There are many products that are not possible to check when buying. Sometimes flaws appear only after several times of operation. The seller also may not always know for sure about the conformity of the product.
Therefore, if defects are discovered, the goods are returned according to the standard procedure that is provided in most stores. The Law “On Protection of Consumer Rights” contains the terms according to which products are returned or exchanged at the place of purchase.
A trade organization may doubt that the product was spoiled initially, and not in the process of inaccurate use. Then, an examination of the goods of inadequate quality can be appointed to identify the true causes of the shortcomings.
The basic Law
The main legislative act regulating relations between the seller and the consumer is the Federal Law “On Protection of Consumer Rights”. If problems arise with the goods, then they are guided in their future actions by this particular legal act. It is advisable to know it to all buyers in order to behave correctly in a particular situation if problems arise with the purchased products.
The procedure for returning goods is described in the second chapter of the law, which discusses the situation between the buyer and seller. In most cases, the latter should satisfy all customer requirements.
So, suppose it turned out that a defective product was purchased . What to do in this situation?
Why do we need expertise for the buyer?
The buyer has the right to demand that an examination of goods of inadequate quality be carried out. It is carried out in order to return the money spent, as well as protect their interests. But it often happens that, despite existing laws, sellers prevent buyers from exercising their rights last.
Therefore, in order to achieve justice, you need to understand the problem and be able to solve it. To begin with, we will determine what it means - inadequate quality.
About inadequate quality
The concept means that the purchased product had a number of disadvantages, which the buyer, of course, did not know. In addition, the description does not contain any reservations regarding this defect.
The law says that among the shortcomings of the goods, the discrepancies are recognized:
- legal requirements;
- terms of agreement between seller and consumer;
- general requirements for this product;
- buyer's goals;
- Description of the goods indicated upon purchase.
A significant disadvantage occurs if:
- it is unrecoverable;
- occurs again after an attempt to correct;
- work can be more expensive than the product itself.
Thus, it turns out that the goods of inadequate quality do not meet the declared properties and cannot be used for their intended purpose during operation.
Any product that has expired expires automatically, because the seller has no right to sell it. The goods are recognized the same if they have not determined the service life, although they should be of a type.
If the shortcomings arose as a result of improper operation or force majeure, then the product can not be called low-quality.
In the case when it comes to discounted products, information should be provided regarding the reasons for the reduced price. The consumer in this case has the right only to eliminate those shortcomings, because of which the cost is reduced, and only when they reappear after the purchase. But the return of such goods is not provided.
The beginning of the way
So, if the law is on the side of the buyer, you can demand that a complaint book be provided and an examination of goods of inadequate quality be carried out. In this case, the seller must, without asking unnecessary questions, accept the goods and carry out the appropriate procedure.
The result of a product research will be the main evidence of the consumer's rightness. After that, the conflict ends.
If the implementation is carried out under a license, then the examination of goods of inadequate quality falls on this organization. It can be considered a successful outcome when the seller agrees to its implementation immediately. However, then one should be vigilant and see to it that this fact is noted directly on the sales receipt.
Often, instead of research, repairs are carried out according to warranty service. Then, naturally, the right to claim the return of their funds is taken away from the buyer. Therefore, it is important to ensure that the note on the examination is mandatory.
Claim
If you have been refused a study, do not be upset. The next step is to write a claim. This document is executed in free form on a sheet of A4 format in the name of the head of the organization.
It indicates the grounds on which it is required that an examination of goods of inadequate quality be carried out, and also informs about the unreasonable refusal of sellers in it. In addition, the defect of the purchased product is described. Do not accept such a document in the store are not eligible.
The term for consideration of a claim is from two to seven days (workers). In most cases, the result will be a positive decision, because no organization will want to sue buyers.
Registration of products for research
The goods are drawn up for research. At the same time, one should note his desire to personally attend the procedure. This can be written directly in the claim or reflected in a separate statement.
