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Warranty period for toys. Terms of warranty service for customers - shoptoys online store

Munasipova Nina Viktorovna(10/05/2014 at 22:36:20)

Hello.

A children's toy does not belong to technically complex goods, so you can return it within the entire warranty period established for this product, in accordance with Article 18 of the Federal Law "On Protection of Consumer Rights". (You can find out the warranty period for such a toy in the store, if similar boats are still on sale, there can be no 14-day warranty). The absence of a check and packaging cannot serve as a reason for refusal or return of the money paid for it.

Send a written claim to the store indicating your requirements (exchange for a similar product of good quality or return the money). Your copy should be marked with acceptance, if they refuse to accept, send a claim by registered mail with notification of delivery. Also indicate that if your requirements are not met within 10 days, you will file a lawsuit with the court, and in addition you will ask, and the organization will pay a fine in the amount of 50% of the amount satisfied by the court (Article 13, clause 6).

The seller has the right to send the goods for examination to determine the culprit and the cause of the breakdown. You can be present during this examination or conduct your own independent expertise in any service center. If, according to the results of the examination, it is established that the buyer is the culprit of the breakdown, you will have to reimburse the seller for the costs incurred by him.

Federal Law "On Protection of Consumer Rights" dated February 7, 1992 No. 2300-1 (as amended on May 5, 2014)

Hello. In your situation, everything is simple. Regulated by consumer protection law.
1. File a claim with the seller.
2.If he refuses, file a lawsuit in court. is not subject to stamp duty.
3. Yes, technically complex goods, serviceable, it is impossible to return.
4.NO, the product is defective.
You should press on the discovery of hidden flaws in the product, namely

Which is a significant disadvantage.
5.

According to the Law "On the Protection of Consumer Rights", it is impossible to return a child's toy of good quality to the store. However, if, when buying a children's product, defective elements were revealed, then the store can demand an exchange. How to do it right? Read the article.

Law on Consumer Protection

According to the Law, the consumer has the following rights:

The buyer has the right to return the item of proper quality that he did not like to the store within the first fourteen days (the countdown starts from the next day after the purchase was made), if it did not suit him in shape, dimensions, style, color, size or configuration;
The buyer has a right if she has defective items, i.e. the thing turned out to be of inadequate quality;
The item can be returned or exchanged if it has a warranty period;

In addition, the buyer has the right to write a claim or file a written complaint against the seller who refuses to fulfill one of the three rights of the buyer listed above.

Can I return a good quality children's toy?

The following toys of good quality cannot be returned to the store:

Stuffed Toys;
Inflatable rubber children's toys;

So, for example, if the purchased teddy bear has no obvious defects (torn parts, holes, worn parts, etc.), then the consumer does not have the right to ask the seller to exchange or return the toy, because the child simply did not like it.

However, a good quality toy can be returned to the store under the following circumstances:

If no more than two weeks have passed since the purchase;
If the toy has retained its presentation;

Those. the toy is returned to the store in the same condition as when it was purchased: in the same packaging, with the same labels, tags, etc.

If the buyer has a check or receipt that can confirm the fact of the purchase.

Warning

According to the Consumer Rights Protection Law, the seller does not have the right to refuse to return the goods to the buyer who does not provide a sales receipt. An analogue of a check can be any other document confirming the fact of a purchase or the testimony of a person who can act as a witness to the purchase.

What toys can be returned?

If the purchased toy does not fall into any of the categories described in the previous section and it was found to be defective during unpacking, then in the store you can demand:

Replace the purchased children's product with an analogue, but of good quality;
Reduce the cost of the purchased toy, taking into account the detected defect;

Thus, it is possible to achieve at least a partial refund of the cost of a defective product, which is especially important if an expensive toy was purchased.

Eliminate the marriage at the expense of the store itself (submit for examination, and then for repair);
Provide the amount necessary to eliminate the identified deficiencies;
Refund the full cost of the defective toy in exchange for its return;

Thus, toys that are of inadequate quality are subject to return and exchange.

Return procedure

Return and exchange of a toy of good quality is possible under the following conditions:

It is necessary to make sure that the toy has no traces of use, in other words, it has completely retained its marketable appearance;
Find a sales receipt or receipt issued by the seller at the time of purchase. If there is no check, then you can invite a person who witnessed the purchase of a children's toy to the store;

Even if there is no witness to the purchase, the store can be required to check the cash register, which stores information about all purchases made.

Come to the store and present the toy and all documents, indicating the reason for the return;

Ideally, if a customer wants to come into the store and exchange or return a toy, then this should be done at the same seller who originally sold the product.

The seller must ask to fill out an appropriate application, which will indicate the reason for the return of the toy of proper or inadequate quality;

The application can be drawn up according to the model provided by the store staff or in any form. As a rule, you will need to indicate passport data in the application, so you need to take your passport with you.

After that, the buyer (depending on the purpose of the return) will be refunded / provided with a high-quality analogue / the toy will be sent for examination;

Timing

If a toy of good quality is subject to a return or exchange, then the money must be returned immediately, or immediately exchanged for a similar product (at a cost) that suits the buyer;
If a defective toy is subject to return or exchange, then the money will be returned back only after an examination;

If the goods were purchased by bank transfer, then it will be possible to return the amount of money when returning the toy only to a bank card.

