We write a response to the buyer’s complaint ourselves

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Published: 05/22/2020

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In the legislation of the Russian Federation, all relations between the buyer and seller of goods or services, including resolution of disputes, are regulated by such a regulatory act as Law No. 2300-1 of 02/07/1992 “On the Protection of Consumer Rights”.

• What to do if the buyer makes a claim
• Who responds to the buyer's complaint?
• How to correctly write and format an answer
• Deadline for responding to a complaint
• What happens if you don’t respond to a complaint?

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How to write a claim for the return of goods or money?

• State your requirements clearly and clearly . Many consumers who are faced with a similar situation for the first time simply have no idea how to correctly write a claim for a defective product. This document should set out the essence of the specific requirements. The claim is made in any form, but despite this, it is necessary to have some idea of ​​how to correctly write a claim for a product.
• The main points of a claim for a defective product. This document must necessarily consist of six main points. It must contain information about who is making the application and to whom. You must also provide detailed information about the product purchased or service ordered. Next, the author of the complaint outlines the essence of the problem. The next point is a description of the requirements that the consumer places on the seller.
• Filing a claim. The text that has already been compiled must be copied so that upon submission you will be given an acceptance mark. If the seller refuses to accept the claim or refuses to register the appeal, it is better to submit it through the Russian Post or courier services, of which there are currently many on the market for sending correspondence.

It is difficult to briefly explain how to write a claim for the return of goods, but all stated requests that the buyer makes to the seller must comply with the law. This document must list all complaints regarding the quality of purchased products, and also refer to specific provisions of the law. Therefore, the key point in the question of how to write a claim for a defective product is that only legal provisions should be the basis for initiating litigation.

What to do if the supplier does not respond to the submitted claim?

As a rule, all conditions for the return of low-quality goods are specified in the contract. But sometimes the supplier is stubborn or takes too long. If you can’t bring him to his senses, you can sue. But first you need to send an official complaint. If this is not done, the court will not consider the case.

Let's assume that there are no return conditions in the contract. In this case, the buyer has the right to write a claim for defective goods using the sample and return such delivery within 2 weeks. The rights of the buyer are specified in Article 477 of the Civil Code of the Russian Federation. The purchasing organization is required to prove that the delivered products were of poor quality before receipt.

We invite you to familiarize yourself with: A simple sample garage rental agreement between individuals

Requirements of the buyer's claim regarding the quality of the goods

At the beginning, indicate what product and at what time you purchased from the seller, what exactly you were not satisfied with in the performance of the product or service provided. This information will help resolve the conflict situation. It is possible that the item is fully consistent with the model and declared value, you just haven’t figured out the controls or individual parts of the purchase.

If, after all, the product or service turned out to be of poor quality, then let’s determine what we have the right to claim in a consumer claim for a low-quality product or service.

A special section of the legislation, namely the Federal Law “On Protection of Consumer Rights,” states that if the buyer has purchased a low-quality product or service, he has the right to demand from the other party:

1. replace a damaged or low-quality product (it must be of the same brand and model). This question often arises in the procedure for returning household appliances of inadequate quality to a store;
2. if possible, eliminate all defects in the product or reimburse the consumer for the costs of eliminating the defects by a third party;
3. refund of spent funds (the seller can also request a return of the damaged item).

If controversial situations arise between two parties to a conflict situation regarding the quality of an item or service being sold, the consumer must draw up an appeal and put it on paper. We will tell you how to write a claim for a replacement product in this material.

ATTENTION : if, in addition to the requirements for the product (service), in the future it is planned to file consumer penalties or a fine for non-satisfaction of requirements, then in this case the claim under the consumer rights protection agreement is mandatory, since it is from the date of its receipt that the penalties will be counted, and will also be resolved the possibility of a fine being imposed by the court.

Reasons for discontent

Dissatisfaction with a purchased product occurs when it does not meet the buyer's expectations and needs.

“On the Protection of Consumer Rights” gives the right to file a claim with the seller if the buyer has received products of inadequate quality.

A person has the right to ask for the money he spent back or for a replacement product.

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Despite the generally accepted belief that the buyer is always right, the seller has the exclusive right to protect his interests.

Of course, it is best to resolve all conflict situations peacefully. If a verbal agreement cannot be reached, the buyer writes a claim.

The reasons for dissatisfaction expressed in the complaint may be:

• poor product quality;
• violation of the product configuration;
• failure to meet product delivery deadlines;
• violation of packaging, which resulted in damage to the goods;
• violation of the order of mutual settlements between the parties, etc.

Please note: a buyer's complaint should be understood as a business letter that contains an expression of dissatisfaction with the quality of the product.

We suggest you read: The iron is broken under warranty, what to do?

