Is it possible by law to return a washing machine to the store within 14 days and how to do this?

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Published: 10/02/2018

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The process of returning such technically complex goods as a TV is regulated by the Law of the Russian Federation No. 2300-1 “On the Protection of Consumer Rights” (ZoPP), the Decree of the Government of the Russian Federation No. 55 “On approval of the Rules for the sale of certain types of goods...” and the Plenum of the Supreme Court of the Russian Federation No. 17 “ On the consideration by courts of civil cases in disputes regarding the protection of consumer rights”, Civil Code of the Russian Federation, and other regulatory documents.

For what reason can I return the TV to the store within 15 days?
How to return the TV to the store within 15 days? If the TV is of good quality
If the TV is defective

What to do if the seller refuses to return it?

Does it apply to technically complex goods, and what does it provide?

All household appliances, be it a TV, refrigerator, washing machine or other device, have a warranty. According to Article 18 of the Law “On the Protection of Consumer Rights”, if minor defects are detected, the buyer can return a technically complex product and demand a refund or replacement with a similar product if no more than 15 days have passed since the date of purchase.

Upon expiration of the specified period, the requirement to return the goods is carried out when the goods have a significant defect. If the warranty period has not expired, the equipment will be repaired at the manufacturer’s expense or the funds will be returned.

Free troubleshooting

The rights of buyers to receive quality goods and services are guaranteed by the Consumer Rights Protection Law (CPL). There is an established procedure that the consumer has the right to take if he discovers a defect in his purchase. The set of acceptable requirements is determined by two factors:

Time elapsed since purchase.
The category to which the product belongs.

Within 14 days after purchase, the product can be returned or exchanged for an analogue without explanation. It is important that at the time of return or exchange the item retains its presentation, as well as factory tags and seals. If the product turns out to be of poor quality, then the appearance of the packaging does not matter, but in order not to have to prove the presence of defects, it is better to present the product in proper form. This measure will speed up the exchange or return procedure, and will also avoid carrying out a product examination, which sellers often insist on.

If the buyer discovers a defect after 14 days, but before the expiration of the warranty, he may demand from the seller:

Carry out repairs under warranty.
Compensate for restoration work performed independently or by a hired specialist.
Cash for returning a purchase.
Exchange for a similar product of proper quality.

In the case of the acquisition of defective products that are technically complex, the set of acceptable requirements is reduced. They are subject to exchange and return only if a significant and irreparable defect is discovered, and also if the device had to be restored several times.

Such products include:

Cars and other vehicles.
Large household appliances, including refrigerators and washing machines.
Electronic devices including computers and televisions.

How long does it legally last?

The period during which the consumer can return the goods is set by both the manufacturer and the store seller. In this case, confusion occurs because the product has two warranty periods. For example, when purchasing equipment, the seller notifies the visitor about the warranty period of 1 year, when, as in the product’s operating instructions, other information is recorded - 2 years. The Law “On Protection of Consumer Rights” states that the buyer can make demands on the quality of the product during the warranty period specified by the manufacturer. The duration of the warranty is a variable value; the period may vary depending on the type of equipment. Both the seller and the manufacturer have the right to independently determine the warranty period for any product.

The term and conditions for fulfilling the buyer's requirements are indicated in the warranty card or obligation , technical document or operating instructions.

Important ! If the deadline is not indicated anywhere, but was stated orally by the seller, then this information is invalid.

According to the law, the warranty starts from the date of purchase. If the exact date of transfer cannot be determined, then these periods are calculated from the date of manufacture of the goods. This fact is enshrined in clause 2 of Art. 19 ZPPP.

Is it possible to replace a TV under warranty?

Thus, if you require the seller to replace a defective product with a new product of the same brand, the seller is obligated to replace it and not repair it.

In accordance with Part 1 of Art. 19 of the Law of the Russian Federation dated 07.02.1992 No. 2300-1 “On the protection of consumer rights, the consumer has the right to present the requirements provided for in Article 18 of this Law to the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) regarding defects in the goods if they are found in during the warranty period or expiration date. Therefore, you have the right to demand that the seller replace the defective product with a new product of the same brand throughout the entire warranty period, and the fact that you have used the product cannot serve as a basis for refusing to replace it.

