Every day, we make a variety of purchases, including not only products, but also consumer goods , clothing, footwear , household and office equipment, vehicles and furniture. Getting the goods , we plan to use them to their destination for a long time , and we hope not in vain to spend their money . But, unfortunately , there is always the likelihood of buy substandard or defective goods , from which no one is immune . What should I do in this situation? How to make a claim for defective goods ?
A little bit about what a "Claim"
Any consumer has the right to defend their interests and defend their rights, if he considers that they have been violated. The acquisition of low-quality goods - is not nothing but a violation of consumer rights. So, we need to make a claim to suppliers of defective goods and poor quality of service provided. It must be done in writing - it is a prerequisite. Since the unified form for writing a claim is not provided, it is possible to make in any form. This has its pluses and minu
What is the right to require the consumer?
Forming a claim , the customer can specify their demands on the goods purchased . Someone wants his money back , while others prefer to replace the goods. What exactly may require the buyer , who became the owner of low-quality goods ? In accordance with Article 18 of the Law "On Protection of Consumer Rights" , you can :
- require replacement for the same, but a quality product;
- demand the return value of the goods and receive defective items back to the store (ie, termination of the contract of sale);
- demand to reduce the cost of goods because of its poor quality;
- require replacement goods in a model from another brand to the conversion value;
- require the repair of the goods (if it can be repaired) or refund your repair costs (if you have already made).
How to make a claim?
Claim can be handwritten or typed on the computer and print.
- To whom and by whom.In the upper right corner of the need to write , to whom it is addressed to the claim . This can be a name ( shop name ) and last name and patronymic name of director , manager or an individual entrepreneur . After specifying the destination to write the source of the complaint - your last name , first name and, of course , contact information, home address , telephone number , email address ( they are necessary to the supplier of goods or services was able to contact you ) .
- We formulate the problem.After the "cap" is written in the middle of the page write the word "claim" and set out the essence of the problem. It is very important to clearly and briefly articulate what exactly is a violation of your rights of the buyer. Choose when, where and under what circumstances you purchased defective product, as it is worth, list the supporting documents (claims will need to make copies of them), and if there are no documents, since the product was purchased on the market, it will be enough to buy the testimony of two witnesses (it is also necessary to specify). Describe the problem occurs in which the blame for a defective product (for example, a washing machine does not drain, hair dryer overheats and turns off in the car do not work any electronic devices, etc.). If you have a problem supporting documents, they too should be included in the claim. These documents include acts of independent expertise, to enter into a service center, information from traffic police, the management company or the trauma center (if you or other people have suffered due to a malfunction of the goods).
- Requirements.Once the problem is described in detail, you should specify their demands on the low-quality goods.
- The accompanying documents.Under their requirements must also list all the attached documents , which confirm the purchase of goods from a particular seller : Checks (cash , commodity ) , invoices, warranty cards , data sheets and more. You can return the goods even without cash receipt , he may replace the witness , who must confirm the fact of this purchase . It claims to make better copies of these documents as originals may be needed in court ( if it comes to trial ) .
- Timing.Those who claim is made must consider it within thirty days (this is the maximum term , but for specific product groups may provide other terms ), and give the applicant an answer about the claims filed .
- Date, signature.After all clearly set out, you need to put a claim his signature and full name (without the document will be considered anonymous and by law can not be seen), and the date of the document.
Replacement during repair
There is another important point : if the buyer contact the seller with the requirement to repair the defective goods, the seller is legally obliged within three days to provide the consumer at the time of repair similar goods . The seller did not forget about their responsibilities , it is also possible to specify in the claim , referring to the Russian Federation Government Resolution №55. But it is worth remembering that this rule does not apply to all products . The exceptions are :
- Firearms (official and civil).
- Cars, motorcycles, trailers, and other number units, boats, catamarans, other than similar products intended for people with disabilities.
- Household appliances, which are used for medical purposes or toilet: heating pads, elektropledy, electric blankets, electric shavers, hair dryers, hair curlers, reflectors.
- Household electrical appliances used for thermal processing of food: microwave ovens, toasters, grills, electric kettles, heaters, boilers.
If you are bringing someone complaint about faulty goods, there are several important points to keep in mind:
- a claim it is necessary to remove a photocopy (original documents and it will be useful for the court), it is better if a copy of the document will be included registration number of the organization-seller;
- the user can send a complaint by e-mail or give the retailer himself (in the latter case, you should contact the supervisor or person authorized to accept such documents , and failure to accept the claim, the claimant is entitled to draw up the statement in the presence of two witnesses along with their contact information and contact court) ;
- mailing should be made by registered or securities (in this case need to inventory) letter with acknowledgment of receipt (if you would confirm that your claim has reached the destination);
- seller may fully or partially meet the demands of the consumer or refuse ; in any case, the representative of the seller must notify the applicant of the decision and the failure has to do this in writing in the form of a resolution in the claim or in a separate document ;
- If after thirty days ( the maximum period prescribed by law ) any response to a claim or received no formal reply without a specific decision , the consumer may file a complaint to the Federal Service with copies of the claims and other documents , as well as appeal to the court .
Becoming the owner of poor-quality goods, do not expect that the problem will be solved by itself, and we must act to protect their interests.