Response to buyer complaint regarding product quality

There is hardly a single company that has not encountered complaints from customers regarding the quality of the product. This is an unpleasant moment, but the main rule in such situations is to give a reasoned and reasoned answer. Management must, based on current legislation, either satisfy the stated requirements or give a reasoned refusal. The response to a claim about a defective product, with the consent of the seller on the contrary, must be immediately satisfied.

In modern society, it is an ingrained belief that the customer is always right. But, despite this, the seller has the exclusive right to protect his interests.

Upon receipt of a complaint, the company must act as follows:

• do not shy away from accepting a claim;
• fulfill the requirements if you fully agree with them;
• If you do not agree with the claim, conduct an examination of the goods and, if there are no grounds for satisfaction, give a written refusal.

The claim must be prepared competently, with references to the law. An incorrectly prepared response can lead to litigation. And this will adversely affect the company's reputation. In complex and controversial situations, it is better to contact our lawyers. They will advise you on the best course of action in your case, and will also competently and correctly prepare the necessary document.

As practice shows, the most common types of claims are:

• about low-quality products;
• about a refund for purchased products;
• elimination of product defects;
• exchange of goods of good quality.

Before writing a response to a complaint received, you need to understand whether it is justified and subject to satisfaction. The seller first checks the quality of the product. The buyer has the right to be present during the inspection.

If a dispute arises about the causes of a defect, an examination is carried out by a specialized organization. The seller pays for it. Based on the results, a conclusion is drawn up. During the inspection, the expert evaluates the product for compliance with standards and determines the presence of deficiencies and possible causes of their occurrence. If you discover shortcomings caused by the consumer (for example, the phone fell into the water after purchase), prepare a reasoned refusal with reference to Law No. 2300-1. A copy of the expert’s opinion must be attached to the response. In this case, the consumer must compensate the seller for the examination costs.

If the product is defective at the factory or as a result of improper storage or transportation, then the complaint must be satisfied, indicating the time frame when the product can be replaced with a good one.

The legislator has not established a specific form of response. But, as a rule, it is compiled as follows:

1. the header indicates the full name, address and telephone number of the consumer and seller;
2. a brief description of the requirements;
3. a reasonable response to the complaint. It is necessary to clearly describe the position of the store;
4. manager's signature;

USEFUL: the letter is written on the organization's letterhead.

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How to write and format correctly

Standard form of response to a claim
Regardless of the volume and legal argumentation contained in the claim, a response to it should always be as fully reasoned as possible, each argument supported by references to regulations, departmental instructions, rules and other documents that may not be known to the submitter claims. By this, the party to whom the claim was received expresses its awareness of the issue, appeals to the claimant to more carefully study the regulatory framework and change his opinion regarding the stated requirements.

In the response to the claim, the necessary details must be met, which give the document evidentiary force and, in the event of an escalation of the conflict, can be presented in court.

The header of the review indicates the details of the organization (IP), its corporate name and contact information.

The response must contain the full Last Name, First Name, Patronymic of the claimant, his address, which is indicated in the claim for receiving correspondence, and in the absence of such, on the postal envelope. If the claim is submitted by the applicant personally, it is advisable to check the data specified in the claim with the passport.

The claim can be drawn up by a legal adviser (lawyer) of the organization (enterprise) or a third party, but must be signed by the head of the enterprise or another person to whom the authority to sign documents has been delegated.

The review must be certified by the company's seal and contain the date and number of outgoing correspondence.

Important! Without compliance with these requirements, legal significance may become insignificant.

Refund of claim

When preparing a response to this kind of requirement, in addition to establishing its validity, it is necessary to find out from the accounting department about the receipt of funds to the company’s account.

The response to a complaint can be either positive or negative. If you refuse to return the amount of money, you must write a reasoned answer.

It is important to know that if the client does not have a receipt, this is not a reason to refuse to satisfy the complaint.

As in the case of replacing a defective product, the seller conducts an independent examination. The answer will be based on the results.

This situation differs from the requirement to replace a defective product in that the consumer wants to return the product and take back the money in order to purchase the same one, only in another store. Such a resolution of the case is not beneficial for the seller, since the store loses profit. If every client is important to you, then the refusal to refund money should be based on facts so that the buyer has no doubts that you are right.

IMPORTANT : a claim for a refund for a defective product must be satisfied, otherwise you risk receiving a 50% fine in favor of the consumer for violating his rights

Sample responses to complaints

Sample letters can be easily found on a variety of law firm websites.

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Organizations involved in consumer protection also generously share templates for such documents.

In more complex cases, you can turn to practicing lawyers for help.

They will help you competently and correctly draw up the necessary document.

Often, buyers ask to return money for goods of inadequate quality, to eliminate identified defects, and sometimes make unreasonable demands.

There may be a positive or negative decision on the issue of refund. The refusal to return money must be justified.

