The legal consequences of the sale of products of inadequate quality are enshrined in Art. 503 of the Civil Code of the Russian Federation. The norm establishes a number of possibilities, among which the consumer can choose the most acceptable. Consider Art. 503 of the Civil Code of the Russian Federation with comments.
Consumer Rights
As indicated in paragraph 1 of Art. 503 of the Civil Code of the Russian Federation, the acquirer to whom the product of inadequate quality was sold may, at its discretion, require:
- Replacing things with a benign product.
- A commensurate price reduction.
- Gratuitous immediate elimination of identified deficiencies.
- Compensation of costs for the elimination of defects.
These rights are exercised if the seller did not agree on the product defects in advance.
Nuances
If defects are found in products whose properties do not allow them to be eliminated, the acquirer, on the basis of paragraph 2 of Art. 503 of the Civil Code of the Russian Federation , has the ability to demand replacement of goods or a commensurate reduction in value. Such products, in particular, include food products, household chemical goods, etc.
If we talk about technically complex objects, the acquirer, as indicated in paragraph 3 of Art. 503 of the Civil Code of the Russian Federation , may require replacing the product or abandoning defective products purchased at retail. In the latter case, the buyer may demand a refund of the amount paid for the product. These rules apply to the identification of significant violations of the requirements for the quality of technically complex products.
Additional Provisions
Instead of the requirements stipulated by the first and second paragraphs of Art. 503 of the Civil Code of the Russian Federation, the buyer can unilaterally withdraw from the contract by demanding a refund of the amount paid for the product. This possibility is enshrined in paragraph 4 of the norm.
If the purchaser refuses to fulfill the contract, he, at the request of the second party (seller), returns the defective product at his expense. This requirement is contained in paragraph 5 of Art. 503 of the Civil Code of the Russian Federation .
In case of returning to the acquirer the money paid by him for a defective product, withholding the amount by which the price of such a product has decreased due to partial / full use, loss of presentation or other circumstances is not allowed.
The procedure established in Art. 503 of the Civil Code of the Russian Federation, applies unless otherwise provided by law.
Explanations
Provisions regarding the protection of consumer rights are provided not only in Art. 503 of the Civil Code of the Russian Federation. Art. 18 Federal Law No. 2300-1. This article secures the rights of the buyer in identifying defects in the product. They are given in an expanded form and are considered priority over Art. 503 of the Civil Code of the Russian Federation , as stated in paragraph 6 of this rule. When applying these standards, however, a number of nuances should be taken into account.
In practice, 2 situations are distinguished:
- The buyer acts as a consumer (this concept is disclosed in the preamble to Law No. 2300-1). In this case, the laws of the Federal Law No. 2300-1 and other laws governing the protection of consumer rights apply to the emerging sale and purchase relations.
- The buyer does not act as a consumer. In this case, the rules of Art. 503 of the Civil Code of the Russian Federation .
Alternatives
In the first paragraph of Art. 503 of the Civil Code of the Russian Federation secures 4 possible options for the buyer. When purchasing a low-quality product, the subject can choose only one of them.
In paragraph 17 of the plenary resolution of the Armed Forces No. 7 of 29 September. 1994, it is explained that when selling products of inadequate quality, it is the purchaser who has the right to choose the requirement from the lists enshrined in Art. 503 of the Civil Code of the Russian Federation and Art. 18 Federal Law No. 2300-1, and not to the seller.
Meanwhile, if the acquirer has made a choice in favor of one of the rights, he may present other requirements. For example, the buyer has the right to demand compensation for losses, moral damage, etc.
Individual types of products
When selling certain goods, clauses 2, 3 of the analyzed norm provide for special legal consequences. Their specificity is expressed primarily in the list of rights that the acquirer can exercise. Moreover, in a particular situation, he can choose only one of them.
A special group of products includes products with properties that do not allow to eliminate defects. In Article 503 of the Code, only certain types of such products are named. This list is considered open. When identifying the shortcomings of such a product, the buyer can choose one of two requirements: replace the product or reduce the purchase price.
Technically sophisticated products
A special set of rights of the acquirer also applies to her. The types of such goods are enshrined in the List approved by government decree No. 575 of 05/13/1997. It includes:
- motor vehicles, license plates going to them;
- scooters, motorcycles;
- snowmobiles;
- outboard motors, yachts, boats;
- freezers, refrigerators;
- automatic washing machines;
- PC with basic peripheral equipment;
- motor-cultivators, motor-blocks, agricultural tractors.
As you can see, not all products that can be considered technically complex in accordance with their physical properties are present in this list. For example, there are no televisions in it.
A person who has purchased a technically sophisticated product of inadequate quality may require replacing it with another quality product. If the quality requirements were substantially violated, he may refuse the contract with the seller. In this case, the acquirer has the right to demand from him the return of the amount paid for the product.
Important points
Assessment of the materiality of the violation is made in accordance with the provisions of article 475 of the Civil Code (Clause 2) and based on the definition present in the preamble to the Federal Law No. 2300-1.
Other requirements, enshrined in paragraph 1 503 of the Civil Code, for technically complex products, the acquirer is entitled to declare when any defect (both minor and significant) is detected.
Concretization of the provisions of Art. 503
The rules provided for by the analyzed norm are developed in article 18 of the Federal Law No. 2300-1. As set forth in clause 1, consumer requirements related to the cancellation of the contract and the exchange of low-quality technically complex products are satisfied in case of any defects - within 15 days from the date of transfer of the goods or after the end of this period - under certain conditions. The latter include:
- identification of significant defects;
- violation of the deadline set forth in Federal Law No. 2300-1 to eliminate deficiencies;
- inability to use the product for more than 30 days. each year of the warranty period in connection with the repeated elimination of various defects.
Cancellation of contract
According to general rules, it is allowed in identifying any product defect. Moreover, the cancellation of the contract is provided as an alternative to other rights enshrined in 503 of the Civil Code.
Meanwhile, this provision does not apply to technically complex products. In relation to them, the procedure of clause 3 503 of the article of the Code applies.
The exercise of the right to withdraw from the contract entails certain legal consequences, depending on in whose particular favor (the acquirer or seller) they are established.
The buyer may request a refund of the amount of payment for the goods. In this case, rule 5 of paragraph 503 of the article applies. Accordingly, if the buyer returned the product without packaging, for example, the seller is not entitled to withhold its value from the refundable amount. This conclusion is confirmed by the prescription present in paragraph 2 of article 16 of the Federal Law No. 2300-1. According to its provisions, it is not allowed to connect the satisfaction of the consumer’s requirements presented within the warranty period with conditions not related to the shortage of goods (work, services).
However, the seller has the right to demand the return of low-quality products. This requirement is counterclaim. Accordingly, the seller can declare it only in case of the cancellation of the acquirer from the contract.
Purchase returns
It is carried out by the seller. This rule is considered as a particular manifestation of the general order, to which the relations of the parties are subject to failure to fulfill the terms of the contract with the participation of the consumer. Simply put, there is a principle by which the acquirer should not bear property consequences in case of violation of his rights.
However, it should be noted that the obligation of the buyer to return a defective product does not arise if the seller does not make such a requirement. The same rule applies when it is impossible to return a product due to the specificity of its properties. In the latter case, in particular, we can talk about food products, wallpaper, poor-quality drawing of which was discovered after gluing on the walls, etc. But the law does not formally exclude the seller’s right to demand the return of goods in such situations. Another thing is that the requirement cannot be fulfilled due to objective reasons, but it can be regarded as abuse by the seller of his right.