Today we will try to figure out what to do if the store refuses to accept its damaged products from the buyer. What to do in this case? how write a claim to the store right?
According to the legislative act "On Protection of Consumer Rights" No. 2300-1 of February 7, 1992, citizens have the right to purchase quality goods. This law fully protects them. Every citizen must know how to make a claim.
Case of life
Often in our daily lives it happens that the purchased product breaks, and the warranty period is still over. When you bring a defective item into the cabin, the seller offers to repair it. A request for a replacement product or a refund is generally denied to the consumer.
In accordance with article 18, the consumer, in the presence of any defects in the purchased product, can exercise the following rights:
- change the item to a similar one;
- make an exchange for another model;
- reduce the purchase price;
- demand immediate elimination of the defects present in the product;
- return money for a thing.
It is noteworthy that even the absence of a check cannot be the basis for a consumer to refuse to fulfill any of these requirements
How soon is the claim satisfied?
If the seller disputes the malfunction, then he is obliged to conduct an examination at his own expense. According to the current legislation, it should not take more than 20 days to check the goods. For this period, the buyer must be provided with serviceable goods for temporary use. If it turns out that the product has broken / deteriorated through the fault of the buyer, he will have to reimburse all expenses that the seller incurred for examination.
The term for the repair of goods, in accordance with the law, should not exceed 45 days. If the buyer decided not to fix the breakdown, but to change the thing, then the replacement is given seven days, starting from the moment when the request was made. If the product is not in the store, then the seller has no more than a month to exchange it. If the buyer wants to return money for the product, then the seller has 10 days to satisfy his requirements.
Features of the claim
It often happens that the store refuses to satisfy the verbal requirements of the buyer. In this case, the latter must know how to make a claim. A written request is drawn up in the name of the store manager.
The claim must contain the following information:
- date of purchase of goods;
- flaws / defective marriage;
- wishes.
Sample claim to a mobile store
Let's look at how to write a complaint to the store.
| The head of the mobile phone store Kolesnik S.V.
Podolskoy A.R., living at: St. Petersburg, st. Railway 108/46, phone: 380-56-784 |
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| Claim | |
| On December 10, 2015, I purchased a Nokia mobile phone in your store. The cost of the gadget is 3 thousand rubles. The cash receipt confirming the purchase is attached to the claim. The warranty period for a mobile device is one year.
After a month of work, his sound began to fade. The phone does not emit any signals at all, so its use has become impossible. I asked to replace the phone with a more expensive model. However, the seller, S. Ivanov, refused me. According to paragraph 1.2, Article 18, paragraph 1.2, Art. 19, clause 1, article21 of the Federal Law No. 2300-1 “On Protection of Consumer Rights” of February 7, 1992, I ask you to replace your Nokia mobile phone with another device, having recalculated the purchase price. You must do this in accordance with the law within seven days from the receipt of this requirement. If the store management refuses to fulfill my requirements as a buyer voluntarily, then I will be forced to appeal to the magistrate court. In it, I will demand a refund for the phone, a fine and compensation for non-pecuniary damage, since my requirements were not satisfied. |
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| date | Signature |
The claim must be made in duplicate. One remains in the store, the other should be picked up.
If, after receiving the claim, the seller decides not to satisfy your requirements, then in order to successfully resolve the issue, you will need to turn to a magistrate's court. A copy of the claim should be attached to the claim, on which is the date and signature of the store representative who received it, a cash receipt, and the defective device itself. According to experts, in almost 99% of cases, a court decision is made in favor of the buyer.
Claim a furniture store
Also, the buyer can make a claim for furniture, if it turned out to be of inadequate quality. It is necessary to describe the problem and clearly state your requirements. In order for the seller to contact you to solve the problem, you must leave your contacts.
Very often, representatives of furniture stores say that they can not issue a return of products that were made to order. It should be noted that this is actually not the case. The problem can be easily solved if you know how to correctly write a complaint to the store.
If the buyer does not have a receipt for the goods
Of course, the easiest way to prove the fact of the purchase of goods by presenting a check on it. However, the buyer does not always save this document. In this case, the evidence may be:
- testimonies of citizens who were present when purchasing the goods;
- testimonies of cashiers or shop sellers;
- warranty service coupon filled out by the seller;
- invoice or any other documents that contain information about the seller and the date of the transaction;
- price tag on the packaging of the item with information about the seller.
Claim a shoe store
If you purchased low-quality boots or shoes or find that they do not fit you in size or appearance, then you can return the products to the seller.
In order to return goods of inadequate quality to the store, the buyer has 14 days from the date of purchase. In this case, the item must have a presentation and be unworn. Also, the seller must provide sales receipt, confirming the transaction, and packaging from the shoes.
Inadequate quality of a thing is proved by conducting an examination. In most cases, serious stores determine factory defects on their own, without bringing the matter to examination and litigation.
The buyer can return the shoes of inadequate quality within two years, even if he does not have a guarantee for the goods. If the store pleads guilty to the manufacturer, then he will have to return the money within 10 days.
When contacting a shoe store, a written claim must be made in duplicate. If the seller refuses to put an acceptance mark on the letter, it is recommended that you send your requirements by letter with a notification by mail. How to write a complaint to the store, we have discussed above.
Claim Writing Highlights
Thus, a claim is a document that is drawn up in any form. However, to successfully resolve the issue, experts recommend adhering to the following rules. As you can see, the sample claim to the store should contain the following information:
- To whom the buyer sends the claim.
- From whom the claim. Contacts for communication.
- When the transaction was completed and defects in the product were discovered.
- The buyer should clearly state their requirements for the seller.
Adhering to these simple rules and knowing how to write a claim to the store, the buyer can always protect and defend his interests.
