Return of used goods

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Published: 10/20/2018

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Once the product has been used, it can be returned to the store, but this requires compliance with certain conditions. The consumer needs to be guided by the provisions of the Consumer Protection Law.

• What legal norms govern
• Return of used goods of inadequate quality
• Terms for returning used goods

Sales rules

Before understanding the return conditions, it is worth taking into account the conditions under which used products are sold. Thus, a seller offering a client to purchase used products must provide not only general information about the product, but also additional information about the existing shortcomings of the product and the sanitary treatments applied to it.

There are also some goods that cannot be sold a second time. This:

• Medicines and drugs;
• Personal hygiene items;
• Perfumes and cosmetics;
• Sewing and knitted underwear, stockings, socks, etc.;
• Household chemicals;
• Disposable tableware.

All used goods must undergo pre-sale preparation, depending on the category of goods they belong to. For example, wardrobe items must be cleaned and disinfected.

If we are talking about technically complex household goods, then they should be offered with appropriate documentation, operating instructions, and a warranty card that allows you to take advantage of the warranty terms. Not only household appliances, but also motor vehicles are considered technically complex devices, so there must be all the documents that allow the new owner to use the services of technical maintenance and registration of the vehicle.

Read all about returning technically complex goods here.

Warranty periods for used goods

Law of the Russian Federation “On the Protection of Consumer Rights”: • demand a replacement with a product of the same brand, • demand a replacement with the same product of a different brand, • demand a proportionate reduction in the purchase price, • demand immediate free elimination of defects in the product or reimbursement of costs for their correction by the consumer or by a third party, • refuse to execute the sales contract and demand a refund of the amount paid for the goods. The sale of goods at a discount due to the presence of a defect in the product offered limits the consumer’s right only to claims related to the presence of the specified defect, previously agreed upon by the seller. That is, when presenting claims to the seller, the consumer cannot refer to a defect that was previously agreed upon.

Warranty for used goods according to the law

Important: Used goods must undergo pre-sale preparation, which includes inspection of the goods, sorting them by type and degree of loss of consumer properties, checking the quality (by external signs), the functionality of the goods, completeness, and the availability of the necessary documentation.

If used goods are offered for sale, for which, in accordance with sanitary rules, sanitary and anti-epidemic measures must be carried out (cleaning, washing, disinfection, disinfestation), but there are no documents confirming their implementation, the seller is obliged to carry out these measures in the process pre-sale preparation of goods.

Used goods offered for sale must be grouped by type.

XVIII. Features of the sale of used non-food products

We require that one copy be stamped with the store’s seal, the signature of the person who accepted it, and the date of acceptance—we take this copy with us. In case of refusal, we send the application by letter with an inventory.

Is there a warranty for used spare parts? The responsibility of sellers for the sale of used spare parts is different everywhere, so before making a purchase you still need to find out the warranty period and the possibility of replacing the part in the event of a malfunction. Some car dismantling sites provide a guarantee of only two days, or even one day.

Often this time is not enough to install the necessary spare parts and further testing. Trade in used goods No. 55 “Rules for the sale of certain goods”), Section XVIII is devoted to non-food products that have been used.

Warranty for used goods

The rules for the sale of certain types of goods" (approved by Decree of the Government of the Russian Federation of January 19, 1998 No. 55 with amendments and additions) establish the specifics of the sale of used goods.

These include information about the condition of the product, any shortcomings in it, sanitary and anti-epidemic measures taken in relation to the product, technical characteristics (for technically complex goods), the purpose of the product and the possibility of using it for its intended purpose or for other purposes.

Information characterizing the condition of a used product, including its shortcomings, is indicated on the product label.

The following used goods are not subject to sale: medical products, medicines, personal hygiene items, perfumes and cosmetics, household chemicals, sewing and knitwear, hosiery, disposable tableware.

Sale of used goods and warranty period

Used goods must undergo pre-sale preparation, which includes inspection of the goods, sorting them by type and degree of loss of consumer properties, checking the quality (by external signs), the functionality of the goods, completeness, and the availability of the necessary documentation. If used goods are offered for sale, for which, in accordance with sanitary rules, sanitary and anti-epidemic measures must be carried out (cleaning, washing, disinfection, disinfestation), but there are no documents confirming their implementation, the seller is obliged to carry out these measures in the process of pre-sale preparation of goods. 132. Used goods offered for sale must be grouped by type. 133.

Warranty for used goods for the period of Federal Law

In accordance with the Law of the Russian Federation “On the Protection of Consumer Rights” (Collection of Legislation of the Russian Federation, 1996, No. 3, Art.

140) The Government of the Russian Federation decides: a list of durable goods that are not subject to the buyer’s requirement to provide him free of charge for the period of repair or replacement of a similar product; a list of non-food products of good quality that cannot be returned or exchanged for a similar product of a different size, shape, size, style, color or configuration. Resolution of the Council of Ministers - Government of the Russian Federation of October 8, 1993 Consumer rights Please notify me about your decision by phone +7 (800) 555-55-55. The application is printed or written by hand in two copies and with this application, a printed list, Article 18 of the law and the telephone number, we go to the store.

Warranty period for used goods

Information characterizing the condition of a used product, including its shortcomings, is indicated on the product label.

If a used product is offered for sale, in respect of which information must be provided on confirmation of its compliance with established requirements, expiration date or service life, but such information is missing, the seller, when selling the specified product, is obliged to inform the buyer that the conformity of the product established requirements must be confirmed, an expiration date or service life must be established for it, but information about this is not available.130.

Source: https://adler-group.ru/sroki-garantii-na-bu-tovar/

Inadequate quality

In the event that you purchased a used product, and during operation defects not specified by the seller were revealed, then you have every right to contact the seller with the appropriate requirements.

Of course, it will be important to prove the fact that the products were purchased in this condition, but you had no idea about the specific defect.

Items sold at a discount may be returned to the seller under the same rules as any other. Even if the defect existed at the time of sale, but the seller did not notify the buyer of a specific defect, not only verbally, but also in writing, then such a defect may be the reason for a return or other legal claims.

Is it possible to return a used product if it is of proper quality?

Legal instructions However, the impossibility of applying the PLA does not mean that the buyer is not protected in any way in these legal relations. The general provisions of the Civil Code of the Russian Federation on the purchase and sale agreement apply to such transactions, which means that the contract of sale is considered concluded at the moment an agreement is reached between the parties, even orally, Art.

This is enough so that if there are defects that were not specified by the seller, the buyer, in accordance with Art. And if significant deficiencies are found, the money will be returned.

If you cannot find mutual understanding with the seller, you can file a claim in court. However, the chances of proving your case in court are not great. If the seller denies everything, then the buyer will first have to prove the very fact of concluding the contract, while, in accordance with Art. Screenshots of the ad and pages of correspondence with the seller are suitable as other evidence.

For example, the popular site Avito. An examination can confirm the non-compliance of a product with the declared qualities. Thus, the prospect of a lengthy trial looms, the result of which will not necessarily be in favor of the buyer.

If there is a written agreement, the dispute will most likely be resolved out of court. Buying a car second hand - what do you need to know? Drawing up a purchase and sale agreement in writing will allow, in the event of a dispute, to prove the existence of an obligatory relationship between the parties and, accordingly, if there are legal grounds, to return the goods to the seller.

A standard PrEP template is easy to find on the Internet. The contract should reflect in detail its subject matter, the main characteristics - quality, quantity, condition at the time of the transaction.

The contract should indicate whether third parties have claims on this item, whether it is in collateral, under arrest, etc. It is also worth indicating in the contract the passport details of the parties, registration addresses at the place of residence and actual residence, and telephone number. It is worth verifying the identity of the seller using your passport. Reminder to the buyer - what do you need to know when going to the store? Advertising sites often sell products that are still under warranty from the manufacturer or seller.

