Almost all spheres of human activity today are regulated by the norms of legislative acts of a particular state. The Russian Federation in this matter is not an exception to the rule. Today in the Russian Federation there is a rather effective legislative system, the provisions of which coordinate the key issues of the existence of the population of the entire state. It should be noted that any normative act is just a form of expression of a more complex and extensive category, which is called law. It exists both in the form of “point-like” capabilities of a person, and in the provisions of extensive legal documents.
An excellent manifestation of law is consumer rights. This institution characterizes the capabilities of people in the process of interacting with the market to meet their own needs. Consumer rights inherently represent the individual capabilities of these stakeholders. But as we understand it, any rights may be violated or challenged by other persons. Therefore, the legislator, realizing the fact of the exceptional importance of the consumer in market conditions, has created certain regulatory frameworks that create a regime for protecting the key capabilities of such entities. An excellent example of protecting consumer rights is the provisions of article 25 of the Federal Law on the Protection of Consumer Rights, which is often used in court practice.
Features of a law institute
The Law of the Russian Federation "On Protection of Consumer Rights" is a normative, documentary manifestation of the institution of the same name. It, in turn, represents a whole range of methods and actual measures that are developed by the state in order to coordinate relations between the consumer and business entities. At the same time, the main feature of such relations is the goals according to which the consumer enters into interaction. The bottom line is that the institute extends its action only to those moments at which a person acquires goods in order to satisfy any personal needs, for example, household, etc. Otherwise, we cannot talk about the existence of consumer relations.
Of great importance are also directly the subjects of this interaction. The social department of consumers is the leading market participants, without which there would simply be no demand. Therefore, their capabilities and freedom of action must be constantly protected. Otherwise, the social department of consumers will stop moving the market with its demand.
Institute regulatory
The Law of the Russian Federation “On the Protection of Consumer Rights” is a key regulatory act, the provisions of which regulate relations in the mentioned sphere of human activity. In the vertical of regulation, this NLA is the key. At the same time, the norms of federal law are system-forming, that is, in most cases they contain references to other state acts. Nevertheless, the provisions of the Federal Law are designed in such a way that the rules of law of other acts and legal branches correspond to them. Speaking specifically about any interesting provisions of the legal acts, then such is art. 25 of the Law on the Protection of Consumer Rights. This rule of law secures the unique capabilities of consumers in the process of implementation of the contract of sale on the market.
Features of the article
Art. 25 of the Law "On Protection of Consumer Rights" contains several key features of an ordinary participant in trade relations. It should be noted that today there is a fairly extensive system of judicial practice affecting this issue. Thus, Article 25 of the Federal Law gives the consumer the right to return the goods. The realization of this opportunity occurs under certain conditions. Moreover, the provisions of the article not only allow the right to return goods. The second part of the norm speaks of reimbursement of a sum of money. Therefore, consider Art. 25 of the Law "On Protection of Consumer Rights" is necessary in stages, analyzing each element of it individually. This will allow more efficient understanding of all the nuances of the institute.
Consumer rights Protection. Consumer right to exchange goods
Each participant in the modern market has many opportunities. In turn, the rights of consumers of the Russian Federation are exhaustively manifested in the norm of article 25 of the said law. Moreover, the first part of the provision characterizes the exceptional ability of any buyer to exchange goods. In this case, it should be noted that the replacement is made in two cases:
- the goods have an inadequate level of quality;
- the product does not fit the consumer for any parameter, such as style, size, color, etc.
Thus, the rights of consumers of the Russian Federation to exchange products are not limited to the quality of its manufacture. The legislator provides alternative forms of application of the legal structure in order to maximally ensure the realization of the interests of individuals. But as we understand it, any legal procedure is carried out only in the presence of certain aspects.
Exchange Terms
You can return the product and get a new one only in cases where the buyer has observed certain points that the Law of the Russian Federation “On Protection of Consumer Rights” presents to us. Art. 25 shows the following list of conditions that make it possible to exchange goods, namely:
- firstly, no more than 14 days have passed since the time of purchase;
- secondly, the goods were not consumed;
- thirdly, the product retained its appearance and properties necessary for its further consumption;
- fourthly, all the necessary seals, labels and other similar elements are saved;
- fifthly, the buyer has a document on hand confirming the fact of acquisition.
