Return of electrical goods according to the law

According to the Consumer Protection Law, most goods of poor quality can be returned to the store. The best period is within 14 days, not counting the day of purchase.

For most food products, medicines, household goods, etc. the warranty period has been established. This is especially true for technical devices. In this article we will look at how a guarantee for electrical goods occurs under the law.

How to return an incorrect product to the store? In what time frame can this be done? Can electrical goods of good quality be returned? Where to file a claim or complaint? What procedure should be followed for a positive decision in favor of the buyer? We will answer these and other questions below.

Warranty for electrical goods by law

The obligation of the store or manufacturer to ensure the quality of the product. For this purpose, the law establishes a warranty period.

By the way, it does not apply to all product categories.
If the warranty period is not established, then the consumer is obliged to prove that the device has become unusable due to a manufacturing defect. Moreover, in this case the equipment can be handed over within 2 years.
The warranty period begins from the date of purchase by the end consumer. If it cannot be precisely determined, then it begins from the moment of production by the manufacturer. If you purchase a product in an online store, the warranty period begins from the moment of delivery, unless otherwise specified in the contract. Please note that the time for correcting deficiencies varies from 30 to 45 days.

ATTENTION! The manufacturer cannot by law extend the warranty period. But there is a small nuance. The buyer can obtain an additional warranty from the store. By the way, all the rules and conditions in this case are set by the store. Additional warranty fees apply.

Article 20 of the law on “Protection of Consumer Rights” states that the warranty period is extended if the item is submitted for repair. Moreover, certain spare parts may have their own deadline. Let us turn to Article 21 of the law on “Protection of Consumer Rights”. She informs that if the product is replaced with a new or similar one, the warranty period will be calculated again. Likewise in case of additional payment for another product.

Components can be replaced regardless of the main product if they have their own warranty.

Warranty for technically complex goods

• Vehicles equipped with both an internal combustion engine and an electric motor, regardless of their mode of travel - by air, water, snow or land;
• Mechanical means and their elements equipped with the same types of engines, designed and sold for agriculture - both private and on a public scale;
• Navigators and communication devices for household use, equipped with touch screens of any type, including smartphones;
• Any types of electronic computers (computers) found on the market - personal computers, monoblocks, tablets, laptops, etc.;
• Multifunctional devices (MFPs) designed for copying/printing/reproducing graphic information (combining the functions of a scanner, printer and copier);
• Monitors equipped with a digital control unit, as well as game consoles, televisions, projectors, video and photo recording equipment;
• Digital photo and/or video recording equipment, including additional equipment (lenses);
• Supplied with accessories for receiving satellite television channels;
• Any complex household appliances (dishwashers, refrigerators, microwave ovens, vacuum cleaners, cooking stoves, ovens, water heaters, etc.).

If, after you present a claim to the seller, he does not agree to carry out repair work under warranty, exchange the product for one of the same good quality, or return the money previously spent to you (provided that you applied for an exchange/return before the expiration of the period specified by the legislator), you should take the steps described below:

• from the date fixed in the contract;
• from the moment the purchased device reaches the consumer;
• if it is not possible to accurately determine the moment of transfer, from the moment of production;
• if there is a discrepancy between the moment of completion of the transaction and receipt of the goods, from the day of delivery to the buyer;
• if, due to the fault of the seller, it is not possible to use the product for its intended purpose, from the date of troubleshooting;
• from the onset of the season, when seasonal goods are purchased;
• from the date of purchase and sale, when it is impossible to determine the day of delivery or the day of elimination of defects.

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Purchasing a product remotely is different from purchasing it at a regular point of sale in that during the transaction, it is impossible to fully familiarize yourself with the product. Therefore, when purchasing remotely, in accordance with Part IV of Article 26.1 of Law No. 2300-1, a technically complex device can be returned no later than a week from the date of delivery.

• information about the retail outlet or manufacturer that accepted the goods;
• personal and contact information of the consumer;
• information about the product and its serial number;
• description of appearance;
• completeness;
• purpose of delivery;
• deficiencies that need to be eliminated;
• date of receipt of the application.

1. If minor defects in appearance or technical parameters are discovered, you can file a claim within 15 days from the date of purchase of the household device.
2. If serious defects are discovered that prevent the product from being used for its intended purpose, the buyer may contact the seller or manufacturer during the warranty period. If there is no warranty coupon, a return is possible within two years after purchasing the product.
3. If repair deadlines are violated, that is, more than 45 days, the consumer has the right to file a claim.
4. The buyer can count on a refund if the equipment was constantly under repair and was ultimately used for its intended purpose for less than 30 days within one year.

