Examination of goods of inadequate quality: the procedure for conducting, concluding

There are many products that you can not check when you purchase. Sometimes the shortcomings appear only after several times of exploitation. The seller also can not always know for sure about the conformity of the products.

Therefore, if shortcomings are detected, the goods are returned in accordance with the standard procedure, which is provided in most stores. The Law "On the Protection of Consumer Rights" contains the terms according to which the products are returned or exchanged at the place of purchase.

In the trade organization may doubt that the product was spoiled initially, and not in the process of inaccurate use. Then, examination of goods of inadequate quality can be assigned to identify the true causes of the appearance of deficiencies.

The basic Law

The main legislative act regulating the relationship between the seller and the consumer is the Federal Law "On Protection of Consumer Rights". If problems arise with the goods, then this legal act is guided in their further actions. It is desirable to know all buyers to behave correctly in this or that situation, if there are problems with the purchased products.

The procedure for the return of goods is described in the second chapter of the law, which deals with the situation between the buyer and the seller. In most cases, the latter should satisfy all customer requirements.

So, suppose, it turned out that a defective product was purchased. What to do in this situation?

What is expertise for the buyer?

The buyer has the right to demand that an examination of the goods of inadequate quality be carried out. It is conducted with the aim of returning the money spent, as well as protecting its interests. But it often happens that, despite existing laws, sellers prevent buyers from implementing their rights.

Therefore, in order to achieve justice, you need to understand the problem and be able to solve it. First, we determine what it means - improper quality.

About improper quality

The concept means that the product purchased had a number of shortcomings, of which the buyer, of course, did not know. In addition, the description does not contain any reservations regarding this defect.

The law says that among the shortcomings of the goods are recognized inconsistencies:

• Requirements of the law;
• Conditions of agreement between the seller and the consumer;
• General requirements for this product;
• The purposes of the buyer;
• Description of the goods specified at purchase.

A significant defect occurs if:

• It is irremovable;
• Occurs again after the attempt to correct;
• Work can cost more than the product itself.

Thus, it turns out that the goods of inadequate quality do not correspond to the declared properties and during operation it can not be used for its intended purpose.

Automatically it becomes any product that has expired, because the seller has no right to sell it. The same is recognized for the product, if it has not determined the service life, although it should be the type.

If deficiencies arise as a result of misuse or force majeure, then the product can not be called substandard.

In the case of a cut-price product, information should be provided on the reasons for the reduced price. The consumer in this case has the right only to eliminate those shortcomings, because of what the cost is lowered, and only when they reappeared after the purchase. But the return of such goods is not provided.

The beginning of the way

So, if the law is on the buyer's side, you can demand that a complaint book be provided and an examination of the goods of inadequate quality is carried out. At the same time, the seller is obliged, without asking unnecessary questions, to accept the goods and implement the corresponding procedure.

The result of product research will be the main proof of the consumer's rightness. After that, the conflict is exhausted.

If the sale is carried out under a license, then the examination of the goods of inadequate quality is borne by this organization. It can be considered a successful outcome, when the seller agrees to hold it immediately. However, then you should be vigilant and make sure that he notes this fact directly on the sales receipt.

Often, instead of research, repairs are carried out according to the warranty service. Then, naturally, the buyer is deprived of the right to demand the return of his funds. Therefore, it is important to check that a note on the examination is mandatory.

Claim

If you refused to conduct the research, do not be upset. The next step is to write a claim. This document is issued in free form on an A4 sheet in the name of the head of the organization.

It indicates the grounds for which it is required that the examination of goods of inadequate quality is conducted, and also the unreasonable refusal of sellers to be provided. In addition, the defect of the purchased products is described. Do not accept such a document in the store do not have the right.

The time for consideration of the claim is from two to seven days (workers). In most cases, the result will be a positive decision, because no organization will suicide with buyers.

Registration of products for research

The goods are made out for research. In this case, it should be noted his desire to personally attend the procedure. This can be written directly in the claim or reflected in a separate application.