If the seller refuses to return

In this case, you can:

Contact the consumer protection service;
Conduct an examination on your own, and then contact the store again;
Seek professional legal advice;
File a claim;

Sample Documents

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01.04.2015

When buying children's toys, a situation very often arises that the child does not like the new acquisition, or two identical toys were bought and donated for the holiday and the second one is simply not needed. Or, due to other reasons, it becomes necessary to return the toy to the seller. At the same time, not all stores agree to accept the goods back or exchange the toy for another with an additional payment or a partial refund.

Accordingly, the buyer has a lot of questions: Are children's toys subject to return? Is it possible to challenge a person who refuses to accept the goods? How to make a return, and what documents are needed for this?

Moreover, these questions turn out to be relevant when an expensive toy is purchased, for example, a car or a radio-controlled helicopter, a children's motorcycle, a talking doll, etc. After all, now children's toys sometimes turn out to be quite an expensive pleasure. We will try to answer all of the above questions in our article, having examined in more detail the procedure for returning children's toys.

Under what circumstances can a toy be returned to the store?

First of all, you can claim if you were sold a defective children's toy. Wherein The buyer, at his discretion, may take the following actions:

demand to replace the toy with a new, high-quality one;
demand from the seller a reduction in value commensurate with the defect and a partial refund;
demand immediate elimination of existing shortcomings;
demand reimbursement for the repair or replacement of low-quality spare parts;
completely refuse the purchase and demand a refund of the entire amount paid for the purchase.

Among other things, you can return the toy to the store, and even if it is of absolutely high quality, with compliance with the following prerequisites:

no more than 14 days have passed since the purchase;
there is a document confirming that you really bought this product (cash or sales receipt);
the toy was not in use, the integrity and tightness of the packaging was preserved.

Which toys cannot be returned?

As for children's toys, The list of goods that are not subject to exchange and return includes only two items, namely:

Stuffed Toys;
inflatable rubber children's toys.

And then, if they are in perfect order and simply did not need or the child did not like, then they cannot be returned. If such toys are faulty, turned out to be or have some defects, then you can safely demand their exchange or a full refund.

What should you pay attention to when buying children's toys?

In order to avoid buying, when buying children's toys, you must definitely pay attention to the presence of the necessary information about the toy on the packaging or in another document. In accordance with the requirements of the law "On", such information must necessarily include:

Name;
country of origin;
the address of the manufacturer or importer, as well as their contact details;
quality trademark;
marking;
age for which this toy is intended;
the material from which it is made;
information about caring for it (can it be washed, at what temperature, etc.);
safety measures during operation;
if necessary, assembly instructions;
date of manufacture;
expiration date;
the necessary conditions storage.

In addition, when buying from a seller, you can require a quality certificate, if it is missing or incorrectly designed, you can return the toy to the store, referring to the doubts that have arisen. Also, what you should pay attention to is that the seller has a demonstration sample of a particular toy. After trying and examining the goods, you can demand for yourself a new, fully packaged copy.

Documenting the return of toys

It should be remembered that you can return the toy to the store only if certain formalities are met. In order to issue a return without hindrance, a cash receipt confirming the purchase must be available.

If you applied for a refund on the same day that the purchase was made, then you can issue a refund through the same cash desk where the payment was made. To do this, you will be asked to write a statement addressed to the store administration indicating the reasons for the return, which is written in any form.

If you apply for a return the next day or later, then the return is made from the general (main) cash desk of the store, and in order to receive money, you will need an identity document, preferably a passport.

If the purchase was paid for with a plastic bank card, then the only difference in this case will be that the return is made not in cash, but by non-cash payment back to the buyer's card. At the same time, by contacting the store on the day of purchase, you can simply cancel the operation on the terminal through which the purchase was made. If you want to return the goods on the market, then prepare a sales receipt, which the seller is obliged to issue if his activities do not provide for the use of a cash register.

If the payment document was lost, then the toy itself, its packaging, as well as the cash tape, on which all information about cash transactions is duplicated and which must be stored in the store, can be proof of purchase.

If you are unable to return the goods yourself, then you can write a letter to the consumer protection society, demand an action, or use the services of a lawyer. Of course, if the toy was not too expensive, then it would not be cost-effective. But if you have purchased an expensive model, then the services of a competent specialist will come in handy.

Competent lawyers will help you at all stages of processing a return, from a free consultation to legal support at the stage of processing letters and complaints, and, if necessary, when applying to the judicial authorities. At the same time, in the event of your victory in court, all legal costs, incl. and fees paid, will be claimed from the defendant.

If in 2019 you wondered whether it is possible to return the toy back to the seller after purchase (to the store or to an individual) and get money - read the article and find out in which cases it is possible to return the toy and how to do it.

Important!

