The goods today are like those of Uncle Kot Matroskin - shoe polish, i.e. collapsed. For every taste, color and... any quality. Often the quality leaves much to be desired, and sometimes poor quality products are simply dangerous to health. At the same time, the righteous anger of buyers who do not want to ruin their health for their own money is understandable. Therefore, we have prepared for you approximate instructions on how to defend your right to a quality product

During the period of warranty repairs, you have the right to make a demand to the seller to provide a similar product within three days for the period of repair for your temporary free use. The exception is durable goods, the list of which is approved by the Decree of the Government of the Russian Federation.

It should be remembered that the seller’s obligation to provide you with a similar product during the repair period arises only after your request for this, preferably in writing.

If, at the end of the repair period, you are informed that the product has not been repaired due to a lack of spare parts or components and it is necessary to extend the repair period for a certain time, then it is up to you to agree or not. Since the establishment of new repair periods is allowed only by agreement of the parties (Part 1 of Article 20 of the Law) and in no other way, and the lack of spare parts cannot be a basis for extending the repair period. If you are not satisfied with the new repair period, you have every right to demand a refund of the money paid for the goods (Part 1 of Article 18 of the Law).

They sold you sour milk

Having bought milk, you find at home that it is spoiled. Out of habit, the check was thrown next to the cash register. In most cases, we prefer to curse sellers without leaving home, vowing never to buy anything from that store again. But if the bitterness of resentment prevents you from sleeping peacefully at night, then you will return to the store and explain to the seller that, to put it mildly, the store is wrong for selling damaged goods. In this case, you either change the product or get your money back. However, this is not always the case. The seller asks you for a cash receipt, but you don’t have one, and on this basis he states that he will not change anything and will not return the money. In accordance with Part 5 of Art. 18 of the Law, the absence of a consumer’s cash or sales receipt or other document certifying the fact and conditions of purchase of goods is not a basis for refusal to satisfy his requirements. In accordance with Art. 493 of the Civil Code of the Russian Federation, the consumer’s absence of these documents does not deprive him of the opportunity to refer to witness testimony in support of the conclusion of the contract and its terms. Thus, if you do not have a cash receipt, but have claims against the seller, you need to obtain testimony from people who can confirm that you actually purchased the goods at this outlet.

The seller states that the low-quality product is not available for sale. You should find the shelf with the product you purchased, check the batch number, article number and production date. If this is not enough for the seller, you can go the other way: you purchase this product, but already keep the receipt, open the packaging in the presence of two witnesses and representatives of the store, after which the seller, as a rule, has nothing to cover.

We educate sellers

We will educate by our example, defending rights not with our fists, but with the letter of the law. Before you go arguing with the seller, let’s prepare a claim (see the filing procedure

We are all consumers, making daily purchases in supermarkets or purchasing household appliances, doing repairs by contractors, repairing a car, etc.

When the rights of us, consumers, are violated, we sometimes do not know where to turn.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact the online consultant form on the right or call free consultation:

Where to complain?

Situations in which you need to protect your rights yourself, very different things can happen. This could be stale products, lack of labeling on the product, or incorrect sellers. You can detect unauthorized trading from a machine, from boxes.

When trying to return an item purchased less than two weeks ago, they refuse to accept it, exchange it or return your money, coming up with some arguments. It's worth knowing where to go.

Sold low-quality goods

If a product is sold of inadequate quality, then complaints must be written to Rospotrebnadzor and act in accordance with the articles of the Law “On the Protection of Consumer Rights”.

If you were rude

First, there is a reason to contact the immediate boss or owner of the outlet, if the request is ignored or if the owner himself is rude, you need address complaints to the chain store hotline or to Rospotrebnadzor.

Refusal to return or exchange goods

If you refuse to accept a return or exchange a purchase for another product, you can send a complaint to the consumer protection society or Rospotrebnadzor.

Both the consumer rights protection society and the Ropotrebnadzor department should choose a territorial reference. Those who dare to fight for their rights by writing complaints need to remember that anonymous messages or those without complete data of the citizen who applied will not be taken into account. It is important to coordinate all your actions with the articles of the Law of the Russian Federation of February 7, 1992 N 2300-I “On the Protection of Consumer Rights”.

