Sample claim for the return of goods of inadequate quality: Key points

A sample claim for the return of goods of inadequate quality includes a clear and concise description of the defects found, purchase data, place and time of purchase.

Before drawing up a document, you need to clarify the official name of the outlet where the item with the defect was purchased.

It is better to write a complaint addressed to the head. This information can be difficult to obtain.

If it was not possible to find out the manager's data, you will have to limit yourself to the name of the seller.

All this information and the data of the initiator, as shown by the sample claim for the return of goods of inadequate quality, are indicated in the upper right corner of the document.

Important! Enter the following data of the buyer: full name and contact information.

What rights are guaranteed by law

Consumer protection is guaranteed by the above-mentioned Law of the Russian Federation No. 2300-1.

According to Article 18, the buyer, who has not been notified of the defects in the purchased product or service, has several options.

  1. Cancel the contract and return the goods where the defect was found, while the money is returned to the buyer.
  2. Request the replacement of a product with a defect for a serviceable one of the same type, in case of a difference in price - compensate for it.
  3. Demand a reduction in the cost of the goods in accordance with the detected defect.
  4. Troubleshoot at the expense of the seller, or at your own expense, demanding compensation from the seller.

Even if the buyer does not have a payment document, this will not be grounds for refusing to accept the defective goods.

You can confirm its acquisition in any way not prohibited by law. This includes the involvement of witnesses, video filming, and so on.

Algorithm of actions for returning goods

Before filling out a sample claim for the return of goods of inadequate quality, you should contact the seller orally.

This rule applies to any outlet.

Some sellers, even when contacted verbally, meet halfway and are ready to replace defective goods or make repairs.

In the event that the buyer's legal requirements (including return or exchange) were denied, a written claim is issued demanding a return.

The response to the document must be given within 10 days.

Depending on the answer, further actions of the buyer are determined.

  1. A positive response will be given and a refund will be made.
  2. An examination will be carried out in order to find out the causes of the malfunctions. If during the inspection it is found that the defect arose through the fault of the buyer, the seller has the right to demand compensation from him for the examination and refuse to return.

If the result of the check did not satisfy the buyer, he can conduct another independent examination.

It may even go to trial. In this case, he will need to prepare a statement of claim.

It should be accompanied by payment documents, copies of claims and other documents related to the case. When the entire package is prepared, you can go to court. You can also ask for a statement from the store owner, which will show the transfer of money for the purchase.

If a poor-quality service was provided, the consumer in his claim (and it may be) has the right to present one of the following requirements:

In some cases, a verbal agreement is sufficient.

Sometimes a written application is required. For him there is no unified form.

However, it is important to indicate all the points described above and add links to articles of laws.

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If this does not help to realize the right of the consumer, you can apply to the court or other instances.