Thousand devils! Consumer? Defend yourself!
It so happened that the legislation of the Russian Federation for the most part is far from perfect. It contradicts itself, it is interpreted in multiple ways and generally difficult for perception.
But there is a ray of light in the dark kingdom!
Consumer Protection Act. Wonderful thing, believe me. With the pumped skill using this law, you can become a real need. a terrorist. This, by the way, is a semi-official term - this is the name of people who deliberately abuse the opportunities provided by the aforementioned law.
So! What you have the right!
At the request of NermaN, I will try to create a manual, like what.
From the point of view of our legislators, we may have “just goods” and “technically complex products” goods.
The list of "technically complex" not so long ago expanded, now those are considered as such:
1. Light aircraft, helicopters and aircraft with an internal combustion engine (with an electric motor)
2. Passenger cars, motorcycles, motor scooters and vehicles with internal combustion engine (with electric motor), intended for driving on public roads
3. Tractors, motoblocks, motor-cultivators, machinery and equipment for agriculture with an internal combustion engine (with an electric motor)
4. Snowmobiles and vehicles with an internal combustion engine (with an electric motor), specially designed for traveling in snow
5. Sport, tourist and pleasure vessels, boats, boats, yachts and transport floating vehicles with internal combustion engine (with electric motor)
6. Navigation and wireless communications equipment for domestic use, including satellite communications, which has a touch screen and has two or more functions.
7. System units, computers, stationary and portable, including laptops, and personal electronic computers
8. Laser or inkjet multifunction devices, monitors with a digital control unit
9. Satellite TV sets, game consoles with a digital control unit
10. Televisions, projectors with digital control unit
11. Digital photo and video cameras, lenses for them and optical photo and film equipment with a digital control unit
12. Refrigerators, freezers, washing machines and dishwashers, coffee machines, electric and combination stoves, electric and combined ovens, air conditioners, electric water heaters with an electric motor and (or) microprocessor automation
The first is simple.
')
So, within 14 days (not counting the day of purchase) your rights are very broad.
The presence of food products is quite logical - it would be foolish to return half a jar of black caviar, referring to the fact that it did not fit you in terms of equipment.
Guards the mysterious "List of goods not subject to exchange." I will not give the list here. You can familiarize yourself with it yourself - it is at the end of this Government Decree .
And if the purchased goods of inadequate quality?
Focus on the shortcomings. As you can see, they can be "essential" and "normal" (non-essential). At the same time, significant defects are understood as such defects that cannot be eliminated altogether or without disproportionate expenses or time-consuming, or that they manifest themselves more than once or again after their elimination, and others similar to them . All other defects of the goods are considered normal.
Of course, users are particularly keen on the process of exchanging light aircraft of inadequate quality or the tiller, but these products are on the list - so the order of exchanging “technically complex” products will be one. Return money, exchange such a product will be obtained only if there are significant shortcomings. And this is a very flexible concept.
Example: You bought a phone, and after 20 days the paint peeled off. With a probability of 90%, the seller will refuse to return or exchange you, and it will be completely legal 15 days that you have for the exchange of a technically complex product, if there are flaws in it, have already passed. And this means that it will be possible to return the money or change it, ONLY if the lack is significant. From the point of view of life - of course essential, still unaesthetic. But from the point of view of the law - not everything is so simple. For example, if the seller has a spare case for this phone model and he can replace the flaked one, the lack of goods should be considered as disposable, i.e. irrelevant.
In the event of a dispute between the seller and the consumer as to whether the peeling of paint is a significant disadvantage, this dispute can be resolved in court.
In the Law under consideration, this is spelled out as follows (Article 18 of the Law of the Russian Federation “On Protection of Consumer Rights”):
In the case of a technically complex product, the consumer, in the event of deficiencies in it, has the right to refuse to execute the contract of sale and to demand the return of the amount paid for such goods or to demand to replace it with a product of the same brand (model, article) or the same product. brand (model, article) with a corresponding recalculation of the purchase price within fifteen days from the date of transfer of such goods to the consumer. Upon the expiration of this period, these requirements shall be satisfied in one of the following cases:
detection of a significant shortage of goods;
- violation of the deadlines for eliminating deficiencies of the goods established by this Law;
-the impossibility of using the product during each year of the warranty period in the aggregate of more than thirty days due to the repeated elimination of its various shortcomings.
