When returning goods of inadequate quality, or more simply - defective, the seller is obliged to return the money to the buyer, as prescribed in Art. 18 of the Federal Law "On Protection of Consumer Rights". The law also allows that, in case of doubt, the seller is obliged to pay for an independent examination and make sure that the goods were damaged through no fault of the buyer. The buyer can also order an independent examination; if he is right, he will have to receive from the seller a refund not only for the cost of the goods, but also for an independent examination.
Instructions
Step 1
If your first application with a request to pay money for a defective product was refused and offered to conduct an examination, you can order it yourself if you doubt the integrity of the examination that the seller will conduct. The cost of an independent examination is usually 10% of the price of the goods. If you have purchased an expensive item that turned out to be defective, then an expert assessment may cost you a pretty penny. You must return all the money spent.
Step 2
When the manufacturing defect of the product is officially documented, write a reapplication for a refund of the money paid for the product and an independent examination. Refer to clause 1 of Art. 18 of the law, which states that the seller is obliged to fully compensate for the costs of its implementation.
Step 3
Send the application to the address of the trade company where the product was purchased. Make a copy of the expert opinion, and attach the original to the application with a copy of the payment receipt. In the overwhelming majority of cases, this is where the misadventures of the buyers end, and the seller fully meets their requirements.
Step 4
When this did not happen, and your claims were not satisfied, go to court with a claim for the recovery of funds. You will spend a lot of time on this procedure, but it will be worth it - the amount of interest will also be added to the originally declared amounts of payments. And it is 1% of the total amount owed for each overdue day. But that's not all: according to Art. 23 of the law, you can also ask the court for compensation for moral damage caused to you. Its value may exceed the amount of the claim.
Step 5
If you go to court, you, as a consumer, will not have to pay a fee. Choose any court of your choice, your right is established in Art. 17 of the law. In the event that you provide the court with all the necessary evidence of your innocence, you have every chance of winning the case.
