Claim for the return of goods of inadequate quality - sample writing

To really consider the existing problem, imagine the following situation. You bought a mobile phone as a gift. And he was wrong. What to do? Naturally, return it to the store where the purchase was made with a claim.

And the buyer does not owe anything more, since he returns the product, which turned out to be of poor quality. But from the point of sale, not everything is so simple. The seller got the money. And so he took on a number of legal obligations.

So let's analyze the situation in detail, from the point of view of the law, and also draw up a claim correctly - so that the buyer can easily return the money for the purchase that turned out to be faulty.

Claim to the store for the return of goods of inadequate quality

The right of the buyer to return the goods to the store is ensured by all citizens of the Russian Federation by the law "On the Protection of Consumer Rights" No. 2300-1 dated February 7, 1992. And Article 18 of this law guarantees a return if the purchased goods are found to have defects (after the purchase has been made). However, this legislative act states that you can return not only a defective thing, but also an absolutely whole one, without defects and malfunctions. Just because she didn't like it. True, then the return procedure will be slightly different. The claim is written specifically for marriage, and in order to return a quality product, a simple application will be enough.

Merchandise returns after the discovery of a defect can take place by:

• cost recovery;
• exchange for a similar product.

And if the seller tries to convince the buyer that, paying for the goods, he agreed with the quality of the latter, he is acting illegally. The law says that all the qualities and characteristics of the product (including its shortcomings) must be agreed with the buyer. Even before the purchase or at the time of its completion.

Yes, a store can put items of inadequate quality on the counter, but it must notify potential buyers about this (of inadequate quality and what exactly is faulty), and not just reduce the price. Moreover, the consent of the buyer to purchase such goods must be reflected in the payment documents - cash and sales receipt, warranty card. In the same way, you can sell goods restored, repaired. But if there are no defects in the above documents, the buyer has the right to return such a purchase and demand money for it.

To do everything according to the law, you should file a "Claim for the return of goods" (along with the item returned to the store). This document is drawn up in free form, but it is better to know what exactly should be contained in it and which application form should be guided by. In the future, this will help to avoid conflicts and easily overcome various obstacles to the return of funds.

Rules for writing a claim for the return of defective goods

Undertaking to write a claim against the store that sold low-quality goods, first of all you need to find out its (the store) full name, as an organization, as well as the exact address. In addition, you should find out the name of the head. And indicate all this in the "header" of the claim - on a standard sheet it is located in the upper right corner.

Where to get information? If the store is large, networked, it probably has a website, and there all this is freely available. If the outlet is small, the data must be provided by the administrator or one of the sellers.

As for the claim itself, it must be drawn up in 2 copies, and it must contain and reflect the following points:

• date, time (you can see it on the cash receipt, which would be better to keep if given) and details of the purchase of the defective goods;
• general information about the product (brand, model, manufacturer, name, color, material of manufacture, dimensions, serial number, completeness, article, etc.);
• references to legislation under which the goods are returned (Article 18 of the Federal Law on consumer protection, Articles 503, 309 and 310 of the Civil Code of the Russian Federation);
• the date the claim was filed;
• buyer's data (name, address, contact phone number);
• personal signature of the applicant with decryption.

The claim must also contain a motivational part, which lists the circumstances of the discovery of defects in the returned goods. The shortcomings themselves are also described here (this can be done in your own words, without using special terms). By the way, it is imperative to indicate how much and how the identified defects affect the performance of the acquisition.

It should also be written that there are no objections to the examination if the seller has such requirements to identify the shortcomings of the returned item. Of course, this should be done at the expense of the store that sold the low-quality goods, that is, at the expense of the seller.

Of course, it’s good (it’s easier anyway) if the buyer has a sales receipt and a cash receipt in his hands. However, the seller also has no right not to accept the goods without these payment documents. According to the same law "On the Protection of Consumer Rights" (Article 18, paragraph 7).

Important: if the returned item weighs more than 5 kg, then its delivery to the store must be carried out by and at the expense of the seller, not the buyer. And this rule is also spelled out in the law. If the buyer delivers the thing himself, he must insert a clause in the claim for reimbursement of expenses incurred by him in connection with this..

On the second copy of the claim, the responsible person (for example, the administrator of the outlet or the seller) must put a mark (date of delivery, signature with a transcript and indication of the position held) on receipt. A copy with such a mark remains in the hands of the buyer.

Sample claim for the return of goods of inadequate quality

There are many options for buying claims online. However, this one seems to be the best: