What to do if you purchased a low-quality product. What to do if the purchased products turn out to be of poor quality? Memo to consumers when purchasing food products
And they refuse him? Which side is the truth on?
The only buyer who is always right is the one who has knowledge of the law"On the protection of consumer rights."
In Russia it is they who are mostly regulated buyer-seller relationship goods of various categories. Information about the contents of this extremely important document for each of us can save time, nerves and money.
It is worth mentioning separately about food products. We buy them more than others, therefore, the risk of encountering a situation where the purchase for one reason or another needs to be returned is higher. Do we have this, in what situations and how to do it?
In what cases is it possible?
Many people ask the question: Is it possible to return food products of proper quality? And are there any products that cannot be returned?
Based on Articles No. 492 of the Civil Code of Russia and No. 2 of the Federal Law “On the Fundamentals of State Regulation of Trade Activities in the Russian Federation”, the seller must transfer as food, fit for human consumption.
The buyer, in accordance with the law “On Protection of Consumer Rights”, can issue refusal to purchase, if it is discovered that the product is of inadequate quality. A product is considered to be of poor quality for objective reasons. unusable for its intended purpose.
For food group objective reasons may be:
Such foods returnable back to the store, and the buyer will be right under the law.
- change product for a similar one;
- return money in full;
- reduce cost, if the buyer is ready to use the product further.
If the product has already caused harm to the consumer’s health, then he has the right to demand compensation for losses. This will most likely have to be done through. The main thing in this case is not to lie and not to sacrifice yourself by using spoiled product knowing the consequences.
The law is on the buyer's side only when he suffers unknowingly. It states that the consumer is not obliged to understand the information on the product packaging and generally be aware of its properties.
This part of the law works, for example, if the product information states its hypoallergenic, but it still causes an allergic reaction in a person, or if the composition does not indicate any of the substances, which also adversely affects the consumer's well-being.
Article 492 of the Civil Code of the Russian Federation. Retail sales agreement
- Under a retail purchase and sale agreement, the seller, engaged in business activities of selling goods at retail, undertakes to transfer to the buyer goods intended for personal, family, home or other use not related to business activities.
- A retail purchase and sale agreement is a public contract (Article 426).
- Relations under a retail purchase and sale agreement with the participation of a citizen buyer that are not regulated by this Code are subject to laws on the protection of consumer rights and other legal acts adopted in accordance with them.
With proper quality
There are some products that cannot be returned to the store if they are high quality, and all claims are subjective. Food included in this list. Even if the purchase has just been made and they decide to cancel it without leaving the checkout.
Once the receipt has been knocked out, the return of food products of proper quality is impossible under the law. If the consumer thinks that the product is of poor quality, but there is no evidence, in addition to personal feelings, it will have to be carried out, otherwise the exchange of food products of proper quality cannot be made.
Evidence that the buyer is right
Proof The information indicated on the product packaging may serve.
Few sellers will argue that June 20 has already passed if at the time of purchase it is June 22 of the same year.
Particularly useful in this case, a receipt indicating the date of purchase and the name of the product with the article number.
In case all the listed methods do not work, or the buyer only refers to personal feelings(you don’t like the smell, the taste seems suspicious), then it is necessary to conduct an examination of the product. If the examination confirms unsatisfactory quality product, the buyer will be able to demand reimbursement of the cost and even compensation of costs through the court.
Documentation of the claim
The return claim must be submitted before the expiration date goods. With the food group, this condition is more difficult to fulfill, because most often they complain about already expired.
You can prepare such a document by hand or on a computer. The registration procedure is as follows.
In the upper right corner you need to indicate to whom this claim is addressed. Can be used name of shop or full transcript Full name of its manager. Then you need to indicate who is sending. In addition to the full name, the consumer leaves your contact details: personal telephone number, home address and, if necessary, email address.
In the center of the page under the “header” you need to write the word "Claim", and from a new line - briefly and clearly state the essence of what happened. It is necessary to indicate which product, where and when it was purchased, for what price. Explain why he should be accepted back, that is, talk about defects. It is better to refer to the law here and formulate what it is rights violation buyer.
If there is proof of purchase documentation, you need to list them.
