Claim for return of goods of inadequate quality

Reasons for returning goods of inadequate quality

There are several reasons why a buyer has the right to return a purchase:

• the product does not fit in size;
• the product does not match the color, shape, size;
• a manufacturing defect was discovered;
• the product is expired.

The procedure is as follows: a person who has made a purchase and finds a flaw or defect in the product can contact the store where he made the purchase with a request to return it or exchange it. You need to have with you a passport of a citizen of the Russian Federation, a receipt for payment for the purchase, the entire package, all tags and labels, a purchase without traces of use. In a store, a merchandiser or administrator will offer to write an application for the return of a low-quality product or a claim for a refund for a low-quality product. In addition, he is obliged to provide a sample inventory of the defective product before returning it. After this, you will receive an exchange of the product or a full refund.

If you have met all the conditions, and the seller refuses to return the funds, you should contact the city consumer protection department. There you can take claim forms for the return of defective goods, draw up a statement of claim or file a complaint. As a rule, after such requests, sellers complete such procedures without problems. An example of an application for a refund or equivalent exchange can be downloaded here..., pick up a copy in the ZPP department or in the store where the purchase was made.

But not everything can be returned to the store, even if all the above requirements are met. The following cannot be returned or exchanged:

1. Devices for personal use.
2. Hygiene items.
3. Jewelry.
4. Children's soft toys.
5. Feather and down products.

This is not a complete list. The full list can be found on the website of the Committee for the Protection of Consumer Rights of the Russian Federation.

Template for a complaint to a counterparty in connection with the supply of goods of inadequate quality: download sample

Template for a complaint to a counterparty in connection with the supply of goods of inadequate quality. The basis is a previously concluded agreement between legal entities. List of articles of the Civil Code of the Russian Federation that provide the right to withdraw from a contract with a requirement for a full refund.

Limited Liability Company "Omega"

Postal address: 125008, Moscow, st. Mikhalkovskaya, 20

General Director of Torgovaya LLC A.S. Kondratyev 117461, Moscow, Sevastopolsky Prospekt, 54

CLAIM in connection with the supply of goods of inadequate quality

Moscow November 21, 2021

Between LLC "Omega" and LLC "Torgovaya" a supply agreement No. 12 dated February 15, 2021 was concluded, according to which LLC "Torgovaya" undertook, at the request of LLC "Omega", to supply seafood in the range and at the prices specified in the specification – Appendix 1 to the supply agreement dated February 15, 2021.

“01” November 2021 LLC “Omega” sent LLC “Torgovaya” an application for the supply of 10 tons of trout and paid 50 percent of the cost of the ordered goods in the amount of 100,000 rubles. However, on November 18, 2021, Torgovaya LLC supplied Omega LLC with 10 tons of cod instead of 10 tons of trout, which did not meet the terms of the application.

Thus, in violation of the terms of supply agreement No. 12 dated February 15, 2021, Torgovaya LLC supplied goods of inadequate quality, which resulted in a delay in Omega LLC fulfilling its obligations to its counterparties under current contracts.

Based on Article 309 of the Civil Code of the Russian Federation, obligations must be fulfilled properly in accordance with the law and the terms of the obligation itself. In accordance with Articles 475 and 518 of the Civil Code of the Russian Federation, a buyer who has been supplied with goods of inadequate quality has the right to refuse to fulfill the supply contract and demand a return of the amount of money paid for the goods, except for the case when the supplier, who has received notification from the buyer about the shortcomings of the goods supplied, will promptly replace the supplied goods with goods of adequate quality. The supply of goods of inadequate quality to Omega LLC by Torgovaya LLC is confirmed by an inspection report of the received goods dated November 15, 2021, in which Torgovaya LLC refused to participate.

Based on the foregoing, Omega LLC demands that Torgovaya LLC, no later than three working days after receiving this claim, but no later than November 30, 2021, replace the delivered goods with goods of proper quality that correspond to the buyer’s request. Otherwise, Omega LLC will be forced to demand termination of the supply contract, return of the amount paid for the goods and recovery of interest for the use of other people's funds in court.

CEO

A.V. Ivanov

How to return a product of inadequate quality during the warranty period

There are cases when a purchased device breaks down or shows a defect after 14 days from the date of purchase. In this case, it is also possible to return your funds or exchange it, but it will take much longer. After the 14-day period, warranty service comes into force. If the purchased product is under warranty, you must take it to the seller and issue a receipt to the service center. In this case, be sure to have a receipt, a complete set and a whole package with you. After the technical inspection, the service center specialist draws up a technical inspection report indicating the breakdowns and the impossibility of repair or lack of spare parts. Based on this act, an exchange or refund is made in the store. In this case, the application form changes slightly.

Required list of documents:

• Application for a refund for a defective product.
• Technical examination report.
• Certificate of return of goods to the store.
• Certificate of return of funds by the seller.
• Passport.

Applications for the return of low-quality goods can be found here.