Buyers should be aware that the transfer of ownership of such an item does not terminate these warranty obligations. This may be an heir, a person to whom the item was subsequently alienated, etc. Thus, the buyer can take advantage of the guarantee for an item purchased second-hand if its term has not expired. Don't miss the most important things happening on the Internet. Subscribe Not now.

Author of the publication:. To write a message. Summary: Is it possible to return a used product to the seller? How to draw up a simple written purchase and sale agreement?

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Return Policy

You can return used goods of inadequate quality if the defects in the goods existed at the time of purchase and did not arise as a result of use. Goods are of high quality and can be returned to the seller within 14 days, regardless of whether they are defective or not. After 2 weeks, returns are possible only if there are defects and defects that existed before purchase.

If this fact is confirmed:

• The buyer may request the return of the goods;
• The buyer has the right to demand a reduction in price;
• The buyer may demand that the product be replaced with another;
• The buyer may request free repairs.

With used goods, such facts can be proven only by conducting an examination of the quality of the goods.
Sellers rarely agree to conduct such examinations at their expense. However, if you are sure that you did not cause the damage or that the used item was simply manufactured incorrectly, then you can contact the experts, and based on the results, request compensation for expenses and issue a return from the seller.

Read about how an independent examination is carried out here.

The examination lasts 20 days. If as a result you receive evidence that the breakdown is not your fault, you can contact the seller to arrange a return or exchange of the goods. Your requirements must be fulfilled within 10 days from the date of submission of the written application.

Trade in used goods

Or does the seller have the right to set his own terms? According to Part. Has the right, but is not obligated. Article 4 of the PPA establishes the seller’s obligation to sell quality goods. If there are defects in the product, they must be specified in the purchase and sale agreement. And finally, h. Contact this store, you have the right to submit a product breakdown for examination.

Or verbally agree to reduce the cost, repairs must be made at the expense of the seller. If a defect or significant defect is detected, the buyer has the right to contact the store and demand that it be repaired, as well as replaced or returned.

In the event that the breakdown occurred due to the fault of the manufacturer or seller, these requirements must be satisfied. Otherwise, all costs for repairing the product will be borne by the consumer himself. Establishing a warranty period as such is the right of the seller, but not his obligation in principle.

Thus, according to paragraph. The corresponding requirements should be addressed to the seller or manufacturer of the goods. Vitaly, if you have any questions, ask, I will be happy to answer. You can also write to me in the chat and order a personal consultation or preparation of a document on your question. All the best! Consult a lawyer online. Ask a lawyer. Categories Consumer protection What are the warranty periods for used equipment? Online legal consultation. Answers from lawyers 2. Chat Free assessment of your situation.

Maksimenko Anna. Vitaly client, Maksimenko Anna lawyer, Rating Lawyer. Larin Alexander. Vitaly, hello! All legal services in Moscow. Return of technically complex goods. Return of defective goods. Best price guarantee - we negotiate with lawyers in every city on the best price. View all services. What is the warranty period and does it apply to a battery purchased separately from the device?

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Guarantees

When purchasing a used item, pay attention to the warranty cards and accompanying documents. If it is not included in the kit, then you should focus on a period of 2 years from the date of sale of the product. Accordingly, if you identify breakdowns and defects that arose during this time, you can contact the seller or manufacturer for repair or exchange of the product.

There is also such a thing as service life.

The service life is calculated from the moment of sale, and by law cannot exceed 10 years. For goods of different types and purposes, the service life may be different, but cannot exceed 10 years.

Bottom line

Thus, if you purchase a used product, then you can present your claims to the seller and manufacturer according to standard rules. The return of used goods under the Law “On the Protection of Consumer Rights” is possible both within 14 days without explanation, and after this period, if the reasons for the request are not related to a discount and were not caused by your actions.

How to return an item within 14 days without giving a reason, read here.