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 outlet (to be sure, use a ready-made form or sample that can be found on the Internet). Wait for a response. By law, the store management is required to give at least some 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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- 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.).
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).
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 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 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 a book or a personal complaint to a regulatory organization will cost the seller a decent amount, a thorough inspection, up to the closure of the store. You can complain to the Inspectorate for Trade and Quality of Goods of the Russian Federation.
There are generally 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 mini-investigation, weigh, inspect the packaging, and conduct an organoleptic examination (color, taste, smell). If a complete analysis of products is necessary, 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 proving your stay in the hospital, the purchase of medicines, and contact the store with them, demanding reimbursement for the costs of treatment. 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 ends 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.
And they refuse him? Which side is the truth on?
The only buyer who is always right is the one who has knowledge of the law"On the protection of consumer rights."
In Russia it is they who are regulated to a greater extent buyer-seller relationship goods of various categories. Information about the contents of this extremely important document for each of us can save time, nerves and money.
It is worth mentioning separately about food products. We buy them more than others, therefore, the risk of encountering a situation where the purchase for one reason or another needs to be returned is higher. Do we have this, in what situations and how to do it?
In what cases is it possible?
Many people ask the question: Is it possible to return food products of proper quality? And are there any products that cannot be returned?
Based on Articles No. 492 of the Civil Code of Russia and No. 2 of the Federal Law “On the Fundamentals of State Regulation of Trade Activities in the Russian Federation”, the seller must transfer as food, fit for human consumption.
The buyer, in accordance with the law “On Protection of Consumer Rights”, can issue refusal to purchase, if it is discovered that the product is of inadequate quality. A product is considered to be of poor quality for objective reasons. unusable for its intended purpose.
For food group objective reasons may be:
Such foods returnable back to the store, and the buyer will be right under the law.
- change product for a similar one;
- return money in full;
- reduce cost, if the buyer is ready to use the product further.
If the product has already caused harm to the consumer’s health, then he has the right to demand compensation for losses. This will most likely have to be done through. The main thing in this case is not to lie and not to sacrifice yourself by using spoiled product knowing the consequences.
The law is on the buyer's side only when he suffers unknowingly. It states that the consumer is not obliged to understand the information on the product packaging and generally be aware of its properties.
This part of the law works, for example, if the product information states its hypoallergenic, but it still causes an allergic reaction in a person, or if the composition does not indicate any of the substances, which also adversely affects the consumer's well-being.
Article 492 of the Civil Code of the Russian Federation. Retail sales agreement
- Under a retail purchase and sale agreement, the seller, engaged in business activities of selling goods at retail, undertakes to transfer to the buyer goods intended for personal, family, home or other use not related to business activities.
- A retail purchase and sale agreement is a public contract (Article 426).
- Relations under a retail purchase and sale agreement with the participation of a citizen buyer that are not regulated by this Code are subject to laws on the protection of consumer rights and other legal acts adopted in accordance with them.
With proper quality
There are some products that cannot be returned to the store if they are quality is high, and all claims are subjective. Food included in this list. Even if the purchase has just been made and they decide to cancel it without leaving the checkout.
Once the receipt has been knocked out, the return of food products of proper quality is impossible under the law. If the consumer thinks that the product is of poor quality, but there is no evidence, in addition to personal feelings, it will have to be carried out, otherwise the exchange of food products of proper quality cannot be made.
Evidence that the buyer is right
Few sellers will argue that June 20 has already passed if at the time of purchase it is June 22 of the same year.
Particularly useful in this case, a receipt indicating the date of purchase and the name of the product with the article number.
In case all the listed methods do not work, or the buyer only refers to personal feelings(you don’t like the smell, the taste seems suspicious), then it is necessary to conduct an examination of the product. If the examination confirms unsatisfactory quality product, the buyer will be able to demand reimbursement of the cost and even compensation of costs through the court.
Documentation of the claim
The return claim must be submitted before the expiration date goods. With the food group, this condition is more difficult to fulfill, because most often they complain about already expired.
You can prepare such a document by hand or on a computer. The registration procedure is as follows.
In the upper right corner you need to indicate to whom this claim is addressed. Can be used name of shop or full transcript Full name of its manager. Then you need to indicate who is sending. In addition to the full name, the consumer leaves your contact details: personal telephone number, home address and, if necessary, email address.
In the center of the page under the “header” you need to write the word "Claim", and from a new line - briefly and clearly state the essence of what happened. You should indicate which product was purchased, where and when, and at what price. Explain why he should be accepted back, that is, talk about defects. It is better to refer to the law here and formulate what it is rights violation buyer.
If there is proof of purchase documentation, you need to list them.
