Exchange technically complex goods: rules for 2021

It happens that a technically complex product is sold with instructions without Russian translation. Or they say that the robot vacuum cleaner has a step sensor, but in fact it does not. Or the price tag says that this is a German assembly, but in reality it is China. Everything seems to work, there are no shortcomings. But such a product can still be returned, even without flaws. The reason is false information.

Technically simple die

If a defect is found in the refrigerator after a month, the buyer cannot simply exchange it for a new one. You can repair it under warranty, but the law allows you to demand money back or exchange only under one of the following conditions:

According to the requirements of the Federal Law on the Protection of Consumer Rights, claims are exempt from payment of state duty. However, there is one exception. If the value of the claims exceeds one million rubles, the state fee will still have to be paid.

According to civil procedural legislation, claims from buyers filed in accordance with the Federal Law on the Protection of Consumer Rights are subject to consideration in courts of general jurisdiction. In this case, the plaintiff is given the choice of the territoriality of the judicial body in which the claim should be filed.

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Jurisdiction

Depending on the purpose and characteristics of the battery, a loan could be used to purchase it. In this case, the seller will be obliged to return the money for the battery itself, as well as the loan balance transferred by the bank.

The claim must be made from a specific buyer. Fictitious data or lack of indication of buyer data will lead to the fact that no one will respond to such a document. However, it will be impossible to file a claim in court on its basis.

Are batteries subject to return and exchange by law?

• No physical damage (cracks, chips, tears, dents).
• Confirmation of the fact of purchasing the goods in our store - either sales documents (cash receipt or invoice or order number and date), or our warranty sticker on the product.
• For legal entities persons, including purchases paid in cash, it is necessary to provide return documents - UPD or delivery note and invoice (if your organization is a VAT payer). Otherwise, the return will be refused.

Returning a battery, how to return the battery to the store and get the money paid

It should be understood that the consumer cannot, for any reason, return a battery of proper quality. This condition causes some difficulties. According to Article 25 of the PZPP, the consumer has the right, within 14 days from the date of purchase, to exchange a non-food product of proper quality if the product does not suit any external or internal parameters (shape, color, size). But there is a list of exceptions. It also includes technically complex devices, such as batteries.

You can return it only if it is of poor quality. Batteries of good quality cannot be exchanged or returned. Please note: The reason for returning a phone battery to a store under warranty can only be a manufacturing defect. Those. some kind of malfunction caused by the manufacturer.

Most often, due to the fault of the manufacturer, a short circuit or open circuit occurs - in this case, it is easiest to prove a manufacturing defect in the battery, since it is undeniable. However, if the cause of the malfunction is improper operation - that is, you caused the breakdown - the store will even listen to you they won’t, and checks can result in a loss of money. Always use the battery as required by the manufacturer. If you are sure that the breakdown was not due to your actions and any examination will confirm this, you can demand from the seller:

Can I return the battery to the store within 14 days?

For computer geeks, there are batteries for the motherboard. Well, taking a computer with you is not a problem at all. Well, okay, let’s say I paid, opened it, checked it, but they didn’t say hello, and above we were talking about the fact that opened packaging leads to the impossibility of returning. Mutually exclusive paragraphs. To maintain your rights, you can neither start using batteries nor leave the store - a paradox.

• if there are signs of use for spare parts;
• if the application deadlines are not met;
• if during the diagnostic process it was determined that the defect was caused by the actions of the buyer.

1. When purchasing on an online site : in this case, a return is possible before the actual transfer of the battery to the customer (upon delivery), as well as within a week or 3 months from the date of transfer (Article 26.1 of the ZPPP);
2. In case of violation of the law under Part 10 of Art. Law on the Protection of Consumer Rights , where the seller undertakes to provide information about the product in full and in the form of an attached document or booklet for purchase.

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When you can't return a battery

Diagnostics can last from 10 to 45 days. If desired, the buyer can be present at the time of the procedure, and also insist on an independent examination if the result does not suit him.

From the time the claim was served or delivered to the seller, the countdown begins for the period within which a response must be received. It should be borne in mind that the seller is held liable for delays in fulfilling the buyer’s legal requirements. And this can be either a penalty or penalties.

However, it is necessary to have documents that confirm the fact of purchase. You may also need a warranty card for batteries. As a general rule, the warranty period for this type of product is two years.

Terms of consideration

But it is given in the commentary. It also includes technically complex devices, such as batteries. Also, you should not count on replacing or returning a battery to a store that has failed due to wear and tear, even if the warranty period has not yet expired. The rules and regulations given in this article, in accordance with the Law of the Republic of Kazakhstan, apply to all types of batteries - for cars, telephones, household and construction equipment, etc. The battery is a technically complex product that is subject to a warranty period.

• the name of the court where the claim is filed, indicating the name of the locality, street name and number of the building where the court is located,
• full information about the plaintiff or his authorized representative,
• maximum information about the defendant, including his organizational and legal form of ownership, TIN, legal address,
• price of claims,
• name of the document: “Statement of Claim for the Protection of Consumer Rights”,
• a description of all the circumstances of the dispute with a chronological description of all actions of the plaintiff and defendant,
• compliance with pre-trial dispute resolution procedures,
• legal grounds for going to court,
• the essence of the claims,
• list of attached documents,
• day, month, year of drawing up the application, signature, surname and initials of the plaintiff.

The best way to start returning any item of poor quality is to consult with a lawyer, where you will get answers to all your questions. For example, is this product subject to exchange (return); is it even possible to return a quality item from this group of products? What to do if the seller refuses to satisfy your fair demands, what is the best thing to do if they do not want to accept the claim? And so on.

Return under warranty

However, this rule does not apply to every purchase. The Government of the Russian Federation defines goods that are not subject to return or exchange. According to the list approved by him, non-food products of proper quality belonging to fourteen categories cannot be returned.

A sample claim for the return of goods of good quality can be downloaded here. If, even after receiving the claim, the seller does not agree to the client’s terms, the plaintiff can apply to the court with a corresponding application.

In legal practice, there are several cases in which the buyer has the right to return the purchased product back to the seller: It is possible to return products such as batteries during the warranty period. If the period has expired, the consumer can return the product within two years from the date of purchase.

Returning a battery, how to return the battery to the store and get the money paid

In this case, the applicant must demand to exchange the goods that did not suit him. If the product was purchased in a virtual store, then you should refer to special additional requirements regarding consumer protection.

06 Oct 2021 etolaw 104

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