For seasonal goods (shoes, clothing and others), these periods are calculated from the onset of the corresponding season, the onset of which is determined accordingly by the constituent entities of the Russian Federation based on the climatic conditions of the location of consumers.

• do not sign the warranty card without reading its contents;
• if something is not clear, ask the seller;
• check the correctness of the warranty card: as a rule, it should contain the following information: place of purchase, date, seller’s signature and store seal, as well as information about the warranty repair shop or service center.

How is the warranty period calculated?

As a rule, these are specific periods calculated in days, months or years. But the law does not establish certain limits for some types of goods. For example, household goods - pots, pans, etc. It is understood that the warranty period is determined by the buyer or manufacturer independently.

Some types of electrical appliances are calculated in other units. For example, for a car engine this is the mileage, for a camera it is the number of shutter clicks. For external hard drives, these are operating hours. Some models maintain a lifespan of up to 1 million hours.

But the most common warranty period is a year or two. Pay attention to the components. Sometimes the body is covered by one warranty and the parts are covered by another. In rare cases they are measured in different units.

ATTENTION! If the warranty period is not established, then you can return it within 2 years. This will require evidence from the user with the involvement of independent experts.

Also, some parts are classified as consumables, such as attachments, and they will have a short shelf life.

Electronics return policy

According to current legislation, not all electrical goods of proper quality can be returned to the store. Retail outlets are based on the List of Government Resolution No. 55. Let's list the main positions:

1. Video and audio player.
2. Gas stove.
3. Washing machine and dishwasher.
4. Landline phone.
5. Camera.
6. Wood processing machine.
7. Electronic computer technology.

Accordingly, if any defect or defect is not found, the store will reject the return or exchange. There are rare situations when this is possible, but the buyer must be in good standing with the store and be a regular customer. Moreover, the total amount of goods is impressive. In general, stores leave exchanges at their own discretion.

Poor quality

The situation is different with defective goods . Of course, the store will offer to check and repair it, but if this is not possible, then under the terms of the warranty it is obliged to make an exchange or refund. Let us note the basic rules that should be followed:

• During unpacking and operation, it turned out that the electronics did not work or did not meet the stated technical specifications. Moreover, it may take more than 14 days. The equipment will be sent to a service center for inspection. Large companies usually have their own.
• If the repair or replacement of components under warranty lasts more than 45 days, the buyer can count on a refund or replacement of the product.
• When deficiencies are identified, the buyer is forced to frequently seek service or repair of store-bought electrical goods. Moreover, in total he used it for no more than a month.
• During the inspection or examination, it was revealed that the repair or replacement of components exceeds the price of the product or is not at all advisable.

In most cases, a warranty card, the product itself, and a receipt are sufficient to send for repairs. What can a buyer expect?

Firstly , exchange the product for one similar in technical characteristics, model, manufacturer, or another of your choice, but with an additional fee.

Secondly , a full refund. A fairly common situation, but the store is trying in every possible way to carry out an examination and repair so as not to lose money. In some cases this is advisable, but the buyer has the right to refuse.

Thirdly , a full refund is provided.

Return procedure

Suppose the buyer discovered that the device does not work or a visible defect has been identified.
What are the rules for returning electrical products? Let's figure it out in order. The citizen prepares documents: warranty card, cash or sales receipt, purchase and sale agreement (if available). To be on the safe side, put the electronics in the packaging and go to the store.
Of course, the sooner this is done, the better. Contact the store and explain the situation to any of the employees. If this is possible, then the seller of the device is on site. For example, an iron or a microwave oven. Let us repeat that if an electrical appliance is of proper quality from List No. 55, it will not be possible to return it . If the product works in the store, then you should look for the problem at home. Otherwise, the employee will accept the application in duplicate. One remains with the buyer.

The electrical appliance is packaged and handed over to the employee. He sends it to a service center for examination. Depending on the complexity of the device and workload, the check takes from 10 to 30 days, but no more than 45 days. Otherwise, you can definitely return the full amount of the purchase.

After the examination, a store employee will contact the client by phone and inform him of the solution. If this is a warranty case and it can be repaired, the electrical appliance will be returned to the buyer. A citizen can challenge the results by submitting the product to another service for testing. Of course, he pays for the work himself. An alternative option is to contact Rospotrebnadzor.

IMPORTANT! If the repair deadlines are violated, the buyer has the right to receive monetary compensation. The client writes an application, personally takes it to the store or sends it to the address of the outlet. For each day of delay, 1% of the total amount of the electrical appliance is charged.

