How to return or exchange a technically complex product?

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Published: September 10, 2018

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Technically complex goods are a statutory legal term designating a specific group of goods. These mainly include complex equipment, electronic and electronic computer technology and transport.

  • Regulatory framework
  • List of technically complex products
  • Consumer rights
  • Technically complex products that cannot be returned

An exhaustive list is given and recorded in the Decree of the Government of the Russian Federation.

List of technically complex products

This list was approved by Decree of the Government of the Russian Federation No. 924 “On approval of the list of technically complex goods.”

  • Light aircraft, helicopters and vehicles with electric motors. Cars, motorcycles, scooters and vehicles with internal combustion engines designed for use on public roads.
  • Tractors, engine blocks, milling cutters, agricultural machines and equipment with an electric motor.
  • Snowmobiles and vehicles specifically designed for driving on snow.
  • Sports, tourist and pleasure craft, ships, boats, yachts and boats.
  • Navigation and wireless communications equipment for home use, including satellite communications equipment with a touch screen and at least 2 functions.

A standard push-button telephone with minimal capabilities is not a technically complex product. On the other hand, a smartphone is definitely a technically complex product.

  • System units, stationary and portable PCs, including laptops, and personal computers.
  • Multifunctional laser or inkjet devices, electronically controlled monitors.
  • Satellite TV and game consoles.
  • TVs and digital projectors.
  • Digital cameras and video cameras, lenses designed for them and equipment for optical photography and filming.
  • Refrigerators, washing machines, dishwashers, coffee makers, electric and convection ovens, stoves, ovens, air conditioners and water heaters.
  • Wrist/pocket watch with the ability to perform at least 2 functions - mechanical or electronic.

List of technically complex goods according to Resolution No. 55

Speaking about technically complex goods, it should be noted that Russian legislation establishes two lists that differ from each other. The first is approved by Decree of the Government of the Russian Federation of November 10, 2011 No. 924 and refers to goods that have a deficiency .

The second - approved by Decree of the Government of the Russian Federation of January 19, 1998 No. 55 - contains a list of goods of good quality that cannot be exchanged or returned. It is this list that we will consider here.

Technically complex products of appropriate quality include:

  • Products for the prevention and treatment of diseases at home: sanitary and hygiene items made of metal, rubber, textiles and other materials, medical instruments, instruments and equipment, oral hygiene products, spectacle lenses, child care items, medications.
  • Personal hygiene items: toothbrushes, combs, hairpins, hair curlers, wigs, hairpieces and other similar products.
  • Perfume and cosmetic products.
  • Textile goods: cotton, linen, silk, wool and synthetic fabrics, goods made from non-woven materials such as fabrics - ribbons, braid, lace, etc.; cable products: wires, cords, cables; construction and finishing materials: linoleum, film, carpeting and other and other goods sold by the meter.
  • Sewing and knitted products: sewing and knitted linen products, hosiery products.
  • Products and materials made entirely or partially from polymeric materials and in contact with food products: tableware and kitchen utensils, containers and packaging materials for storing and transporting food products, including for one-time use.
  • Household chemicals, pesticides and agrochemicals.
  • Household furniture: furniture sets and sets.
  • Jewelry and other products made of precious metals and (or) precious stones, cut precious stones.
  • Cars and motorbikes, trailers and numbered units for them; mobile means of small-scale mechanization of agricultural work; pleasure boats and other household watercraft.
  • Technically complex household goods for which warranty periods are established: metal-cutting and woodworking household machines; electrical household machines and devices; household radio-electronic equipment; household computing and copying equipment; photo and film equipment; telephones and fax equipment; electric musical instruments; electronic toys; household gas equipment and devices; wrist and pocket watches, mechanical, electronic-mechanical and electronic, with two or more functions.
  • Civilian weapons, main parts of civilian and service firearms, ammunition for them.
  • Animals and plants.
  • Non-periodical publications: books, brochures, albums, cartographic and musical publications, sheet art publications, calendars, booklets, publications reproduced on technical media.

Is it possible to return a technically complex product of proper quality?

We will look at the rights of consumers who want to exchange a technically complex product, and also discuss its main disadvantages.

  1. If a defect is discovered in a technically complex product within 14 days of its purchase, you can file one of the following claims:
  • refund of the cost of this product;
  • replacement with a similar product;
  • exchange for another product with conversion;
  • reduction in the price of goods;
  • free repair;
  • compensation for repairs already completed.

The procedure also differs slightly depending on the period in which the consumer filed a complaint:

The buyer submits a complaint to an official of the seller company. The product can then be sent for examination to determine the cause of the malfunction. The seller has ten days to make a decision in response to the buyer's request.

2. After more than 14 days, all the above claims are subject to fulfillment only if a significant defect in the goods has been identified. A significant defect in a technically complex product is a malfunction that prevents the product from functioning normally or from operating for a very long period of time.

The consumer also has the right to withdraw the purchase if the warranty period has been extended by more than one and a half months or by one month in case of repeated failure.

Examples of serious defects are inability to repair, frequent failures, faults similar to those already fixed, disproportionately high cost and repair time. The buyer has the right to declare a defect in the product without evidence; the procedure related to the presence of the defect and its significance is usually assigned to the seller.

If the defect is not significant, then the buyer can only claim free service or compensation for previously carried out repairs.

The seller himself will check and inform the buyer about the results. The buyer has the right to disagree with this examination and ask the seller to conduct an independent inspection of the goods, during which both parties can be present.