Consumer rights when a defect or malfunction is detected

The return of technically complex goods, which includes all household appliances, except vacuum cleaners, is regulated by Article 18 of the PZPP. According to the normative act, if deficiencies are identified, the consumer has the right to :

replacing defective equipment with a similar, fully functional product;
elimination of a product defect by the seller (in this case, by law, the product must be under repair for no more than 45 days);
replacement of faulty equipment with another one with the return of the difference in cost or with additional payment by the buyer;
proportionate reduction in the purchase price;
refuse the equipment, return it to the store and receive the full price.

The Law “On the Protection of Consumer Rights” provides for all special cases and deadlines for returns and other similar manipulations with technically complex goods:

If minor defects in appearance or technical parameters are discovered, you can file a claim within 15 days from the date of purchase of the household device.
If serious defects are discovered that prevent the product from being used for its intended purpose, the buyer may contact the seller or manufacturer during the warranty period. If there is no warranty coupon, a return is possible within two years after purchasing the product.
If repair deadlines are violated, that is, more than 45 days, the consumer has the right to file a claim.
The buyer can count on a refund if the equipment was constantly under repair and was ultimately used for its intended purpose for less than 30 days within one year.

What problems can be fixed?

It is possible to eliminate a defect under warranty if it was not specified in the contract or was not agreed upon between the buyer and seller during the sale.

Therefore, before purchasing, carefully read the documents for household appliances. If a defect is recorded in them (for example, a light bulb on an electric kettle does not light), then the defect will not be repaired at the manufacturer’s expense.

Also, breakdowns are not subject to warranty repair if they arose for specific reasons :

careless operation;
use of equipment for purposes other than its intended purpose;
exposure to natural anomalies and the ingress of water or any substances that will affect the proper operation of equipment;
improper storage and careless transportation.

Subtleties of interaction between buyer and seller

There are points that need to be paid special attention to. The fact is that large companies directly use legislative norms to their advantage. The job of a citizen is to identify the trick at the stage of acquiring expensive property. The main points are as follows:

Claims regarding the quality of the purchase can only be made if the defect is not reflected in the contract (description);
The buyer has several alternative options to remedy the defects:
return of spent funds;
reimbursement of money that a citizen will spend to bring the property into working condition;
replacement of unusable property.

Therefore, when investing serious funds, it is necessary to carefully read the papers: contracts, warranty cards, and the like.

Types of goods and supplier guarantees

In the legal field, things sold are divided into certain groups. They are:

ordinary;
durable;
technically complex.

As a rule, ordinary purchases cannot be repaired. They are replaced if defects are detected. It's a different story with complex property. The legislator identified items consisting of many complex elements. Often the components are produced by different companies. Due to this, technically complex products cannot be replaced or returned:

if the breakdown is not considered significant;
detected in the first fifteen days.

About application deadlines

The legislator has established periods when the buyer can make claims for defects. Compliance with the deadlines leads to repair work at the expense of the manufacturer. Thus, Article 19 of the law provides the following periods:

warranty, specified in the sales contract or coupon;
two years beyond the warranty period;
service life period;
up to ten years, if the service life of the item is not established.

To whom is the claim sent?

The law gave the citizen the right to choose the addressee of claims. The latter can be sent:

to the seller;
to the importer (if things are brought from another country);
to the manufacturer.

Technically complex - what are they?

The Government of the Russian Federation has approved a register of goods classified as technically complex (No. 924 dated November 10, 2011). Thus, the normative act lists the following items:

computers and televisions;
navigation equipment;
vehicles, including specialized ones;
ships;
aircraft;
electrified tools;
watch;
refrigerators and other household appliances;
snowmobiles with an engine based on the internal combustion principle;
other.

By another resolution, the Government approved a list of items that are not subject to temporary replacement under warranty. These include, in particular:

vehicles of various types, including motorcycles;
pieces of furniture;
consumer electronics;
electrical household equipment for cooking;
weapon.

When a manufacturer has the right to refuse a consumer

The legal framework describes non-warranty cases. Such will be recognized if the breakdown occurred for the following reasons:

improper operation not provided for in the instructions;
careless attitude towards the purchase (blows, falls, etc.);
exposure of a thing to elements or substances for which it is not designed (fire, water, chemically active ingredients, etc.);
improper transportation (without taking precautions).

What should the consumer do after discovering a defect?