They are also required to be copied and attached to the claim as applications.
This is also worth writing about. If there witnesses purchases, I must say about this.
After a detailed description of the problem, you should indicate your requirements: about the complete or partial replacement of one product with another.
The claim must be considered within maximum of a month. You can specify something else in the text, but not less than one week.
At the very end of the document, for it to be considered valid, you need to put your signature, indicate the last name and date of registration of the claim.
Required on all pages make a copy and keep it for yourself.
Give the original letter and copies of checks or invoices attached to it to the store manager or other authorized person, or send it by mail to a valuable by letter with notification about delivery.
If an application is refused, the consumer may draw up an act of violation of rights, enlist the support of two witnesses, not forgetting to indicate their contact information, and submit the materials to the court.
The seller will either satisfy the requirements partially or fully, or refuse to satisfy. About any of his decisions he must notify applicant.
If in a maximum of thirty days there will be no response or the buyer will be given a reply without a clear decision, you can safely contact Rospotrebnadzor or the Society for the Protection of Consumer Rights. The case will most likely be resolved in court.
If there is no receipt when returning food products of inadequate quality
The law is on your side here honest consumers. If the buyer does not have a receipt, but has a claim regarding the quality of the food product, satisfaction of his demand is still possible. But for this will have to prove that the product was actually purchased in a certain place with existing defects.
They can help witnesses, if suddenly there is an opportunity to contact them: for example, if a buyer came to the store with friends. On surveillance cameras there's no point in counting, because until the fact of purchase is proven, no one is obliged to share the records.
Also, to prove that he is right, the consumer can ask for article identification and other data on the product indicated on the product packaging and in store invoices.
Thus, returning food products of inadequate quality is not an easy procedure and strictly limited by law.
You can count on the compliance of sellers, but it’s better to rely on yourself and knowledge of your rights. As a last resort, it should be remembered that serious organizations, such as Rospotrebnadzor, Sanitary and Epidemiological Station, OZPP and others.
Any consumer should be careful when making a purchase and carefully check the quality of the chosen product even before it reaches the checkout. You need to pay attention to the labeling of the product, its appearance, taste, color and smell - if the product is intended for food.
Saving a receipt - guarantee of peace in case of an unpleasant need to return the goods. Preventing a problem is much easier than trying to solve it.
Store shelves are overflowing with low-quality, harmful and expired goods. As a rule, when choosing a particular product, the buyer refers to the popularity of the manufacturer, the design of the packaging and the recommendations of friends. Quite rarely does the consumer pay attention to its composition. The packaging contains information that allows you to find out how high-quality and natural a particular product is. Rospotrebnadzor regularly checks food. The black list of products is constantly updated. Thanks to him, you can purchase only high-quality goods.
Full inspection of goods in production
This year, Rospotrebnadzor inspected a number of products. Specialists visited a huge number of not only stores, but also production facilities. Already in the first quarter they inspected more than 100 enterprises. Experts sent more than 1,000 food samples for examination. Almost 2% of goods turned out to be unsuitable and dangerous for consumption. They were urgently added to the black list of food products.
The blacklisted products contain food additives that, if consumed in excess, can cause life-threatening diseases in humans. It is for this reason that it is important to pay attention to the components that are included in the product you choose.
Checking stores
This year Rospotrebnadzor has done a colossal job. Food products were carefully studied not only in factories, but also in stores. More than 50% of outlets failed inspection. As a rule, in this case, entrepreneurs sold expired and low-quality products. They did not adhere to storage conditions and did not have any rights to the goods.
During the inspection, more than 120 protocols were drawn up. The court decided to confiscate the low-quality one and seized it in the amount of 53 thousand rubles.
Sold expired goods: what to do?
Not everyone thinks about what we eat. Due to your own carelessness, you can purchase expired goods in almost any store. Irresponsible sellers often put such goods on the counter deliberately, wanting to avoid financial losses. Eating expired products can cause not only intestinal infections, but also other diseases. If you purchased an expired product, do not rush to throw it away. From our article you can find out what actions need to be taken in such a situation.
Rospotrebnadzor regularly monitors the quality of goods. Products are checked both in factories and in stores. However, after some time, many entrepreneurs again begin to sell low-quality and expired goods. When purchasing such a product, first of all you need to take the receipt with you and try to return it. The seller will replace the product with a fresh one or return the money you spent on its purchase.
If the seller refuses to replace the product or return the money, you will need to write a written statement of complaint. This must also be done if the product has caused food poisoning. The application must be accompanied by a photo of the product and a receipt for its purchase.
