I. GOODS WITH DEFECTS DETECTED DURING THE WARRANTY PERIOD
Claims for any goods, except technically complex ones.
1. Claim for the return of the amount (money) paid for goods with defects during the warranty period
More about the claim
Category: purchase and sale of goods
Product quality: defective, inadequate
Deadline for submitting a claim: during the warranty period
Requirement: return of the amount paid for the product (refund of money, sum of money), checking the quality of the product with the participation of the consumer
Addressee of the claim: sellers of any goods, except technically complex goods. Cell phones without a touch screen (push-button), e-readers, routers, computer components, microwave ovens (microwave ovens) are not included in the List of technically complex goods.
How to serve a claim, including if the seller refuses to accept it: recommendations
2. Claim to replace a defective product with another product during the warranty period
More about the claim
Category: purchase and sale of goods
Product quality: defective, inadequate
Deadline for submitting a claim: during the warranty period
Requirement: replacement of goods, checking the quality of goods with the participation of the consumer
Addressee of the claim: sellers of any goods (except for technically complex goods)
How to serve a claim, including if the seller refuses to accept it: recommendations
Claims for technically complex goods within 15 days, not counting the day of purchase
3. Claim for the return of the paid amount (money) for a technically complex product with defects within 15 days from the date of delivery of the goods, regardless of the significance of the defect
More about the claim
Category: purchase and sale of goods
Product quality: defective, inadequate
Deadline for submitting a claim: within 15 days from the date of delivery of the goods
Significance of the deficiency: does not matter, any deficiency of a production nature
Requirement: return of the amount paid for the product (refund of money, sum of money) for a technically complex product, checking the quality of the product with the participation of the consumer
Addressee of the claim: sellers of technically complex goods
How to serve a claim, including if the seller refuses to accept it: recommendations
For technically complex goods purchased before November 24, 2011, the old list of technically complex goods applies
For technically complex goods purchased on November 24, 2011 and thereafter, a new list of technically complex goods applies
4. Claim for replacement of technically complex goods within 15 days from the date of delivery of the goods, regardless of the significance of the defect
More about the claim
Category: purchase and sale of goods
Product quality: defective, inadequate
Deadline for submitting a claim: within 15 days from the date of delivery of the goods
Significance of the deficiency: does not matter, any deficiency of a production nature
Requirement: replacement of a technically complex product, checking the quality of the product with the participation of the consumer
Addressee of the claim: sellers of technically complex goods
How to serve a claim, including if the seller refuses to accept it: recommendations
For technically complex goods purchased before November 24, 2011, the old list of technically complex goods applies
For technically complex goods purchased on November 24, 2011 and thereafter, a new list of technically complex goods applies
Claims for technically complex goods with a delivery period of more than 15 days
5. Claim for the return of the paid amount (money) for a technically complex product after 15 days from the date of delivery of the product due to the discovery of a significant defect or the impossibility of using the product for more than 30 days
More about the claim
Category: purchase and sale of goods
Product quality: defective, inadequate
Conditions for filing a claim (one of the conditions or both at the same time):
- detection of a significant defect in the product
A significant drawback is:
1. fatal flaw
2. a defect that cannot be eliminated without disproportionate expense or time
3. a deficiency that is identified repeatedly
4. a deficiency that reappears after it has been eliminated
5. other similar shortcomings. The concept of a significant deficiency is explained in more detail in the Resolution of the Plenum of the Supreme Court No. 17 of June 28, 2012.
- the impossibility of using the product during each year of the warranty period for a total of more than thirty days due to repeated elimination of its various deficiencies.
The condition of repeated elimination of various deficiencies implies that by the time you contact the seller, two or more repairs have already been made (completed).
Deadline for filing a claim: after 15 days from the date of delivery of the goods, during the warranty period
Requirement: return of the amount paid for the product (refund of money, sum of money) for a technically complex product, checking the quality of the product with the participation of the consumer
Addressee of the claim: sellers of technically complex goods
For technically complex goods purchased before November 24, 2011, the old list of technically complex goods applies
For technically complex goods purchased on November 24, 2011 and thereafter, a new list of technically complex goods applies
How to serve a claim, including if the seller refuses to accept it: recommendations
6. Claim to replace a technically complex product with another product after a 15-day period from the date of transfer of the product due to the discovery of a significant defect or the impossibility of using the product for more than 30 days
More about the claim
Category: purchase and sale of goods
Product quality: defective, inadequate
Conditions for filing a claim (one of the conditions or both at the same time):
- detection of a significant defect in the product
A significant drawback is:
1. fatal flaw
2. a defect that cannot be eliminated without disproportionate expense or time
3. a deficiency that is identified repeatedly
4. a deficiency that reappears after it has been eliminated
5. other similar shortcomings. The concept of a significant deficiency is explained in more detail in the Resolution of the Plenum of the Supreme Court No. 17 of June 28, 2012.
