Returning a technically complex product: is it possible to return small household appliances to the store?

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According to the Law “On the Protection of Consumer Rights”, you can return the washing machine back to the seller only if it is of inadequate quality (defective). At the same time, based on the Decree of the Government of the Russian Federation No. 924 of November 10, 2011, a washing machine of proper quality cannot be returned or exchanged for a similar product of a different style, size, shape, dimensions or configuration. However, there are options for returning both quality and defective goods. Thus, Decree of the Government of the Russian Federation of December 31, 2022 No. 2463 provides the opportunity to return the washing machine to the seller in the event of a remote sales method.

Returning a washing machine of good quality:

• Filing a complaint
• Return to the online store
• Return procedure
• Alternative return methods

Returning a washing machine of inadequate quality:

• Reasons for return
• Buyer's rights
• Procedure
• Drawing up a claim and sample
• Timeframe for consideration of a claim
• Refund deadlines

How are small household appliances classified?

Most often, sellers refer to the fact that small equipment is a technically complex product that cannot be returned at the buyer’s request. In contrast, the argument is often made that small household appliances are not included in the list of technically complex goods. Who is right?

Indeed, the Decree of the Government of the Russian Federation provides a closed list of goods classified as technically complex. And it contains only the following items: refrigerators, freezers, washing machines and dishwashers, coffee machines, electric and combination stoves, electric and combination ovens, air conditioners, electric water heaters, and televisions. It would seem that most of the small equipment is not here. Although some names can be taken from here and referred to this document if the seller refuses to satisfy demands for a refund or replacement of goods.

However, if we open the List of non-food products of good quality that are not subject to exchange, we will see that it includes “technically complex household goods with a warranty period of at least one year.”

That is, most of the items related to small household appliances can be classified as technically complex goods if they have a manufacturer’s warranty period of one year or more, they have a complex structure and (sometimes) if they can perform several functions.

What does it mean? This means that such goods cannot be returned without a valid reason. There must be a reason - a flaw that emerged after the purchase and which was not warned about in advance.

Accordingly, sellers are right when they refuse to return small household appliances for the reason that the buyer no longer liked them, or for reasons established by law - the color, size, and so on were not suitable. Does this mean that there is no way to “get rid” of a purchase if there are any problems with it? Not at all!

Procedure

A washing machine can fail for a number of reasons. This can be either defective components during assembly or a voltage drop in the network. Most often, the user encounters the following problems:

• the machine does not turn on, does not respond to pressing buttons;
• when washing and spinning, the machine knocks and makes a hum;
• after starting the program, the machine does not draw water;
• The drum door does not open after washing.

When the machine breaks down, there is no need to randomly press buttons and pull out the cord from the outlet. This will lead to nothing and may even make the situation worse. If your washing machine breaks down, find the instructions and read them carefully; perhaps the reason lies in a violation of operating conditions, for example, the drain filter is clogged. Cleaning it will solve the problem.

In such a situation, the first thing you need to do is eliminate everything that could cause the machine to malfunction:

• check that the water supply and drainage hoses are not kinked;
• Is the water supply tap open?
• Is the socket burnt out, etc.

Important! Do not disassemble the washing machine itself if it breaks down, do not try to repair it while it is under warranty. If you connect yourself, the warranty period will not be lost, unless, of course, the connection is correct and does not lead to damage.

If the machine really doesn't work, then the first thing to do is look for the warranty card. Carefully look at the date of purchase of the machine and the warranty period. And after that, feel free to contact the service center. By the way, the telephone number of the service center may be indicated in the warranty card or on the washing machine itself. If you do not have such numbers, you can contact the store, providing a receipt, sales receipt and warranty for the washing machine. You can ask the seller:

• free car repair;
• refund;
• or exchange for a similar option.

The seller can unconditionally agree, then the problem will be settled. The seller will most likely offer to carry out an examination of the washing machine in order to establish the cause of the malfunction and, depending on the result of the examination, make a further decision. Or the seller may categorically refuse to accept the goods and enter into any dialogue with you.

Important! The seller may unreasonably delay the examination; in this case, you need to contact the store with a claim, and if an adequate response is not forthcoming, then go to court.

In what cases can small household appliances be returned?

How to return a technically complex product? This can be done if a defect is discovered in the equipment that arose not through the fault of the consumer.

Within 15 days, the buyer may demand a refund for the purchase or replace the product with a similar one, but in good working order.

