A resident of Orenburg, who bought low-quality shoes, was recently able not only to return his money, but also to receive compensation for moral damage, as a result an impressive amount came out. With the expansion of online trade, consumer protection issues are becoming more and more relevant, and mobile phones and various household appliances have been leading the list of the most problematic for several years. What to do if the store does not want to return money for defective items, and why it is not worth transferring money to the card when shopping online – in the material of Izvestia.
The other day a resident of Orenburg sued almost 100 thousand rubles from the store for low-quality shoes. By reports local media, the regional department of Rospotrebnadzor managed not only to terminate the sale and purchase agreement, but also to obtain the payment of a penalty and compensation for moral damage. As a result, the Orenburg shoe store “Rendezvous” was charged with 13.2 thousand rubles for poor-quality goods, 45.5 thousand rubles for penalties for late execution of requirements, 2 thousand rubles as compensation for moral damage, a fine of 30.4 thousand rubles. rubles, as well as expenses for the expert examination in the amount of 1.8 thousand rubles. The total amount was about 93 thousand rubles.
Photo: RIA Novosti / Alexander Wilf
In May, a resident of Khakassia was able to obtain compensation: a man turned to court with a claim for the protection of consumer rights after the store twice refused to terminate the contract and refund money for a low-quality electric grinder.
By a court decision, 8692 rubles were collected from the seller for low-quality goods and 1 thousand rubles as compensation for moral damage. In addition, the store will have to pay a fine for not voluntarily satisfying the buyer’s requirements, as well as reimburse a penalty in the amount of 3 thousand rubles for not providing the consumer with a similar product for the period of repair.
As representatives of regional organizations involved in the protection of consumer rights told Izvestia, the problem of unintentional purchase of low-quality goods, unfortunately, does not lose its relevance. According to the head of the Astrakhan city public organization “Society for the Protection of Consumer Rights” Natalia Belyaeva, people mostly complain about low-quality household appliances and mobile phones.
– Moreover, chain stores often underestimate product warranties and impose services such as additional service programs. And it turns out like this: during the warranty period established by the manufacturer, people have another unnecessary guarantee for this very program.
Photo: Izvestia / Alexander Kazakov
Mobile phones are in the first place for low-quality goods, and they are sold both on the Internet and in ordinary stores, Yevgeny Rabinovich, chairman of the Omsk Consumer Union Shield, told Izvestia. People often complain about different types of electrical appliances, he notes. Omsk residents have problems not only with goods, but also with services: according to Rabinovich, today we have to deal with many companies that install plastic windows with defects. In addition, people come with complaints about low-quality services related to housing and communal services.
Aleksandr Alekseev, the head of the Pskov regional public organization for the protection of consumers’ rights, Nashe Pravo, also complains about low-quality phones and equipment.
– But in general, the calls are seasonal. For example, now, in the spring-summer period, people leave for summer cottages, build baths or something else, and we are talking about contract agreements. There are questions about poor-quality work, the purchase of poor-quality building materials. In the autumn-winter period, people buy gifts, as a rule, these are household appliances, televisions, computers, tablets, and so on. In this regard, people often make complaints about such products.
Subtleties of return
What to do if you find a low-quality product? First you need to understand whether this applies product to the category of technically difficult or not, says Alexander Alekseev.
– If you bought a technically complex product and immediately found its defect, then you have the right to return it and demand a refund of the money paid or replacement for a similar product within 15 days. But if we are not talking about technically difficult, then the defective product can be returned within the warranty period., – he points out.
In general, if you bought a defective product, then initially you should just go to the store, said Dmitry Yanin, chairman of the board of the International Confederation of Consumer Societies, in a conversation with Izvestia.
– You don’t need to apply any expertise so far, and you certainly shouldn’t hire lawyers before the first contact with the store. You can freely state that you are asking for a refund for such a product or exchange it, repair it. If the warranty period has not expired, then during it you make this requirement, and the store should already give you a reasoned answer. That is, he must check this product himself and give you an answer.
Photo: TASS / Pavel Golovkin
It is very important in this statement to write a specific requirement for the store: either it is a refund, or a replacement of goods, or warranty repair, Alekseev emphasizes. The law provides for its own terms for each of them: a refund must be made within 10 days from the date of the request, replacement with a similar product – seven days if the product is in stock, warranty repair – 45 days…
If the consumer’s requirements are still not met, the next step may be to go to court, experts say. In addition to the money paid for the purchase, the court can also recover, at the request of the consumer, moral damage, a penalty and a fine of 50% of the amount to be collected in favor of the consumer. In addition, the buyer has the right to contact Rospotrebnadzor.
The possible absence of a check cannot become a reason for refusing to return funds – according to the law “On Protection of Consumer Rights”, the seller must still consider the buyer’s request, lawyers say. It is worth remembering about some of the subtleties in cases when a low-quality product is subject to warranty repair.
“Our last complaint was from a woman who was ordered to make glasses worth 11 thousand rubles and supplied defective glasses,” Galina Kozlovskaya, chairman of the Consumer Society of St. Petersburg and the Leningrad Region, shared with Izvestia. – When a consumer noticed that her eyes were beginning to hurt, she came to this store and wrote a statement. As a result, she received a receipt that the glasses were taken for repair, but when she took them from the repair, this paper was taken from her and she had no mark left on her hands. And this is a big mistake, because if she was again supplied with defective glasses, and the warranty period has expired, then she does not start a new warranty period without a corresponding document.
Cards on the table
The most difficult situation today is with the return of poor quality goods purchased on the Internet, especially in small online stores. The most important rule in this kind of shopping is under no circumstances to transfer money to an individual’s card, Yana Bondarenko, a lawyer and consumer protection specialist, told Izvestia.
– In case of any problems, the person will have to prove that the payment of funds to the account of an individual was made as payment for the goods. Here, the actions of the provisions of the Civil Code will already follow, and not the norms of the special law “On Protection of Consumer Rights”. And in general, the process will be structured differently: for example, it will be possible to sue only at the location of the defendant, you will have to pay state duties, prove that the goods were not delivered or that they were delivered of inadequate quality. Whereas if the payment was due to a legal entity, the burden of proof would be on the seller. The only option that I propose in such cases is to find the same victims and, in addition to the court, file a class action lawsuit with law enforcement agencies.
Photo: Izvestia / Alexander Kazakov
If the store offers you to transfer from card to card, then in this case you need to ask for the details of the legal entity in order to transfer money to the account of an individual entrepreneur or LLC, advises Bondarenko. However, you should not refuse to transfer to the card self-employed citizens, notes the lawyer.
– They can accept money on the card, but they are required to issue a check. And if there is any doubt whether a person is self-employed or not, then you can check on the website of the tax office, she notes.
Generally in order to avoid unpleasant situations, before making any purchase on the Internet, first you should read reviews about the store, Galina Kozlovskaya notes.
– First you need to look at the reviews, and on several sites, since now there are a lot of fake reviews. Today there are a lot of fake online stores, one-day stores. They sell just about anything, while their pictures are very beautiful, and they attract people with low prices. But you can’t believe it. It is necessary to pay attention to how long the store has existed and what are the conditions for receiving the goods. The most risky way is to receive the goods by mail with full payment, – she concluded.