In accordance with Art. 2 Federal Law No. 381 “On the fundamentals of state regulation of trade activities in the Russian Federation” of 2009, food products are products in natural or processed form that are consumed by humans as food, drinking water, and alcoholic beverages. Returning food products to a store is an uncommon and rare phenomenon, however, the buyer has such a right.

Reasons for returning food products

Returning food products of good quality (for subjective reasons) is impossible, since they are included in (Government Decree No. 55 of 1998). This list establishes which products are, in principle, subject to return, and what features must be taken into account when selling/purchasing certain categories of goods.

You can return food products only for objective reasons. A product of inadequate quality is a product that has defects or significant deficiencies. In relation to food products, this means that they are not suitable for direct consumption (i.e. they cannot be drunk or eaten). You can read the rules for exchanging goods of inadequate quality in the article on our website

When considering whether it is possible to return products to the store, it is worth giving objective reasons why this is possible:

• Expiration date at the time of purchase;
• Inconsistency between information about the product and the actual content;
• Opened package.

In addition, you can return the product after opening it if an uncharacteristic odor is detected (for example, the purchased cheese smells like mold), an uncharacteristic color (the beige color of milk has a cloudy green tint) or the presence of foreign objects (impurities, insects).

Buyer's rights

In accordance with the Law of the Russian Federation No. 2300-1 “On the Protection of Consumer Rights” of 1992, the seller returning goods of inadequate quality has the following rights:

• for a similar product;
• Refund of the full cost of the product upon return;
• Partial refund, while the goods remain with the buyer (price reduction);
• Compensation for damages caused.

The last point requires more detailed consideration. If, due to the unsuitability of a food product, a person is seriously poisoned, which requires treatment, then he can demand compensation from the seller. Refusal to pay it is grounds for going to court.

Evidence of poor quality

Knowing whether it is possible to return food products to the store, you will be able to exercise your main right - the right to receive quality goods that correspond to the description presented. To get your money back, you will need to prove the fact of inadequate quality.

There are 2 options:

• Direct. The seller does not deny the fact that the product is of inadequate quality; however, filing a claim is not required, and the money is returned immediately upon the buyer’s request.
• Indirect. Evidence will be required (as a rule, showing a damaged product is not enough in small stores). In this case, you can attract witnesses who will confirm the fact that the food product is of inadequate quality.

In the latter case, the last resort is to order an examination. If, based on the results of the expert report, it is established that the goods were damaged before the time of sale, the seller is obliged to return the money and pay for the services of the expert.

For information on returning low-quality food products, watch the video below:

Instructions for returning to a grocery store

Procedure for returning a damaged product to the store:

Contact the seller

Usually money for food products is returned immediately upon demonstration of the damaged goods.

Making a claim

If the seller refuses to return the money, then a written application for their return is issued. It is drawn up in 2 copies (one remains with the buyer) and contains the following information:

1. Full name of the buyer and information about the person to whom the claim is sent for consideration;
2. The essence of the problem (circumstances of purchase, the fact of detection of inadequate quality of the food product);
3. Demand (for the return of money, for the return of part of the money, for payment of compensation, etc.);
4. Appendix (documents are attached - sales receipt, expert opinion, etc.).
5. Mandatory details (signature, date of filing the claim).

Receiving funds

The response must be given within 10 days from the date the claim is accepted for consideration.

If the seller refuses to return the funds, then you must go to court. The appeal is formalized by drawing up a statement of claim and indicating the main requirements in it.

More information can be obtained by asking questions in the comments to the article.

In accordance with Part 5 of Art. 18 of the Law, the absence of a consumer’s cash or sales receipt or other document certifying the fact and conditions of purchase of goods is not a basis for refusal to satisfy his requirements. In accordance with Art. 493 of the Civil Code of the Russian Federation, the consumer’s absence of these documents does not deprive him of the opportunity to refer to witness testimony in support of the conclusion of the contract and its terms. Thus, if you do not have a cash receipt, but have claims against the seller, you need to obtain testimony from people who can confirm that you actually purchased the goods at this outlet. The seller states that the low-quality product is not available for sale. You should find the shelf with the product you purchased, check the batch number, article number and production date.

