The product meets the technical specifications. I bought a player, but it did not meet the technical specifications

You bought a product, but after the purchase it turns out that it did not suit you due to some characteristics or properties. In this case, the Law allows you to return an unsuitable product.

If there are no defects in the product and you simply did not like it or did not suit it, then such a product is a product of proper quality and, in accordance with Article 25 of the Law “On Protection of Consumer Rights,” you have the right to exchange a non-food product of proper quality for a similar product from a seller who has this the product was purchased if the specified product did not fit in shape, dimensions, style, color, size or configuration. The Law allows fourteen days for this, not counting the day of purchase.

An exchange is carried out if the product has not been used, its presentation, consumer properties, seals, factory labels are preserved, and there is also a sales receipt or cash receipt or other document confirming payment for the specified product. Therefore, when you come home with a purchase, you don’t need to immediately tear off all the labels, protective films, tear the packaging, etc. Because If you bring a product to the store that shows that it has already been used, the seller will refuse to exchange you and will be absolutely right.

Don’t be upset if you don’t have a receipt - the law allows you to refer to the testimony of witnesses in the absence of documents confirming payment.

There is one exception - this is a list of goods that you cannot exchange (if these goods are of proper quality) under any circumstances, even if their presentation is completely preserved.

• Products for the prevention and treatment of diseases at home (sanitary and hygiene items made of metal, rubber, textiles and other materials, medical instruments, instruments and equipment, oral hygiene products, spectacle lenses, child care items), medicines;


• Personal hygiene items (toothbrushes, combs, hairpins, hair curlers, wigs, hairpieces and other similar products);


• Perfume and cosmetic products;


• Textile goods (cotton, linen, silk, wool and synthetic fabrics, goods made from non-woven materials such as fabrics - ribbons, braid, lace and others); cable products (wires, cords, cables); construction and finishing materials (linoleum, film, carpeting and others) and other goods sold by the meter;


• Sewing and knitted products (sewing and knitted linen products, hosiery products);


• Products and materials in contact with food, made of polymeric materials, including for one-time use (tableware and kitchen utensils, containers and packaging materials for storing and transporting food products);


• Household chemicals, pesticides and agrochemicals;
• Household furniture (furniture sets and sets);


• Products made of precious metals, with precious stones, made of precious metals with inserts of semi-precious and synthetic stones, cut precious stones;


• Cars and motorbikes, trailers and numbered units for them; mobile means of small-scale mechanization of agricultural work; pleasure boats and other household watercraft;


• Technically complex household goods for which warranty periods are established (household metal-cutting and woodworking machines; household electrical machines and appliances; household radio-electronic equipment; household computing and copying equipment; photographic and film equipment; telephones and fax equipment; electric musical instruments; electronic toys, household gas equipment and devices);


• Civilian weapons, main parts of civilian and service firearms, ammunition for them;


• Animals and plants;


• Non-periodical publications (books, brochures, albums, cartographic and musical publications, sheet art publications, calendars, booklets, publications reproduced on technical media).

This list was approved by Decree of the Government of the Russian Federation of January 19, 1998 N 55 (amended by Decrees of the Government of the Russian Federation of October 20, 1998 N 1222, of 02/06/2002 N 81). No one will accept goods from this list from you, even if this product is in perfect condition. Therefore, be careful when choosing such products.

From all this you can take simple advice. If at the time of purchase you doubt your choice, then:

• Don't lose your receipt so you don't have to look for witnesses to your purchase.


• When you arrive home, try not to violate the integrity of the packaging, do not tear off tags and labels, in general, the product should retain its presentation.


• If you choose a product that is prohibited for exchange, be careful about your choice, because No one will change such a product for you, even if you did not take it out of your bag.