- the impossibility of using the product during each year of the warranty period for a total of more than thirty days due to repeated elimination of its various deficiencies.
The condition of repeated elimination of various deficiencies implies that by the time you contact the seller, two or more repairs have already been made (completed).
Deadline for filing a claim: after 15 days from the date of delivery of the goods, during the warranty period
Requirement: replacement of a technically complex product, checking the quality of the product with the participation of the consumer
Addressee of the claim: sellers of technically complex goods
For technically complex goods purchased before November 24, 2011, the old list of technically complex goods applies
For technically complex goods purchased on November 24, 2011 and thereafter, a new list of technically complex goods applies
How to serve a claim, including if the seller refuses to accept it: recommendations
7. Claim for the return of the amount paid for a technically complex product due to the violation by the seller, who accepted the product for repair, of the deadline for eliminating the defect
More about the claim
Category: purchase and sale of goods
Product quality: defective, inadequate
Condition for filing a claim:
violation of the repair period established by contract or law
Elimination of the deficiency must be carried out:
1. within the period determined by agreement of the parties in writing, which cannot exceed forty-five days
2. immediately, that is, within the minimum period objectively necessary for elimination, taking into account the method usually used, in the absence of a written agreement regarding the period
Deadline for submitting a claim: the next day(s) after the expiration of the period established by the contract or the 45-day period
Requirement: refund of the amount paid for the product (refund of money, sum of money) for a technically complex product
Addressee of the claim: sellers of technically complex goods
How to serve a claim, including if the seller refuses to accept it: recommendations
8. Application to the service center for refusal of repair due to violation of the warranty repair period established by the contract or law
More about the claim
Category: purchase and sale of goods
Product quality: defective, inadequate
Condition for filing a claim:
violation of the repair period established by contract or law
Elimination of the deficiency must be carried out:
1. within the period determined by agreement of the parties in writing, which cannot exceed forty-five days
2. immediately, that is, within the minimum period objectively necessary to eliminate them, taking into account the method usually used in the absence of a written agreement regarding the period
Deadline for submitting a claim: the next day(s) after the expiration of the period established by the contract or the 45-day period
Requirement: refusal to repair due to exceeding the repair period established by the contract or law
Addressee of the claim: authorized organization or individual entrepreneur - service center
How to serve a claim, including if the seller refuses to accept it: recommendations
9. Claim for a refund of the amount paid for a technically complex product due to the service center violating the deadline for eliminating the defect
More about the claim
Category: purchase and sale of goods
Product quality: defective, inadequate
Condition for filing a claim:
violation of the repair period established by contract or law
Elimination of the deficiency must be carried out:
1. within the period determined by agreement of the parties in writing, which cannot exceed forty-five days
2. immediately, that is, within the minimum period objectively necessary for elimination, taking into account the method usually used, in the absence of a written agreement regarding the period
Deadline for submitting a claim: the next day(s) after the expiration of the period established by the contract or the 45-day period
Requirement: refund of the amount paid for the product (refund of money, sum of money) for a technically complex product
Addressee of the claim: sellers of technically complex goods
How to serve a claim, including if the seller refuses to accept it: recommendations
NTVP "Kedr - Consultant"
LLC "NTVP "Kedr - Consultant" » Services » Legal consultations » Protection of consumer rights » Is it possible to make a claim for a purchased product if there is no sales contract?
Citizen S-nov bought goods without concluding a sales contract or a contract for the supply of goods, and has only a copy of the invoice and delivery note for the goods received.
Question: Will the invoice with the signature and seal of the recipient of the goods - the buyer - be proof of the transfer of the goods? Is it possible to write a claim to the recipient of the goods?
Lawyer's answer.
