Some stores should offer customers insurance services, various kinds of support from customer care. The Law on the Protection of the Rights of Consumers calls such an imposition of services unlawful, since attempts are being made and ways to deceive the client, wishful thinking. Many examples can be given, the main of which will be insurance or insurance premium.
How to return a product taken on credit?
Most often, when a thing is sold in installments, a loan, that is, a payment, is made in stages, a person is offered insurance. For at least six months, while the product is at the buyer's place, but formally belongs to the seller, the product may deteriorate, break down or fail, not due to improper use of customers.
Suppose a product has a hidden defect found outside the store. It does not affect the appearance. For example, the watch is neat, clean, without a visible defect, but it turned out to be inoperative (after an hour or two).
- The buyer returns to the store with the goods, check and warranty card.
- Next, a statement is drawn up for a refund or replacement of the model in accordance with the Law on Consumer Protection. The imposition of a service on an additional insurance premium upon first appeal is unlawful. But if the buyer re-comes to the store, frankly indicating marriage, we can assume that he is trying to get his money back. Thus, the goods used, not presentation, without insurance.
- If the factory defect is not revealed, the goods are replaced.
In addition, for poor quality watches ordered in the online store, you can request a full refund within 7 days according to the information of the Law - Art. 26.1.
Brand products that are equipped with a full-service package
There are products that are classified as luxury. If the strap comes off, the part is dropped, the store has the right to replace only that part of the goods that has become unusable. At the same time, funds are not refunded for compensation for self-replacement (see Art. 502 of the Civil Code of the Russian Federation).
- The only difficulty is that sellers are not always willing to take goods back, citing laws on consumer luxury, the impossibility of returning, and the internal rules of stores.
- Keep in mind that the rules inside the stores apply only to the staff who work there, signs documents on non-disclosure of trade secrets.
They also offer paid services that are not included in the mandatory insurance package when purchasing goods. Despite the fact that all equipment is a complex technical element, the seller does not have the right to arrange additional services for its transportation, assembly, quality control without the consent of the buyer, even if the watch or phone is taken on credit.
Otherwise, the consumer has nothing to do with the store’s schedule. On his side are “Consumer Protection”, “Rospotrebnadzor” (Federal Law No. 322), the Constitutional and Civil Courts. Paid services, which the store "included" in the price, must be fully prescribed in the contract before the transaction. If there is no such item, you are offered to verbally buy this or that insurance method, feel free to refuse. Otherwise, the Law on the Protection of Consumer Rights will completely occupy the side of the buyer for imposing a service.
Measures in case the store refuses to accept goods
If the product is illiquid and the reasons for this are different, then the buyer must provide the packaging in its original form, a receipt for the payment of the goods and a letter of claim. The cost of “additional” services that the store recommended to purchase is also subject to return.
- An application is drawn up in the name of the store manager with a request to return the money for the goods.
- The verification certificate is attached.
For example, you bought a watch of excellent quality. After 10 days, they stopped working, a defect or something else was discovered. The store’s services also included the replacement of goods when paying for “full insurance”. That is, broken - replaced, broken - replaced. If the buyer is against, he has the right to return all the money, not only the cost of the goods.
Terms for returning products issued with an additional service
Returns by law are possible within the statutory deadlines or during the entire warranty period. (See art. 22 on the timeframe for satisfying customer requirements). However, there are no separate features regarding the services offered. The law applies to all inventions, personal goods and equipment that are considered complex.
To buy a watch or household watch, require a warranty card for the product. His absence should alert. If you suspect the imposition of additional services, refuse immediately. If a factory defect is detected, confirm this fact by conducting an examination. The result can be argued if there is other evidence regarding the quality of the goods. (See p. D) h. 4 tbsp. 1 ФЗ-№ 234 in the commentary to the ЗОЗПП art. 18).
Regulatory framework for the return of goods taken on credit
The provisions of the Law on the Protection of Consumer Rights do not approve the imposition of services. This is a violation of the rights of the buyer, which is administrative in nature for individuals - sellers. A legal entity for imposing insurance services may be prosecuted in accordance with the Criminal Code of the Russian Federation.