If the category of third parties is the length of service from the value of the property, then it will be necessary to sign or sign the document or later.
If it is taken into account when it contradicts the norms of the Labor Code of the Russian Federation, then in accordance with paragraph 1 of Art. 20 of the Federal Law of July 16, 2008 106-FZ "On Labor Pensions in the Russian Federation" and Art. 228 Tax Code of the Russian Federation.
In case of taxation, income from the sale of an apartment is 600,000 rubles. not received from the sale of real estate.
If the municipality is not prohibited by the Labor Code of the Russian Federation (Article 199. Preferential right to remain at work in the event of a reduction in the number or staff of employees, the preemptive right to remain at work is granted to employees with higher labor productivity and qualifications provided for by subparagraph 4 of paragraph 1 of Article 224 of this Code by the taxpayer is dismissal after dismissal from work, including during the period of work (service, other activities) with another policyholder (other policyholders); it is not taken into account in cases where, within two weeks after dismissal, the employee applied to this body and was not employed by it.
Severance pay in the amount of two weeks' average earnings is paid to the employee upon termination of the employment contract due to:
the employee’s refusal to transfer to another job, required for him in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, or the employer’s lack of relevant work (clause 8 of part one of Article 77 of this Code),
calling up an employee for military service or sending him to an alternative civil service replacing it (clause 1 of part one of Article 83 of this Code),
reinstatement at work of an employee who previously performed this work (clause 2 of part one of Article 83 of this Code),
refusal of the employee to transfer to work in another locality together with the employer (clause 9 of part one of Article 77 of this Code),
recognition of the employee as completely incapable of working in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation (clause 5 of part one of Article 83 of this Code),
refusal of the employee to continue working in connection with a change in the terms of the employment contract determined by the parties (clause 7 of part one of Article 77 of this Code).
(Part three as amended by Federal Law dated June 30, 2006 90-FZ)
(see text in the previous "edition")

Let us immediately note that the Law provides for the Consumer’s right to exchange a quality product, and not to return it. The consumer has the right to a refund only if the store does not have a similar item in stock on the day of contacting the store.

In accordance with the Law, the Consumer has the right to exchange non-food products of good quality that do not suit him in shape, dimensions, style, color, size or configuration.

The consumer has the right to exchange goods within fourteen days, excluding the day of purchase.

An exchange of a non-food product of proper quality is carried out if the specified product has not been used, its presentation, consumer properties, seals, factory labels are preserved, and there is also a sales receipt or cash receipt or other document confirming payment for the specified product. The consumer’s absence of a sales receipt or cash receipt or other document confirming payment for the goods does not deprive him of the opportunity to refer to witness testimony.

If a similar product is not on sale on the day the consumer contacts the seller, the consumer has the right to refuse to execute the sales contract and demand a refund of the amount of money paid for the specified product.

The consumer's request for a refund of the amount of money paid for the specified product must be satisfied in three days from the date of return of the specified goods.

Reason: Art. 25 of the Law of the Russian Federation of 02/07/1992. No. 2300-1 “On the protection of consumer rights”, clause 26 of the “Rules for the sale of certain types of goods”, approved by the Decree of the Government of the Russian Federation of January 19, 1998. No. 55.

However, there is an exception to this rule. Some items cannot be exchanged (or returned). They were included in the list approved by Government Decree No. 55.

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NON-FOOD GOODS OF GOOD QUALITY, NOT SUBJECT TO RETURN OR EXCHANGE FOR SIMILAR GOODS OF OTHER SIZE, SHAPE, DIMENSIONS, STYLE, COLOR OR COMPLETE COMPLEXES