According to paragraph 1 of Article 8 of the Civil Code of the Russian Federation, civil rights and obligations arise from contracts and other transactions provided for by law, as well as from contracts and other transactions, although not provided for by law, but not contrary to it. According to Art. 161 of the Civil Code of the Russian Federation, transactions of legal entities between themselves and with citizens must be made in writing. However, failure to comply with a simple written form entails the invalidity of the transaction only in cases expressly provided for by law or in the agreement of the parties (Article 162 of the Civil Code of the Russian Federation).
Failure to comply with the simple written form of the contract in this case does not affect the validity of the transaction. The parties actually entered into a transaction for the purchase and sale of goods. According to Article 454 of the Civil Code of the Russian Federation, under a purchase and sale agreement, the seller is obliged to transfer ownership of the goods to the buyer, and the buyer is obliged to accept the goods and pay the price for them.
The fact that there is a contractual relationship between the parties for the purchase and sale of goods is confirmed by the fact that the seller transferred the goods to the buyer on the basis of an invoice, and the buyer accepted the goods on the basis of this invoice. There are invoices signed by the parties.
Thus, the seller fulfilled his obligations to transfer the goods to the buyer properly.
Taking into account the above, the seller has the right to make a claim against the buyer.
In order to confirm the transfer of goods, you can provide invoices containing the signatures of the defendant’s employees and a stamp, as well as the necessary information about the TIN, OGRN and his registration as an entrepreneur.
The above procedure does not contradict the rules of paragraph 1 of Article 182 of the Civil Code of the Russian Federation, which provide that the authority may be evident from the situation in which the representative operates (retail salesperson, cashier, etc.). This, in particular, is stated in the Resolution of the Federal Antimonopoly Service of the Volga-Vyatka District dated October 20, 2009 in case No. A79-8719/2008.
Based on invoices, claims can be made against the supplier or buyer, for example, if the latter does not pay for the goods. In fact, we can conclude that it is a one-time agreement, which is confirmed by judicial practice.
The Resolution of the Federal Antimonopoly Service of the Volga-Vyatka District dated October 16, 2009 in case No. A43-4178/2009 states the following. These invoices contain information about the name, quantity and price of the goods, which are essential terms of the purchase and sale agreement. Consequently, the courts of two instances rightfully qualified the transfers of goods as one-time purchase and sale transactions.
LLC “Khlebnaya did not provide evidence of payment for the received inventory items, therefore the court rightfully satisfied the claims...”
In general, the transfer of goods under an invoice, which does not contain a reference to the supply agreement, indicates a one-time purchase and sale transaction.
Based on the above, it is recommended to file a claim. The text of the complaint was drawn up by a lawyer.
Lawyer Maria Mikhailovna Yakovleva, [email protected]
Answer given in 2011
II. PRODUCTS WITHOUT WARRANTY OR WITH AN EXPIRED WARRANTY WITHIN 2 YEARS
10. Claim for a refund for goods for which a warranty period was not established and no more than 2 years have passed since the transfer of the goods, or the warranty period has expired, but not 2 years have passed from the date of transfer of the goods
More about the claim
Category: purchase and sale of goods
Product quality: defective, inadequate
Deadline for filing a claim: upon expiration of the warranty period, within 2 years from the date of transfer of the goods, in the absence of a warranty period, within 2 years from the date of transfer of the goods
Requirement: refund of the amount paid for the product (refund of money, sum of money)
Addressee of the claim: sellers of any goods (except technically complex goods)
Feature: the claim must be accompanied by a specialist’s opinion on the presence of a manufacturing defect in the product and a copy of the document confirming payment for the examination of the product
How to serve a claim, including if the seller refuses to accept it: recommendations
11. Claim for replacement of goods for which a warranty period was not established and no more than 2 years have passed since the date of transfer of the goods, or the warranty period has expired, but not 2 years have passed from the date of transfer of the goods
More about the claim
Category: purchase and sale of goods
Product quality: defective, inadequate
Deadline for filing a claim: upon expiration of the warranty period, within 2 years from the date of transfer of the goods, in the absence of a warranty period, within 2 years from the date of transfer of the goods
Requirement: replacement of goods
Addressee of the claim: sellers of any goods (except technically complex goods)
Feature: the claim must be accompanied by a specialist’s opinion on the presence of a manufacturing defect in the product and a copy of the document confirming payment for the examination of the product
How to submit a claim, including if the seller refuses to accept it: recommendations 11. Claim for replacement of goods for which a warranty period was not established and no more than 2 years have passed since the transfer of the goods or the warranty period has expired, but not 2 years have passed since day of delivery of goods
