Return of technically complex goods: law, rules and terms

Almost every resident of our state has heard about a law that allows you to return a product that you do not like within 15 days. In this case, you can not even explain the reason, just did not like it. But imagine the situation: you bought a laptop, brought it home, printed it out, installed all the programs and noticed that the keyboard is uncomfortable, and it takes a long time to load. And also the Internet is connected the second time. You take your car, bring it to the store for a refund, and they answer you: "No, you cannot return the laptop back without substantial reason." And in this case, the seller is absolutely right. About what is the return of a technically complex product, we will go further.

Let's deal with the terms

A logical question immediately arises, but what is a technically complex product? Everything is extremely simple. This is such a product, which is included in the list established by Decree of the Government of the Russian Federation No. 924 of November 10, 2011. We will briefly consider what is included here.

The first category is goods using electric motors for work:

1. Small planes or helicopters.
2. Automotive facilities.
3. Equipment for agriculture.
4. Snowmobiles.
5. Boats, boats and other water transport.

The second category is products with a digital control unit:

1. System units, portable and stationary PCs.
2. Laser and inkjet printers.
3. TVs, projectors.
4. Set-top boxes satellite and gaming TV.
5. Cameras and camcorders.
6. Monitors.

Separately allocated goods:

1. Orienteering and communication equipment that has a touch screen and which can perform more than 2 functions.
2. Appliances for the kitchen.
3. Water heating equipment.

What to do?

How to return a technically complex product? The law in this case provides for such actions by the buyer:

1. You may be required to exchange goods for a similar one.
2. Ask for a discount.
3. Agree to repair at the expense of the store.

All these actions can be carried out only in one case - if the breakdown or defect is considered essential! And for this, you must definitely contact the service center. In our example, you need to take the laptop you bought, take it to the service center indicated in the warranty card (you can ask the seller), and require a document confirming that it is really broken. Only on the basis of this paper will the seller be able to return a technically complex product or exchange it, or make a discount, or fully pay for the repair.

What are the significant disadvantages?

A service center can recognize a deficiency as significant if it cannot be eliminated, and it interferes with the use of the product for its intended purpose. For example, in a laptop it may be inoperative RAM or a hard disk defect that does not allow storing information.

In addition, the buyer may demand compensation for technically complex goods. A refund in this case will be appropriate if the cost of fixing the breakdown significantly exceeds the cost of the item itself.

A person must fully return the goods whose purchase was deemed unsafe for the health and life of those around him.

What are the benefits of the guarantee?

So, we figured out that the return of a complex technical product if significant defects are detected is possible only within 15 days. The buyer has the right to refuse repair in compliance with the above reasons. But suppose the seller considered that the car or laptop can be repaired, and at the same time it will work better than before, and sends you as a buyer to the service center. Repair is given a maximum of 45 days.After this period, other laws will begin to apply, allowing you to return the goods.

Therefore, each consumer needs to know what benefits the guarantee provides and how, in this case, to return a technically complex product. If 15 days have passed since the purchase, then the purchased item can still be exchanged under the guarantee, if:

• During the repair process, a significant drawback was found that cannot be eliminated.
• The repair deadlines expired and went beyond 45 days.
• The product is under repair annually and the total period of its use does not exceed 30 days.

The last paragraph means that if you have to regularly take the equipment for repair, it is easier to change it than to suffer from defects.

It should be remembered that the law is on the buyer's side, and even after two years, an exchange can be made. The return of technically complex goods is possible even after the manufacturer's warranty has been issued. This is given exactly two years according to the Law of the Russian Federation. But for this it is necessary to prove that this is precisely a manufacturing defect, and not a consumer one. And this is possible only after an independent examination at the expense of the buyer.

Claim

In order to return a complex technical product, you must write a claim. This is a document that indicates the requirements for the seller regarding the elimination of a defect, exchange or return of goods.

The claim involves the settlement of the dispute in pre-trial order. If the decision does not suit the buyer, he has the right to contact the highest authority. An example of any claim can be freely found on the Internet. But it must contain the following items:

• The name of the seller’s company.
• Name of the buyer.
• The essence of the issue.
• Requirements for the seller.
• Date of writing, signature.

The claim must be written in duplicate, on the second sheet there is a stamp with the date and the director’s signature that he is acquainted with the document and accepted it for consideration.

Copies of the following documents are attached to the paper: contract of sale; check; warranty card; technical certificate. If other repair receipts or the like are available, they must also be provided.

A bit about the timing

So, the seller has received your complaint and is now required to correctly respond. The law in this case determines the specific terms for the return of a technically complex product. You should be aware that 45 days are given for repairs, 20 days for an examination.

The buyer waited for the results of the examination, as a result of which a significant flaw was confirmed, wrote a claim, and now the seller has such a time frame to respond:

• 3 working days in order to give a similar product for temporary use, while the main one is under repair.
• 10 days for the return of non-cash money upon termination of the contract.
• 7 days to replace with exactly the same product if available.
• If the product is not available, 30 days are given in order to order it and deliver it to the buyer for free.

In case of delayed goods after repair (recall, 45 days), the buyer can request to pay a penalty for each delayed day in the amount of 1% of the amount paid for the equipment.

If claims are not satisfied, you can safely go to court.

Buyer Memo

If you still had to deal with such a problem, remember the rules for returning a technically complex product:

1. Before you go to the cashier to pay, ask for a check on the health of the goods. Pay attention to even the smallest features.
2. If the seller did not indicate any important points that impede normal operation, or did not report that the item was already in repair, this can be considered a significant drawback and become the basis for a return.
3. Do not discard checks, data sheets, packaging, or coupons from repairs. If you once repaired a part, and then it broke for 2 years, then it will be repaired for free, provided that you present the paper from the service center.
4. All written claims, seller’s responses, refusals of return, etc., record in writing, set dates and require a signature, this can become evidence in court.
5. The warranty period is extended from the moment the goods came from repair.

More tips

Often there are cases when the seller flatly refuses to accept the claim in any form. He does not make contact and ignores your requirements. Know that any self-respecting company has ready-made forms for processing claims. But if you are faced with disrespect for the laws of the Russian Federation and for you as a consumer, be wiser.

Just send your claim in writing by registered mail with a notification. They can’t get away from him. After that, wait a few days for a call back.

Another way out is to appeal to the Committee for the Protection of Consumer Rights. Its staff will help you resolve disputes at a competent level.

findings

Returning a technically sophisticated product is not as difficult as it seems at first glance. In any case, the law is on the side of the buyer, but you always need to know a lot of nuances regarding this issue. Do not follow the dishonest sellers and always assert your rights.