Such a desire is by no means a simple curiosity. There are cases when the examination report is frankly fabricated, and things are handed back to the buyer after the period that was assigned for its conduct. Therefore, the look of a direct stakeholder will be quite out of place. When accepting the goods for research, the consumer receives a receipt.
But if there was that rare case when a claim was rejected, you can safely write a statement of claim to court, while informing the Consumer Rights Protection Society. A positive outcome is very likely.
Procedure
When the first stage is behind, and the decision on the appointment of the study is received, you can wait for the goods to be sent. It should be noted that it is the seller who is obliged to transport it to the required place and, of course, for free.
The examination of the goods is carried out by the store employees, if it is a question of a product that is technically uncomplicated. In another case, experts from a service center are invited.
Typically, the seller does not have enough knowledge to find and characterize the defect. Therefore, it is better to immediately insist on inviting a specialist.
The personal presence of the buyer, as a rule, contributes to a more thorough study.
Inspection begins using special tools. It consists of three steps:
- Internal inspection. In this case, remove the lid and study the elements inside. They conduct a general inspection, pay attention to whether there are any blows, chips or damage from interaction with water.
- External inspection consists in a view "from the side." A thing is examined under a magnifying glass for scratches. If everything is normal, then go to the final step.
- Check the goods for its performance. In this case, all the functions and capabilities of the device or things must be investigated in accordance with the instructions and the declared description. Special attention is paid to consumer complaints, because it was because of it that an independent examination of the goods was appointed.
Outside organization
Research can be conducted not only in the store. Sometimes it is better for both parties if the goods are sent to a specialized center of expertise. Then the buyer will be sure that the seller will not deceive him. The latter, in turn, with confidence in his innocence, is also interested in a highly qualified assessment of a specialist.
If the center of expertise is designated as the venue for the procedure, the following points are a plus for the consumer:
- Documentary confirmation of quality.
- Obtaining evidence for further trial.
- Defending your innocence.
- The possibility of obtaining another, high-quality product.
Experts educated in the specialty “Commodity Research and Expertise of Goods” and working in the respective centers will become the best appraisers for the seller as well. Indeed, in this case there are pluses for this person:
- elimination of fault in an existing defect;
- maintaining a reputation;
- saving money.
The timing
But this paragraph in the law, unfortunately, is not spelled out clearly. Guided by this omission, unscrupulous sellers may drag out for a while. But most often, the period takes from one and a half weeks to a month (although in some cases it reaches 45 days).
If the goal is to return the funds, then you have to wait about ten days. However, if you have a good reason for the commodity examination to be carried out in the coming days, you should indicate this in the complaint and send it to the head of the sales department.
You need to be prepared for the fact that experts do not always comply with deadlines. Often they recall the need for research only a couple of days before the return dispatch, and sometimes extend the date.
At the same time, if you go further and file a lawsuit, then such neglect will play into the hands. Even for late delivery and slowness, a penalty may be imposed by the court.
About the consequences
Imagine that the commodity examination has been completed, and the buyer reads in conclusion the fact that the defect really was, and the seller is recognized as the guilty party.
Then the consumer has the right to return his money. The maximum period in this case is 10 calendar days. This is directly fixed by law, so no one can prohibit the implementation of an action.
If there is no desire to return the money, then the goods can be exchanged for the same, but which is of really high quality. Delivery should be free of charge. At the same time, it will not be amiss to make sure that the warranty card is new, and not transferred from the problem copy.
But the examination of consumer goods may have a different result. If it turns out that the seller is not guilty of a defect, the buyer will have to pay for the work done. In addition to expertise, transportation costs should also be covered.
Conclusion
Every consumer should know and be able to protect their rights. Therefore, it is not necessary to consult a lawyer on all issues. It is only necessary to make efforts and achieve what the buyer has the right to rely on: to receive goods of high quality.
But even if it turns out that the seller is innocent, and as a result you have to pay for the examination out of your own pocket, the consumer will get excellent experience, and in the next similar situation he will know exactly what to do in order not to be defeated.