Claim (demand) for a refund for spare parts

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In order for a vehicle to serve its owner properly and not unexpectedly leave the race, it requires spare parts along with fuel and consumables. Situations are common when a problem is diagnosed at a car service center, the car owner buys expensive components and assemblies, and upon closer examination it turns out that a small element needs to be replaced. What to do with purchased auto parts if they are not needed?

Attention

Auto parts can be returned to the store. In addition, low-quality spare parts and parts with manufacturing defects, which are often discovered during the installation process, are subject to return. If all terms and conditions are met, the seller has no right to refuse.

Normative base

The trader is responsible for the quality of the goods sold. The Law “On the Protection of Consumer Rights” (LCP) regulates all actions performed by the seller. Based on the Law of the Russian Federation, the selling party is obliged to provide the consumer with complete and reliable information about the subject of sale in Russian. If the annotation is in Chinese, English or any other language, then the buyer may refuse to purchase due to the fact that he did not find information in Russian.

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Article 25 of the PZPP clearly states: if the purchased product does not suit the size, color, or technical characteristics, then the buyer has the right to return it to the retail outlet. He must do this within two weeks from the date of purchase, and he must file a claim, in which he should indicate that the purchased spare part did not meet some parameters. In this case, the product can be accepted back provided that it has not been used.

For your information

Art. 502 of the Civil Code of the Russian Federation duplicates Art. 25 of the Law of the Russian Federation, therefore, it can also be used as a guide when drawing up a claim. The rules for returning auto parts with manufacturing defects are regulated by Art. 18 of the PPA, on the basis of which the selling party must: eliminate existing defects at its own expense; reimburse the costs of eliminating the defect by third parties; replace a low-quality spare part with an analogue one; return the money in full.

If the auto part does not have a warranty period, then according to clause 1. Art. 19 of the PZPP, the buyer can make a claim to the seller within two years, but on the condition that it is proven that the premature failure of the element was not the fault of the buyer. To obtain such evidence, an independent examination should be carried out.

Are auto parts subject to return to the store by law?

It is not always possible to purchase a suitable part for a vehicle, just as it is not always possible to afford service at a service station or branded repairs. Some vehicle owners prefer to independently select spare parts.

Unfortunately, such independence is not always beneficial. Sometimes the wrong part is purchased, and here the questions arise: “Is it possible to return it to the store and get a refund for the wrong part?”, “How to return spare parts according to the law “On the Protection of Consumer Rights?”, “What to do?” with a used spare part?

Let's try to answer these and other questions related to the purchase of spare parts.

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Consumer rights under the law

Is it possible to return a car part to the store if it has already been used for installation or has been in the box for several months? To do this, let's look at the legislation and read detailed explanations of by-laws and Government resolutions.

Parts that cannot be returned

The relevant law contains an indication of a special list of goods that legislators allow not to exchange or return money for. It has 14 positions, but we are interested in item.

10: “cars and motorbikes, trailers and numbered units for them.”

It seems that the Government decree removes spare parts from the list of car parts and components that are subject to exchange or return. But it is not so.

First, let us recall what should be understood by the phrase “number units” in the Federal legislation and regulations. This is important in order to understand which spare parts can be easily replaced by the seller. We go from the opposite and try to establish what is included in the term “number units”.

Most Soviet and Russian regulations have lost force, including those where the car engine was included in the “registered units”. In new regulatory documents, for example, in the order of the Ministry of Internal Affairs of the Russian Federation No. 399, issued in 2021, only three components of vehicles are numbered:

It is obvious that regulatory documents have their own interpretation of the term “unit” and it does not coincide with the definition used in automotive engineering. The legislation provides for the obligation of manufacturers to affix and record numbers on certain parts of cars and motorcycles. This is important to prevent theft and dismantling of cars for parts for illegal sale.

That is why the 2021 regulations say that it is quite possible to replace or refund money for unsuitable parts for a motorcycle or car. But there are exceptions - spare parts included in the list of auto parts that are not subject to exchange.

Let’s summarize the study of the legislation: only those auto parts are not subject to return that are specified in the order of the Ministry of Internal Affairs “On approval of the Rules for state registration of motor vehicles...”. Some regulations include the engine as a numbered unit, however, in the 2021 documents, there are no such references, so it may be subject to replacement or return.

How to return spare parts

If compensation is required for a faulty part, it is best to request an exchange first. Despite the fact that the exchange will take more time, store employees may be more responsible in finding an analogue.

When there are alternative and better purchasing options, it is better to return the spare part to the store and get money for it.