After 15 days, a refund can be requested in the following cases:

• A significant flaw has been discovered.
• The maximum deadlines for eliminating the deficiency have been violated.
• There are many shortcomings, they were eliminated many times, and as a result the buyer was not able to use the product for 30 days or more in total.

Returning a quality washing machine

If after purchasing the washing machine you do not like the washing machine due to some characteristics, then it is possible to return it.

Returning the washing machine within 14 days

According to current legislation, the seller is not obliged to return money for goods that do not meet any specifications. The consumer can only exchange the product for another. But, if another product also does not meet the specifications, the buyer may demand a refund. Most often, in practice, the buyer may not be satisfied with another similar product.

Return period

According to paragraph 1 of Art. 25 of the PLA, the return period for a high-quality washing machine is 14 days, not counting the day of purchase.

Refund period

According to paragraph 2 of Art. 25 of the PZPP, the deadline for returning funds paid is 3 days from the date of receipt of the request.

Who can make a claim?

According to paragraph 2 of Art. 18 of the PZPP, demands for the return of the amount paid and refusal to fulfill the purchase and sale agreement can be presented to the seller of the washing machine.

Return Policy

Return of goods of proper quality can be carried out under the following conditions:

• the product does not fit in size, shape, color, style, size or configuration;
• the product has not been used;
• all labels, seals, consumer qualities and presentation are intact;
• on the day of contact there is no similar product that would fit its characteristics.
• A similar product is not available for sale on the day of contact.

Required documents

To make a return, the following documents are required:

• passport of a citizen of the Russian Federation;
• contract of sale;
• document confirming the purchase of the washing machine (cash or sales receipt, non-cash payment receipt).

According to paragraph 5 of Art. 18 of the PZPP, the absence of a document that certifies the fact of purchase (cash, sales receipt or non-cash payment receipt) is not a basis for refusing to satisfy the request for a refund. You can refer to witness testimony. Those. The washing machine can be returned without a receipt.

Proof of return circumstances

The seller must make sure that the goods have not been used and that all labels and seals have been preserved.

Actions of the buyer if the seller agrees to return

1. Negotiate with the seller or his authorized representative.

Currently, sellers are increasingly customer-oriented in order to return money for a washing machine even without an obvious defect. Therefore, the first thing you should do when you come to the store is to contact the seller with a problem. Usually, even if the seller agrees to return the goods, a number of additional procedures are required.

1. Write an application to return the goods

It is necessary to draw up a legally correct application and terminate the contract of sale of goods.

1. Returning a quality washing machine

The buyer must return the goods of proper quality to the seller. In this case, the costs of returning the goods are borne by the buyer himself.

1. Get money

According to paragraph 2 of Art. 25 of the PLA, the period for returning money is 3 days from the date of submission of the claim.

What can the manufacturer or seller offer?

The Law “On the Protection of Consumer Rights” states that the manufacturer “is obliged to ensure that the product can be used during its service life. For this purpose, the manufacturer ensures repair and maintenance of the product, as well as production and supply to trade and repair organizations in the volume and range of spare parts necessary for repair and maintenance during the production period of the product and after its discontinuation during the service life of the product, and in the absence of such a period, within ten years from the date of transfer of the goods to the consumer.”

Therefore, if difficulties arise with the use of the product due to manufacturing defects or other shortcomings, the buyer may demand a refund or replacement of the product. You can also claim reimbursement for repair costs if you did it yourself.

The warranty for a technically complex product can be from a year or more.

The breakdown occurred after 15 days of operation

You can return or replace a technically complex product only if the fault turns out to be serious.

The degree of malfunction is determined by an examination carried out by the seller. The machine is delivered for examination at the store’s expense.

If you are going to exchange or return the unit, do not allow technicians from third-party service centers to access it.

When submitting for examination, an act is drawn up in your presence, which indicates:

1. Model and serial number of the machine.
2. Description of appearance indicating the presence of mechanical damage.
3. The malfunction itself.

You can record the manifestation of the problem and the appearance of the product in the photo.

After the examination, the washing machine is repaired free of charge under warranty.

After two weeks from the date of purchase, they will agree to exchange your broken machine or return your money for it if:

1. the deficiency cannot be eliminated;
2. requires long and/or expensive repairs;
3. the total repair time exceeded 30 days in each warranty year, that is, the machine often breaks down;
4. Warranty repairs were not performed within 45 days from the date of application.