Pay attention to the second part of this article. The seller or the manufacturer has violated the terms of eliminating the defects of the goods? Exchange or refund! The product broke twice or more often during each year of the warranty period and was repaired more than 30 days? Exchange or refund!
If the seller resists, delays, etc. write a claim, and if it does not take action, go to court. In most cases, the seller drastically changes its position after receiving the claim.
Warranty.
Here I would like to talk about the "lifetime warranty."
In many ways, this marketing trick corresponds to the anecdote:
Hello, my hard drive has a LIFETIME WARRANTY, and now it's dead. "
- Well, if "dead", then the guarantee is over
When selling such goods, the seller assigns a warranty period, which is very different from a lifetime, and everything that happens after the end of this period is governed by a separate document from the manufacturer and is an additional obligation.
Of course, such an additional commitment is better than nothing, but not a panacea. Usually there are a lot of conditions and nuances that must be observed. Starting from contacting a special phone listed on the manufacturer’s website (not the fact that you find it) ending with “using goods with accessories that are not approved by the manufacturer of the goods”.
Consumer rights are an extremely broad area with extensive court practice and many features. However, this legislation really functions and really protects the interests of the buyer. When writing this article, I repeatedly tried to invent a bicycle, drew my schemes, tried to state opinions in simple language. Then he left these attempts. Both buyers, and sellers, and goods - all this is so individual that it is impossible to comb a general algorithm. Therefore, I used the tables from the site ozpp.ru and tried to supplement them with my own comments.
If the plan is of interest to the community, I can offer the following:
Describe your problems related to the protection of consumer rights in the comments and I will write a separate post for the most popular questions with a detailed explanation of your situations from the point of view of the Law.
Thank!
But there is a ray of light in the dark kingdom!
Consumer Protection Act. Wonderful thing, believe me. With the pumped skill using this law, you can become a real need. a terrorist. This, by the way, is a semi-official term - this is the name of people who deliberately abuse the opportunities provided by the aforementioned law.
So! What you have the right!
At the request of NermaN, I will try to create a manual, like what.
From the point of view of our legislators, we may have “just goods” and “technically complex products” goods.
The list of "technically complex" not so long ago expanded, now those are considered as such:
1. Light aircraft, helicopters and aircraft with an internal combustion engine (with an electric motor)
2. Passenger cars, motorcycles, motor scooters and vehicles with internal combustion engine (with electric motor), intended for driving on public roads
3. Tractors, motoblocks, motor-cultivators, machinery and equipment for agriculture with an internal combustion engine (with an electric motor)
4. Snowmobiles and vehicles with an internal combustion engine (with an electric motor), specially designed for traveling in snow
5. Sport, tourist and pleasure vessels, boats, boats, yachts and transport floating vehicles with internal combustion engine (with electric motor)
6. Navigation and wireless communications equipment for domestic use, including satellite communications, which has a touch screen and has two or more functions.
7. System units, computers, stationary and portable, including laptops, and personal electronic computers
8. Laser or inkjet multifunction devices, monitors with a digital control unit
9. Satellite TV sets, game consoles with a digital control unit
10. Televisions, projectors with digital control unit
11. Digital photo and video cameras, lenses for them and optical photo and film equipment with a digital control unit
12. Refrigerators, freezers, washing machines and dishwashers, coffee machines, electric and combination stoves, electric and combined ovens, air conditioners, electric water heaters with an electric motor and (or) microprocessor automation
The first is simple.
')
So, within 14 days (not counting the day of purchase) your rights are very broad.
The presence of food products is quite logical - it would be foolish to return half a jar of black caviar, referring to the fact that it did not fit you in terms of equipment.