Application for return of unsuitable goods

The essence: the buyer brought unsuitable clothes, shoes or a set of dishes. He has 14 days to return in a regular store, and 7 days on the Internet. In what cases is the seller obliged to pick up the purchase and return the money, and when not, we have exhaustively described in the article about returning a quality product.

Response time: in a regular store, the seller returns the money within three days from the date of the buyer’s request. When purchasing online - within ten days - Art. 25 and 26.1 of the Law.

What to do: if the product is returnable and the seller agrees to return the payment, you don’t have to write a response. It is enough to keep the buyer’s statement, the act of returning the item and the money back receipt.

Article about sales rules for an online store

Return of goods by agreement of the parties

If, after using the product during the warranty period, you are not satisfied with the operation of the device or it has been subjected to repeated repairs and the defect has not been eliminated, you can still return it to the store. To do this, you must immediately contact the consumer protection department and write a claim for the return of a defective product, in which you must indicate in detail its name, cost and the defect that has not been eliminated. Also, these documents should be supported by certificates and opinions from the service center. Then you need to send this claim to the store where the purchase was made. After the review and review procedure, a response is sent in writing to the buyer’s address. Only after receiving a positive response will you be able to exchange the product or get your money back.

Required list of documents:

1. Application for return of defective goods.
2. A claim for the return of low-quality goods in any form with explanations of the reasons for the return, set out in any form.
3. Written approval for return or exchange.
4. Receipt for exchange or return of funds.
5. Certificate of return of goods to the store.
6. Certificate of return of funds by the seller.
7. Passport.

It is generally accepted that sellers are reluctant to return money and there is not always the possibility of an exchange. This is a misconception. Knowing your rights, which are set out in the Law on the Protection of Consumer Rights of the Russian Federation, you will be able to defend them, observing all the rules of purchase and sale. Keep the receipt of payment during the entire warranty period, carefully examine the product within 14 days, save the packaging and accompanying documentation. Most importantly, the product should not show signs of use. If you follow these simple rules, you can always protect yourself.

Claim for return of goods

In practice, a sample complaint to the supplier has been developed, which includes all the necessary information. Let's take a closer look at how to make a claim for a defective product and the main points that need to be taken into account when making it.

1. A complaint about the quality of a product to a supplier contains details of the purchase: date, time and place.
2. Describe the main characteristics of the purchased product: name, model, brand, dimensions, color, equipment, and so on.
3. Describe the product's shortcomings. It is recommended to separately indicate that it cannot be used for its intended purpose due to identified defects.
4. Conclusions (this product is of poor quality and must be returned because...)

After the descriptive part, the operative part begins, consisting of a list of requirements. Here you must indicate either the bank details by which the money should be transferred or clarified, or the desire to receive the money in cash. The document must be drawn up in two copies. One of them is given to the seller, and the second with a receipt mark remains with the buyer. The sample claim for product quality contains the name of the store - it is important to indicate it correctly.

• return the cost of the goods;
• replace the product;
• pay expenses;
• compensate for moral damage.

Practical example of preparing accounting entries No. 1

Limited Liability Company "Solntse" ordered the supply of fire hoses for resale from the supplier "Zori" LLC. The total order price is 150,000 rubles, incl. VAT 18% - RUB 22,881.35. The goods were delivered on time, but the warehouse manager identified a shortage of products in the amount of 17,000 rubles, incl. VAT 18% - RUB 2,593.22. Based on the fact that the sleeves were not delivered, a demand was sent for the return of the transferred payment for the goods.

Accounting entries in the accounting of Sun LLC:

• Dt60 Kt: 150,000 rubles – the supply agreement is fully paid by the buyer by bank transfer;

• Dt41 Kt: 133,304.87 rubles – the received products have been entered into the warehouse;

• Dt19 Kt60: RUB 20,288.13. – input VAT is taken into account;

• Dt76.02 Kt60: 17,000 rub. – a claim was sent to Zori LLC;

• Dt51 Kt76.02: 17,000 rubles - the supplier satisfied the buyer’s requirements and returned the overpaid funds to the buyer.

Debt adjustment: mutual settlement has been made between the organizations “Solntse” and “Zori” in full, there are no debts under the agreement.

How long to wait after filing a claim?

Once the claim is served or mailed, you will wait for something to happen.

There are three options for the development of events:

1. You will be contacted to resolve the dispute (they will call you and send you a response to the complaint).
2. You will be sent a written refusal to satisfy your requirements.
3. You will be ignored.

You can track when the contractor received your shipment (or did not receive it) here using the track number (it is written on the Russian Post receipt).

In the search bar, write the track number (RPO number) and click on the magnifying glass icon.

This way you will find out whether your postal item reached the addressee's post office and whether he received it or not.

Complaint to the manufacturer: content, procedure and deadlines for filing

A claim to the manufacturer is a written demand to the organization that manufactured the product (plant, factory, individual entrepreneur, etc.), which is sent to management in connection with a violation committed against the applicant (in this case, defects or shortcomings of the product).