Can a car part that has been in use for a week be returned? Should you keep all original checks on hand? Let's look at it in more detail.

Appropriate quality

A product without defects, in this case a spare part, can be returned if it does not suit various properties (for example, size) or is not needed due to unsuitable configuration.

To exchange, a number of conditions must be met:

provide a receipt for payment for the spare part;
provide the store with a witness statement from a citizen who saw the purchase of the spare part and can confirm this (if the receipt is not found);
collect documents confirming the purchase and provide them no later than the 15th day.

The time allotted by law for a refund or replacement of a low-quality spare part cannot exceed 20 days. If the product is out of stock, the replacement period for the purchase of inadequate quality increases to 30 days.

Poor quality

For defective spare parts there is a replacement period of 7 days. The seller can add another twenty days to check the quality of the product and determine the quality characteristics.

The law obliges the seller to return the money or provide a quality product. Failure to comply with this provision of the law may result in a fine and administrative liability.

To the online store

Purchasing a spare part for a car remotely has its own characteristics. If a part needs to be returned, it can be returned to the seller before receipt by the consumer. You can also return an order during order formation, i.e. before it is sent. If the spare part is delivered and handed over to the buyer, the time to appeal is no more than 7 days.

If, after purchasing in an online store, a return claim is submitted, the seller is obliged to return the money no later than 10 days later. The seller has the right to deduct delivery costs from the amount paid for the goods.

Used

The money back guarantee does not apply to parts that have been previously used.

If the part has marks left by other parts of the car due to use or has other serious damage, it is not suitable for return or exchange. The legislation gives the seller the right not to respond to such demands.

That is, even if the spare part has been used, it must retain its presentation and be free from damage, scratches, dents, and other defects.

If an exchange is made for a product of proper quality, the spare part is provided exclusively new, which has not been used by other consumers, in a fully packaged form.

Deadlines for returning auto parts

The law guarantees the buyer's right to return spare parts within 14 days without giving reasons. The law says that this can be either monetary compensation or finding a suitable product or repairing it.

The period for returning auto parts sometimes differs in duration:

simple exchange of goods/refund of money – no more than fourteen days;
in the absence of a similar replacement product, no more than 3 days later, an amount equal to the cost of purchase is paid;
If there is full agreement of the parties on the need for a replacement or a refund for the purchase, the exchange is carried out without delay.

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The entire process of returning auto parts

If you need to return a car part, you must collect all available documents for the purchase: receipts, contracts, obtain a bank statement about transfers from a credit card or payment card.

Typically, the store considers an oral request from the buyer, who substantiates his words with copies of documents. If this does not work, all that remains is to register a request for the return of the goods in writing. The auto parts store is required to register the claim and provide a response to the claim.

Some online stores and regular retail outlets have their own rules for returning spare parts. If they directly violate the rights of buyers, it is better to follow the rules of the law and not get involved with potential offenders.

Below we will give practical advice on how to return a spare part to a car shop faster and guarantee the protection of consumer rights.

How to make an application

To return money or exchange a spare part for one that meets the requirements and standards, you need to write an application.

The legislator does not specifically indicate how the return application should be drawn up, i.e. he provided freedom of action and the opportunity to draw up a document in any form.

But still, in the text of the requirement, some mandatory positions must be included:

in the application it is necessary to indicate the details of the applicant and the person to whom the application is sent;
in the title, it is advisable to indicate the contents of the letter: “Demand (application) for exchange or return of money”;
the essence of the problem and the solution proposed by the consumer are stated in several paragraphs;
It is necessary to enter the date of purchase and indicate the desired date of return or exchange.

In the text of the letter, the consumer has the right to make a claim to the seller. The basis of the claim must be a description of the actual condition of the goods and the defects found in them.

It is important to attach copies of documents confirming payment to your application.

requirements for return/exchange of spare parts (.doc)

If the seller refuses to return the money or exchange the goods

If the seller refuses to return money or provide a high-quality, similar product at the buyer’s request, you can write a complaint or file a lawsuit.

The statement of claim to the court is drawn up by the applicant independently or with the help of a lawyer. Filing a claim in consumer court does not require payment of a state fee. Such litigation is usually considered by the courts fairly and fairly quickly.

You can also submit the application to the state body for supervision of consumer rights, for example, to the Federal Service for Supervision of Consumer Rights Protection and Human Welfare.

On the official website of the service there is an electronic appeal form that can be filled out and submitted in a few minutes.

If a dispute with a seller has to be considered in court, the consumer can justify his position not only with documents. When a check or contract is lost, the buyer has the opportunity to rely on witness testimony.