This list of conditions is exhaustive, which is confirmed by Article 25. The consumer’s right to exchange goods is guaranteed and ensured, but for this the points listed must be strictly observed.
Refund mechanism
In addition to the presented legal mechanism for the exchange of goods, there is also an alternative scenario developed by the legislator. According to the 2nd part of Art. 25 of the Law "On Protection of Consumer Rights", the buyer has the right to demand the return of money paid for the goods, and not its replacement. Of course, the application of this rule also requires certain legal issues or conditions. However, the very possibility of a refund has a great impact on the doctrinal development of the institution of consumer protection in the Russian Federation. The existence of such a norm confirms the fact that the state cares about its citizens and their role in trade activities, which brings the country many positive aspects.
Conditions for receiving money
Of course, the return of the goods by the consumer and the recovery from the seller of the amount paid for him cannot be carried out only on the basis of the buyer's desire. To implement such a mechanism, certain conditions are necessary, which are not always present. Therefore, to obtain funds requires the presence of a number of the following points, namely:
- a similar product is not available for sale at the time the consumer contacts the seller;
- the consumer requires the return of only the amount paid for the goods.
If the opportunity to return the money really exists, then the seller must realize it within the next three days after direct appeal. Otherwise, the consumer can write a complaint to him to the appropriate authority. It should be noted that this norm is not mandatory. Its use allows the existence of certain agreements between the consumer and the seller. For example, by mutual agreement, money for the goods may not be returned. In return, the seller will wait for the appearance of a similar thing at his disposal, after which he will immediately notify the consumer about this.
Non-Exchangeable Goods
Article 25 of the Law of the Russian Federation “On Protection of Consumer Rights” contains a comment that the Russian government has the ability to establish a ban on the return of goods of a certain kind. Sheets of them are presented in a special list. According to its provisions, perfumes, cosmetics, textiles, chemical products, furniture, chemicals and pesticides, plants, weapons, animals, etc. are not subject to return. The list is quite large, which in many cases leads the ordinary consumer into complete bewilderment. Indeed, in this case, the question arises: what goods can be changed at all? The list itself is endowed with a large number of legal errors. They, in turn, are overcome in the judicial process, when considering cases of violated consumer rights. In most cases, the application of the provisions of Article 25 and the list is made by judges on the basis of their personal knowledge and subjective opinion on all the circumstances of the case.
What is remote purchase of goods and what is its legal regime?
It should be noted: Art. 25 of the Law "On Protection of Consumer Rights" implies the usual process of acquiring goods, that is, through the personal conclusion of a standard contract of sale. However, there is article 26.1 in the Federal Law. It fixed the mechanism for the remote acquisition of goods. This moment requires a lot of attention, since buying a thing happens blindly. In fact, the consumer cannot initially get acquainted with all the design and quality features of a particular thing. In addition, the remote nature of the purchase is confirmed by the fact of the delivery of goods to the buyer's location.
Is exchange possible with remote purchase?
Article 26.1 of the Federal Law is a prototype of the norm of article 25. As with regular purchases, there is the possibility of exchanging goods with a remote purchase. Refusal of goods on the basis of Article 26.1 may be made both before the moment of its direct transfer and after. In the second case, a notice of abandonment of the buyer must be made within 7 consecutive days. As for the conditions for the exchange of goods, they are similar to those presented in article 25 of the federal law. In addition to the exchange, the buyer may demand a refund from the seller.
Conclusion
So, in the article we examined the provisions of Article 25 of the Federal Law “On the Protection of Consumer Rights”, as well as its relationship with the provisions of norm 26.1 of the same official act. In conclusion, it should be noted that for the practical industry, the issue of exchanging goods and returning money for it is quite acute. Indeed, in the process of solving this dilemma, the interests of both the consumer and the entrepreneurial subject are affected. It is impossible to single out anyone in this case, since both sides are strong representatives of the market. Therefore, the mechanism for the application of standards must be constantly modernized so that it can meet all the interests of the actors involved.