Elimination of product defects upon claim

When a customer makes a request to eliminate defects in a product, the seller is obliged to accept the product for inspection and consider the complaint within a specified period of time. If it is legal, the store will correct the defects at its own expense. When it comes to durable products, the customer is provided with a similar product during repairs.

If defects are eliminated, the warranty period is extended for the duration of the repair.

After the repair, the seller is obliged to provide the consumer in writing with information about the date of treatment and transfer of the goods, elimination of the breakdown with a description of the defects and materials that were used to eliminate them and the date of delivery of the serviceable product.

If the examination of the product confirms the presence of damage caused by the client, then a written refusal is drawn up.

It is not uncommon for a consumer to demand a refund for correction of defects by third parties. In such cases, compelling reasons are required to grant the letter. The buyer must justify the presence of a defect due to the fault of the store, as well as confirm the costs of correction. Without all this, you can safely refuse the client. The answer must be in writing.

Information in the answer

At the legislative level, there are no clear instructions on how to correctly write a response to a dissatisfied consumer of a purchased product.

This type of document is drawn up according to the rules for writing business letters and must contain the following information:

• in the header of the letter, as a rule, on the right side of the sheet, the details of the addressee and addressee are indicated;
• The title of the document is written in the center of the sheet, for example, “Response to a complaint regarding product quality”;
• under the title is a statement of the main text of the document, which describes the seller’s position and indicates the reasons for disagreement with the consumer’s requirements;
• after all of the above, the signature of the head of the organization is affixed, which is certified by a seal.

The defendant's position must be supported by references to the current legislation of the Russian Federation, which regulates the relationship between buyer and seller. The results of the examination, if any, must also be attached to the letter.

Please note: the answer must be written on letterhead, on an A4 sheet.

Returning an item of proper type upon claim

We all know that the consumer has the legal right to return a product of good quality without giving reasons. The return period is fourteen days. In this case, the seller is obliged to exchange the returned products for similar ones. A written response is not required for this purpose. The exchange takes place on the day of application. If the goods are unavailable, the buyer has the right to demand a refund. They must be returned to the client no later than 3 days from the date of receipt of the goods by the seller.

However, there are certain conditions for the goods subject to exchange:

• not used;
• has proper presentation;
• availability of documents confirming payment. But, in their absence, the client can refer to witness testimony;
• The return period has not expired.

If at least one of the above points is not met, the seller writes an official refusal indicating the reasons.

It is important to know that the legislator has approved a list of goods that cannot be exchanged or returned (for example, personal hygiene items).

Preparing a response to a claim is a painstaking job that requires experience, as well as knowledge of the law and technical documents on goods. The more competently the answer is presented, the higher the chances of resolving the dispute without trial.

Seller's actions

If the buyer makes a claim, then the seller first:

1. Accepts the buyer's claim;
2. Accepts the goods . Its delivery is made at the expense of the seller. In case of an unfounded claim, the buyer reimburses the costs of delivery of the goods;
3. Checks the goods. The check is carried out on your own. If this is not possible, then an outside expert is brought in;
4. After the examination, a response to the claim is drawn up . It is sent to the buyer's address or delivered to him personally.

Time limit for reviewing a complaint regarding product quality

When a seller receives a complaint, it must be responded to quickly. Either the requirements are satisfied, or a written refusal is given within the prescribed period.

1. According to general rules, the period for reviewing a claim for a defective product is 10 days. The response is sent by mail with acknowledgment of delivery and a list of the contents. However, in certain cases a special period is provided. It all depends on the nature of the requirement. Thus, when claims are made to eliminate defects, the seller is obliged to eliminate them as soon as possible. However, by agreement of the parties, the period can be set to no more than 45 days.
2. Requirements for replacing low-quality goods must be met no later than 10 calendar days from the date of issuance of the requirements. If additional product verification is necessary, the period is increased to 25 calendar days. If the store does not have the required product, the complaint must be resolved within 1 month.
3. For the return of funds, the law establishes a ten-day period from the date of receipt of the complaint from the client.

ATTORNEY ADVICE: It is important to comply with the deadlines within which the seller must comply. After all, the law provides for liability for non-compliance. Thus, for delay in fulfilling an obligation, the offender pays 1% of the cost of the goods for each day of delay.

What to do if the buyer has received a claim about poor quality delivery?

This document can be received in two ways:

• The applicant personally brought and submitted it to an authorized person of the organization (store, retail outlet, etc.);
• By recommended postal delivery.

In the first case, the staff will come face to face with the applicant. The first thing you need to do is understand the validity of consumer outrage. Advertising, the work of the seller, who overly exalted the dignity of the product, beautiful packaging and promising characteristics - all this created in the consumer the image of a product that can do anything (within the limits of its purpose) and never breaks, and fits its interior.

Reality brings him back to earth, he discovers shortcomings in the product, which make him want to return the money. The situation gets worse if a defect is found in the purchase .

Secondly, the correct line of behavior is required from the seller in such cases. Outside the store, he is the same consumer, and he will not be happy with a low-quality product that has a defect.

A constructive, friendly conversation will help you find the right solution and find a way out of the current situation without resorting to court.

Demonstrative loyalty to the consumer in such cases:

1. Reduces the risk of the applicant seeking legal protection.
2. Reduces the demands of the injured party.
3. Prevents financial losses.

The presence of formal violations in communication and correspondence with the buyer may be of interest to lawyers who will take on this case. The result is that, according to a court decision, you will have to not only return the cost of the goods, but also pay a penalty, legal costs, attorney fees and moral damages.

The algorithm of actions for a received claim is as follows::

1. Get acquainted with the documents, consider the method of documenting the very fact of its direction.
2. Make sure the requirements are justified.
3. If there is guilt on the part of the seller, consider all ways to resolve the conflict (satisfy the demands, refuse them, find a compromise solution) and their consequences.
4. Following the deadlines specified in the consumer protection law, make a decision and send a response to the applicant.

When accepting a claim, it is necessary to analyze whether the buyer has documentary evidence that he sent the document to the seller. These include:

1. Signature of the responsible person on the second copy of the document with the date of its receipt.
2. A check, an inventory of the contents, a notice of receipt issued by the post office.

The absence of such confirmations gives the store more time to respond. If necessary, you can use a trick and not admit that you have received a claim.

After reviewing the document, it is necessary to understand the circumstances and essence of the requirements. The buyer's claim may not be satisfied if :

• The deadline for returning money or exchanging goods has passed;
• The purchase was used improperly, resulting in a malfunction of the device, a damaged product, etc.;
• The warranty period has expired.

The consumer is also refused in other cases if his demands are not justified and go beyond the scope of current legislation. But, if the claim is justified, there is evidence of guilt on the part of the seller, the conflict must be resolved within the time limits provided by law. More on this below.

The buyer can also submit an application to Rospotrebnadzor. You can read about the features of compiling this document in this article.

Deadlines for sending a response letter

The legislator does not define exact deadlines for responding to a claim, but limits the seller’s ability to respond to the requirements presented. He is assigned :

• 7 days – to fulfill the requirement to replace the product;
• 10 days – to return the purchase price.

Consequently, the response to an appeal for the supply of low-quality goods must be no later than these deadlines. In fact, the letter itself to the buyer’s request, in which the seller agrees with his demands, refuses him or agrees to a compromise, will be such a response.

If the consumer’s request is refused, and the court finds that he is right, the store will be required to pay a penalty for each day the request is not fulfilled.

When replacing a product, the specified period may increase to 20 days if it is necessary to check the quality of the purchase. However, the store is obliged :

1. Within 3 days, provide the applicant with a similar product for temporary use.
2. Deliver it to the buyer at your own expense.

Replacement of the purchase is required if two conditions are met:

1. The product around which the dispute occurred belongs to the category of durable property.
2. It takes more than 7 days to verify the circumstances of the claim.

In accordance with the law, durable goods include:

• Motor vehicles, including motorcycles and cars, ships and trailers;
• Household appliances and furniture;
• Weapons (civilian and service).

This means that if the buyer makes a claim about a detected defect in the multicooker, and it takes 15-20 days to check, the seller is obliged within 3 days :

• Provide another multicooker for temporary use;
• Find a compromise solution, for example, pay compensation in the agreed amount.

Missing the specified deadlines will result in a penalty in the amount of 1% of the cost of the goods for each day of delay.

You can find out more about the timing of claims consideration in a separate material.

What to pay attention to when drawing up

Since the response to a claim is a full-fledged legal document, special attention should be paid not only to its execution, but also to issues related to delivery:

1. First of all, you can compose an answer on plain paper, but it is better to use a special letterhead, which should be immediately developed and entered into the accounting policy of the enterprise.
2. It is assumed that the document is delivered in exactly the same way in which the claim itself was received:

• the postal item should be issued in the form of a registered letter with acknowledgment of receipt, in order to subsequently have documentary evidence that the response deadlines were not violated;
• letter in electronic form - in this case, you can also respond to the consumer or counterparty by e-mail or fax, but the paper original of your document must be saved and kept until the problem is finally resolved;
• finally, the most reliable way is to hand over the letter personally (for example, together with a courier) - this is often done when we are talking about partners whose business connections are of particular value to the company.

1. As a rule, a copy of the document is sent to the requesting person. In any case, you must keep the original. The same rule applies to applications (for example, the results of technical expertise).

NOTE. If a sufficiently trusting relationship has developed with the counterparty, the response to the request can be provided orally. But even in this case, you should back up your words with a written document, sending it to the person’s address.