They are also required to be copied and attached to the claim as applications.
This is also worth writing about. If there witnesses purchases, I must say about this.
After a detailed description of the problem, you should indicate your requirements: about the complete or partial replacement of one product with another.
The claim must be considered within maximum of a month. You can specify something else in the text, but not less than one week.
At the very end of the document, for it to be considered valid, you need to put your signature, indicate the last name and date of registration of the claim.
Required on all pages make a copy and keep it for yourself.
Give the original letter and copies of checks or invoices attached to it to the store manager or other authorized person, or send it by mail to a valuable by letter with notification about delivery.
If an application is refused, the consumer may draw up an act of violation of rights, enlist the support of two witnesses, not forgetting to indicate their contact information, and submit the materials to the court.
The seller will either satisfy the requirements partially or fully, or refuse to satisfy. About any of his decisions he must notify applicant.
If in a maximum of thirty days there will be no response or the buyer will be given a reply without a clear decision, you can safely contact Rospotrebnadzor or the Society for the Protection of Consumer Rights. The case will most likely be resolved in court.
If there is no receipt when returning food products of inadequate quality
The law is on your side here honest consumers. If the buyer does not have a receipt, but has a claim regarding the quality of the food product, satisfaction of his demand is still possible. But for this will have to prove that the product was actually purchased in a certain place with existing defects.
They can help witnesses, if suddenly there is an opportunity to contact them: for example, if a buyer came to the store with friends. On surveillance cameras there's no point in counting, because until the fact of purchase is proven, no one is obliged to share the records.
Also, to prove that he is right, the consumer can ask for article identification and other data on the product indicated on the product packaging and in store invoices.
Thus, returning food products of inadequate quality is not an easy procedure and strictly limited by law.
You can count on the compliance of sellers, but it’s better to rely on yourself and knowledge of your rights. As a last resort, it should be remembered that serious organizations, such as Rospotrebnadzor, Sanitary and Epidemiological Station, OZPP and others.
Any consumer should be careful when making a purchase and carefully check the quality of the selected product even before it reaches the checkout. You need to pay attention to the labeling of the product, its appearance, taste, color and smell - if the product is intended for food.
Saving a receipt - guarantee of peace in case of an unpleasant need to return the goods. Preventing a problem is much easier than trying to solve it.
We are all consumers, making daily purchases in supermarkets or purchasing household appliances, doing repairs by contractors, repairing a car, etc.
When the rights of us, consumers, are violated, we sometimes do not know where to turn.
Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
If you want to know how to solve exactly your problem - contact the online consultant form on the right or call free consultation:
Where to complain?
Situations in which you need to protect your rights yourself, very different things can happen. This could be stale products, lack of labeling on the product, or incorrect sellers. You can detect unauthorized trading from a machine, from boxes.
When trying to return an item purchased less than two weeks ago, they refuse to accept it, exchange it or return your money, coming up with some arguments. It's worth knowing where to go.
Sold low-quality goods
If a product is sold of inadequate quality, then complaints must be written to Rospotrebnadzor and act in accordance with the articles of the Law “On the Protection of Consumer Rights”.
If you were rude
First, there is a reason to contact the immediate boss or owner of the outlet, if the request is ignored or if the owner himself is rude, you need address complaints to the chain store hotline or to Rospotrebnadzor.
Refusal to return or exchange goods
If you refuse to accept a return or exchange a purchase for another product, you can send a complaint to the consumer protection society or Rospotrebnadzor.
Both the consumer rights protection society and the Ropotrebnadzor department should choose a territorial reference. Those who dare to fight for their rights by writing complaints need to remember that anonymous messages or those without complete data of the citizen who applied will not be taken into account. It is important to coordinate all your actions with the articles of the Law of the Russian Federation of February 7, 1992 N 2300-I “On the Protection of Consumer Rights”.
Every adult Russian at least once in his life has encountered a problem when the purchased product does not meet the declared qualities, and the seller refuses to return the money, shifting responsibility for the defects to the manufacturer or buyer. In the Russian market, flooded with counterfeit, defective or simply low-quality goods, such situations occur all the time. At the same time, unscrupulous sellers, taking advantage of the low legal literacy of the population, often manage to evade responsibility.