1. Products for the prevention and treatment of diseases at home (sanitary and hygiene items made of metal, rubber, textiles and other materials, medical instruments, instruments and equipment, oral hygiene products, spectacle lenses, child care items), medicines
2. Personal hygiene items (toothbrushes, combs, hairpins, hair curlers, wigs, hairpieces and other similar products)
3. Perfume and cosmetic products
4. Textile goods (cotton, linen, silk, wool and synthetic fabrics, goods made from non-woven materials such as fabrics - ribbons, braid, lace and others); cable products (wires, cords, cables); construction and finishing materials (linoleum, film, carpeting and others) and other goods sold by the meter
5. Sewing and knitted products (sewing and knitted linen products, hosiery products)
6. Products and materials in contact with food, made of polymer materials, including for single use (tableware and kitchen utensils, containers and packaging materials for storing and transporting food products)
7. Household chemicals, pesticides and agrochemicals
8. Household furniture (furniture sets and sets)
9. Products made of precious metals, with precious stones, made of precious metals with inserts of semi-precious and synthetic stones, cut precious stones
10. Cars and motorbikes, trailers and numbered units for them; mobile means of small-scale mechanization of agricultural work; pleasure boats and other household watercraft
11. Technically complex household goods for which warranty periods are established (household metal-cutting and woodworking machines; household electrical machines and appliances; household radio-electronic equipment; household computing and copying equipment; photographic and film equipment; telephones and fax equipment; electric musical instruments; electronic toys, household gas equipment and devices)
12. Civilian weapons, main parts of civilian and service firearms, ammunition for them
13. Animals and plants
14. Non-periodical publications (books, brochures, albums, cartographic and musical publications, sheet art publications, calendars, booklets, publications reproduced on technical media)

Sample claim for exchange of goods that do not fit in size or color

To the head of SIGMA LLC

from Ivanova Inna Ivanovna

tel. _____________________

P R E T E N Z I

Thus, a purchase and sale agreement was concluded between you and me.

The product I purchased is _________________________ of proper quality, but I cannot use it for its intended purpose, because... ______________________ (indicate the reason, for example: does not fit in style, dimensions, size, etc.)

In accordance with Art. 25 of the Law of the Russian Federation “On the Protection of Consumer Rights” “The consumer has the right to exchange a non-food product of proper quality for a similar product from the seller from whom this product was purchased, if the specified product is not suitable in shape, dimensions, style, color, size or configuration.

Considering the above and guided by Art. 25 of the Law of the Russian Federation “On the Protection of Consumer Rights”, I demand that the goods _____________________ be exchanged for a similar one of the required size.

Sample claim for a refund for a quality product that does not match the color or size

To the head of SIGMA LLC

Address: Moscow, st. Yuzhnaya, no. 10

from Ivanova Inna Ivanovna

Moscow, st. Severnaya 3, apt. 19

tel. _____________________

P R E T E N Z I

"______"________________20___ I (bought) (a) from you _______________________ at a price of ______________ rub.

This fact is confirmed by a cash receipt dated ___________. Thus, a purchase and sale agreement was concluded between you and me.

The product I purchased is ________________________ of proper quality, but I cannot use it for its intended purpose, because... ______________________ (indicate the reason, for example: does not fit in style, dimensions, size, etc.)

In accordance with Art. 25 of the Law of the Russian Federation “On the Protection of Consumer Rights” “The consumer has the right to exchange a non-food product of good quality for a similar product if it does not suit the shape, dimensions, style, color, size or configuration.

"_____"___________20_____ I asked about exchanging an item, but the required color (size, style, etc.) is not available.

If the required product is not on sale on the day the consumer contacts him, he has the right to refuse to execute the sales contract and demand a refund of the amount paid for the product. (Article 25 of the Law).

Considering the above and guided by Art. 25 of the Law of the Russian Federation “On the Protection of Consumer Rights”, I demand a refund for the goods ____________________ in the amount of _________ rubles.

I warn you that for each day of delay in fulfilling the requirements, you are obliged to pay me a voluntary penalty in the amount of 1% of the cost of __________________. Reason: Art. 23 of the Law of the Russian Federation “On the Protection of Consumer Rights”.

If you refuse to fulfill this claim voluntarily, I will be forced to file a lawsuit. In the statement of claim against you, I will seek not only fulfillment of the requirements set out in this claim, but also compensation for moral damages (Article 15 of the Law of the Russian Federation “On the Protection of Consumer Rights”), which will be assessed depending on your reaction to the claim.

I also warn you that if you refuse to voluntarily comply with the requirements, when considering a claim in court, you may be charged a fine in the amount of 50% of the cost of the claim (Article 13, paragraph 6 of the Law of the Russian Federation “On the Protection of Consumer Rights”).