Return of low-quality food products

Therefore, be prepared for the fact that when arguing for his actions, the seller will resort to tricks, refer to non-existent articles of the law, or simply play for time, hoping that the angry buyer will spit on everything and leave the store “empty-handed.” Therefore, it is worth remembering that, at the buyer’s request, the seller is obliged to provide not only the complaint book, but also the text of the law “On the Protection of Consumer Rights” dated 02/07/1992 N 2300-1, Article 18 of which regulates the procedure for terminating the purchase and sale agreement.

If you purchase a low-quality product on the basis of this article, you have the right to return it to the seller in exchange for the money paid or a similar, but serviceable product. If a product has a warranty period, it can be returned within the warranty period.

Where to file complaints about low-quality goods - tips for consumers

• demand a reduction in the purchase price of the purchased product in accordance with the criticality of the detected defect and, as a result, the return of part of the amount paid for the product (while the purchase itself remains with you);
• demand replacement of the purchased product with a similar one, but of acceptable quality;
• insist on replacing the purchased product or service with another product from the same supplier of your choice (subject to full compensation for the resulting price difference).

It is important to know: to prove that a defective or expired product was purchased in the exact store where you are trying to return it, any methods not prohibited by law (for example, testimony of independent witnesses, photos or videos) are suitable.

How to return a product of inadequate quality, where to file a claim?

If in your case we are talking about any large retail outlet where the staff values ​​​​the reputation of the establishment and their jobs, just a verbal appeal will be enough to get your money back or at least replace the product.

• If a store employee, for one reason or another, refuses to satisfy your demands on the spot, fill out a statement of claim addressed directly to the management of the retail outlet (to be sure, use a ready-made form or sample that can be found on the Internet). Wait for a response. By law, store management is required to give at least some kind of response to your request within a maximum of 10 days.
• After the expiration of the above period, your claim will either be satisfied or postponed until the results of an independent examination appointed in this case.

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According to the law, you can exercise your right to return your purchase and receive compensation for goods of inadequate quality only within 2 years after the conclusion of the transaction (unless the contrary is stipulated in the purchase and sale agreement or one of the special laws).

• Having proven your case through the court, you have the right to immediately demand from your unscrupulous seller not only an exchange of goods or a refund for it, but also compensation for moral damage, as well as all material costs (expertise fees, legal services, etc.).

You always have the opportunity to ask Rospotrebnadzor to protect your rights. To do this, it is enough to send a written complaint to the above-mentioned body (it can be drawn up in any free form or using any of the samples found on the Internet).

Algorithm of consumer actions when purchasing a low-quality product

Info

Law) and nothing else, and the lack of spare parts cannot be grounds for extending the repair period. If you are not satisfied with the new repair period, you have every right to demand a refund of the money paid for the goods (Part 1 of Art.

18 of the Law). They sold you sour milk. Having bought the milk, you discovered at home that it was spoiled. Out of habit, the check was thrown next to the cash register. In most cases, we prefer to curse sellers without leaving home, vowing never to buy anything from that store again.
But if the bitterness of resentment prevents you from sleeping peacefully at night, then you will return to the store and explain to the seller that, to put it mildly, the store is wrong for selling damaged goods. In this case, you either change the product or get your money back.
However, this is not always the case. The seller asks you for a cash receipt, but you don’t have one, and on this basis he states that he will not change anything and will not return the money.

What to do if you bought a low-quality product

Any complaint in the book or personal complaint to a regulatory organization will cost the seller a decent amount, a thorough inspection, and even the closure of the store. You can complain to the Inspectorate for Trade and Quality of Goods of the Russian Federation.

In general, there are specialists working there for each product group: bakery, fruits and vegetables, alcoholic beverages and others. They are required to listen to all complaints and verify that standards are being met.

