Return goods of inadequate quality: what to do?
Unfortunately, recently quite often there are situations when consumers are faced with the acquisition of goods of inadequate quality. This means that the buyer, after making a purchase, finds out that he cannot use it for its intended purpose, and is forced to go to the store to recover the money spent.
Return the goods of inadequate quality
Absolutely any product of a non-food group can act as a product of low, inadequate quality. For example, household appliances, furniture, toys, home furnishings, cosmetics and perfumes, clothing and shoes, etc. There are products that are called technically complex; These include motor vehicles, motorcycles, yachts and boats, snowmobiles, tillers and tractors, refrigerators and washing machines, computer equipment. With respect to these items, the time during which deficiencies are discovered, and the person is entitled to claim a refund, is much longer.After purchasing a thing and identifying, say, a marriage, any buyer has the right to return to the store with complaints and demand a return or exchange of goods.
What is a product of inadequate quality?
Under this concept is usually implied the inconsistency of the product with the declared description or a defect that prevents the use of the thing for its intended purpose. The disadvantages inherent in the product can be significant - this is when their elimination requires disproportionate costs or a long time, or when they appear repeatedly or occur from time to time again. An example is a blender that performs only two functions instead of five, as stated by the manufacturer. It doesn’t matter that the device still works - it’s still considered a product of inadequate quality and can be returned. The main thing is to prove that its defects are a production defect or the result of the carelessness of the seller or transporter, but not the fault of the buyer. If, for example, the blender is broken after purchase due to improper handling or falling, then it will not be refundable.
It should be borne in mind that any seller in the case of returning the goods to the store will appoint an examination - an independent assessment by special experts who can determine what caused the breakdown. If a manufacturing defect is recognized, i.e. a defect, the seller bears the costs, and the buyer has the full right to claim damages. Return of goods of inadequate quality is carried out within 10 days. And if the examination gives an answer in favor of the seller - the costs are borne by the buyer. For example, experts may recognize that the product was damaged due to the buyer's fault - then the product will not be returned, regardless of whether it can be used or not. The result can always be challenged in court. Or the buyer has the right to apply to any expert department himself and provide the seller with his results.
Consumer Protection Act
This law is the main state legal act that regulates the relationship of the seller and the buyer. It was officially adopted on February 7, 1992, and is constantly being amended to help clarify the circumstances of the disputes between the parties.The last amendments were made in July 2011. According to the existing law, which is called: “On the protection of consumer rights”, every citizen has the right to quality, safety, information and the return of the amount spent. In practice, this means that if the product / thing does not meet the stated quality or does not meet safety standards, it is recognized as a product of inadequate quality and can be returned to the store or any other point of sale. The same applies to the right to information - if the seller or the manufacturer is silent about the defects or defects of the product, the law takes the side of the consumer.
What can be required
If there is a discrepancy of the goods after its purchase, the consumer can make a complaint to the seller. You can request that he replace the purchased product with a similar thing of the same brand (or other suitable). You can recalculate the cost - in accordance with the defects that the product has. The difference is reimbursed by the seller / manufacturer. In addition, the consumer may require repairs at the expense of the seller, or if he has already spent some amount on repairs,- reimbursement of its costs. And, of course, the buyer has the right to demand that they simply return the money spent on the purchase.
When contacting the store, the buyer must describe in writing his requirements - a claim is made for the return of goods of inadequate quality. This written document must be in duplicate - one is intended for the seller, the second remains with the consumer. In the claim it is important to indicate to whom it is presented (the name of the organization and the name of the store manager) and from whom it originates (all data of the buyer). The text should describe the essence of the matter as precisely as possible: when the goods are purchased, what are its drawbacks, what does not work or is dangerous - everything needs to be told in detail.It is better to immediately refer to the current law indicating specific articles. In the text, it is necessary to clearly state your requirements - product repair, money back, etc. You must choose one thing, you cannot demand everything at once, it is illegal. At the end, the buyer’s signature, the date of contact with the store and the list of documents attached to the claim are put: warranty card, cashier’s receipt, instructions with a description, etc.Even if the documents are not saved, the consumer still has the right to return - the seller’s refusal to return the money due to the lack of a check is illegal. If you do not agree to accept the claim, then the document should indicate that the store refused you - then you can go to court with a written refusal.
In case of failure of the manufacturer or the seller to return the goods of inadequate quality, the buyer has the right to go to court. And in any, at its discretion. Of course, it will take much more time and will require effort, but in 90% of cases all costs are justified: the seller will not only recover the claim costs, but also pay for moral damage. There are cases when only the last amount is much higher than the expenses incurred by the buyer earlier.
Conditions under which the law is on the consumer’s side
There are a number of conditions under which it will be very easy to prove one’s case. These include obvious defects in the product - if available, return of goods of inadequate quality within 14 days is the indisputable right of any buyer. If there are significant shortcomings proven by expertise, you can return the money after the specified period.Damage to the goods occurred through the fault of the seller or manufacturer, as evidenced by the examination; the buyer turned to the store, made a claim and has documents proving his identity and proving the purchase of the product in this store - in all these cases, the return of the goods must be carried out safely and without disputes. Of course, large chains and stores solve problems of returning faster and more efficiently, as they protect their reputation. Individual small sellers may try to get out somehow, argue, but even in this case, their consumer rights can be defended.