Protection of consumer rights when returning goods

Consumer protection is a relatively new concept for residents of modern Russia, but even now many people do not know where to go if certain norms are violated. It is noteworthy that in most developed countries, consumer protection is a fundamental element in the development of the economy. Unfortunately, in the vastness of the Russian Federation there are still very often cases where sellers try to make money from consumers by selling low-quality goods.

Types of buyer rights

Often, when making a purchase, people are faced with many unacceptable factors: poor quality goods, poor service or inappropriate attitude of the service staff. However, with the help of some organizations and the Russian Federation Law “On the Protection of Buyers’ Rights”, it is possible to significantly reduce the likelihood of various offenses occurring.

In order to resist deception and fraud on the part of sellers, every person must know what rights each consumer has. In accordance with current legislation, buyers have the following rights:

Consumer rights	Description
		Right to education	This right is regulated by introducing special requirements into state professional and general educational programs and standards, as well as by informing consumers about possible situations and further actions to resolve them. The main reason for the emergence of this rule is the poor level of knowledge by buyers of their rights.
Right to quality	In accordance with the current legislation of Russia, the seller is obliged to provide the buyer with a product of the quality specified in the contract. If there are no such conditions, the consumer must receive a product of such quality that would correspond to the purposes for which a specific group of products is often used. If, at the time of signing the contract, the seller is notified of the purposes of the purchase, then the product must be provided, the quality of which corresponds to these purposes.
				Right to compensation for damages	If consumer rights are violated, the selling party is obliged to pay a penalty to the buyer. It is noteworthy that the amount of compensation is fixed at the state level, but if under the contract the level of payments exceeds generally accepted norms, then in the event of a violation, the amount specified in the relevant document is paid. In other situations, the buyer has the opportunity to receive partial or full cost of the goods. In addition, the law provides for the option of a full return of goods.
						Right to security	Russian legislation stipulates that each person should receive only those goods that do not harm the health or life of people. It is also prohibited to sell products that could potentially threaten the environment or lead to irreparable consequences. It is worth noting that the process of implementing this right is controlled by law enforcement agencies, and the relevant documents are prepared by enterprises without fail.

Sample response to a statement of claim for the protection of consumer rights

Magistrate of judicial district No. 8

Pervouralsk, Sverdlovsk region

Kormiltseva I.I.

From IP Ch.

Objection

for a claim for consumer protection

There is a civil case in your proceedings based on the claim of K., the statement of claim has not yet been received by me, so I do not know what demands the plaintiff made and on what she bases her demands.

Regarding the conflict situation that arose with a customer of the Venezia store, I would like to clarify the following:

On August 26, 2008, the plaintiff purchased a white blouse in a store worth 4,400 rubles. On February 6, 2009, K. filed a complaint with the store, in which she indicated that “during use in accordance with the labeling, damage to the fabric occurred.”

I consider it necessary to immediately draw the court’s attention to the fact that the plaintiff used the item in accordance with the labeling, and the labeling contains information about caring for the product in the form of symbols. During an examination by the “Corporation of Independent Experts” to identify the cause of the defect, it was found that: “the defect is caused by an increase in the temperature of the ironing surface above 110 degrees, which led to hidden, outwardly initially imperceptible, damage to the fabric. For this category of fabric with the specified fibrous composition, the optimal care regime is a regulating ironing temperature regime - only with a cool iron. Even short-term heating leads to a strong, irreversible decrease in fiber strength.”

Therefore, the defect on the blouse was due to the plaintiff’s misuse of the item.

The buyer’s reference in her claim to the fact that she was not provided with information about the rules for using the item is not valid, since:

When purchasing any item in our store, the seller verbally informs each buyer about the product - informs about the country in which the item was produced, the manufacturer's company, the composition of the fiber, the rules of use, and also gives the buyer a reminder;
Moreover, each item has a fiber composition marking with information on how to care for the item.

It is necessary to draw the court's attention to the fact that the plaintiff in her claim indicates use in accordance with the labeling. Consequently, when purchasing a blouse, there was a marking on it about the composition and care of the item. In this regard, it is not clear where the sewn-in labels with markings of fiber composition and care information went when the blouse was submitted for examination.

The expert report states that “according to the information provided by the buyer, the textile tape in the side seam on a similar blouse indicates the fiber composition of the material (52% cotton, 42% nylon, 3% elastane) and information on product care in the form of symbols and inscriptions:

wash up to 30 degrees without spinning (do not twist),
do not use products containing bleaches,
ironing temperature regime is not regulated,
dry cleaning with perchlorethylene,
Tumble drying is prohibited.

From the above, it is unclear what was provided to the expert - a textile tape from a similar blouse, or a similar blouse, or simply information about the inscriptions. If the expert is provided with a tape, then no evidence is provided that this tape is from a similar blouse. If the expert is provided with a blouse, no evidence is provided that this blouse is completely similar to the blouse purchased in our store. If simply information about the inscriptions is presented, then no evidence is provided that such information is true. In this case, it should be noted that on all such blouses sold in our store, the label with care information bears the symbol “iron with one point”, which means that it is necessary to iron the item at a temperature below 110 degrees (in accordance with the instructions provided buyer).