Let us repeat once again that complex goods can be returned only if they have significant irreparable defects.

Regulatory framework

Currently, relations related to the purchase by a citizen of a technically complex product are regulated by three main legal acts:

concept of liability

  1. Relations between the seller and the buyer are built in accordance with the norms of the Law of the Russian Federation “On the Protection of Consumer Rights” dated February 7, 1992 No. 2300-I.
  2. The list of goods is approved by law, given in the Decree of the Government of the Russian Federation “On approval of the list of technically complex goods” dated November 10, 2011 No. 924 and is constantly updated.
  3. The concept itself also appears in paragraph 11 of the List of non-food products of good quality that cannot be returned or exchanged for a similar product of another size, shape, dimensions, style, color or configuration, approved by Decree of the Government of the Russian Federation of January 19, 1998 No. 55.

TST return conditions

Below are the general provisions provided for by Federal Law 2300-1 regarding TST:

  • It is impossible to return a quality product to the store.
  • The product can only be returned if it has a manufacturing defect or other signs of non-compliance with quality standards.
  • Items can only be returned within the warranty period.
  • After the warranty expires, a return is possible only in rare cases, if the period of validity is extended by a court decision.

How to return a technically complex product?

In accordance with Federal Law 2300-1, technically complex household goods can be replaced with other products only if they do not meet quality criteria.

Such defects are classified as follows:

  1. An industrial defect that negatively affects the operational and technical characteristics of the product.
  2. There is no information about the product and its manufacturer: about its operation, maintenance, location and name of the manufacturer.
  3. Inconsistency with the declared characteristics.

If such discrepancies are identified, the buyer has the right to return the purchased complex technical product or demand its repair at a service workshop.

Procedure for returning or exchanging technically complex goods

The procedure for returning and replacing such goods depends on the period when defects were discovered.

So, if the claims were made within 15 days from the date of its sale, then the consumer can:

  • or demand replacement of a technically complex product;
  • or refuse the purchase and sale agreement and demand a refund of the money paid for the goods.

This right does not depend on how significant the defects were.

If 15 days have expired, then you can refuse the purchase and sale agreement or demand a replacement of the goods, but in the following cases:

  • the buyer has discovered a significant defect in the product;
  • the seller violated the terms for eliminating defects in the goods;
  • the seller repeatedly eliminated the defects of the product, which made it impossible for him to use the product for a total of more than 30 days during each warranty year.

However, you can return the goods if the buyer does not have a sales receipt. Its absence is not a reason to refuse to return the goods to the consumer. Also, the buyer is not deprived of the right to refer to other evidence of purchase, including witness testimony.

Previously on the topic:

New rules for retail sales have come into force

If you bought a DVR online from an online store

Good quality

If the item has not yet been delivered to you, you can already refuse it. After the transfer you can cancel within seven days . If the seller does not attach documents indicating the procedure and terms for returning goods of proper quality, you can refuse the goods within three months from the date of its transfer.

To return the product, it must not be in use, its presentation, consumer properties, as well as a document confirming the fact and conditions of purchase of the product must be preserved. If there is no such document, then you can refer to other evidence of purchasing the goods from this seller (a screenshot of the online store’s personal account, a purchase notification by email or SMS).

Read more: What fine does an individual entrepreneur face for an unregistered employee?

If the product in the online store differs from what was delivered to you, this may also serve as a reason to return it to the seller and receive a refund. In this case, you can download the corresponding claim and present it to the seller: Claim for failure to provide complete and accurate information about a product purchased remotely

In case of refusal of the goods, the seller must return to the consumer the amount of money paid under the contract, with the exception of the seller’s expenses for delivery of the returned goods from the consumer, no later than ten days from the date the consumer submits the corresponding demand.

Attention: any goods purchased via the Internet are subject to return, even technically complex ones and goods from the list of non-returnable goods.

Defective goods

If defects are discovered in a product purchased remotely (in an online store), you have the right to:

  • replacement with a DVR of a different brand (model, article) with recalculation of the price;
  • reduction in purchase price;
  • free repairs or compensation for repairs;
  • refund.

If you were delivered a product with violations, such as quantity, assortment, quality, completeness, packaging and (or) packaging of the goods, you can notify the seller about these violations no later than 20 days after receipt.

The seller is obliged to accept the goods, perform a quality check or examination. Based on the results, a decision is made to satisfy your requirements. If you disagree with the results of the examination, you can challenge them in court.

Everything you need to know about returns

I purchased a DVR on credit from OTP Bank for the amount of more than four thousand rubles on the principal debt. The quality of the shooting is no good. I want to exchange or return it. Exchange the DVR for a similar product under Art.

I bought a laptop, the seller did not warn me that there was no disk drive, they refused to replace it as it was difficult. Is there any way to return or exchange the product?

In what case is it possible to return the DVR? The DVR is classified as a technically complex household product, the return of which is impossible. Technically complex products are covered by a warranty period, during which the buyer has the right, in the event of a breakdown, to repair the purchased product, replace it with a high-quality analogue or a similar model of a different brand and price. Since the DVR is considered a technically complex product, it, like any similar product, is subject to a warranty period. What does it mean? That if any defect is detected, the DVR has unclear video recording, non-functioning buttons, etc. In addition to the obvious shortcomings, sticky buttons, non-recording video, etc. If one of the above cases occurs, then you have the right to return the low-quality DVR. At the same time, you can count on:.

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