Inadequate quality product is ... The concept, definition, processing of a claim, return of goods and implementation of the law of the Russian Federation "On Protection of Consumer Rights"

One of the main parameters characterizing a product is its quality. It may be appropriate and inappropriate. Given the category that a particular product is sold, there are differences in the possibility of replacing it with analogues or a complete rejection of the transaction. The rights that consumers have if different situations arise are also different.

Basic concepts

The concept of inadequate quality is fixed by law. In accordance with it, a product of inadequate quality is a product that has significant shortcomings that do not allow it to be used for its main purpose, or that is completely defective.

If a remote purchase is carried out, the quality of the goods cannot be recognized as inappropriate only for the sole reason: if the acquired object is actually different from the declared one, but it does not have malfunctions, breakdowns or defects.

This means that the product has the proper quality, since it fully complies with the established rules and standards, has all the necessary properties that allow it to be used for its main purpose in the future, does not have malfunctions or any defects.

Proper quality by law

In accordance with federal laws, each buyer has the right to purchase and further use products of only appropriate quality. This means that the buyer can present the seller with a corresponding requirement.

Exchange or refund

If there is a violation of consumer rights, goods of inadequate quality are subject to exchange or return. In addition, the buyer may file a claim if it is not possible to resolve the matter in pre-trial procedure.

Legal regulation

The main legislative norm defining obligations and protecting the rights of buyers is the federal law regulating the protection of consumer rights.

In accordance with this legislative act, certain legal frameworks are established:

1. The seller is obligated to notify potential buyers of the sale of goods of inadequate quality. This should happen every time if such a situation takes place. Giving a discount or markdown in this case is not a way of notifying the buyer, as customers are not required to know the reasons why the price was reduced.
2. The client has the right to initiate the exchange of non-food products, if it is of inadequate quality. This can be done within 14 days following the day of purchase of such a product. The seller has the right to refuse to exchange goods of inadequate quality. This is possible only in cases stipulated by applicable law. Also, a refusal is possible if the purchase belongs to the list of goods that are not subject to return and exchange. Such a list is established by the government. Trading enterprises have no right to change it at their own discretion or desire.
3. If the exchange of goods is not possible due to the lack of analogues, the agreement on the purchase and sale can be terminated at the request of the client. In this case, he will receive back the full amount of money paid for the purchase.
4. The legal rights of the buyer, allowing him to exchange and return goods of inadequate quality (a sample claim can be found below), are retained even if he does not have a check or other document that can confirm payment of the purchase. In accordance with the law, the buyer can confirm the purchase, referring to the testimony of witnesses.

Consumer Rights

If the seller sells goods of inadequate quality, according to the law, he must obligatorily notify the buyer not only about the fact of quality mismatch, but also about all the shortcomings and defects that exist in the object of trade. In cases where these nuances have been agreed upon and have not been recorded in writing, the buyer, after their discovery, has the right to file the relevant claims with the party that violated the rules of trade and legislation.

Notification of an informational nature contained in check documentation and an announcement at the point of sale indicating the presence of low-quality goods are insufficient grounds for the sale of low-quality products.

Thus, if the buyer after acquiring the goods revealed defects not specified in the written agreement, then he can exercise one of the following rights:

1. Replace the purchased product with a similar one, but having the proper quality.
2. Replace with another product, recalculating the price difference.
3. Leave low-quality goods at home and get a discount on it.
4. Reimburse the seller for his own financial costs that arose as a result of eliminating the existing breakdown.
5. Repair existing damage free of charge. All financial costs in this case are borne by the seller or other responsible person.
6. Completely terminate the transaction by returning the defective goods to the seller and receiving from him the full amount of money paid for the purchased products.

Rules and return mechanism

If the buyer after acquiring a product discovers significant deficiencies that do not allow it to be used for its main purpose, it should act according to the following algorithm:

1. If the product is under warranty, the consumer must notify the seller that shortcomings of the purchased product were discovered, and which ones.
2. The quality of the goods should be checked, as the seller is solely responsible for those defects that existed prior to the sale or occurred through his fault.
3. If an ambiguous or controversial situation arose during the quality control, a specialized examination should be appointed. Each interested party can participate in it.
4. If the examination gave a positive result, then the manufacturer or seller is responsible. The client has the right to exercise one of his rights to return, exchange a purchase or receive a refund for goods of inadequate quality.

Drawing up a claim

A claim for the return of purchased goods of inadequate quality is a measure that is applied not only in cases where the product has turned out to be of poor quality. Also, a statement can be prepared if the consumer wants to exchange and return quality products.

A claim is made in cases where the trading process has been completed in compliance with all conditions established by law. It can be drawn up in any form, since there is no unified image of a claim for the return of goods of inadequate quality.

But experts recommend that you follow some rules, which in practice allow you to increase the chances of a positive outcome:

1. A claim should be made in several copies. On one of them, the representative of the seller must put his signature, indicating that he received his copy in his hands.
2. The main three points of the document - the place, time and date of purchase of goods. Any claim must begin with them.
3. The document should have the most detailed description of the product - its known characteristics and features.
4. It is necessary to indicate not only defects that were discovered, but also the circumstances in which they were found.
5. It is advisable to reflect information that defects arising through no fault of the buyer interfere with the intended use of the goods.
6. In cases where the product has large dimensions or weight, the claim should also stipulate the method of transportation to the seller from the buyer.
7. The text of the claim must be concise, understandable. The document should not be ambiguous or incomprehensible.

If you still have questions on compilation, a sample claim for goods of inadequate quality can be found in online sources.

The procedure for replacing defective goods

Among other things, the federal law clearly describes the procedure and rules for the replacement of products with disadvantages. The requirements for this process are as follows:

1. The seller must replace the goods no later than seven days from the receipt of the relevant application from the buyer.
2. If any additional checks are necessary, the replacement period is extended to 12 days.
3. If the seller does not have an identical or similar product with which it is possible to replace the sold product of inadequate quality, the replacement period may increase up to 30 days. Moreover, the buyer has a priority right to receive the received similar goods. The seller must notify the customer as soon as the goods are available.
4. If the seller does not meet the deadline established by law, then within three days he must provide the buyer with goods with similar properties and characteristics for temporary use, and free of charge. In addition, the seller does not have the right to demand additional payment from the client for the transportation of similar goods.
5. After the goods are replaced, the warranty period is set again and in full.

Conclusion

Thus, each buyer has the right to return or exchange defective goods. This is carried out in accordance with the law. Failure to comply with the law of the Russian Federation "On the Protection of Consumer Rights" for the seller may be fraught with a fine and administrative punishment.