How to make a sample claim for the return of goods of inadequate quality

Return claim

In the case of purchasing goods of inadequate quality, you will need to know some rules of the law and learn how to make a claim. To do this, there is a statement on which you can write your complaint. The main thing is to act decisively and confidently, because such issues are regulated in 2015.”

Deadlines for filing a claim

Each buyer has the right of inadequate quality, or a defective item. In this case, the document is called a claim. If we consider quality products, then a statement is made. Its form is generally accepted. Based on Article 18 of Law No. 2300-1 "On Protection of Consumer Rights" dated 02/07/1992, if defects are found in the product, the buyer can return it to the store. The same aspect is regulated in the 2015 law. In this case, it can be returned money, or exchanged for similar high quality products.

The law clearly protects the buyer if the defects of the goods were not previously specified. If the consumer agrees to purchase a product with defects, then this must be written in the payment documents. It is also possible to draw up an additional document about this fact.

If all conditions are met, then a claim for the return of goods is made. Although it is possible to compile it and write a document in free form, it is still advisable to follow some recommendations. A lot of attention should be paid to this issue, because conflicts often arise in such situations. Sellers often try to circumvent the law in order not to replace the goods, coming up with various reasons.

Sample for filing a claim for the return of goods

In order for the application to be considered faster, several subtleties must be taken into account. In this case, the goods will be exchanged without conflicts and as quickly as possible. For this, the generally accepted form of filling is used, which serves as an example. You can use a special form.

• It is necessary to draw up and write a claim to the seller for a refund in two copies: one must be in the store, and the other must be with the buyer with a note of receipt.
• Before describing the problem, it is necessary to draw up a document correctly, indicating the circumstances of the purchase with the date and time.
• When writing a claim for a refund, you must specify the full information about the product: name, brand, color, size, serial number, etc.
• To properly draw up a document, you should write in detail about the shortcomings of the product, and how they were identified. It is also worth mentioning the impossibility of using it for its intended purpose.
• In order to avoid the seller's doubts about the presence of deficiencies, it is necessary to include in the claim information about their obligations to conduct an examination. A complaint (claim) is drawn up with an operative part, but first references to some parts of the law are indicated. According to them, the acceptance of goods of poor quality occurs.

1. Article 18 states that the buyer may return goods that are defective.
2. Article 309 of the Civil Code of the Russian Federation regulates that obligations must be fulfilled by the seller.
3. According to Article 310 of the Civil Code of the Russian Federation, there should not be a unilateral refusal to fulfill obligations.
4. Article 503 of the Civil Code records the information referred to in Article 18.

Other subtleties of making a claim

If there is no check to provide to the seller, then you need to immediately say so. In case of refusal, it is necessary to indicate article 18, paragraph 5 of the Consumer Rights Protection Act 2015, on the basis of which the buyer is not deprived of the right to return the goods without a receipt.

In the case of a refund for a large item (more than 5 kg), the claim should be marked on its delivery. According to paragraph 7 of the 2015 law, this process must be performed by the seller. If the buyer delivered the product to the seller himself, he may also require payment of expenses.

The refund document for the sale of a defective product must state all the facts and complete information about the purchase. Everything must be written correctly and concisely. Then the signature with decryption and the date are indicated.

The document must indicate the full name of the store, but it is best to find information about the head of the trading establishment. Before filing a complaint, you should make sure that all items are listed. An example of compilation can be found on the Internet. Also, the form must be in the store. This form is required for a refund. If the seller does not accept the complaint, then it must be sent by telegram or valuable letter. The request must be sent no later than the deadline during which this issue can be resolved.

It is necessary to confirm the presence of a defect in the goods in specialized organizations that exist in each city. You can only apply there during the warranty period of the product. If the seller requires to show the defect of the product, then this must be done. If the issue is not resolved within 10 days, then you can go to court. In this case, everything will be decided fairly.