Let's consider the buyer's algorithm for detecting significant deficiencies and making claims for warranty repairs.

Where to go?

According to paragraph 3 of Art. 18 of the Law “On Protection of Consumer Rights”, the buyer can contact :

to the seller from whom the household appliances were purchased;
the manufacturer of the product, information about which is indicated on the packaging or in the instructions;
to the importer (the company that brought the goods from abroad).

What to prepare?

To simplify the process of returning goods under warranty, you need to have proof of the date and place of purchase. Therefore, before visiting the seller (manufacturer, importer), collect the following documents :

cash receipt;
warranty card for the product.

According to paragraph 5 of Article 18 of the PZPP, the absence of any document is not a basis for refusing the buyer warranty repairs.

Drawing up an application

When submitting a product for repair under warranty to eliminate defects, you must fill out a statement indicating:

information about the retail outlet or manufacturer that accepted the goods;
personal and contact information of the consumer;
information about the product and its serial number;
description of appearance;
completeness;
purpose of delivery;
deficiencies that need to be eliminated;
date of receipt of the application.

For example, here is the wording of the statement : “On May 16, 2021, I purchased a washing machine from you (model description) worth 27,999 rubles, which is confirmed by a cash receipt (or sales receipt, invoice, bank statement or other document).

On July 16, 2021, during the operation of the product, the following defects were discovered: the water does not heat up during washing and the timer is lost. Thus, the product does not comply with the contract (or sample, purpose, etc.). According to Article 18 of the Law “On Consumer Protection”, I have the right to demand immediate, free of charge elimination of defects in the product.

Based on the above, I demand:

Eliminate product deficiencies in a timely manner.
Upon completion of the repair, issue the necessary documentation.
Provide a product with similar consumer properties during repairs. »

Is an examination necessary and at whose expense is it carried out?

Sometimes the buyer may be refused to return the equipment, allegedly the defect was not the fault of the manufacturer. However, verbal guesses are illegal grounds for refusal . All assumptions must be documented, therefore, to determine the cause of the defect, the seller appoints an examination.

According to clause 5 of Art. 18 of the PZPP, if, based on the results of the inspection, it turns out that the breakdown occurred due to the fault of the consumer, then all financial expenses incurred (including transportation of household appliances to the place of examination) must be compensated by the buyer.

Important ! By law, both the buyer and the seller (manufacturer, importer) have the right to be present during the examination to exclude the possibility of distortion of its results.

If the verification does not satisfy the consumer, then the procedure can be repeated by independent experts. Therefore, after receiving the first conclusion, the results of which did not satisfy the buyer, he has the right to provide the seller with a report on a re-examination conducted at his own expense. This is not necessary, but such manipulation convinces the seller not to take the matter to court.

Warranty repair periods

After the consumer submits an application, the seller, manufacturer or other authorized person is obliged to eliminate the defects of the product within 45 days. However, if repairs cannot be completed within this period, then both parties enter into a written agreement to provide a new period.

In addition, during warranty repairs, at the buyer’s request, the seller must provide within three days a similar serviceable product with the same consumer properties, arranging delivery at his own expense.

How to file a return claim

In a claim for the return of a washing machine, you must include the following information:

Full name of the buyer, his passport and contact details;
name of the company (full name of the individual entrepreneur who sold this product);
company details (TIN, KPP, legal and actual addresses);
circumstances of purchase : when the product was purchased;
information about the product : make or brand, model;
what shortcomings were identified by the buyer;
requirement to the seller : return the money, exchange for another;
it is also worth indicating your intention to go to court or Rospotrebnadzor if you refuse to satisfy its demands;
date and signature of the applicant.

A sample claim for the return of a washing machine can be downloaded here. The document is accompanied by a copy of the buyer’s passport and a bank account statement with details if he would like to terminate the purchase and sale agreement and receive the money back into the account.

A cash receipt or sales receipt must be attached to the claim, but their absence under Article 18. The Consumer Protection Law cannot become a basis for refusing a refund. It can also be accompanied by:

act on checking the technical condition of the goods , which confirms the presence of a significant defect and the impossibility of eliminating it;
certificate of acceptance and transfer of goods for repair , which confirms the fact that the repair lasted more than 45 days;
marks from the service center confirming repeated repairs during the warranty year for a total period of more than 30 days.