Date _______________ Signature ___________________

Attached: 1. Copy of cash receipt

If the consumer does not want to exchange what he purchased for a similar one, then he has the right to refuse to fulfill the purchase and sale agreement and demand a refund of the amount paid for the specified amount. A request for a refund, as well as a request for an exchange of goods, is best made in writing, because the law specifies a three-day period (from the date of return of the goods and receipt of a request for a refund of the money paid for) satisfaction by the seller.

You bought a quality product, but it didn’t suit you

If you bought a high-quality non-food product, but it did not suit you, you have the right to exchange it for a similar product within 14 days, not counting the day of purchase. If the product you need is not on sale, you have the right return the item to the seller and receive the money paid for it (Article 25 of the Law of the Russian Federation “On the Protection of Consumer Rights”).

Returning goods that do not meet technical specifications

An exchange of a non-food product of proper quality is carried out if the specified product has not been used, its presentation, consumer properties, seals, factory labels are preserved, and there is also a sales receipt or cash receipt or other document confirming payment for the specified product. The consumer’s absence of a sales receipt or cash receipt or other document confirming payment for the goods does not deprive him of the opportunity to refer to witness testimony.

How to return a quality product that does not fit in size or color

Let us immediately note that the Law provides for the Consumer’s right to exchange a quality product, and not to return it. The consumer has the right to a refund only if the store does not have a similar item in stock on the day of contacting the store.

How to return an item to the store if it doesn't suit you

Products for the prevention and treatment of diseases at home (sanitary and hygiene items made of metal, rubber, textiles and other materials, medical instruments, instruments and equipment, oral hygiene products, spectacle lenses, child care items), medicines;

How to file a claim for a refund for an item that did not fit

The claim must be submitted to the store director. You should also indicate the applicant's full name and passport details. The text states that the item purchased in this store (indicating the date and cost) did not fit in size. It says that it has not been used during this time, and all the labels on it have been saved. Towards the end, after referring to Article 25 of the PLA, the applicant asks for the return of the funds. A check is attached to the application. Signed and dated at the bottom.

The product does not meet the stated characteristics: how to get your money back

2. Before concluding a contract, the seller must provide the consumer with information about the basic consumer properties of the product, the address (location) of the seller, the place of manufacture of the product, the full brand name of the seller (manufacturer), the price and conditions for purchasing the product, about its delivery, service life, shelf life and warranty period, about the procedure for paying for the goods, as well as about the period during which the offer to conclude a contract is valid.

Claim for a refund for an item that does not fit in size

Legal grounds presuppose such a right, but only as an exception. Money can be returned only if the seller/supplier does not have a similar unit that is fully suitable for the formal buyer. If the name is available, then it will not be possible to demand funds.

I have a right

This list was approved by Decree of the Government of the Russian Federation of January 19, 1998 N 55 (amended by Decrees of the Government of the Russian Federation of October 20, 1998 N 1222, of 02/06/2002 N 81). No one will accept goods from this list from you, even if this product is in perfect condition. Therefore, be careful when choosing such products.

How to return an unsuitable product

• One of the first rules this list states that Not need to hurry cut off the tag from the purchased product even if it interferes (for example, trying on an item). It will be very difficult to return an item with a cut off tag, since the store administration is unlikely to agree to such an operation. After all, they may quite reasonably suspect that the tag has been torn off, since the item (if we are talking about clothing) has already been worn for some time. Therefore, the presence of a tag is an extremely important factor.
• Second rule says that you can return a purchased product within two weeks starting from the day it was purchased. During this period of time, the buyer can calmly receive his money, or exchange the product for a similar one. It is necessary to pay attention to the following circumstance: some retail outlets post an advertisement that states that in this store returns occur only at a certain time. In order not to get into conflict with the administration and not spoil your nerves, it is better to find out in advance whether a particular store (where the return will actually be made) has a similar practice.
• The third rule is short - check. Most people who make purchases are well aware of the simple fact that if it is necessary to exchange goods or return money spent, having a sales receipt is extremely important. However, even if this document is lost, the buyer can get his money back. So, for example, Article 25 of the law “On the Protection of Consumer Rights” states that: “The absence or loss of a cash document confirming the fact of purchase does not deprive a citizen of the right to return his funds based on the testimony of witnesses.” In other words, the work of collecting evidence that the product was purchased in a specific store falls on the shoulders of the citizen. On the other hand, if that day the buyer was shopping with friends, and the administrator of the outlet is quite loyal, there is a high chance that the money will be returned.
• Rule number four - passport. The buyer who decides to return the goods must remember that without the main document confirming his identity, it is impossible to complete this operation. The fact is that when writing an application for the need for a refund, you need your passport data. In addition, this paper must indicate the “reason for return”; this could be something standard, for example: “The item did not match in color or size.”
• And the last fifth rule- Bank card. If the transaction was settled using a credit card, you must take it with you. Since in case of a successful return, the money will be credited by bank transfer. The administration of the retail outlet will attach the card to the terminal and transfer funds to it within 14 days. If the payment was made in cash, then they will be returned immediately.