Important

At the Inspectorate for Trade and Quality of Goods, specialists conduct their own mini-investigation, weigh, inspect the packaging, and conduct an organoleptic examination (color, taste, smell). If a complete analysis of products is required, product samples are sent for laboratory examination.

Stand up for your rights. If you bought moldy bread or rancid butter, don’t be lazy, go back to the store and file a claim with the seller.

Attention

If you have been poisoned by an expired product, you must keep all written documents indicating your stay in the hospital, the purchase of medicines, and contact the store with them, demanding that the costs of treatment be reimbursed. In case of refusal, you have the right to go to court. You must have all the documents with you: cash receipts, doctor’s certificates and prescriptions, receipts for purchased medications, etc.

As a result, you may be refunded the cost of the product, the cost of the examination, treatment, and a small amount for compensation for moral damage. Knowledge of the Russian Federation Law “On the Protection of Consumer Rights” (Law on Consumer Rights) dated 02/07/1992 N 2300-1 will be useful to you.
Here are some excerpts: Article 7. The consumer’s right to the safety of goods (work, services) clause 4.

Where to go if you bought a low-quality product

According to Russian legislation, they, as well as manufacturers, bear full responsibility for the quality of the goods sold. And even if the receipt is lost, the buyer is still always right. The seller insists on the freshness of the moldy bread; invite her to try a piece in person. If it doesn’t work, promise an examination, a visit from the consumer market department, the trade department, the National Fund for the Protection of Consumer Rights, the Consumer Union and others.
And through the court, the injured buyer has the right to demand compensation for moral damages for the purchase of an expired product. If the purchase of a product results in food poisoning and even there is a doctor’s report, then there is a direct road to court. If you insist and go to the end, the result will justify the time spent.

Where to go if you bought a low-quality product

Legal advice How to return goods of inadequate quality, where to file a claim? Often, in order to avoid unnecessary losses, some unscrupulous sellers do not remove expired and (or) damaged goods from sale. And no matter how careful you are when going to the store, it is impossible to 100% “insure” yourself against purchasing a low-quality product.

Fortunately, there are specific federal laws designed to protect consumer rights. According to one of them, any citizen has the right to return a previously purchased product to the seller if it does not meet the declared quality, and to receive a refund of the money paid for it.

New tricks of telephone scammers that anyone can fall for

Poor quality products

Food products must be of high quality - low-quality products threaten our health and sometimes life.

A low-quality food product is considered to be any product whose main indicators do not comply with accepted standards and also do not agree with those stated on the label.

But it’s usually not that difficult to understand how well bulk products meet the requirements. But with products that are sold in packaging, everything is not so simple. Sometimes sellers, and even manufacturers, go to incredible lengths to pass off low-quality products as decent samples.

The first thing you should pay attention to is the appearance. There should be no “crushed barrels” near a milk carton or tin can, erased inscriptions or unglued packaging. Only perfect condition. Each product must be accompanied by a label in Russian, even if it is imported.

According to the rules, information about the product must contain: full composition, data on the main consumer properties and ingredients used in production, calorie content and nutritional value, shelf life and date of manufacture. Moreover, some products have a double shelf life and depend on storage conditions. For example, in a freezer or a simple refrigerator. But you have no idea in what conditions this product was kept before it was added to your cart. Therefore, if a shorter period has already passed, then the product is not worth buying. Also, you should not purchase products if their shelf life is coming to an end.

What to do if you bought low-quality products? Consumers often have the opinion that a low-quality product cannot be returned once the package is opened. This is wrong. The presence or absence of original packaging does not relieve the store from liability. And the reluctance to accept the spoiled product back is a direct violation of the law, which should definitely be reported to Rospotrebnadzor. Also, a completely optional condition for a return is the presence of a receipt. According to the law, witnesses play an equally important role.

Unfortunately, many buyers, having discovered that they have purchased low-quality products, do not rush to the store with complaints. Of course, the hassle of returning, for example, spoiled ketchup does not correspond to its price. But, in this case, low-quality products will be found in our stores more and more often, and we, albeit passively, will contribute to their distribution.

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