This desire is not mere curiosity. There are cases when the conclusion of the examination is frankly fabricated, and the buyer is handed back the things back after the period that was appointed for it. Therefore, the view of the direct interested person will be quite superfluous. When the goods are accepted for research, the consumer receives a receipt.

But if there was a rare case when the claim was rejected, you can safely write a statement of claim in court, while notifying the society "Consumer Rights Protection". The positive outcome of the case is very likely.

Procedure

When the first stage is over, and a decision has been made about the designation of the study, you can wait for the shipment of the goods. It should be noted that it is the seller who is obliged to transport it to the necessary place and, of course, for free.

Examination of the goods is carried out by the store staff, if it is a question of a product that is technically simple. In another case, experts are invited from the service center.

Usually, the seller does not have enough knowledge to find and characterize the defect. Therefore, it is better to immediately insist on the invitation of a specialist.

The personal presence of the buyer, as a rule, contributes to more thorough research.

Inspection begins with the use of special tools. It consists of three steps:

1. Internal inspection. In this case, remove the lid and study the elements that are inside. Carry out a general inspection, pay attention, whether there are impacts, chips and damage from interaction with water.
2. The external examination consists in the view "from the side". The thing is being examined under a magnifying glass for scratches. If everything is normal, then go to the final step.
3. Check the product for its performance. In this case, all functions and capabilities of the device or things should be examined according to the instruction and the declared description. Special attention is paid to the consumer's complaint, because it was because of her that an independent examination of the goods was appointed.

Outside organization

Research can be carried out not only in the store. Sometimes it is better for both parties if the goods are sent to a specialized examination center. Then the buyer will be sure that the seller will not deceive him. The latter, in turn, with confidence in his innocence is also interested in a highly qualified assessment of a specialist.

If the center of examinations is appointed as the venue for the procedure, the following points become advantages for the consumer:

1. Confirmation of quality is documentary.
2. Obtaining evidence for further trial in court.
3. Advocating for his rightness.
4. The possibility of obtaining another, quality product.

Experts who received an education in the specialty "Commodity research and examination of goods" and working in the relevant centers, will become the best appraisers for the seller. After all, in this case there are advantages to this person:

• The exclusion of the fault in the existing defect;
• Preservation of reputation;
• Saving money.

Timing

But this point in the law, unfortunately, is not prescribed clearly. Guided by this rush, unscrupulous sellers can drag on for a while. But most of the time takes from one and a half weeks to a month (although in some cases it reaches 45 days).

If the goal is a return of funds, then you have to wait about ten days. However, if you have a valid reason for a commodity examination to be carried out in the coming days, you should indicate this in the claim, send it to the sales manager.

One has to be prepared for the fact that experts do not always meet deadlines. Often they recall the need for research only a couple of days before sending back, and sometimes extend the date.

At the same time, if you go further and file a statement of claim, then this negligence will play into your hands. Even for untimely sending and slowness, a court can award a penalty.

On the consequences

Suppose that the commodity examination is passed, and the buyer reads in the conclusion the fact that the defect really was, and the guilty party is the seller.

Then the consumer has the right to return his money. The maximum period in this case is 10 calendar days. This is directly enshrined in law, so no one will be able to prohibit the implementation of the action.

If there is no desire to return money, then the goods can be exchanged for the same, but which has really high quality. The delivery should be free of charge. At the same time, it is not superfluous to make sure that the warranty card is new, and not transferred from the problem copy.

But the examination of consumer goods can have a different result. If it turns out that the seller is innocent of the defect, the work will have to be paid to the buyer. In addition to the expertise, the cost of transportation must also be covered.

Conclusion

Every consumer should know and be able to protect their rights. Therefore, it is not at all necessary to apply for advice to a lawyer on all issues. It is only necessary to make efforts and achieve what the buyer has the right to expect: to receive goods that have high quality.

But even if it turns out that the seller is innocent, and in the end, for the examination will have to pay out of his own pocket, the consumer will receive an excellent experience, and in the next similar situation he will know exactly what to do in order not to be in loss.