Legal instructions on what to do if you bought a low-quality product will help you save time and get your money back.
Demand compliance with the law “On Protection of Consumer Rights”
The motivation of a seller who refuses to accept a low-quality product is easy to understand - no one wants to lose money. Therefore, be prepared for the fact that when arguing for his actions, the seller will resort to tricks, refer to non-existent articles of the law, or simply play for time, hoping that the angry buyer will spit on everything and leave the store “empty-handed.” Therefore, it is worth remembering that, at the buyer’s request, the seller is obliged to provide not only the complaint book, but also the text of the law “On the Protection of Consumer Rights” dated 02/07/1992 N 2300-1, Article 18 of which regulates the procedure for terminating the purchase and sale agreement.
If you purchase a low-quality product on the basis of this article, you have the right to return it to the seller in exchange for the money paid or a similar but serviceable product. If a product has a warranty period, it can be returned within the warranty period. The seller is responsible for defects in the goods during this period unless he proves that they arose after the goods were transferred to you and due to violation of the operating rules (clause 6 of Article 18 of the Law).
The claim must be in writing
To terminate the contract and return the funds, you should first contact the seller with a claim, which is written in free form indicating: full name, address of the applicant, identified defects in the goods and a request to terminate the sales contract and return the money paid.
Things are a little different with technically complex goods - cars, computer equipment, mobile gadgets, etc. After the expiration of the 15-day period, they can be returned only in certain cases: if significant defects in the goods are discovered; in case of violation by the seller of the legal deadlines for eliminating defects; if it is impossible to use the product for a total of more than 30 days a year due to repeated elimination of various deficiencies (clause 1 of Article 18 of the Law of 02/07/1992 N 2300-1). Typically, these deficiencies are determined by an examination paid for by the seller, which you have the right to attend.
The seller must accept your claim and defective goods, put the incoming number and date of receipt, as well as a note indicating the return of the goods (if the goods were returned when a claim was made). If you refuse to accept the claim, you should send it by registered or certified mail with a list of the contents or by telegram with a certified text and return receipt requested. The period for responding to a claim and returning money paid for a defective product is 10 days from the date of presentation of the claim (Article 22 of the Law).
You can return a defective product without a receipt.
Very often, a product malfunction is discovered when the sales receipt has already been lost. However, this is not a reason to refuse the consumer satisfaction of his legal requirements. The fact of purchase can also be proven with the help of witness testimony (paragraph 3, paragraph 1, article 25 of the Law of 02/07/1992 N 2300-1). If you made a purchase alone, you can request to view recordings from video cameras, which in almost all stores are located in front of the cash registers. Your persistence and knowledge of the laws will unpleasantly surprise an unscrupulous seller, who will be forced to meet you.
Even faulty goods can be returned within 15 days
Purchases in stores are often made impulsively, in a hurry or under the influence of strong emotions, when the voice of reason is drowned out by the cry of the soul. In this condition, you can buy a product that you don’t really need, that doesn’t suit the color, size, style or configuration. The law allows 14 days, not counting the day of purchase, to come to your senses and soberly assess the need for the purchase. During this period, things that do not show signs of use can be returned to the store with virtually no explanation (clause 1, article 25 of the Law of 02/07/1992 N 2300-1).
However, this rule does not apply to all types of goods. Exceptions include medical supplies and personal hygiene items; perfumery and cosmetic products; goods sold by the meter; linen, hosiery; plastic dishes; household chemicals, fertilizers; furniture; products made of precious metals, with precious stones, semi-precious and synthetic stones, cut precious stones; electronics, household appliances; weapons, main parts of firearms, cartridges; animals and plants; non-periodical publications (books, maps, notes, etc.) on paper and digital media, food products of good quality and technically complex goods.
When should you file a lawsuit?
If the seller ignored all your demands - refused to return or exchange the goods, or simply left your claim unanswered, you should apply to a court of general jurisdiction with a claim for termination of the contract and recovery of money. This can be done both at your place of residence and at the location of the seller. In addition to claims for the return of money paid for low-quality goods, you can additionally demand compensation for losses caused in connection with the sale of low-quality goods (Clause 1 of Article 18 of the Law), and also, if the deadlines for response and return of money are violated, you have the right additionally collect from the seller a penalty in the amount of one percent of the price of the goods for each day of delay (clause 1 of Article 23 of the Law).
