LawRegulatory Compliance

How to make an exchange of goods, if its quality did not suit you

Surely, each of you faced with a situation where the buyer suffers from misconduct of the seller, especially in the case of the return of substandard goods. It's not unfortunate, but such cases happen very often. And, if the exchange of goods is made because of its inconsistency with the declared qualities, the selling party at least takes any action. Much more difficult is the option, when the return is accompanied by explanations of the buyer that the thing did not like or did not fit. That's where most of the violations of the law occur.

An attempt to bypass the basic law that protects the rights of buyers, unfortunately, is not uncommon in the practice of unscrupulous producers or sellers. Therefore, before you decide on the exchange of goods, you must have at least a minimum of knowledge about the rights granted to the consumer. And it will not be superfluous to read the Consumer Protection Law in effect in Russia since February 1992.

Indeed, the aforementioned law states that a consumer has the right to make an exchange of goods for a similar one. But you can exercise your right with certain limitations. Quite reasonable refusal can be obtained if the reason for returning the goods does not comply with the list established by law. The list provided by the legislator is unconditional and can not be expanded. It includes the following reasons: the goods do not fit in the coloring, shape, shape, size, dimensions or in the package. All other claims can be left without consideration. If you are not satisfied with the quality of the purchase, the rules for the exchange of goods provide the opportunity within 14 days to contact the seller or the manufacturer. After this period, all your attempts to prove your case will not succeed.

One should also take into account the fact that the legislator defined two conditions for the realization of the right to exchange goods. The first and mandatory condition is the absence of signs of finding the goods in use, the safety of its consumer properties, the presence of factory seals and labels. Therefore, having bought the goods, try not to damage it when delivering it home and do not delete the labels. The second condition for the exchange is any document confirming the payment made. This is usually a cash or commodity check. But such a condition is optional, since the law stipulates that if the document about payment is lost, then the buyer has the right to refer to witnesses confirming the fact of the transfer of money to the seller. It should also pay attention to the existence of a list of goods, which for reasons mentioned are not subject to exchange at all.

Often the buyer loses interest in the goods and, instead of the proposed exchange, demands to return the paid money. But such a requirement is justified only if there is no similar goods on the sales day on the counter of the seller.

Some mistakenly take the right to replace the goods provided by law for warranty obligations. It is necessary to distinguish between these two concepts. By law, you can file a claim for the quality of the product or service for a certain period. But the legislator does not provide the right to demand a guarantee. Warranties are voluntary, and the manufacturer or seller places them on himself for various reasons. In some cases, this is an attempt to increase the attractiveness of products, in others - the desire to make your brand known. But in any case, the guarantee is nothing more than a marketing move to promote goods and services. That is why the exchange of goods under the guarantee is made by each seller according to their own rules. Although no one took the right to get acquainted with the terms of the provided guarantee from the consumer, and all that is required for a successful purchase is to study the proposed voluntary obligations in a timely manner.

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