The buyer has the right to make claims regarding the quality of the goods during the entire warranty period or shelf life. If such deadlines are not established, then the goods can be returned within a reasonable time frame established by the Law (within 2 years from the date of purchase). Items of good quality can be returned for return only within 14 days from the date of purchase, not counting the first day. This period can only be extended by court if it is proven that the buyer did not actually have the opportunity to submit an application (for example, if he was in the hospital). If you have made a demand for replacement, repair of a defective product or refund of the amount paid for it, your demands must be fulfilled within 10 working days. This period may be extended by agreement of the parties or in case of appointment of an examination.

How to return an item to the store if it doesn't suit you?

The article deals with the rights of the consumer and the responsibilities of the seller. Also here we consider in more detail the question of how the buyer will be able to return a product that does not fit on time to the retail outlet.
Content

• How is the procedure for returning a purchased product for personal reasons (color, size not suitable)?
• Does the buyer always have the right to return products that are not suitable for him?
• List of items that cannot be returned or exchanged under any circumstances

How is the procedure for returning a purchased product for personal reasons (color, size not suitable)? The buyer in our time must know some rules that will allow him, if necessary, to return the goods to the seller without entering into a serious confrontation.

Returning a product that does not meet the technical specifications

An official response is usually issued after consideration of your written complaint; the period for issuing a response (consideration of a claim or buyer's application) is no more than 10 days. Can I return an item purchased on sale? Very often during sales and discounts in stores you can find announcements: discounted goods purchased on promotion cannot be returned or exchanged / goods purchased on sale cannot be returned or exchanged.

However, such an announcement is a marketing ploy - the store in this case misleads the buyer by providing false information. The law does NOT provide for restrictions on returns and exchanges of goods purchased on sale.

Therefore, if the buyer is not satisfied with the product purchased during the promotion, the consumer has the right to take the product back to the store / exchange or return it.

you bought a quality product, but it didn’t suit you

However, the law contains a reference to a specific group of goods that cannot be returned or exchanged unless a special examination is carried out confirming the presence of defects (this mainly applies to technical products). Such products include cosmetics, computers and underwear.
It may be difficult for a buyer to return a product that he is not satisfied with, since the administration of many retail outlets is very reluctant to return money or exchange defective products. Therefore, in order to solve this problem, you need to know and be able to use your rights, which are set out in the legislative act “On the Protection of Consumer Rights”.
It sets out in detail all the points governing the obligations of the seller, as well as the rights that the buyer has to return, replace or repair the goods.

How to file a claim for a refund for an item that did not fit?

The consumer has the right to exchange and return the goods subject to the following conditions: the purchased item has not been used, its presentation, consumer properties, seals, factory labels are preserved, there is a sales receipt or cash receipt or other document confirming payment for the specified goods. Returning a product that did not meet the technical specifications A few days later, the order arrived at the regional office. Upon receiving the order, I drew the attention of the storekeeper that the order indicated the Tama WV54-82A model code, and the office received the Tama WV54-82B model.
After consulting with another store manager (not the one who originally placed my order), he informed me that the WV54-82B thermostat is a complete analogue of the Tama WV54-82A and there is no need to worry about interchangeability.

