defect, it should be remembered that they can be both obvious and hidden. If obvious reasons are easy to detect during the production process or during sale, then hidden defects are identified by the buyer at the operating stage. Obvious defects include:

Defects in appearance - the item has lost its presentation, has been deformed or has changed color;
Malfunction of characteristics, when a thing cannot perform everything stated in technical documentation features (and this is easy to discover before selling);
Change taste qualities and properties (for food).

Some defects are easy to fix (fixable), while others cannot be fixed or are not economically feasible (fatal). In addition, defects can be received at different stages of the sales cycle.

Defect caused by the seller of the goods. A widespread type of defect, which is based on the lack of proper quality control in the store and a thorough check before sale. Rejection is caused when conditions are not met warehousing, in case of incorrect acceptance of the goods or as a result of damage received while moving the goods around the store.
Defect due to buyer's fault. Defects received after purchase are associated with non-compliance with the conditions of use of the product specified in the instructions, improper storage or mechanical damage. A defect received due to the buyer does not give the right to return the goods to the store.
Manufacturing defect – caused by non-compliance with production standards. To avoid this, enterprises introduce a technical control department, whose responsibilities include monitoring the exact observance of production standards.

What should I do if a product is defective?

If you were sold a low-quality product, you can:

Reduce the purchase price due to defects and demand compensation for the difference;
Break the contract and;
Replace the defective product with similar characteristics and functions (the difference in price is paid by the buyer or returned by the store);
(if possible) or demand payment for repairs from third parties.

Information

If a consumer discovers a defect in a purchased item, and this leads to additional costs, he can demand compensation from the store for the losses incurred.

The return of defective goods is regulated by Articles 18, 22 and 23 of the Federal Law “On the Protection of Consumer Rights”. They determine that the time frame for returning defective goods is significantly higher than for quality goods (14 days) and directly depends on the warranty period. You can return a defective purchase while the warranty is valid. When the warranty period is not established by the manufacturer or store, it is legally determined to be 2 years.

Before returning a defective item, make sure that you have nothing to do with the defect. Indeed, in this case, a return is impossible, as sellers are well aware of. To avoid controversial situations, carefully read the operating instructions and prepare in advance for possible objections from the store.

It is impossible to return a product if you were warned about its shortcomings before the purchase. First of all, this applies to discounted goods and information about the discount should be displayed on the sales receipt.

Procedure for returning defective goods

The first step to returning a defective product from the buyer is. It does not have a strict form, but it is worth indicating the name of the store (or the full name of the director), your personal data, the circumstances of the purchase and specific requirements. It would be useful to refer to specific articles of laws that make your claim legal.

Copies of the sales receipt, registration certificate and warranty must be attached to the claim.

coupon. One copy is sent to the store, and the other, with the store’s mark of acceptance, remains in your hands. It will come in handy if you have to sue the store.

Attention

The store must exchange goods within 7 working days. If such a product is not in stock, the period can be extended by law to 1 month. After receiving the new item guarantee period installed from scratch.

It is 10 days after submitting the application to the store. Delay entails the seller paying a penalty in the amount of 1% of the cost of the goods for each day of delay if the consumer decides to go to court and wins the case.

Throughout their lives, many people periodically have to deal with a situation where the purchased product turns out to have some kind of defect or even a number of different defects. Such cases occur especially often with food products that have a short shelf life, which are immediately thrown away when they are found to be unsuitable for consumption. Sometimes the inadequate quality of a product is not detected in a timely manner, which can lead to very serious health consequences.

Often, when a defect is discovered in a purchased product, the cost of which is not very high, the situation is simply dismissed. Many people do not want to waste extra time and energy on repairing minor damage.

But unacceptable situations do occur. This applies to expensive goods on which an amount was spent that had a significant impact on reducing the budget. Some time after the purchase, it is discovered that the product has any deviations from the declared characteristics. This is a reason to return a product of inadequate quality to the seller. The most important assistant in this matter is the Law “On Protection of Consumer Rights”.

This law is a complete collection of statutory provisions governing the relationship between the consumer and the manufacturer, seller, performer or importer. The Law “On the Protection of Consumer Rights” establishes the consumer’s rights to purchase goods, services or work of appropriate quality and not posing any danger to human life and health, his property and the environment. And also, according to this law, the consumer has the right to receive all the information he is interested in regarding goods, services, works and their manufacturers, sellers and performers.

The consumer has the right to make a claim to the seller (executor, manufacturer) only if the product he purchased is of inadequate quality.

Inadequate quality according to the Law “On Protection of Consumer Rights” is the non-compliance of a product (service, work) with the declared properties or established by law characteristics and conditions regarding this product, characteristics specified in the sales contract.

