Very often situations arise in our life when we purchase a certain product, and over time we find that it turned out to be of poor quality. What to do in such a situation, who should I turn to for the protection of my rights?
First of all, you can go to the direct seller or to the manufacturer. To do this, you need a claim for the quality of the goods. How to compile it, what details and claims must be present necessarily, how to properly execute it?
The legislative framework
In order to correctly write a claim It is necessary to familiarize yourself with the legislation of the Russian Federation. Quality issues are addressed by several legal acts. First of all, this is the Law on the Protection of Consumer Rights and the Civil Code of the Russian Federation, and the procedure for claim pre-trial settlement is described in the Civil Procedure Code of the Russian Federation.
Buyer Rights
If you find in product significant flaws You have the right:
- replace it with a similar one;
- replace it with a similar product (with surcharge or refund of part of the money);
- demand a reduction in the price (if you do not mind using the product, and the shortcomings are insignificant or eliminated);
- demand that the seller fix the deficiencies on his own or reimburse the cost of repairs you made
- cancel the purchase and demand a full refund.
Claim form
The claim for the quality of the goods cannot be expressed verbally, in any case you will have to fill out certain papers. Usually, two options for making a claim are used:
- in the form of an application developed by the store (issued at the point of sale, often used by large stores);
- in the form of a claim from the buyer (free option).
The claim from the buyer does not have a strict structure established by law, but there are some mandatory details that will need to be indicated in the document.
Content requirements
Whichever option you choose, a claim for product quality should include the following information:
1. Seller data (name, appeal to the head, address).
2. Buyer details (full name, address of residence, telephone number).
3. The essence of the claim:
- Name of product;
- when and where was it acquired;
- defects and deficiencies identified during use;
- buyer's request (in accordance with paragraph "Buyer Rights" of this article);
- if necessary, the condition for the examination;
- warning of possible consequences (for example, going to court in case of refusal to satisfy the requirements);
- preferably - references to the rule of law.
At the end is a date and a signature.
The claim must be accompanied by documents confirming the purchase, and if available, and evidence of the existence of marriage, defects and deficiencies.
Claim for product quality - sample filling
So, let's make the simplest return claim. Please note that this example is intended to return a conventional, not technically sophisticated product.
General Director of the Home Appliances store
(To an individual entrepreneur Ivanov Ivan Ivanovich)
Moscow, st. Moskovskaya, 1
from Petrov Petr Petrovich
Moscow, st. Moskovskaya-2, d. 1 sq. one
tel. 8928 888 88 88
Claim (application)
By me, Petrov Petr Petrovich, in your store "Home Appliances", located at: Moscow, st. Moskovskaya, 1, January 12, 2014 the Redmond M110 crock-pot, serial number 888-888-88, was purchased.
After turning on the network, the multicooker worked for about half an hour, after which a click occurred and it turned off. Having hardly opened the lid of the equipment, I found that the products did not even warm up, that is, in fact, the multicooker did not work all this time.
Thus, I believe that the product was initially technically faulty and I ask you:
Option 1: Replace the product with a similar, but working.
Option 2: Repair at your expense and eliminate the identified deficiencies.
Option 3: Return the amount of 8,888 rubles. and pick up low-quality goods.
If you decide to make an examination of the product, please notify me of the time of the examination and the place where it will be performed.
In addition, I ask you to inform me of the decision at my request within 10 days from the date of delivery (according to Article 22 of the Law on Consumer Protection) of this claim.
A copy of the sales receipt dated January 12, 2014 in the amount of 8,888 rubles and a copy of the warranty card are attached.
In case of failure to comply with my requirements, I reserve the right to apply to the court with a claim for the protection of my violated rights and compensation for moral damage. In addition, I will be forced to turn to lawyers, and all expenses and legal costs will be charged to your account.
01/05/2014 signature
As you can see, this is not a very complicated document - a claim on the quality of the goods. An example shows that it’s quite simple to clearly understand what you want to get from the seller in the end.
The document must be provided to the seller in 2 copies, on one of them the employees must put a mark on acceptance indicating the date of receipt. If you decide to send a claim by mail, send it by registered letter with a list and notification, so that you have both a receipt on delivery and a notification of delivery (non-delivery).
If you were denied a claim on the spot, you can invite two witnesses and record on both copies the fact that the seller did not want to accept the document. In addition to this fact, you must indicate the full name of the witnesses, their addresses and contact numbers, after which one copy must be left in the store (indicating “left at the checkout”), and the second will serve as evidence in court.
A claim for the quality of goods under a supply contract is drawn up in the same way, but not a store receipt is attached to it, but packing list and the contract itself.
Mandatory claim work
If you are denied a solution to your problem, you have the right to go to court. But you must remember that if you have not submitted a claim for the quality of the goods to the supplier or seller, the court has the right to refuse the lawsuit. This is due to the fact that pre-trial, peaceful resolution of a dispute is a prerequisite for issues related to goods and services.
Even if the supplier or seller no longer works in the specified place or does not accept your claim, in court you will be required to provide documents that will confirm the fact that you tried to contact him about a defective product. Such documents may include postal receipts (attempt to send a claim), testimonies of witnesses, etc.
In addition, the claim settlement of the case will be an important evidence in your favor, and the chances of winning a court will be much greater.
Download product quality claim form