The rights apply to customers who wish to make a purchase on credit or by installments. A person who has issued a bank loan for the purchase of a complex technical product has the right to refuse the goods by returning it to the store to receive the amount paid. The cost of the additional service is also subject to return, despite the fact that financing and lending takes place with the participation of a third party - the bank.
Features of the return of products purchased on credit
To return the phone, for example, for which not the full amount has been paid, you need to be guided by article 22 of the Law "On Protection of Consumer Rights". It is said that only in the event of claims by the buyer, the goods are subject to return.
- The device is working properly after repair. That is, the person turned to the service center, but after the services provided, he decided to refuse the phone taken on credit. In this case, the cost of insurance services is not reimbursed, because the product is functioning properly.
- I did not like the device - within 2 weeks, a product that is working properly can be returned. Money for insurance is non-refundable.
- If a defect is detected on the phone during inspection by the commission, then it will be returned to the store during the warranty period. The buyer receives a refund of the cost of damage, goods and services, which were supposed to "help fix" possible problems.
In each case, you need documents to purchase the product. If we are talking about large household appliances, the rights of the seller and the buyer are regulated by the RF AK.
Possible nuances of return
The peculiarity lies in the fact that a purchase made by installments with or without interest payment is not the property of the buyer until the full repayment of the debt. Moreover, the law prohibits obliging the buyer to complete the assembly, delivery upon purchase.
- It’s worth recalling the commercials with the characteristic slogan: “After you get a subscription for a year, you will receive a phone for free.”Is this hidden implication or the terms of the promotion? In such situations, you should carefully study the features of the transaction. Read carefully the contracts concluded with the bank.
- It is worth considering two legislative articles stating that a phone taken in installments or a loan is equivalent to the type of equipment drawn up by credit history.
- That is, it doesn’t matter if you pay a percentage of the total price with the price of additional services or just divide the contributions into equal parts, the phone is not considered your property. In this case, the imposition of services to consumers is an additional concern and expenses of the company.
Such an item is considered a guarantee. The client cannot sell it, donate it, as it is responsible for it. However, it happens that the client wants to make a gift for which he is ready to pay.
For example, buying a car. A car dealership has the right to offer configuration variations, but it does not have the right to oblige to buy a particular package of “features” of a car. Responsibility for the imposition of services by the seller may adversely affect the company's reputation.
Terms of return of goods purchased on credit
Without the consent of the pledge holder, the store cannot accept the goods and return the money. Therefore, when it comes to terms of return, it is worth considering the response time of the bank and the store itself. As a rule, within 10 business days after the presentation of requirements for the quality of the goods and the desire to terminate the contract of sale, the bank must give an answer.
Demand from the seller: what should he do?
Also, the legal requirements set forth in Art. 475 of the Civil Code of the Russian Federation. If the item turned out to be unusable, it has a marriage:
- The buyer can refuse the goods by returning the amount paid.
- Demand a replacement on account of a paid loan.
If in response there is an imposition of services, where to complain? First, a statement is drawn up in the name of the company. The parties involved in the conflict are indicated. Next is a letter to the Arbitration Court, Constitutional or Supreme.
Contacting a bank to suspend a contract
The bank must submit an act issued by the store to receive a refund based on consumer rights (Article 503 of the Civil Code of the Russian Federation). A statement is also written to terminate the contract with the bank indicating the reasons. The bank returns the borrower money, issues a document that really confirms the termination of the contract. If the goods of good quality were given to the store, then the interest for each month of use is not returned in accordance with Art. 504 of the Civil Code of the Russian Federation.
Attention! If the funds were transferred to a personal account before the termination of the contract with the bank, this means that the money for the loan was returned, the goods were returned to the store, but the contract is still valid. If the store is engaged in the cancellation of documents, then it is obliged to issue such a certificate before sending the refund amount to the bank.