The Law "On Protection of Consumer Rights" is today considered one of the most applicable regulations. It is difficult to overestimate its value for a domestic buyer. If you use its provisions correctly, you can ensure or restore the rights of consumers violated by unscrupulous sellers and manufacturers who think only of their own benefit. However, not all citizens know how to correctly apply the established norms. Let us further consider how consumer protection is implemented in the Russian Federation. 
Relevance of the issue
To ensure the preservation of consumer rights, it is necessary to have a complete understanding of the opportunities provided by the state. A normative act contains provisions that are set forth in a rather complex legal language. The ignorance of citizens is enjoyed by manufacturers and sellers who have won the trust of buyers. Often, people do not even suspect that the conditions under which they purchase products, services or work substantially infringe on their interests. The fact is that the Law "On the Protection of Consumer Rights" is considered a relatively new regulatory act. In addition, various additions and changes are constantly being made to it. In this regard, we can say that the Law on Consumer Rights is at the stage of formation today. This, in turn, makes it necessary to monitor its constant transformations. 
Replacing a product of inadequate quality
The Consumer Rights Act contains art. 18. In accordance with its provisions, the buyer may submit a request to replace the goods with a product of the same article (brand) or with the same other model (brand). Realizing this right, a number of nuances should be taken into account. In particular:
- The requirement to replace an expensive or technically complex product is allowed to be presented only if the identified defect is found to be significant.
- Turning to the manufacturer or organization that performs its functions in accordance with the contract, the buyer can not ask for a replacement product with the same, but of a different brand.
- The requirement involves the receipt of the same product. This means that if a defect was detected in the TV, then it can not be exchanged for a refrigerator.
Deadlines
In Art. 25 of the aforementioned Federal Law, it is established that the period in which the rights of a consumer can be exercised is 14 days. That is, within two weeks, the buyer can apply for a replacement product. In order not to violate the rights of consumers, the return of goods must be made within seven days. If it becomes necessary to check the product, the period may be increased to twenty days. In accordance with the Civil Code, the beginning of the calculation of the term falls on the day after the event occurred. This means that if the buyer filed a claim on September 1, then the claim must be satisfied until September 8 inclusive.
If you need to check the product, the period will increase until September 21. For failure to comply with the requirements of the regulatory act from September 9 or 22 (respectively), the seller will be responsible. If the store does not have the necessary to replace the product, the procedure should be carried out no more than within a month. At the same time, the fact that there is no necessary product must be proved by the manufacturer, seller or organizations performing their functions in accordance with the contract.The product of inadequate quality is replaced by a model that was not in use (operation). In accordance with Art. 21 of the Federal Law, according to which consumer rights are protected, the warranty period is calculated from the moment the goods are transferred to the buyer again. 
Special cases
The Law provides for the right of a consumer to demand reimbursement of expenses for the correction of a defect in a product by himself or a third party. It should be said that this provision has not received practical distribution. Nevertheless, situations when the buyer is forced to correct shortcomings of a defective product on his own or with the help of a third party urgently, may well happen. For example, a few hours before the start of the New Year's holiday, the music center failed. To call the master is too late. In this regard, the buyer independently fixes the problem or asks for a friend who is versed in technology. By doing so, the consumer has the full right to subsequently demand reimbursement of expenses. 
Proof of
In order to satisfy the claim for reimbursement, it is necessary to prove that:
- The defect in the product really was. This can be confirmed by testimony, as well as expert research. However, the latter procedure may not in all cases be able to establish the presence of a defect, since it has been eliminated.
- Indeed, expenses have arisen in connection with the correction of a deficiency in the product. If possible, this fact should be confirmed by documents. For example, this may be a receipt from the person who carried out the repair, in that he received payment for the work. Also, expenses can be proved by checks from spare parts and materials stores, a receipt from a repair shop. If a private person provided assistance, then the fact of receiving money is proved by his testimony.
It is likely that during the consideration of the buyer's claim for reimbursement of its costs, the question of the appropriateness and necessity of these costs will also be raised. In this case, he will also have to prove that the costs correspond to the actual cost of the repair services or the prices of materials and spare parts, or that they really were urgently needed so urgently.
Forfeit under Consumer Protection Act
The general procedure for collection is regulated by the articles of the Civil Code. The penalty may be of two types: by law or by contract. As practice shows, the latter is many times less than the first. In regulatory enactments, this type of penalty is envisaged for violation of the deadlines for the performance of services or work, delivery of goods or satisfaction of buyer's requirements. Depending on a particular situation, a different size of payments is established.
Rate
Forfeit under the law on the protection of consumer rights in case of violation of the deadlines for the performance of services or work is 3% of the price of the corresponding contract for each delayed day. At the same time, the total amount should not exceed 100% of the contract value. In case of violation of the terms for satisfying the requirements of the buyer, which are stipulated in Art. 22 and 21 of the aforementioned Federal Law, 1% is charged for each overdue day.
In case of violation of the conditions for the transfer of goods that are pre-paid, the penalty under the law on the protection of consumer rights will be 0.5% of the amount of advance payment. It is also charged every overdue day. Moreover, the total amount should not be more than 100% prepayment. Thus, the recovery can vary from 0.5 to 3% for each day. According to Art. 333 of the Civil Code, the amount may be reduced by the court if it is deemed disproportionate to the consequences of violating the terms of the contract. 
Important point
Forfeit under the law on the protection of consumer rights may be imputed without proving damages. That is, the fact of violation of the obligation established in the contract is sufficient. For losses, the following types of forfeit:
- Credit. In this case, the costs are reimbursed in the part that is not covered by the penalty.
- PenaltyThis means that losses may be recovered in excess of the penalty in full.
- Exceptional. In this case, compensation is allowed only forfeit, and not costs.
- Alternative. The consumer can choose what is recoverable: forfeit or loss.
Compensation provided for in regulatory enactments, in contrast to that established in the contract, must be realized regardless of whether such a condition is included in the agreement or not.
