Article 23.1 of the Law of the Russian Federation "On Protection of Consumer Rights" provides for the possibility of refunding an advance payment for goods. To do this, you only need to correctly conclude an agreement.
Instructions
Step 1
Be sure to draw up and sign a contract for the purchase of goods with an advance payment. Indicate the amount of the prepayment. Also, try to get the seller to issue a receipt, which will indicate the amount you paid and the period during which the goods should get into your hands. This agreement and the receipt (cashier's check) will greatly facilitate the return of the amount you paid. All contracts must be concluded in at least two copies, one of which will remain with you, the second with the seller.
Step 2
If before the date specified in the contract, you have not received your goods, contact the seller with a request for a refund of the prepayment amount. The advance payment must be returned in full. In addition, the delivery date can be postponed. To do this, draw up an additional agreement. It can also provide for moral damage for violation of the terms in the future.
Step 3
Make a request in writing, indicating in it the name of the goods, the time when the goods were to be delivered, the date of the advance payment, the exact price of the goods. Attach a copy of the contract and a receipt to the request, state what your rights have been violated, demand compensation for damages (if you had to purchase a similar product elsewhere at a higher price), moral damage, late payment interest. Now address the request to the name of the seller, make sure that the secretary records the appeal in the register, putting a mark of receipt on your copy. You can also send it by registered mail with return notification.
Step 4
If the seller has not responded to your request, you can go to court within ten days. When writing a statement of claim, be sure to enter the amount of the prepayment made, the amount of losses, moral damage and penalties. Attach the contract and requirements, pay the state fee and wait for the court's decision.
