By purchasing a product or receiving any service, each consumer expects their high quality. It is assumed that the staff has the necessary qualifications and experience, and only verified and serviceable items are on sale.
But often we have to face the opposite. A person who is not at all versed in a particular field, but who is familiar with work only on materials from the Internet, can serve. As for the goods in the store, so from the seller in response to claim you can hear about the quality of the product: "Do not like it - do not take it." What to do in this case? The answer is simple - write a complaint. As often happens, just seeing an official document, managers become more polite and friendly and with great pleasure go towards meeting the problem.
Claim: what is it and when can it be filed?
In the case of buying low-quality goods, the consumer can be sure that the law is on his side. Moreover, such purchases are not just possible, but must be returned, regardless of their cost and the duration of the claim.
A claim is an official document that reflects a consumer’s demand to exchange low-quality goods (services) or return the money spent on him (her).
Often, after the marriage is discovered and the seller contactes the seller, the consumer will be refused for reasons such as the lack of a receipt or violation of the integrity of the package. You need to know that this is not a reason for refusal, and by law the seller is obliged to accept the goods, even if there is no packaging or receipt.
If the organization refuses you, then you need to be patient and write a complaint.
What is needed to compile a document?
First of all, you need to know the correct seller data: the exact name, address and surname and initials of the person whose name you are going to write a complaint about. Most often, this person is the head of the organization.
How to write a complaint - by hand or type text on a computer - does not matter. The main thing is that reliable data are indicated and there are two copies of the document. One must be given to the representative of the company that provided the defective goods, and the second (certified by the seller) remains with the consumer until the end of the solution to the problem.
If the buyer is not completely sure of his innocence, then he can first turn to the laws and regulations, to the Consumer Protection Board or to a lawyer. All this will help to make sure that you are right, gain support and understand how to act in the current situation, what to rely on and what to expect from the seller.
About requirements and expectations
Writing a claim for a low-quality product is not as difficult as it seems, but what could be the result?
- Replacing the product with a similar one. If it is proved that the sold item is of poor quality, the seller, at the request of the injured buyer, can replace it with the same one, only in good condition.
- Refund of the amount spent. You can claim reimbursement of money spent on low-quality goods. This happens when the buyer does not want to continue to cooperate with the seller and does not believe in the possibility of obtaining high-quality goods (replacements) in this place.
It is also worth noting that you can write a claim with the addition of a clause on the reimbursement of the difference between the value of the goods on the day of purchase and their price on the day the proceedings on the issue are completed.
How to write a claim: sample
Often the text of the claim is as follows.
Director of the Sputnik store
Vladivostok, st. Svetlanskaya, 3
Ivanov P.P.
from A. Semenov,
residing at:
Vladivostok, Ocean Prospect, d. 31, apt. five
tel. +7 (***) *** - ** - **
Claim for termination of the contract of sale and replacement of goods of inadequate quality with a similar one.
March 16, 2015 in the Sputnik store, located at: Vladivostok, st. Svetlanskaya, 3, I bought 4 bulbs for LED lamps in the amount of **** rubles.
When buying, the seller was denied verification. The reason was voiced by the lack of special equipment.
March 31, 2015, I invited an electrician to install the mentioned bulbs. After opening the packages and carrying out the necessary manipulations, the specialist revealed that not one of the purchased bulbs was working.
April 2, 2015 I turned to the store with a request to replace low-quality goods. This was refused to me. The refusal was motivated by the fact that I myself ruined the bulbs, using them with a violation of technology.
Based on the foregoing and in accordance with Articles 18, 24 of the Law of the Russian Federation “On Protection of Consumer Rights”, I ask:
- Replace me with low-quality goods of a similar quality. If this type of light bulbs is not on sale, please return money to me in the amount of **** rubles.
- Reimburse the difference in the cost of the pawls I purchased on the day of purchase of the product and the satisfaction of my requirements. If there is no such model on sale, then at the cost of a similar product.
In case of refusal to satisfy the requirements, I will be forced to go to court to protect my rights and legitimate interests.
Please inform about the decision made by the phone number indicated in this requirement, within the prescribed period.
Semenov A.A.
Signature
April 3, 2015
When you need money, not goods
How to write a claim for a refund? Very simple. You just need to remove the phrase about exchanging goods for a similar one. If you need the money spent and there is no desire to cooperate more with this seller, then write about your desire to receive the spent amount.
