A rare resident of modern Russia did not encounter such a common problem as the acquisition of low-quality goods or services. What to do in this case, what documents are needed in order to prove to the seller that he is right and make him return the money spent in vain? About all this - in our article.
The easiest way is to go to the store or to the company that provided the service and try to negotiate peacefully. But, unfortunately, this is possible only if the sellerโs reputation is really important and he does not want to risk it because of a conflict situation with the client.
In most cases, alas, the complaint on the quality of the goods, drawn up in writing and presented to the provider of the service or goods as an official document, becomes the optimal solution for the buyer. This is an intermediate stage between peace negotiations and going to court, which is designed to help the parties resolve mutual claims in a pre-trial manner. In fact, according to lawyers, this is the only adequate way to receive monetary compensation from the seller without lengthy procedures and payment of legal costs.
A claim on the quality of the goods drawn up competently and in accordance with some rules will help the buyer not only to resolve all existing disputed issues, but also to win the court if necessary.
In principle, this document is prepared in free form, but it is better to adhere to a certain sequence of presentation, making the written claim as similar as possible to an official document. If you are not a specialist in conducting business correspondence and are not strong in legal terms and language, you should contact a professional.
In most cases, a claim for the quality of the goods, the sample of which is very easy to find, can be made independently. Here are a few key points that must be present in it:
- Indication of the full name of the organization with which the conflict arose, as well as the data of the claimant. Usually this information is written in the upper right corner, as on standard applications.
- A detailed and clear description of the problem, indicating the date of purchase of the goods, check number, name of the purchased goods.
- The date of the initial appeal to the store or company and the result obtained during the attempt to resolve the conflict orally.
- Link to the Law on Consumer Protection with possible consequences for the seller.
- An indication of your appeal to independent experts (it is better to inform the supplier of the product or service that you have resorted to the establishment of the truth by third parties).
- Also, the quality claim may at the end contain a reference to the fact that in case of a non-timely resolution of the conflict or the sellerโs refusal to resolve disputed issues, you will prepare a statement of claim to the court.
When the document is completed, print it in at least two copies. This is necessary so that the seller, when accepting your claim, put on your copy a signature and a date, which in the future will indicate that he was aware of the occurrence of a conflict.
If your quality claim is left unattended, or the other side for some reason does not want to take it from you, you can go for a little trick. Send the document by mail, but be extremely careful when choosing the form of sending. The best option would be a letter with declared value and a list of investments. In this case, you can always easily prove that you sent a claim for the quality of the goods, and not any other document, which cannot be done if you send a registered or simple letter.