Technically complex goods - list for 2020-2021, approved by the Government of the Russian Federation

The Law on the Protection of Consumer Rights establishes a whole range of measures for citizens to exercise their right to purchase quality goods. In particular, rules have been developed for the return and replacement of products in which the consumer has discovered any shortcomings.

I heard that there is a list of technically complex goods that cannot be returned or exchanged in 2021, which was approved by decree of the Russian government. Where can I find it? The PZPP mentions two lists of goods used to implement the rules for the exchange and return of goods:

• technically complex, which the consumer has the right to return and exchange only within 15 days from the date of receipt if any defects are detected;
• non-exchangeable (they cannot be exchanged for analogues within two weeks).

December 25, 2021 in the Tekhnika store, located at Ivanovo, st. Stroiteley 5, I purchased a product - a multifunctional device HP LaserJet Pro MFP M426fdn at a price of 28,190 rubles. The description for this model stated that the MFP has a fax function. But this feature doesn't work. This means that the disadvantage is significant, because I needed a model with a fax. Otherwise, I would have purchased a cheaper multifunctional device.

1. A defect that cannot be eliminated.
2. A defect that can be eliminated, but the material costs or time spent on this will be disproportionately greater. For example, the cost of repair will exceed the cost of the device or the repair time will be longer than allowed by law. Art. 20 of the Law “On Protection of Consumer Rights” establishes the duration of this period - it should not exceed 1.5 months.
3. A defect that was repeatedly identified after elimination during the warranty period. The fact of detection of such a defect must be confirmed by a report from an expert institution.
4. If various malfunctions of the product were eliminated in total for more than a month of each calendar year of the warranty. Accordingly, it was impossible to use it for its intended purpose for quite a long time.

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IMPORTANT

How to write a complaint

Let's assume that once again after servicing the electrical appliance does not work. In this case, a pre-trial claim in the name of the store will help.

It does not have any clear form. It must be in writing. By hand or on a computer. You can send it by registered mail or hand it over personally to the administrator of the trading floor with a mandatory note indicating its acceptance.

What information does a properly filed claim contain?

1. Full name of the store, its actual address. It is better to send a complaint to the director. His official position and full name can be checked with employees or found in the Consumer Corner.
2. Full name, contact details of the applicant (phone, email).
3. Indicate the essence of the appeal . For example, list all the defects found, referring to the conclusion of the store’s service center or other specialists. Avoid obscene and expressive language. Adhere to a formal business style.
4. Indicate the date of purchase, full name of the seller/cashier. Make demands, referring to the Law “On the Protection of Consumer Rights”, namely an exchange for a similar model of an electrical appliance or a full refund.
5. Enter the date of application and signature with transcript.

The response to the complaint must be received no later than 10 days from the date of filing . Large chain stores often satisfy her. Moreover, the buyer has the right to choose whether he needs a new product or money.

If the store ignores the complaint, then it is advisable to contact either Rospotrebnadzor or government authorities.

Possible difficulties with returning technically complex goods

1. Relations between the seller and the buyer are built in accordance with the norms of the Law of the Russian Federation “On the Protection of Consumer Rights” dated February 7, 1992 No. 2300-I.
2. The list of goods is approved by law, given in the Decree of the Government of the Russian Federation “On approval of the list of technically complex goods” dated November 10, 2011 No. 924 and is constantly updated.
3. The concept itself also appears in paragraph 11 of the List of non-food products of good quality that cannot be returned or exchanged for a similar product of another size, shape, dimensions, style, color or configuration, approved by Decree of the Government of the Russian Federation of January 19, 1998 No. 55.

1. Aircraft: airplane or helicopter.
2. Passenger car , motorcycle.
3. Agricultural machinery: tractor, walk-behind tractor, cultivator, etc.
4. Vehicles for traveling on snow , such as a snowmobile.
5. A sports, tourist or recreational vehicle on water: a ship or boat, a cutter, a yacht.

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Ignore "warning" posters. The key to the bag storage room is confirmation of the conclusion of the storage agreement. And all the notes that begin with the words “the administration is not responsible ....” contradict the Civil Code of the Russian Federation (clause 3 of Article 891: “If storage is carried out free of charge, the custodian is obliged to take care of the thing accepted for storage no less than about his own things”; liability for loss, accordingly, occurs in accordance with Articles 901, 401 of the Civil Code of the Russian Federation).

By the way, household digital video cameras are imported under the same product code, and digital cameras under the code 8525 80 300 0 are television cameras

digital cameras
. As the ancient Romans said: dura lex, sed lex, which means: the law is stupid, but you have to follow it.