A claim for defective goods must contain:

• complete information about the manufacturer and applicant;
• a detailed description of the identified deficiencies;
• clear buyer requirements.

According to the law (Article 21), 7 days are given to replace a defective product from the date of presentation of the demand. If it is necessary to check the quality of the product, the manufacturer can conduct an examination (term - 20 working days).

Important: if the warranty period is not established, the buyer has the right to file a claim within two years; the same filing period is maintained upon expiration of the warranty period if the buyer is able to prove that the manufacturer is the culprit of the identified defect.

Response to the complaint and further actions

The response to the claim must be provided within 10 days. Lack of response is considered as a refusal to resolve the dispute through a claim procedure and is the basis for transferring the consideration of the dispute to the court.

Important: the claim must be transferred to the addressee in the proper manner - against signature or by registered mail with a list of attachments and notification.

Our experienced lawyers will help you competently draw up a claim against the manufacturer and formulate an error-free line of behavior in such a confrontation:

Consumer rights when defects are discovered in a product

Federal Law No. 2300-1 “On the Protection of Consumer Rights,” adopted in 1992, enshrines the buyer’s right to satisfy the following requirements when deficiencies or defects are detected in the purchased product (Article 18):

• replacement of the product with the same or similar one (with mandatory compensation for the difference in price);
• repair/elimination of product defects at the expense of the enterprise or reimbursement of third party services;
• price reduction is proportional to the defect of the product;
• returning the product and receiving a full refund.

The first step to exercise this right is to file a claim.

Documents for a claim for defective goods

They are indicated under the consumer requirements.

These documents confirm the purchase of low-quality goods from a specific seller . Such documents are:

• sales and cash receipts;
• warranty and invoice coupons;
• technical passports.

If the applicant does not have all of the above, then you need to confirm the fact of the purchase by finding witnesses who can give such testimony.

Copies of these documents are attached to the claim, since the originals are presented in court (if the case comes to trial).

No one is immune from purchasing a low-quality product or service.

Often consumers do not know their rights, and are therefore afraid to express their complaints to the seller.

A good knowledge of your rights, as well as their correct use, is the key to the buyer’s success.

A formalized pre-trial claim significantly reduces the duration of the trial, and its absence makes it impossible to collect a fine or penalty in favor of the applicant.

See also in this article how to collect alimony penalties.

Application to replace a defective product with a new one

The bottom line: the product is defective. The buyer is ready to leave money to the store, but exchange the item for a new one. For exchange rules, read the article on returning low-quality goods.

Response time: the general rule is that the product is replaced within seven days from the date of the buyer’s application. If a quality examination is needed, up to 20 days. When a product is out of stock and you have to wait for delivery - up to a month, and in the Far North - until the next delivery. The deadlines are written in Art. 21 of the Law.

What to do: when exchanging, keep the application, the act of exchange and receipts if the price was recalculated.

Features of a claim for low-quality goods

A consumer claim is a buyer’s demand, stated on paper, to the manufacturer (seller) of a product or service.

It must be presented in writing!

In the first paragraphs of this document, the victim notifies the seller that the goods sold to him turned out to be of poor quality (has a defect), or writes that the service provided to him does not comply with the contract.

For example, the work was carried out in violation of the prescribed deadlines, was not completed in full, or other consumer rights were violated.

After stating the essence of the problem, in a document according to the law of the Russian Federation (see above), the buyer indicates a claim: to return the funds spent on the purchase of unsuitable goods, or demands for replacement, warranty repair of low-quality products.

Application for refund of advance payment for undelivered goods

The bottom line: the buyer was waiting for the goods with prepayment, but the store did not deliver it on time. The client has the right to ask for money back, as well as losses and penalties of 0.5% of the prepayment for each day of delay. Losses may include overpayment for an urgent order in another store or taxi costs. These are the rules from Art. 23.1 of the Law.

Response period: prepayment, penalties and damages are returned within ten days from the date of the client’s application.

What to do: the buyer is denied a return if he himself is to blame for the delay. For example, he did not open the door for the courier, although he called in advance. The refusal will be reported in writing. If the money is returned, keep the application, the return receipt and checks confirming losses.

Practical example of preparing accounting entries No. 2

According to the supply agreement, between Shield LLC and Mech LLC, payment for the delivered products must be made no later than the day following the day the goods arrive at the warehouse. The agreement between the companies provides for a penalty in the amount of 0.01% of the price of the goods for each calendar day of late payment.

Delivery cost - 70,000 rubles; the goods were delivered to the warehouse of Shield LLC on June 10, 2018, payment to the supplier was received on June 19, 2018.

Calculation of the penalty: 70,000 * 0.01 * 9 = 6,300 rubles.

Accounting entries in the accounting of Shield LLC:

• Dt91.02 Kt76.02: 6,300 rubles – the supplier’s claim for failure to pay for goods on time is displayed;

• Dt76.02 Kt51: 6,300 rub. – the accrued penalty was paid in full.