Guards the mysterious "List of goods not subject to exchange." I will not give the list here. You can familiarize yourself with it yourself - it is at the end of this Government Decree .
And if the purchased goods of inadequate quality?
Focus on the shortcomings. As you can see, they can be "essential" and "normal" (non-essential). At the same time, significant defects are understood as such defects that cannot be eliminated altogether or without disproportionate expenses or time-consuming, or that they manifest themselves more than once or again after their elimination, and others similar to them . All other defects of the goods are considered normal.
Of course, users are particularly keen on the process of exchanging light aircraft of inadequate quality or the tiller, but these products are on the list - so the order of exchanging “technically complex” products will be one. Return money, exchange such a product will be obtained only if there are significant shortcomings. And this is a very flexible concept.
Example: You bought a phone, and after 20 days the paint peeled off. With a probability of 90%, the seller will refuse to return or exchange you, and it will be completely legal 15 days that you have for the exchange of a technically complex product, if there are flaws in it, have already passed. And this means that it will be possible to return the money or change it, ONLY if the lack is significant. From the point of view of life - of course essential, still unaesthetic. But from the point of view of the law - not everything is so simple. For example, if the seller has a spare case for this phone model and he can replace the flaked one, the lack of goods should be considered as disposable, i.e. irrelevant.
In the event of a dispute between the seller and the consumer as to whether the peeling of paint is a significant disadvantage, this dispute can be resolved in court.
In the Law under consideration, this is spelled out as follows (Article 18 of the Law of the Russian Federation “On Protection of Consumer Rights”):
In the case of a technically complex product, the consumer, in the event of deficiencies in it, has the right to refuse to execute the contract of sale and to demand the return of the amount paid for such goods or to demand to replace it with a product of the same brand (model, article) or the same product. brand (model, article) with a corresponding recalculation of the purchase price within fifteen days from the date of transfer of such goods to the consumer. Upon the expiration of this period, these requirements shall be satisfied in one of the following cases:
detection of a significant shortage of goods;
- violation of the deadlines for eliminating deficiencies of the goods established by this Law;
-the impossibility of using the product during each year of the warranty period in the aggregate of more than thirty days due to the repeated elimination of its various shortcomings.
Pay attention to the second part of this article. The seller or the manufacturer has violated the terms of eliminating the defects of the goods? Exchange or refund! The product broke twice or more often during each year of the warranty period and was repaired more than 30 days? Exchange or refund!
If the seller resists, delays, etc. write a claim, and if it does not take action, go to court. In most cases, the seller drastically changes its position after receiving the claim.
Warranty.
Here I would like to talk about the "lifetime warranty."
In many ways, this marketing trick corresponds to the anecdote:
Hello, my hard drive has a LIFETIME WARRANTY, and now it's dead. "
- Well, if "dead", then the guarantee is over
When selling such goods, the seller assigns a warranty period, which is very different from a lifetime, and everything that happens after the end of this period is governed by a separate document from the manufacturer and is an additional obligation.
Of course, such an additional commitment is better than nothing, but not a panacea. Usually there are a lot of conditions and nuances that must be observed. Starting from contacting a special phone listed on the manufacturer’s website (not the fact that you find it) ending with “using goods with accessories that are not approved by the manufacturer of the goods”.
Consumer rights are an extremely broad area with extensive court practice and many features. However, this legislation really functions and really protects the interests of the buyer. When writing this article, I repeatedly tried to invent a bicycle, drew my schemes, tried to state opinions in simple language. Then he left these attempts. Both buyers, and sellers, and goods - all this is so individual that it is impossible to comb a general algorithm. Therefore, I used the tables from the site ozpp.ru and tried to supplement them with my own comments.
If the plan is of interest to the community, I can offer the following:
Describe your problems related to the protection of consumer rights in the comments and I will write a separate post for the most popular questions with a detailed explanation of your situations from the point of view of the Law.
Thank!
Source: https://habr.com/ru/post/284706/
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