There are often situations where the expiration date has not yet expired, but in this case you can also request a replacement of the product or a refund. If you have not saved the receipt, then this procedure will be more difficult. To clarify this situation, it is necessary to request a review of CCTV footage. Witnesses who went shopping with you can help you get your money back or replace the product.
If store employees refuse to return the money or replace the product, be sure to request a complaint book and describe the violation in it. The written statement that we talked about earlier must be submitted to Rospotrebnadzor or a consumer rights protection organization.
How to properly file a complaint about a low-quality product?
Rospotrebnadzor regularly seizes low-quality products and goods. However, they are not able to inspect all retail outlets in the country. In this case, complaints written by consumers help them. Absolutely everyone should know how to correctly file a complaint against an irresponsible entrepreneur with Rospotrebnadzor. It is statements like these that help identify gross violations on the part of entrepreneurs.
In a complaint against a store that sells low-quality goods, you must indicate the address and details of the director of the outlet. You will also need to write your personal information. These include full name, telephone number and actual residence address. At the next stage, you need to provide detailed information about the product, namely, its description, cost, date and time of purchase, as well as the expiration date indicated on the packaging. If you are attaching a receipt to your complaint, this must be indicated in the application. At the very end, you must sign and date the application.
Deterioration in quality
Rospotrebnadzor checked the quality of products not only locally produced, but also imported. Experts have found that the quality of goods made outside the Russian Federation is noticeably deteriorating. This summer, Rospotrebnadzor developed a strategy that will improve the quality of absolutely all products until 2030.
Experts say that every year imported products become more harmful. The number of dangerous additives in it increases every year. Such changes do not comply with generally accepted standards. Many people don't think about what we eat. Buyers often pay attention to the reputation of the manufacturer. During the first half of this year, a large number of popular imported goods were seized. Such products accounted for 65% of the total amount of low-quality food.
Counterfeits
This year, Rospotrebnadzor conducted a full inspection. The black list of products was supplemented by counterfeits. Butter is also the most commonly counterfeit product.
The black list includes butter produced by the Kursk Milk plant. After examining the samples taken, it was revealed that the product contains vegetable fat that is hazardous to health. The degree of danger is at a medium level. The product cannot be called butter, since it contains only up to 50% milk fat. The cost of the product is about 70 rubles per half kilogram.
"Dixie" and "Traditional" are two types of oil that are also included in the black list of products. The packaging states 82.5% milk fat. The test showed that the composition contains 81% of this component. These types of butter almost completely correspond to the information stated on the packaging. However, they were blacklisted due to violations of safety standards during manufacturing. The product contains overestimated fatty acid levels. Buyers note that these types of butter have a rather unpleasant odor and do not recommend purchasing it.
Counterfeits include Ostankino sausages. Rospotrebnadzor claims that the manufacturer saved on their production. The components stated on the packaging were completely or partially replaced with soy, cartilage and skin. The number of dangerous microbes in such a product exceeded the norm by 52 times. This may indicate that sanitary requirements are completely ignored in production. Buyers note that recently the quality of these sausages has noticeably deteriorated.
Poor quality sausages
This year, Rospotrebnadzor compiled a black list of products. It includes a huge number of sausages. This is no coincidence. For testing, sausages from well-known brands were purchased. Only one out of 8 samples was found to be safe for consumption. The shelf life of such products ranges from several weeks to a month. However, due to manufacturing irregularities, it is not recommended to consume them a week after packaging.
A huge number of microorganisms were identified in all samples. Eating sausages that are included in the black list of products can cause serious food poisoning. Violators face a fine of up to 300 thousand rubles. If their use causes harm to the buyer’s health, the fine will double. In some cases, the offender may face prison time.
Is it possible to give sausages to children?
Many parents prefer boiled sausages when preparing breakfast or a snack for their child. However, Rospotrebnadzor does not recommend abusing such products. It is not advisable for children under 14 years of age to include sausages in their diet. After all, they contain additives that affect the development of the body. The composition also includes phosphates, which remove calcium. They can cause excessive brittleness of bones and teeth.
It's best to cook it yourself. Such a product will not contain harmful components and will be useful not only for children, but also for adults.
Children's drinking water
Regular inspections are carried out by Rospotrebnadzor. The blacklist of products contains a huge number of products that do not comply with generally accepted standards. Rospotrebnadzor especially carefully checked products intended for children. In August of this year, 5 samples of baby water were sent for examination. None of them passed the test. Mercury was found in three samples. This component accumulates in the body and can cause a deterioration in the child’s general condition.
Some of the samples have a distinct odor when heated. This indicates that the water contains hazardous substances.
Let's sum it up
Rospotrebnadzor regularly checks food products. Every year there are more and more low-quality goods. We strongly recommend that you familiarize yourself with the black list of products and pay attention not only to their price and popularity, but also to their composition. Be healthy!
