Each time, when purchasing any goods and services, a person hopes that all of them will be of proper quality. However, no one is safe from a purchase that does not meet the requirements. Of course, the question arises of what to do in this case. This is what will be considered in the material of this article.
Purchase returns
Law and legal activity are aimed at meeting the needs of the buyer. Therefore, if any shortcomings of the purchased item are found, then it can be returned back to the seller. Of course, all of the above is true if certain conditions are met (for example, the warranty period has not expired ).
Classification
As a rule, everyone is familiar with the procedure for returning or exchanging goods , albeit to varying degrees. However, most buyers do not have some knowledge that would allow them to get a complete picture of their rights. Consider what are the disadvantages of the product. The most general classification distinguishes two main categories: essential and simple. Since the second category includes all kinds of defects that do not fall under the description of the first category, it is quite logical to find out what signs determine the inadequate quality of the product.
Significant disadvantages of the goods
Defects belonging to this group, as a rule, are part of one of the following five points.
- Disadvantages, the elimination of which is impossible without significant costs of material resources and time.
- A flaw that manifests itself even after an attempt to correct it.
- Repeatedly found defects.
- Deficiencies that cannot be eliminated.
- All other similar faults.
Thus, the definition of the concept of “significant defects of the goods” has the following form: defects and malfunctions, the presence of which makes unacceptable or impossible the normal operation of the product (including work or the service provided) depending on the intended purpose, as well as defects that cannot be corrected, due to which the consumer cannot possess what he is entitled to rely on after concluding an agreement. In addition, regulatory documents also provide for the term "tolerance". This concept is another indicator of product quality. The deviation value may be considered permissible if the characteristics of the goods do not exceed the limits specified in the accompanying regulatory documentation. Nevertheless, if any indicator goes beyond the established framework, then they indicate a defect.
Technically sophisticated products
This category includes all kinds of vehicles, household and agricultural equipment, computer equipment. In the event that you have purchased a product belonging to this category, and within fifteen days from the date of purchase you have discovered any significant defects of the goods, then you have every right to return it to the seller. It is important to note that there is also the possibility of exchanging low-quality products for serviceable products. However, no one excludes the possibility of detecting any defects after the expiration of the above period. In such situations, the current legislation of the considered state provides for the following options.
1. Refund or exchange
Replacing goods of inadequate quality or restoring the money spent on their purchase is carried out throughout the warranty period. However, certain conditions must be met. We list some of them.
- A significant disadvantage of a technically complex product that is unrecoverable or reappears even after an attempt to repair. In addition, such defects are traditionally referred to this category, the elimination of which requires significant material and temporary investments.
- Products with a defect were in the possession of a sales representative who undertook to remove the defect, but violated the pre-agreed deadlines for eliminating defects in the goods. It should be noted that this condition also applies to repair organizations that have concluded a contract with the seller.
- The product cannot be used by the buyer for more than 30 days (in total) every year during the established warranty period in connection with attempts to eliminate defects in the product.
2. Repair
A significant disadvantage of a technically complex product can be eliminated by mutual agreement of the parties at the expense of the seller or the buyer. A prerequisite is the provision of a document confirming all expenses incurred for repairs.
3. Cost reduction
Such an event is rarely done, but it still has a place to be. After concluding a special agreement between the parties, a decision may be made to reduce the purchase price of the product in the amount of the previously agreed amount.
Flaw detection
Modern people are often quite knowledgeable about their rights. Therefore, as soon as significant shortcomings of the goods purchased by him are discovered, the consumer immediately lays claims to the seller. Currently, the entire operation period is conditionally divided into four time periods.
- 15 days from the date of transfer of the products in question to the buyer.
- The period of time is from 15 days to the period until the warranty on the goods expires.
- After the end of the above period of time.
- A special point should be considered when the warranty period is not provided by the company. With this combination of circumstances, the consumer needs to know that he has the right to exchange and return defective goods within two years from the moment he received it from the seller. Let us consider in more detail what to do in cases where the detection of a significant shortage of goods occurred in each of the previously described time intervals.
1. No more than 15 days
In the event that you find any significant flaw, then you have every right to: refuse the goods of inadequate quality and the subsequent return of the money spent; exchange for an equivalent analogue or product of another model; decrease in the cost of production; as well as the implementation of complete and immediate repairs made at the expense of the seller. In addition, if during operation due to the considered deficiency the damage was caused, it is necessary to demand reimbursement of expenses.
2. During the warranty period
Such a period of time has its own characteristics. All the requirements listed above can be applied to the category in question only if the following conditions are met:
- The company acting as the seller does not comply with the repair deadlines specified in the documentation entitled "Defective Goods Act".
- Products have a significant drawback.
- The buyer can not use the purchased product for more than thirty days (total) in each year.
3. After the term of operation
In the event that the warranty on the product has expired, then most of the consumer’s rights are voided. Nevertheless, there are options according to which, even after the expiration of the specified period, the buyer may set certain requirements. For example, if the warranty period is no more than two years, then the consumer has the right to contact service centers during the above period. However, there is one important criterion. In the event of a request, the buyer must independently (at his own expense, if necessary) prove the fact that a shortage of the purchased goods was formed before the products were transferred from the seller to the consumer, for reasons that arose up to the specified time. Most often in such cases, it is necessary to rely on a conclusion drawn up by an authorized employee of an expert company.
4. Warranty period unknown
Currently, there are frequent cases when the term of operation, during which the goods are subject to service, cannot be established. It must be remembered that the consumer still has the right to make claims and claims within two years from the date of transfer of the goods. The indicated period may be extended if there is a corresponding clause of the current legislation or a separate agreement. It should also be noted that within this category there is a condition according to which the consumer must independently prove that the reason, and then the defect that appeared as a result of it, arose before the moment of transfer of the goods.
Repair: execution conditions
As mentioned earlier, there are several options for resolving a conflict that arises between a buyer and a seller when a significant shortage of a product is discovered. One of them is the repair of products. The first option assumes that, according to the current legislation, the timing of such events can be determined by written agreements and agreements. However, it should be borne in mind that these periods should be no more than 45 days. It is allowed to draw up agreements in any form, however, it is necessary to indicate the details and contact details of the buyer and seller; the name of the product (including the article number, model, serial number, as well as any other identification signs) and, of course, the deadlines. Like any other document linking several companies or individuals, it must be endorsed by both parties. In the event that the seller has violated the above agreement, the consumer has every reason to make claims regarding the replacement of low-quality goods or the reimbursement of money spent on its purchase. The second option says that in the absence of any agreement between the buyer and seller, repair work must be carried out in the shortest possible time. Reference data on the time of the above events (as well as the relevant certificates) can be obtained from service workshops and service centers that are not directly related to the seller and are not dependent on him.
How and where to find the data of interest?
The warranty validity period can be found by carefully studying the coupon itself or any other documents attached to the product in question. You must also know that the beginning of the period of operation to be serviced begins mainly from the moment of transfer of the goods in question to the consumer.