I have a right!

How to return an item to the store? Relations between sellers and buyers, between suppliers and consumers of services are regulated by the Law “On the Protection of Consumer Rights” of February 7, 1992 (hereinafter referred to as the Law). According to the Law, it is possible to return a purchase to a store in two cases:

1. If the product turns out to be of poor quality.
2. If the product does not suit you due to some characteristics.

We return low-quality goods If the buyer purchased a low-quality product, in accordance with paragraph.

1 tbsp. 18 of the Law, he has the right to choose any of the following actions:

1. Request a replacement purchase:

— For a product of the same brand or model without any additional payment, even if the price of the product has changed over time; — For a product of a different brand or model with an appropriate surcharge or refund.

Purchase returns. How and what goods can be returned to the seller?

An exchange is carried out if the product has not been used, its presentation, consumer properties, seals, factory labels are preserved, and there is also a sales receipt or cash receipt or other document confirming payment for the specified product. Therefore, when you come home with a purchase, you don’t need to immediately tear off all the labels, protective films, tear the packaging, etc.

Info

Because If you bring a product to the store that shows that it has already been used, the seller will refuse to exchange you and will be absolutely right. Don’t be upset if you don’t have a receipt - the law allows you to refer to the testimony of witnesses in the absence of documents confirming payment.

There is one exception - this is a list of goods that you cannot exchange (if these goods are of proper quality) under any circumstances, even if their presentation is completely preserved.
TehReg.RUTechnical regulations of the Russian Federation Confirmation of product conformity<<<= Вернуться на страницу ЗАЩИТА ПРАВ ПОТРЕБИТЕЛЕЙ ТОВАР НЕ ПОДОШЁЛ — МОЖНО ВЕРНУТЬ ТОВАР В МАГАЗИН Здесь может быть Ваш баннер или рекламная ссылка!Цена — всего 300 рублей — за месяц размещения!Только целевые клиенты! — ПРАЙС — размещение рекламы на сайте Часто бывает так — человек купил обувь или одежду, а дома оказывается, при тщательной примерке, что они малы или велики — что делать в такой ситуации? Если купленный товар не подошёл — можно ли вернуть в магазин? Вы купили товар, но он Вам не подошёл — можно ли вернуть его продавцу или обменять товар? Ответ на данный вопрос содержит ЗАКОН О ЗАЩИТЕ ПРАВ ПОТРЕБИТЕЛЕЙ — а именно Глава II.

Attention

It must be of proper type and quality, all labels and seals must be preserved on it. When returning goods of proper quality, the buyer can proceed as follows:

1. Exchange the product for a similar one;
2. If the product is unavailable, enter into an agreement with the seller for a replacement at the time of new arrival;
3. If exchange is not possible, refuse the purchase and sale transaction, demanding a refund.

In the case of returning a quality product, the priority of the seller will apply, not the buyer. First of all (if possible), it is advisable to exchange the purchase.

And only if such a solution is impossible, can the goods be returned.

Is it possible to return a product if it does not meet the technical specifications?

The author reveals a lot of little things about how to behave with the seller. We recommend video #2: story with lawyer M.E. Timokhin on the Leningrad Internet TV channel, where the lawyer answers questions in detail and interestingly: how to return the goods, how the buyer should behave, etc.
Procedure for returning to the seller (documents, return periods) To return your purchase to the seller, you will need the following documents:

1. A receipt or other document confirming the fact of purchase at this outlet;
2. In the absence of a document - other evidence, including witness statements;
3. Application in simple written form;
4. A document proving your identity.

The buyer of a low-quality product can, at his choice, file a claim both with the store where the purchase was made, and directly with the manufacturer.
Does the buyer always have the right to return products that are not suitable for him? Unfortunately, in our country, the trading culture in most cases does not allow the buyer to calmly return a product that does not suit him. Sellers and administration of retail outlets are not at all eager to carry out such operations.
However, controversial situations can be resolved using the law that protects consumer rights. It is he who fully explains what rights the buyer has to return or replace the purchased product.
It also outlines the responsibilities of the seller towards consumers.