How to return a quality product that simply doesn't fit?
No way. Food products are included in the list of goods that are not subject to exchange or return. That is, if you bought refined oil and were going to buy aromatic oil, then the store will not replace it for you.
How to return a defective product?
The seller is obliged to either replace it or compensate your losses. In order to return such a product, you must prove the fact of purchase and that the product is truly of poor quality. In some cases, you show that the expiration date has expired, present the receipt - and no problems. A conscientious seller will return your money or replace the product.
What to do if you don't have a receipt?
The absence of a receipt is not a reason for the seller to refuse a refund. But you must prove the fact of purchasing this damaged product at this particular outlet. Witnesses can help you, so it's better to go shopping with friends or stand in line next to your neighbors. But it’s better not to count on surveillance cameras: until you have proven the fact of purchase, the seller does not owe you anything and is not obliged to provide data from their cameras.
What if the seller does not admit that the product is of poor quality?
You can contact the laboratory of the Sanitary and Epidemiological Station and order an examination of the product. You need to do this at your own expense, but in the end you will be able to recover your losses from the seller along with the cost of the goods and compensation for moral damages.
Will the money be returned if the packaging of a low-quality product is opened?
In this case, you need to prove that you actually bought a low-quality product from the store, and did not damage it yourself. For example, they were stored incorrectly. Lawyer of the Society for the Protection of Consumer Rights Oleg Frolov said that over the many years of judicial practice of the society, the seller’s guilt in such cases has never been proven. Buyers found foreign objects in the products, for example, a mouse in a bag of nuts, worms in chocolate, a condom in baked goods... But the sellers accused the plaintiffs of acting on orders from competitors and trying to discredit the good names of the manufacturer and seller. And they planted the mice in the nuts themselves.
Will I get my money back for a low-quality product purchased at a promotional discount in a supermarket?
Poor quality goods must be returned in any case, regardless of discounts and promotions. You cannot demand a refund only if the seller warned you in advance about the defect. For example, if the packaging of a product is dented and it is for this reason that it is sold at a discount, you will not be able to return it due to defects in the packaging. But if after purchase other defects are discovered, you have the right to get your money back.
If the promotion sells goods that have already expired, then this is a violation of the legislation of the Russian Federation. Since the seller is obliged to provide customers with goods of appropriate quality and guarantee their safety.
We live in a country where our rights are violated at every step, we are deceived, cheated, robbed, fooled, given false information, poisoned with medicines, low-quality products, and poor ecology. Sometimes this becomes so obvious that a person reaches an extreme degree of indignation and is ready to spend his nerves to restore justice. This is exactly what happens when spoiled food purchased at the nearest supermarket spoils our mood and health. Where to go to complain in such cases is a question that worries many people.
An excellent practice has developed in Western countries: complain to higher authorities about any violation that infringes on the rights of buyers or harms their health. And these complaints really work there. In Russia they also like to complain, but only behind the scenes, in kitchens, in get-togethers. And if one, another, a third, a tenth, a twenty-fifth complained, the supervisory authorities would begin to work in full force. But where should one go to complain?
The first thing that comes to mind- bring the damaged product back to the store along with the receipt and demand its replacement with a quality one or a refund. Yes, that would be an easy option. But even if they replace your product with another or return your money, this will not set a precedent, and unscrupulous sellers will deceive customers again and again. It's better to file a complaint.
Regarding spoiled food, deception in stores, poor quality service, all this will be of interest to an organization called Rospotrebnadzor. Every city has reception offices at the city administration. You can come in person , write a statement in 2 copies. One of the copies must be stamped with a stamp indicating acceptance of the application. You can also send an application by mail with notification of acceptance. You can even call by phone , but it’s not a fact that a telephone conversation will work - we’re used to trusting paper more than people.
With such a complaint you will create a precedent, a problem. The complaint must state the claim and attach evidence in the form of a receipt and a photograph of the spoiled food product.
If Rospotrebnadzor did not take any measures, did not respond to your application, or even refused to accept it, you can complain about this organization to the prosecutor’s office. Or you can complain to the head office of the Federal Service for Supervision of Consumer Rights Protection on the website rospotrebnadzor
All kinds Consumer Rights Protection Society also at your service: they have experienced lawyers who will help you competently write a complaint or lawsuit.
But the best part is that you can file a complaint against a store selling low-quality products. via the Internet . The same Rospotrebnadzor provides this opportunity. A complaint can be sent to specialists using a special form. The letter must be formatted according to certain rules: your details, last name, first name and patronymic, postal address with zip code, all information about the store - address, name, product and all data from the receipt must be indicated.