Also, inadequate quality of a product is recognized as its unsafety for:

Human life and health.
Environment.
Property under standard conditions of use of the product.

For example, a refrigerator can be considered a product of poor quality if only six of the eight declared modes are fully functional. And it doesn’t matter that in all other respects it fully meets all the characteristics.

Items that are functional and external characteristics which have been altered as a result of improper transportation or operation by the consumer or as a result of exposure to an irresistible external force. For example, if the body of a coffee maker is damaged because something heavy was accidentally dropped on it, it is impossible to recognize the quality of the product as inadequate.

You should treat items purchased as a result of various sales and promotions with special care and attention. Typically, a product is marked down due to some defect in it, which the seller informs mandatory informs the buyer about this. If goods purchased of inadequate quality, and the buyer is informed about this, he cannot make claims regarding the quality of the product and demand its replacement or return of the amount paid.

The buyer has the right to return any defective product to the seller and receive the amount paid for it. But in order for the result of solving this problem to be successful, it is necessary to approach the matter calmly and competently, following the procedure within the framework of the law.

If a seller sells a product of inadequate quality to a buyer, the law offers several options for getting out of this situation:

Replacement of low-quality goods with high-quality ones.
Reducing the price of a product.
Reimbursement of repair costs.
Refund of the amount paid for the goods.

The option of reducing the cost of the product is acceptable if we are talking about very minor defects that can be easily eliminated yourself, or these defects do not have any impact on the full operation of the product. Payment for the repair of goods is also quite appropriate in the case of high-quality elimination of defects through repairs, as a result of which the goods will fully comply with all declared characteristics. In other cases, when the product is completely unsuitable for use, it must be replaced. If the seller does not have this model of the product, then the only option is to return the price paid for the product.

To return a product and receive the amount paid for it, you must make a written claim addressed to the manufacturer or seller (manager).

Claim

The claim must be drawn up competently, each point of which must be substantiated by reference to the articles of the law “On the Protection of Consumer Rights”. The claim is drawn up in free form, but clearly and competently. The following information must be provided:

Specific defects of the product, judging by which its quality can be considered inadequate.
Purchase address.
Date of purchase.
A requirement to return the amount paid for the product or replace it with a product of proper quality.

Must be attached to the claim and sales receipt. But if it is lost, it should not be a reason for rejecting the claim. The claim is drawn up in two copies:

One is given to the seller.
The second remains with the buyer with confirmation of acceptance, which must necessarily contain the job title, full name, signature of the employee who accepted the document and the date.

Expertise

The claim is presented to the seller along with the defective product. There is a high probability that the opinions of the buyer and seller regarding the quality of the product will differ. In this case, it is necessary to conduct a special examination of the product, as a result of which certain inconsistencies of the product with the characteristics that it should have will be identified.

The examination is carried out at the seller's expense within 10 days. It is advisable for the buyer to be present during the examination in order to avoid unlawful “adjustments” of the results by the store in his favor.

To protect yourself from unnecessary interference, you need to draw up an act of acceptance of the goods by the seller, indicating all existing shortcomings. It is better to pack the product itself in order to limit it from any impact before the examination.

After the examination is carried out, a report is drawn up indicating the cause of the defect. If, as a result of the examination, it is revealed that the product was sold to the buyer with existing defects, the store will return its full cost. But in the event of defects arising due to the fault of the buyer, that is, after he has made a purchase, the buyer will have to fully compensate the store for the damage carried out for the examination.

When returning goods of inadequate quality, the buyer is not obliged to provide it to the store in the same form in which it was before the purchase and sale transaction. The store must accept it in any form.

Refund

The store returns the money to the buyer based on the buyer’s passport and an application for a refund, the form of which is determined by each store individually. The process of direct transfer of money occurs in the form:

Cash payments.
Bank transfer.
Postal transfer.
Terms for returning goods

Products of poor quality may be returned to the store during the warranty period or the product's service life. The exception is goods with complex technical characteristics, which can be returned no later than 15 days from the date of purchase. But if a technically complex product has significant shortcomings, due to which its operation is impossible or very difficult, it is possible to return it after 15 days.

Technically complex products include:

Boats and yachts.
Cars and motorcycles.
Computers.
Refrigerators, washing machines and other complex equipment.

The refund period for low-quality goods is 10 days from the moment the buyer submits a claim, applies for a refund of the cost of the goods and provides the goods to the seller.

There are also goods that, according to Government Decree No. 55, cannot be returned or exchanged at all. Their list is as follows:

Knitted products, clothing and textile goods.
Personal hygiene items.
Wigs.
Household chemicals, perfumes and cosmetics.
Auto, motorcycle, agricultural machinery.
Printed publications, with the exception of periodicals.
Jewelry from precious metals and stones.
Dishes and containers for storing food.
Civilian weapons.