← All materials
Analytics Contract law November 8, 2018 3 min read

Low-quality goods: what should every consumer know about?

Author
Your Lawyer

There are often cases when poor-quality goods are received. And it is not always possible to return it. Especially when the defects were not discovered immediately. The nuances that every consumer should know about are below.

Poor quality product. How to return?

First of all, you should not delay! Next, the consumer's actions when they are presented with a poor-quality product or an entire batch.

Poor quality product. Defects noticed immediately

A situation when the delivered goods were immediately found to have defects. Here it is worth telling the courier about your refusal to accept the goods. At the same time, focus on the defects. Ask to see the manager. The main thing is not to put your signature on any document. After all, this will certify your consent.

Such actions take place when the goods are paid in full or upon delivery. If this applies to the latter, then refuse to give money until the defects are eliminated. You should not lose heart in the event of payment of the full price. After all, the situation can be corrected.

Poor quality product. Defects noticed later

Whether you didn't notice the shortcomings right away or you simply didn't know where to look, the situation can be resolved.

To do this, you should contact the manager. Explain the situation to him and point out the shortcomings. Say that if the product is not replaced or the money is not returned, there will be a complaint. That is, you will contact the society that deals with the protection of consumer rights.

If the situation is not resolved immediately, you should try the following.

1. Write a written claim in the name of the entrepreneur (it is indicated on the receipt for the goods). Attach a copy of the purchase receipt, as well as copies of all documents for the goods that are available. Then print it out (there should be 2 copies) and submit it to the store where you purchased the goods, under the signature and seal of the authorized person.

The store employee who accepted the claim is obliged to put his signature and seal on the copy. At the same time, indicate his full name, position and date of acceptance. For his part, the consumer must indicate his phone number.

If they refuse to accept the claim or do not mark it

In addition, there is no time to come to the store. In this case, you can send the claim by registered letter to the legal address of the entrepreneur. Such information is in the register, which is open to public access. In addition, it will not hurt to send it to the address of the store where the purchase was made. Thus, you will have a postal receipt for sending the claim. This is direct evidence of the consumer's actions.

2. Write a written claim to the consumer protection service. The claim should include the corresponding receipt, all documents of the purchased goods, a copy of the claim to the entrepreneur, etc. The claim should also be handed over to an authorized person under signature and seal. Or send it by registered mail, indicating your phone number for contact.

There is another option - going to court. Sometimes you can't do without it.

So, every consumer should know:

  • in the absence of complaints, there is also the right to return the goods within 14 days. However, in the same form as when purchased. This is stated in Article 9 of the Law of Ukraine "On the protection of consumer rightsin";
  • The statute of limitations for disputes regarding defects in purchased goods is one year. This is Article 258 of the Civil Code of Ukraine;
  • in the case of a poor-quality product, the consumer has the right to a refund and termination of such a contract, replacement of the product. This is stated in Article 8 of the Law of Ukraine "On Protection of Consumer Rights";
  • if there is a requirement to return funds, this must be done within a 7-day period and in full;
  • when to replace the purchased product - immediately or within 14 days. If the product is currently unavailable - within 2 months from the moment of submitting the request.

 

If you need legal assistance, you can get information about consulting on the Legal Analysis page.