Consequently, if the plaintiff had used the blouse in accordance with the labeling, then it would not have violated the temperature regime. There is no evidence that there was no corresponding symbol on the label with product care symbols.

In accordance with Art. 10 of the Law “On the Protection of Consumer Rights”: “the manufacturer (performer, seller) is obliged to promptly provide the consumer with the necessary and reliable information about goods (works, services), ensuring the possibility of their correct choice. For certain types of goods (works, services), the list and methods of communicating information to the consumer are established by the Government of the Russian Federation.”

Protection of buyer rights

Today in Russia there are 11 ways to protect the rights of citizens if they are violated by third parties. Now protection is carried out using the following solutions:

full recognition by the violator of the crime;
self-defense rights;
invalidation of a problematic transaction;
restoring the situation that existed before the violation;
invalidation of a resolution of a local government body and a government agency;
compensation for losses incurred;
changes or termination of legal relationships;
collection of penalties;
awarding the selling party to rectify the situation;
compensation for moral damage;
non-application by the court of a document of state structures (in case of non-compliance of the act with the legislation).

It is worth noting here that all these points are spelled out in the Civil Code of the Russian Federation. Experts note that the latest amendments have greatly expanded the opportunities and rights of consumers who have suffered at the hands of unscrupulous sellers. The inclusion of buyer self-defense in the above list suggests that now, in the event of an offense, a person can choose how to defend his rights and prevent similar cases in the future.

Possible options for the development of events in self-defense include: return of goods, exchange of purchases, termination of agreements, compensation for damage or free elimination of the problem (if possible). It is worth noting that terminating or changing previously agreed upon compromises is only relevant if disagreements arise regarding the quality of the product.

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Forms of protection of buyers' rights

At the moment, residents of Russia have the opportunity to defend their rights not only in court, but also using other methods. Earlier it was said that now the consumer has the right to independently choose a method of combating a violation, based on his beliefs and the effectiveness of the choice made.

The whole point of pre-trial proceedings is to try to solve the problem on the spot or with the involvement of the store administration. By and large, using this method, both parties have the opportunity to find a compromise without involving third-party structures. During such a decision, the seller can replace the defective product or pay compensation.

The right to judicial protection is supported by Art. 17 of the Law “On the Protection of Buyers’ Rights”, which states that in case of disagreements with the seller or receipt of a bad product, the consumer has the right to file a corresponding application in court. Depending on the nature of the violation, protection may occur through administrative, criminal, constitutional and civil proceedings.

However, many people do not file a claim with consumer protection authorities because they believe that a lawsuit will cost them much more than simply letting the incident take its course.

But this statement is false, because on the territory of Russia there is a court fee, which is paid in full by the responding party.

Since many people do not know how to properly contact the courts, various consumer rights protection inspectorates come to the rescue. With the help of these organizations, you can correctly file a claim, obtain financial compensation from the offender, or obtain free correction of problems.

The domestic Law “On the Fundamentals of Tourism Activities” was adopted with the aim of defining the basic principles of state policy, which is aimed at establishing the legal foundations of the common tourism market in Russia. Read about certification of products and services here.

Role of Rospotrebnadzor

The rights of Russian consumers today are protected by a powerful government service - Rospotrebnadzor, which has a network of consultation points throughout Russia. Rospotrebnadzor conducts inspections of organizations, goods and services, and represents the interests of consumers in court.

The addresses of Rospotrebnadzor consultation centers can be found on the organization’s website, where you can get legal advice. However, before using the help of Rospotrebnadzor, the buyer must first familiarize himself with his rights and obligations.

What can he expect when he purchases a service or service, what should he consider before purchasing.

In case of violation of consumer rights, you can contact the following organizations

Legal consultations at consultation points;
conducting inspections;
requirement to the financial institution to eliminate violations;
representing consumer interests in court.

Carrying out inspections;
requirement for a financial institution to eliminate violations.

Lawyer consulting;
representing consumer interests in court.

DIA (Deposit Insurance Agency)

Implementation of bank bankruptcy procedures;
insurance compensation for deposits.

FAS (Federal Antimonopoly Service)

Suppression of false advertising.

Local governments (municipalities)

Consulting;
judicial protection.

Determining the fact of violation of the law or contract;
recovery of damages, fines, and penalties in favor of the consumer.

RSA (Russian Union of Auto Insurers)

Compensation payments under compulsory motor liability insurance;
control of the activities of insurance companies;
reviewing complaints against insurance companies and imposing sanctions on them.

The consumer has a lot of rights guaranteed to him by the Constitution of the Russian Federation, the Civil Code of the Russian Federation and the Law on the Protection of Consumer Rights.

But it is important for each citizen to realize that the legal interests of the buyer consist not only of observing rights, but also obligations. What are the responsibilities of the consumer as enshrined in the legislative acts of the Russian Federation?