How does a replacement or return work?

If the buyer claims that the product has a defect, the seller can conduct a quality check (diagnosis). If a dispute arises about whether there are defects in the product or not, an independent examination is carried out, which can confirm their presence, as well as determine the reason for the defect. When an examination confirms a manufacturing defect, then you can demand a replacement of the product or a refund. In this case, the return of complex technical devices is theoretically possible without additional evidence and difficulties. If the seller still does not cooperate, you can go to court.

Return if quality is inadequate

The vast majority of sellers are not too willing to return money for a faulty product, preferring to send the consumer to a service center for repair. However, the legislation clearly defines situations in which they still have to do this:

• The defect of the device is fatal or does not allow full use of all functions provided by the manufacturer.
• The washing machine often breaks down, resulting in the consumer being unable to use it for a total of 30 or more days a year.

It should be noted that the refund must be made no later than within ten days, taking into account the difference in price at the time it was made. Moreover, if the machine was purchased on credit, the store is obliged to reimburse not only the part already paid, but also all interest and commissions charged to the consumer upon purchase.

What to do if a replacement or refund is refused?

In this case, you need to write a claim to the seller’s administration. Make a claim in two copies, one of them will remain with you, it must be dated and signed. On average, you should receive a response within 10 days.

If your complaint is ignored or you are not satisfied with the answer, you have the right to contact Rospotrebnadzor. In parallel with this, or if you are not satisfied with the response of a government agency, you can go to court.

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The machine broke down less than 14 days after purchase

If you identify any non-compliance with quality requirements in the unit, you can contact the store with one of the requirements:

1. accept the goods back and return the money paid (completion period – up to 10 days);
2. exchange the washing machine for a working one (this will be done within 7-30 days);
3. eliminate the malfunction under warranty or reimburse repair costs (maximum 45 days);
4. reduce the cost in proportion to the defect.

Information

The seller cannot insist on any option; in this case, the choice is up to the buyer. The detected defect can be anything, even not very serious.

Procedure

You need to contact the store where the item was purchased.

1. If the seller does not respond to your verbal request, then write a complaint (example below). Within 10 days from the date of filing a claim, the seller must respond and answer you about the conditions for returning this product.
2. No response to the complaint from the seller? Doesn’t answer calls, doesn’t conduct any negotiations directly during the meeting? Refuses to return money or replace equipment? This is actually a refusal by the seller to return the goods voluntarily.

The seller (including the manufacturer, importer) must accept goods with defects, but these persons have the right to organize a quality check.

On a note!

A person has the right to directly participate in quality control.

If the above persons have disagreements regarding quality, the seller must organize an examination.

Attention!

The examination of items mentioned above is carried out at the expense of the seller (manufacturer, importer). If you disagree with the conclusions of such an examination, each person has the right to challenge its results in court. In the absence of fault of the seller (manufacturer, importer), the consumer reimburses him for all expenses incurred by him.

Sample claim

If the seller (after sending him an official complaint) refuses to return your money, then you can (at your choice) contact:

• To the Society for the Protection of Consumer Rights;
• To Rospotrebnadzor;
• To the judiciary.

Attention!

During the claims process, it is important to comply with formalities. Thus, the claim must be made in writing, and you must also have evidence of the transfer of this claim to the seller, in particular, postal receipts (if the claim was sent by Russian mail), a receipt mark on the claim itself (if the claim was sent on purpose). Moreover, if a claim is submitted to the store via email, the court may not take such a claim into account. To correctly file a claim, we recommend that you contact specialists.

Often, after receiving a claim, sellers intend to resolve the problem peacefully, without taking the matter to court.

Buyer proof

Evidence of the purchase of products can be considered a contract that confirms the fact of purchase and sale, as well as a receipt (both cash and sales) and any other document confirming the fact of purchase of the goods.

Attention!

The loss of the above documents is not a reason to refuse a return or replace it with low-quality products. In this case, witness testimony can be considered evidence, and if the item was paid for using a bank card, then the consumer has the right to provide a bank statement of the account.

Direct contact to management or the claims department in the store

Filing a complaint The most effective measure is to file a complaint with the Rospotrebnadzor department. The complaint can be made in free form, it requires a description of the current situation. In addition, it indicates the actions of the management and sellers regarding your complaint. On average, the proceedings take about a month, but often the answer arrives much earlier than this.

In order to return the washing machine to the store, you need to follow the following procedure: