Decree of the Government of the Russian Federation of November 18, 2020 N 1867 “On the list of certain types of technically complex goods with pre-installed Russian programs for electronic computers,

The concept of a technically complex product

Complex technical products are products intended for long-term use and having at least 2 options. Such devices are endowed with a complex internal design - they are accompanied by instructions, safety rules and a warranty. The definition of a product to a category is not indicated as a formality, but on the basis of a closed list. If a conflict about ownership arises, an expert assessment is prescribed.

If the equipment is included in the list of technically complex goods in 2020, then the exchange and delivery procedure is as follows:

1. There is a warranty period, there are no claims to quality - non-refundable.
2. Irregularities in work are detected - a statement is sent within 14 days.
3. After 15 days, you can return the device if one of the following conditions is met:
   the defect prevents the product from being used for its intended purpose;
4. long-term repairs (from 45 days);
5. systematic failure.
6. If there are no grounds for delivery or exchange, the defect will be eliminated under warranty.

Please note: the list has been updated for 2021. – if the transaction was concluded earlier, then the old list applies.

Watch the video: “Procedure for returning complex technical equipment.”

Legislative regulation

The exchange and return procedure is enshrined in law. Stores cannot regulate rules, since they are the same for all organizations. For example, if the shoes do not fit, then they must be returned within 2 weeks. Underwear cannot be returned even the next day as it is included in the updated 2021 classification.

Equipment included in the list of technically complex goods approved by the Government of the Russian Federation is subject to delivery if there are significant defects. The rules apply to all groups, but you need to adhere to the regulatory framework in the new edition.

Federal Law on technically complex goods

Federal Law No. 234 introduced changes to the PZPP and Part 2 of the Civil Code of the Russian Federation (in particular, Clause 3 of Article 503 of the Civil Code) in terms of regulating relations between the consumer, the plant, the contractor and sellers. Regulations establish the rights of the parties, including the purchase of equipment of appropriate quality and safe to use. The manufacturer and store are obliged to notify users about the characteristics of the model and the rules of use. The law also regulates the protection of the interests of buyers and determines implementation standards.

Buyer Protection Law

Often difficulties with delivery relate specifically to products from the classifier of complex goods. Organizations have many reasons for refusing a user in this area, which can be misleading. The process of returning technologically complex models is endowed with a number of features described in Art. No. 18 ZPP.

Based on the law on protecting the interests of buyers, a citizen has the right to exchange or hand over goods with a complex mechanism within 14 days if there are obvious defects. Regular goods can be returned during the entire warranty period.

If a malfunction is detected in complex equipment, then you should act based on Article No. 18 (clause No. 1) of Federal Law No. 2300-1:

Table 1.

According to all-Russian rules, the process of handing over technically complex goods is a lengthy procedure, endowed with peculiarities. In fact, this can be done without any problems within the first two weeks of purchase. After fourteen days, the citizen will have to prove the above circumstances. For this purpose, an examination is ordered, since the oral form has no legal basis.

Note: to protect your own interests, experts recommend studying the list of complex technical products before submitting an application. If the case concerns a dishwasher costing 45,000 rubles, then when filing a claim you need to clearly describe the breakdown and record the date.

PP No. 924

The RF PP No. 924 (new edition) approved a list of technically complex goods that cannot be returned in 2021 - it is established in a closed form. The updates affected ground and air vehicles, computer and household appliances, as well as power tools.

This list has not been adjusted for several years, but in 2016 the Russian Government made the Resolution more specific. This was done due to technological progress and in order to reduce conflict situations regarding the definition of product range. Before updating the classifier, disputes often arose, for example, whether a screwdriver or an electric saw belonged to technically complex products. PP No. 924 finally regulated relations in this area.

The list of products with complex internal structures has been changed.

Previously the list looked like this:

• refrigeration and freezing units;
• washing and dishwashing machines;
• equipment for preparing hot drinks;
• split systems;
• electric ovens;
• other.

The range has been expanded in 2021:

• combined devices for cooling and freezing food;
• drying and washing equipment;
• kitchen appliances;
• robotic vacuum cleaners, etc.

Return procedure

Defective goods can be returned or exchanged while the warranty period established by the manufacturer is valid. This also applies to those products that cannot be exchanged. If the product warranty period is not established, returns can be made within two years after purchase.

If after purchase any defect in the product is discovered, the buyer must contact the store with a complaint in writing. After its consideration and verification, one of the following decisions should be made:

• Exchange of technically complex goods with a defect for a similar product of proper quality.
• Reviewing the price of a product with a significant defect and reducing it, as well as paying the buyer the difference in cost.
• The seller may terminate the transaction for the purchase of low-quality goods and return the full amount to the consumer.
• Exchange of goods for another quality product with recalculation of cost.
• Elimination of product malfunctions by the seller at his expense. Repairs must be carried out within the period established by law, otherwise penalties and fines may be imposed on the seller.

It is up to the consumer to decide which option is preferable to choose. If the buyer wants to exchange a certain technically complex product of inadequate quality, but the required product is not available, the store can provide it after receipt. If the seller violates the deadlines for return, exchange or elimination of defects, he may be held liable. These issues must be taken very seriously. After all, these are your rights and your money. Be careful.

If the deadline has expired, you will have to prove significant deficiencies

Materiality criteria are a basis that does not have a precise definition. The inability to use a technically complex product, as well as the delay in eliminating defects, can be proven with documents. Difficulties arise when it comes to materiality. The law does not contain a list of signs. The court determines them when it analyzes the circumstances of a particular case.

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For example, a consumer purchased a camera. He requested a replacement product when more than 15 days had passed. As evidence, the applicant presented an expert opinion. The court found that the plaintiff sent a claim, but did not transfer the goods to the seller along with it. The defendant could not verify the validity of the claims, determine the quality of the goods and present his evidence. The court found that the manufacturing defect:

• can be eliminated without significant financial costs,
• does not require significant labor and time.

The court rejected the claim (appeal ruling of the Samara Regional Court dated 02/08/2018 in case No. 33-1448/2018).

In another case, a consumer purchased a car. He considered that a two-layer paint coating on top of a four-layer factory coating was a significant production flaw. The case reached the Supreme Court, which returned the dispute for reconsideration. The lower authorities did not find out:

• what specific mandatory requirements for the characteristics and quality of the car are violated by additional layers of coating,
• whether this is a significant drawback (determination of the Supreme Court of the Russian Federation dated August 29, 2017 No. 77-KG17-20).

The Consumer Protection Act does not apply to companies. If the product is used by a legal entity, the plaintiff does not have the right to refer to legislation on the protection of consumer rights (appeal ruling of the Samara Regional Court dated July 1, 2014 No. 33-6260/2014). It is necessary to refer to the provisions of the contract and demand that defects be eliminated during the warranty period.

Get ready to defend your interests in court

If the seller does not provide another product in exchange for the defective product, he will refer to various circumstances:

• the operational nature of the shortcomings of a technically complex product;
• substitution of parts by the consumer;
• incorrect conclusions of the examination carried out by the buyer;
• expiration of the period for filing claims, lack of authority, etc.

To avoid dealing with an unscrupulous dealer again, it is advisable to demand damages rather than replacement. To make a decision, courts in such disputes rely on expert opinions.

For example, in one case, the court recovered damages and penalties from a dealer who provided a consumer with a car with defects. The court found that the defendant company had the authority to:

• sell vehicles,
• carry out warranty repairs,
• meet consumer requirements.

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The amount of losses and the nature of the damage were established by the examination. Since the disputed object is a technically complex product, the law does not limit the period for a claim for compensation of losses to 15 days (appeal ruling of the Orenburg Regional Court dated July 19, 2017 in case No. 33-5091/2017).

Items that cannot be returned

In accordance with the text of Resolution No. 55, the right to exchange or return within 14 days provided for in Article 18 of the Law “On Protection of Consumer Rights” does not apply to the following types of high-quality non-food products:

• medicines, medical supplies and personal hygiene items, ophthalmic lenses and baby food;
• products used for personal hygiene, perfumes and cosmetics; woven and non-woven materials sold by the meter;
• underwear and hosiery;
• disposable tableware and plastic containers for food products;
• household and agricultural chemicals;
• household furniture;
• jewelry and precious stones;
• auto and motorcycle equipment, cultivators and watercraft;
• civilian weapons and ammunition;
• technically complex products;
• plants, animals and printed publications not related to periodicals.

Information Products from this list cannot be returned unless there are quality claims. If deficiencies are detected, the right to return is determined by the same Article 18 of the Law “OZPP”. According to the text of this article, defective goods can be returned to the store, even if they are on the approved list.

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Many questions arise when returning technically complex goods, the definition of which is given in paragraph 2 of Article 475 of the Civil Code of the Russian Federation. According to it, the definition of technically complex goods includes the following categories, defined in Decree of the Government of the Russian Federation No. 924:

• aircraft equipped with engines and vehicles intended for movement on roads or snow;
• agricultural equipment and motorized vehicles;
• watercraft equipped with an engine;
• navigation and communication devices used in everyday life, and computing equipment;
• devices with a digital control unit;
• household appliances equipped with an electric motor or microprocessor.
• Returns and exchanges of these groups of goods require special conditions.

List of technically complex goods that cannot be returned or exchanged

Instruction for the consumer on returning goods to the seller.

The government of the Russian Federation has expanded the list of technically complex goods that cannot be returned or exchanged in 2021. The classifier contains household and kitchen appliances that also cannot be returned or exchanged for other models. Exceptional situations have period limitations.

For example, a faulty electric stove, robot vacuum cleaner or coffee machine is subject to examination before a refund for the purchase. At the same time, the law allows you to get your money back within the warranty period for a simple phone, and a smartphone only under exceptional circumstances.

List of technically complex goods

The legislation has approved a nomenclature group, the models of which have a complex technical mechanism.
The table shows a general list of positions: Table 2.

List of complex household appliances

In paragraph number 12 of PP No. 924, the category of complex household models is approved, which has undergone the most changes. The list included kitchen appliances - previously they were not on the list. The renovations that have taken place are associated with modernization in the field of technology, because the development of the region is happening quickly.

Progressive equipment for the production of household appliances leads to the fact that the main parameters become complex and multifunctional. Models require an appropriate approach. The political and economic situation in the world played an important role in updating legislative acts. Incomes of the population, the capabilities of suppliers and manufacturers in times of crisis require a careful approach to the selection of goods.

Therefore, in 2021 the classifier included:

• washing machines;
• dishwashing equipment;
• ovens;
• mechanisms for making hot drinks;
• electric water heaters;
• split systems.

For your information: the official list of complex technical devices includes varieties of watches that operate on mechanics, electronics, and hybrid ones.

When completing a purchase and sale transaction for any of these items, it is difficult to immediately determine the defect. However, the defect appears almost from the first days of operation. Therefore, you can return the money without waiting for 14 days.

Which products are technically complex: a list by law

Products with technical complexity are included in the durable category. For a purchase to fall into this segment, it must have at least two functions and a complex internal structure. Additionally, instructions are required that indicate the operating and safety requirements, as well as the warranty period.

Important! Whether the purchase is considered complex can be checked in a special established list, which is federal. In controversial situations, an examination should be appointed. Most often, the last point applies to hybrids of various devices.

The list, which was approved by RF PP No. 924, is considered closed. The latest changes were made in April 2021. Additional positions were introduced, and a number of existing ones were clarified.

Technically complex products

List for 2021:

1. Light aircraft, helicopter or aircraft.
2. A vehicle designed to travel on public roads, in particular cars and motorcycles, as well as various scooters.
3. Tractor, walk-behind tractor, motor-cultivator, equipment or machinery for agricultural purposes.
4. A snowmobile or a special vehicle for the snowy season.
5. Floating transport, including a sports, tourist or pleasure craft, boat, boat or yacht.
6. Any type of navigation or wireless communication equipment for domestic use. Requirements include a touch screen and at least two functions.
7. System unit, computer equipment in the form of PCs, laptops or personal electronic computers.
8. A monitor with a digital control unit, a device with a large number of inkjet or laser functions.
9. Set for satellite television, game console. In the latter case, a digital control unit is required.
10. TV, as well as a projector with a digital control unit.
11. Digital photo or video camera, lens. Additionally, the item includes optical film equipment, but a digital control unit is also required.
12. Refrigerator or freezer, including combination options, drying, washing, dishwashing machines, food processor and coffee machine. Electric or gas-electric stove. A hob that runs on electricity or a combined gas-electric system. Electric or gas-electric oven. Built-in microwave oven. Robot vacuum cleaner, various types of air conditioners. Electric water heater.
13. A wrist or pocket watch with at least two functions. They can be mechanical, electro-mechanical or electronic.
14. Tools of an electrified nature, in the form of hand-held machines or portable electric ones.

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From the first to the fifth point, the goods must have an internal combustion engine (internal combustion engine) or an electric motor. Otherwise, they will not be considered complex.

There are no plans to update the list in the near future, but changes are possible in the future, as the product market is constantly expanding.

Rules for trading technically complex goods

Article No. 8 of the PPSA establishes the buyer’s rights to receive reliable and up-to-date information about products. An organization or retail chain is required to post relevant information on stands, signs, and price tags. This allows citizens to timely study the company name, address, opening hours, as well as technical data about the product.

Employees of the retail space are required to carry out pre-sale preparation of devices with a complex internal design:

• unpack the container;
• remove lubricants;
• remove dust and debris;
• conduct a visual analysis of product conformity;
• check the set, quality, information about the manufacturer;
• if necessary, transfer it to the assembly and commissioning department.

Display samples are placed on shelves in the hall.

Labels are issued indicating the information:

• Name;
• brand;
• model;
• vendor code;
• price;
• general information;
• technical specifications.

Consumer actions when purchasing a low-quality product.

If a citizen asks to show the device in operation, the seller is obliged to conduct a full demonstration of the equipment in assembled and serviceable condition. When the model does not require a special connection, it is handed over to the buyer for inspection in its current form.

A representative of the organization, in the presence of a citizen, checks the quality and price, availability of documents, and completeness.

When handing over a technically complex design, the seller attaches to the product:

• accessories;
• technical certificate;
• warranty card;
• instructions;
• paid receipt.

Please note: if a store refuses to provide a magazine for reviews and suggestions, a citizen has the right to file a complaint with Rospotrebnadzor. Such actions of the seller are regarded as a violation of the rules under the PPA. The supervisory service may fine the organization.

Memo: according to Federal Law No. 2300-1, a store employee is required to provide current and reliable information about the product to ensure the correct choice. When selling used or repaired equipment, you need to notify the citizen.

Store requirements when returning a purchase

Having purchased a complex product, the consumer at home discovered a manufacturing defect or malfunction. Before returning the purchase to the store, it is recommended to approach the store manager and consult whether this malfunction will be a reason for return. Some manufacturers of complex products warn sellers about specific cases when warranty service will not be provided.

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Required conditions for returns:

• documents confirming the fact of purchase of the product from this particular trade organization;
• technically complex products are returned only in the original packaging and with all tags;
• the product malfunction was not caused by the consumer;
• availability of a complete package of documents for the product;
• the presence of a protective film on the product screen;
• if the buyer independently downloaded additional software for the product, they will definitely refuse to return it;
• If the buyer is not informed of the deadline for a possible return, then it increases to three months.

A product is considered defective if there are deviations from the relevant regulations, at least by one parameter.

Is a telephone a technically complex product?

An ordinary push-button telephone with a minimum of functions is not a technically complex product (but in practice, you have a chance to prove this to the store/sellers only through court, and even then the decision will not always be in your favor). So we still recommend equating the phone to a technically complex product. But a smartphone is definitely a technically complex product (item No. 6 of the list of technically complex products).

Rules for returning technically complex goods

Technically complex goods that cannot be returned within 14 days can only be returned if they are of inadequate quality. Defects should be identified within the warranty period. If a malfunction is detected within 15 calendar days, the user has the right to return the product (Article No. 21 of Law No. 2300-1) or exchange it for a similar model. Any claims must be made in writing. If a refund occurs, an application for a reverse transfer of funds or price recalculation is drawn up.

The organization must consider a claim for replacement of equipment within 7 days from the date of receipt of documents. 12 days are allotted for the examination. Refunds are made before 12 days have passed. – Article No. 22 of the PDA. When a defect is discovered after 1.5 weeks, the citizen has the right to take advantage of warranty repairs or send a request to reduce the price of a complex technical product.

The application for the return of goods is drawn up in 2 copies. A copy is sent to the organization addressed to the manager or director. The original remains with the user - the seller places a stamp and date of acceptance on it. The claim can also be sent by Russian Post - a registered letter, with an inventory and notification. The period for feedback is regulated by Art. No. 22 ZZPP and is 10 calendar days.

If a product has a technically complex modification, but is not included in the Russian classifier, then the PZPP norms apply. Article No. 18 and paragraph No. 27 of the General Trade Rules No. 55 indicate that if a defect is detected, the product must be replaced, refunded, or exchanged.

Note: in the absence of a payment slip confirming the transaction (sales receipt), this cannot be a reason for refusing to accept the claim.

The fact of purchase is verified by:

• accounting summary;
• witness testimony;
• recordings from video cameras installed in the hall.

Lawsuit

If the seller does not satisfy the claim for a refund for a defective product from the list of technically complex ones, then you can safely go to court at the location of the plaintiff, defendant, or at the place where the purchase and sale agreement was concluded. In 2021, the claim is filed:

• to the magistrate's court if the amount of claims is less than 50,000 rubles;
• to the district court, if more than 50,000 rubles.

The price of the claim includes only material claims, so you can safely ask for compensation of 49,000 rubles for the defective laptop plus another 50,000 for moral damage and go with such a claim to the magistrate. State duty on claims up to 1,000,000 rubles is not paid.

In a claim you can state one of the claims under Art. 18 PDO:

• terminate the purchase and sale agreement and return the money paid;
• replace with a product of the same brand (same model and (or) article) or with the same product of a different brand (model, article) with recalculation of the price;
• reduce the purchase price proportionately (usually presented in the event of detection of defective parts or a similar situation);
• the requirement to immediately eliminate defects in the product free of charge.

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The requirements can be supplemented with compensation for associated expenses that the consumer had to incur in connection with the purchase of low-quality, technically complex goods. These may include transportation costs, the cost of an examination carried out at your own expense, and other losses. It is imperative to demand compensation for moral damages and legal costs, which include the costs of a representative – a consumer protection lawyer.