In addition, if the seller did not voluntarily satisfy a justified claim, the court shall collect from the seller in favor of the buyer a fine in the amount of 50 percent of the amount awarded by the court in favor of the buyer.
As you can see, losses for the seller, depending on the cost of a low-quality product in the event of a lawsuit, can be very impressive, so often the threat of going to court is enough to trigger a legal mechanism for returning money.
Be persistent and reasoned, this will allow you to protect your consumer rights and punish an unscrupulous seller.
Based on materials from the website "Profkulturarb"
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REMINDER TO CONSUMERS
IF YOU HAVE PURCHASED POOR-QUALITY FOOD PRODUCTS
What food products are recognized as low-quality, dangerous and cannot be sold, disposed of or destroyed? In accordance with the Federal Law of January 2, 2000. No. 29-FZ “On the quality and safety of food products” food products that:
Do not comply with the requirements of regulatory documents;
They have obvious signs of poor quality that do not raise doubts among representatives of bodies exercising state supervision in the field of ensuring the quality and safety of food products (hereinafter referred to as state supervision bodies) when checking such products, materials and products;
Do not correspond to the information provided and in respect of which there is reasonable suspicion of their falsification;
Do not have established expiration dates (for food products, materials and products for which the establishment of expiration dates is mandatory) or whose expiration dates have expired;
They do not have markings containing information required by law or state standards, or for which such information is not available.
What information about the product should the seller convey to the consumer?
In accordance with Art. 10 of the Law and GOST R 51074-2003 “Food products. Information for consumers”, the seller is obliged to bring to the attention of the consumer the necessary and reliable information about the goods, ensuring the possibility of their correct choice, namely:
Product name;
Variety (if available);
Manufacturer's name and location;
Manufacturer's trademark (if available);
Net weight, or volume, or quantity;
Product composition (except for products consisting of 1 ingredient);
Food additives, biologically active food additives, ingredients of non-traditional products;
The nutritional value;
Date of manufacture and date of packaging;
Storage conditions;
Best before date;
Designation of the document in accordance with which the goods are manufactured and can be identified;
Information on confirmation of conformity;
Thermal state (chilled, frozen); packed under vacuum (if there is a vacuum in the package);
Purpose and conditions of use for baby and dietary food products, dietary supplements;
Consumer rights when detecting the sale of low-quality food products. In accordance with Art. 18 of the Law of the Russian Federation “On the Protection of Consumer Rights” (hereinafter referred to as the Law), Art. 503 of the Civil Code of the Russian Federation, in case of detection of a defect in the goods, the buyer has the right, at his choice, to demand:
Replacing a defective product with a product of good quality;
A proportionate reduction in the purchase price;
Instead of presenting the above requirements, the buyer has the right to refuse to fulfill the retail purchase and sale agreement and demand a refund of the amount paid for the goods.
In case of refusal to execute a retail purchase and sale agreement with a requirement to return the amount paid for the goods, the buyer, at the request of the seller and at his expense, must return the received goods of inadequate quality.
When returning to the buyer the amount paid for the goods, the seller does not have the right to deduct from it the amount by which the value of the goods has decreased due to full or partial use of the goods, loss of their presentation, etc.
A retail purchase and sale agreement is considered concluded in proper form from the moment the seller issues a cash receipt or sales receipt or other document confirming payment for the goods to the buyer. The absence of the specified documents from the buyer does not deprive:
his ability to refer to witness testimony in support of the conclusion of the contract.
What to do if you buy low-quality products?
It is necessary to contact the seller with a written claim, drawn up in 2 copies, in which one of the legal requirements must be clearly formulated.
The claim must indicate the name of the product, manufacturer, date of manufacture and packaging, grade, expiration date, net weight, thermal state (chilled, frozen) and other distinctive features of the product indicated on the label. One copy of the claim must be handed to the seller (the legal representative of a legal entity, an individual entrepreneur, or a person authorized to accept the claim), or sent by mail with a return receipt. In cases of personal delivery of the claim, on the second copy the seller must indicate the date, position, FULL NAME. the person who accepted the claim.