Conclusion

When buying spare parts for a car, focus on conscientious sellers with a good reputation. If you have to make a choice intuitively or there is no time, you can count on returning the goods only under certain conditions.

The first rule is the safety of receipts or purchase agreements. Secondly, the safety of the packaging. The third rule is careful use of the part. It is important to install it and study the properties in the coming days after purchase.

This increases the chances of an exchange or refund.

When the dialogue between buyer and seller reaches an impasse and both parties cannot reach a compromise solution, a written demand must be written and submitted. If this does not help, you will need to go to court or complain to Rospotrebnadzor.

Source: https://PravPotreb.com/vozvrat/avtozapchasti.html

Consumer rights to return auto parts

The buyer of auto parts has the right:

Receive complete information from the sales consultant about the purchased product (conditions of use, exchange and return, quality, purpose, warranty period).
Return the purchased auto part to the seller if it has not been used and has retained all consumer characteristics and original appearance, but provided that no more than two weeks have passed since the date of purchase . Proof of the transaction between the parties is a purchase/sale agreement or a sales receipt, and if it is missing, then the buyer will have to prove the fact of purchasing the goods in other ways, including the involvement of witnesses (clause 5 of Article 18).
Return the faulty spare part, including the numbered unit. A refusal can be obtained if the part was installed unprofessionally, which caused its failure, and if all acceptable deadlines for return have passed. When a car part fails during the warranty period established by the manufacturer, the seller does not have the right to refuse the buyer, and the car part can be returned.
Exchange a defective auto part for a high-quality one - similar or of a different brand (with recalculation). To prove a manufacturing defect, an independent examination is needed.

Is it possible to return auto parts to the store?

According to Article 25 of the Labor Code, auto parts are non-food products subject to exchange and return, even if the purchased part is of proper quality. The retail outlet has the right to set other return periods, but they should not be less than those defined by law.

Additional Information

Dishonest store sellers very often refuse to accept the purchased spare part from the buyer, citing the fact that the packaging was opened and the part was installed on the car. In paragraph 1 of Art. 25 of the PZPP states that only those goods that have been in use, but not in use, cannot be returned. And the difference between these two terms is significant, because the word “use” can be synonymous with the words “installation” and “trying on”.

What parts cannot be returned?

Sometimes car owners, through their actions, provoke the administration of the retail outlet to refuse to return auto parts. For example, a person bought a part. It is clear that he is not a telepath and cannot evaluate its performance characteristics through transparent packaging material, and even more so through a cardboard box. The purchased element must be installed to replace the failed one, and here car owners or car service workers make a mistake. When a part does not quite fit, they begin to hit it with a hammer, forcefully turn the threads and perform a whole series of other actions, which ultimately leads to the loss of the original appearance of the auto part and to its damage.

Attention

The store will not accept a “damaged” part with dents, scratches and broken threads, and they will be right.

Therefore: dear motorists and car service employees! If you are not sure that the part is guaranteed to fit the car and “fall into place like it was original,” then do not make unnecessary efforts when installing it. In addition to auto parts with mechanical damage, it is also impossible to return numbered units of proper quality, because this category of goods is included in the List of Government Decree No. 55 of January 19, 1998.

For your information

It is customary to refer to numbered units as components of a vehicle that have a personal number (frame, engine, gearbox).

Deadlines for returning auto parts

Proper quality: 14 days (Article 25 of the Law of the Russian Federation).
Inadequate quality: within two years from the date of purchase, if the warranty period was not determined by either the manufacturer or the seller (Clause 1 of Article 19 of the PZPP).
Of proper quality, if the purchase was made online: within seven days from the receipt of the parcel or at any time before the goods are sent by the online store, and if there is no information about the return period, then the auto parts can be returned within three months (clause. 4 Article 26.1 of the Law of the Russian Federation).

Return period for auto parts

The time frame for returning vehicle parts depends on several factors. Namely, how the order was placed and whether the product is of high quality or not.

Returns of quality goods are possible within fourteen days. The period is calculated from the next day after purchase. Exchange must be made on the day of application. If the same auto part is not in the store, you should receive a refund.
When ordering a spare part in an online store, you can return it at any time before receiving it. If the item has already been delivered, you have seven days to return it. Lack of information about the return period upon receipt of the goods; the right to return is retained for three months from the date of receipt of the spare part;
Defective goods can be returned to the store within the period specified in the warranty card. But if it is not there, then within two years from the date of purchase of the goods. In this case, the warranty period begins to be calculated again. The requirements must be satisfied within 7 days, and if additional verification is required, then within a month.

Step-by-step instructions for returning auto parts

Come to the store with the purchased part of proper quality (if the two-week period has not yet expired after purchasing the auto part).
Bring a sales receipt with you (if the spare part was selected incorrectly by the seller or had a manufacturing defect discovered before installation); sales receipt, work order for a service station, a copy of the service station certificate, a certificate from a car service center stating that this item does not fit the car (provided that the car owner contacted a car service center). When returning auto parts of proper quality, in accordance with Art. 25 of the Labor Code, you only need to provide a cash receipt. (But providing a check is not a prerequisite; in the absence of a fiscal document, you can refer to the witness testimony of paragraph 5 of Article 18)
Fill out an application for the return of auto parts and attach all available documents to it.

If you need to return defective auto parts to a store, then the algorithm of actions is the same. Only the procedure can be carried out throughout the entire warranty period or for two years if it has not been specified. You can return auto parts only if they have retained their original appearance and have not been used .

Return deadlines

Return terms for proper quality:

14 days from the date of purchase , not counting the day of purchase;
at any time before delivery for online transactions;
within 7 days of delivery for online transactions.

Return deadlines for poor quality:

15 days from the date of purchase for technically complex goods (numbered units);
during the shelf life of the product;
within the period specified in the warranty card;
within two years for spare parts that do not have a warranty period.

Application for return of auto parts

In the upper right corner, indicate the name of the auto parts store, its address and the full name of the director.
Please also indicate the applicant’s full name and contact details.
In the main text, you need to describe the situation in detail, not forgetting to indicate the date when the spare part was purchased and indicate the reason why you are returning it to the store. You should not write that the auto part: “didn’t like”, “don’t need it”, “changed your mind”, “was sorry for the money”, etc. It’s better to write that it doesn’t suit the design, color or dimensions.
The essence of the application (exchange, refund, appointment of an examination, etc.).
Indicate the list of documents attached to the application (checks, service station certificates, expert opinion, witness statements, etc.).
State your requirements and emphasize that the applicant is aware of his rights and is familiar with the current legislation (it is recommended to insert links to the relevant laws).
Notify the person in whose name the application is made that if it remains unattended, a complaint will be sent to Rospotrebnadzor, and other actions will be taken.
The date and signature are affixed.

If a citizen returns a defective product, he must describe in detail all existing defects.

Applications for the return of auto parts can be found here.

Return of electrical auto parts

The consumer's right to return and exchange goods of inadequate quality is enshrined in Art. 18 of the Law of the Russian Federation, but it is necessary to prove that the malfunction did not arise through the fault of the consumer. If disagreements arise on this issue, an independent examination is carried out, which can be initiated by either party.

IMPORTANT

Electrical auto parts of proper quality are returned to the store on a general basis (within 14 days), in the form in which they were sold, with the exception of numbered units (they cannot be returned).

Consumer Protection Law and Parts Returns

The first condition for answering this question concerns the quality of the purchased product. According to the provisions of Federal Law N 2300-1 “On the Protection of Consumer Rights” dated 02/07/1992, the buyer has two options for returning goods to the store, namely:

spare parts of proper quality - Art. 25 establishes the consumer’s right to exchange goods of good quality that do not fit in shape, dimensions, size, or configuration. If at the time of contact the seller cannot provide an adequate exchange, the buyer may demand a refund;
defective spare parts - Article 18 establishes the consumer’s right to demand replacement with quality parts (the same or similar) or a refund of the amount paid.

Exchange (return of spare parts) of proper quality is possible within fourteen days (excluding the day of purchase) in the absence of traces of installation and while maintaining all seals, labels, etc.

Actions in case of seller refusal

Internal rules are invalid if they contradict the law and infringe on consumer rights . If the seller expresses a categorical refusal to return the auto part, he must do so in writing. Buyer actions:

Make a claim addressed to the store director and attach all documents to it, including a written refusal from the seller (2 copies).
Contact Rospotrebnadzor or another organization capable of initiating an inspection and understanding the situation (for example, the prosecutor’s office).
Go to court.

Additional information
It is noteworthy that traders do not like litigation. And if the consumer is right according to all the rules, then his demand will be satisfied at the stage of submitting a complaint to the store director.

Actions in case of refusal

Sellers do not always meet buyers halfway.
If the store does not agree with the requirements, you must:

contact Rospotrebnadzor with a complaint;
draw up a statement of claim to the judicial authorities.

Similar actions must be taken if the seller does not accept the request. But first you will need to send your claim by registered mail with return receipt requested. This will confirm that the appeal was made, and the store representatives did not agree to a peaceful resolution of the issue.