Seller's actions
If it was decided to write a claim for a refund or replacement of goods, then the next step after its preparation will be to contact the store (to the service provider).
Being in place, you need to go to the seller and give him one copy of the claim. It is best to attach copies of receipts, a contract of sale and all that is relevant to the problematic transaction to it.
In this case, it is necessary to ask and make sure that the representative of the company sets the date, signature with its decoding and the seal of the organization on both copies. By this, he shows that he is familiar with the requirements of the client.
For the buyer, the second copy of the claim with the original receipts and other documents will serve as evidence of the acquisition of goods, repeated appeals and the seller accepted the claim for defective goods for consideration. All this may be needed if the problem is resolved through the court.
What will happen to the product?
The seller has the right to give the goods for examination. This will allow him to verify the inadequate quality and fairness of the claims.
Also, an expert assessment allows you to find out if it was a factory fault or if a thing came into disrepair from improper use after purchase.
If you doubt the impartiality of the examination, you can always contact independent centers for a second examination and other necessary procedures.
An expert’s opinion can also help with a lawsuit.
Seller refusal: what to do next and how?
Writing a claim correctly is not a solution to the problem. Often the organizations that sold you a low-quality product or service do not want to acknowledge this and by all possible means seek to evade responsibility.
In such cases, remember the following:
- No need to go where the seller’s representative suggests. Often this can be some kind of service center and other third-party organizations.In this case, you should ask the seller to write his data on the claim and where you are asked to contact. If such an inscription is made to you, then we can assume that the company is familiar with the content of the claim. This is enough for the court.
- Filling in the form of the company. This is an unlawful claim. Try to give exactly your option. If you still have to fill out a typical store form, then from scratch, boldly describe all your requirements, and delete unnecessary items.
- Handing by mail. By registered mail with a notification and description of the contents of the envelope. By the way, save the check and receipt for payment. You will be reimbursed after the trial.
These methods will help to prove in court that you have done everything possible to resolve your differences.
How to write a claim to an insurance company?
A lot of dissatisfaction among consumers is caused by the work of insurance companies. Often, consideration of the issue of damages is delayed for a long time, and all questions and appeals of the company give excuses and promises to fulfill their obligations. What to do in this case?
Write first claim to the insurance company. This can be done in two ways:
- Use the form of the insurance company.
- Draw up a document yourself.
In both cases, an accurate statement of the facts and references to the law are necessary. They will give more complete information about what exactly the insurance company violates or what kind of help the client expects from it.
The content of the claim to insurance companies
Mandatory items will be:
- Contact details. Name, address of the organization and the same about the client.
- Description of the insured event. Detailed, with all dates and confirmations.
- Actions of the insured. About the previous appeal to the organization, with the date, case number and a list of documents provided earlier in accordance with the contract with the insurance company.
- Reason for filing a claim. Often this is a default.
- Purpose. Obtaining the necessary compensation, payment of a penalty, etc.
- Actions of the insured in case of non-satisfaction of his claims. This paragraph usually writes about the subsequent appeal to the court.
- Date and signature.
Lawyers or employees of the department for the protection of consumer rights can answer the question about how to write a claim correctly.
When presenting a document to the company, it is necessary to follow the same points as with returning defective goods to the seller. For any actions of company representatives, it is necessary to remember about a possible appeal to the court and that your actions should be confirmed by the signatures of employees (with their transcripts and job titles) and preferably by seals.
About the timing
The consideration of the claim cannot last forever, as it might be more convenient for the seller. There are certain time frames in which he will have to meet.
Timing may be different, depending on the situation and the transaction itself. If an agreement was concluded upon the purchase of goods, then the terms of consideration of claims by the buyer may be specified in it.
In the event that there are no specified deadlines, you should focus on the law. In accordance with it, the response time is 10 days. It starts the day after receiving a complaint from the consumer.
Total
From the above material, it becomes clear that the main difficulty is not how to write a claim, but how to obtain its execution from the seller.
Understanding the essence of what this document should contain, and knowing the mandatory points, you can solve any problem with low-quality goods or services. After all, to describe the actions of unskilled personnel or the quality of the goods is not so difficult.
The main thing to keep in mind is that the law is on the consumer side. This applies to the return of goods of any quality (except those that are not exchangeable by law).And maybe, if consumers will more often defend their rights in such situations, there will be less low-quality goods and you won’t have to think about the question: “How to write a claim for a product?”