Important! The consumer has the right to make claims about defects in the product during the shelf life. It is advisable to carry out an examination of food products only if the consumer container (packaging) is not damaged, because otherwise, it is impossible to prove that the reason for the decrease in quality is the fault of the manufacturer or seller. Therefore, when contacting a manufacturer, seller, or regulatory authorities with a complaint about the quality of food products, it is necessary to indicate: manufacturer, name of the product, grade, net weight or volume in consumer packaging, date of manufacture and packaging and other distinctive features of the product. select food products for examination in accordance with the requirements of regulatory documents.
If the seller refuses to satisfy the requirements stated in the complaint, the consumer has the right to voluntarily go to court at his choice: at the location of the organization, at the place of residence or stay of the consumer, or at the place of conclusion or execution of the contract.
Consumer Dictionary:
Consumer is a citizen who intends to order or purchase, or who orders, purchases or uses goods (work, services) exclusively for personal, family, household and other needs not related to business activities.
The seller is an organization, regardless of its organizational and legal form, as well as an individual entrepreneur who sells goods to consumers under a sales contract.
The quality of food products is a set of characteristics of food products that can satisfy human needs for food under normal conditions of their use.
Food safety is a state of reasonable confidence that food products, under normal conditions of use, are not harmful and do not pose a risk to the health of present and future generations.
Regulatory documents - state standards, sanitary and veterinary rules and norms that establish requirements for the quality and safety of food products, materials and products, control over their quality and safety, conditions for their production, storage, transportation, sale and use, disposal or destruction of low-quality ones, hazardous food products, materials and products.
Technical documents are documents in accordance with which the production, storage, transportation and sale of food products, materials and products are carried out (technical conditions, technological instructions, recipes and others).
Shelf life is the period after which a food product is considered unsuitable for its intended use.
How to return a quality product that simply doesn't fit?
No way. Food products are included in the list of goods that are not subject to exchange or return. That is, if you bought refined oil and were going to buy aromatic oil, then the store will not replace it for you.
How to return a defective product?
The seller is obliged to either replace it or compensate your losses. In order to return such a product, you must prove the fact of purchase and that the product is truly of poor quality. In some cases, you show that the expiration date has expired, present the receipt - and no problems. A conscientious seller will return your money or replace the product.
What to do if you don't have a receipt?
The absence of a receipt is not a reason for the seller to refuse a refund. But you must prove the fact of purchasing this damaged product at this particular outlet. Witnesses can help you, so it's better to go shopping with friends or stand in line next to your neighbors. But it’s better not to count on surveillance cameras: until you have proven the fact of purchase, the seller does not owe you anything and is not obliged to provide data from their cameras.
What if the seller does not admit that the product is of poor quality?
You can contact the laboratory of the Sanitary and Epidemiological Station and order an examination of the product. You need to do this at your own expense, but in the end you will be able to recover your losses from the seller along with the cost of the goods and compensation for moral damages.
Will the money be returned if the packaging of a low-quality product is opened?
In this case, you need to prove that you actually bought a low-quality product from the store, and did not damage it yourself. For example, they were stored incorrectly. Lawyer of the Society for the Protection of Consumer Rights Oleg Frolov said that over the many years of judicial practice of the society, the seller’s guilt in such cases has never been proven. Buyers found foreign objects in the products, for example, a mouse in a bag of nuts, worms in chocolate, a condom in baked goods... But the sellers accused the plaintiffs of acting on orders from competitors and trying to discredit the good names of the manufacturer and seller. And they planted the mice in the nuts themselves.
Will I get my money back for a low-quality product purchased at a promotional discount in a supermarket?
Poor quality goods must be returned in any case, regardless of discounts and promotions. You cannot demand a refund only if the seller warned you about the defect in advance. For example, if the packaging of a product is dented and it is for this reason that it is sold at a discount, you will not be able to return it due to defects in the packaging. But if after purchase other defects are discovered, you have the right to get your money back.
If the promotion sells goods that have already expired, then this is a violation of the legislation of the Russian Federation. Since the seller is obliged to provide customers with goods of appropriate quality and guarantee their safety.