Please pay attention to the following:

this article discusses the possibility of returning only a new product (toy) that was purchased in an offline store (from an official representative, in a commercial organization or from an individual entrepreneur), if the product was purchased in an online store, then read;
a toy of inadequate quality (with marriage), if the breakdown was not your fault, you can almost always return it within 10 years from the date of purchase;
if the toy is a large-sized product, there are features when it is returned, which can be found at;
if the product is an electronic children's toy and at the same time it is of high quality, then it cannot be returned.

So, you have purchased, but now you want to return the toy and it became necessary to return it. Now you need to decide on the following.

The toy you bought was of poor quality for a variety of reasons, for example:

factory marriage of a toy (breakage as a result of a factory marriage, poorly working goods);
coating marriage - the paint burst or cracked, there was a scratch;
individual parts and elements are faulty;
defects of a different nature that do not allow the use of the goods to the extent necessary, etc.

The purchased toy is in good condition, but you did not like it for any characteristics, For example:

did not like the color of the toy, its shape or dimensions;
not satisfied with its design or design individual elements;
its size, color or equipment did not fit, etc.

The following circumstances are of fundamental importance when returning a toy:

Is there a warranty on the toy?
if the warranty period is set, whether it has ended;
whether the service life is set on the toy;
If a lifetime is set, whether it has expired.

Returning a defective toy within the warranty period

Important!

The type of defect and its significance in this case does not matter - you have the right to return the toy with any defects that have arisen through no fault of yours, if the warranty period has not yet expired.

The term for returning the toy in this case is within the warranty period | .

Money back period

The refund period for a toy of inadequate quality, for which the warranty period has not expired - 10 days from the date of presentation of the claim | .

seller- organizations, regardless of its organizational and legal form, as well as an individual entrepreneur selling goods to consumers under a sales contract | ;
- persons authorized by the manufacturer (seller) to accept and satisfy consumer requirements for goods of inadequate quality | .

general passport ();

Important!

if a warranty period is established for the toy, the seller (authorized person) is responsible for the shortcomings of the toy, unless he proves that they have arisen:

after the transfer of the toy to the consumer;
due to violation by the consumer of the rules for the use, storage or transportation of goods, actions of third parties or force majeure.

Thus, the circumstances of the occurrence of deficiencies proves the seller (authorized person) | .

In most cases, in order to return the toy back to the seller (authorized person), only your verbal request is required. Many sellers are customer-oriented enough to check the obvious defective goods on the spot and immediately return your money.

If it doesn't, go to Step 2.

Algorithm of actions in the case when the seller (authorized person) does not agree to an indisputable refund

Step 3 | Examination of toys

If, after checking the quality of the goods, the seller (authorized person) believes that the consumer is the cause of the defects of the toy, then he (the seller) is obliged to conduct an examination of the toy. Detailed information You can find out about the examination on our website.

The term for the examination is 10 days from the date of presentation of the request.
The examination is carried out at the expense of the seller (another authorized person).
The consumer has the right to be present during the examination.

If the consumer disagrees with the conclusion of the examination, he has the right to challenge it in court.

Important!

if, as a result of the examination of the goods, it is established that its defects arose due to circumstances for which the seller (authorized person) is not responsible, the consumer is obliged to reimburse him for the costs of conducting the examination, as well as the costs of storage and transportation of the goods associated with it | .

Step 4 | Going to court

Step 6 | Receiving the money

refund period - 10 days from the date of the claim | ;
when returning the paid amount to the buyer, the seller (authorized person) is not entitled to withhold from it the amount by which the cost of the goods has decreased due to the full or partial use of the goods, the loss of their presentation or similar circumstances | ;
the buyer has the right to demand compensation for the difference between the price of the toy at the time of purchase and the price at the time of return | ;
if the toy was purchased at the expense of a consumer credit (loan), the seller is obliged to return the paid amount of money to the consumer, as well as reimburse the interest and other payments paid by the consumer under the consumer credit (loan) agreement | .

Step 7 | Return of defective toy

If you refuse to fulfill the contract for the sale of a toy, the seller (an authorized person) has the right to demand that you return the defective toy if it was not provided earlier.

The cost of returning the toy is borne by the seller (authorized person) | .

Return of a defective toy after the warranty period has expired (including when the warranty has not been established), but within 2 years from the date of purchase

You can return the toy even if the warranty period has already expired or has not been established.

If you find any deficiencies, you have the right to:

refuse to fulfill the contract of sale and demand the return of the amount paid for the toy | ;
demand compensation for the difference between the price of the toy set by the contract and the price of the relevant product at the time the claim was satisfied | ;
demand full compensation for damages caused by the sale of toys of inadequate quality | .

Important!

The type of defect and its significance in this case does not matter - you have the right to return the toy with any defects that arose before the transfer of the goods to the consumer or for reasons that arose before that moment.

The period during which you can return the goods

The term for returning the toy in this case is 2 years from the date of transfer | .

Money back period

The refund period for a toy of inadequate quality, for which the warranty period has expired (or if the warranty has not been established) - 10 days from the date of the claim | .

Who can claim

The demand to refuse to perform the contract and return the amount paid can be presented:

seller- organizations, regardless of its organizational and legal form, as well as an individual entrepreneur selling goods to consumers under a sales contract - clause 2 of Art. 18 POZPP;
authorized organization or authorized individual entrepreneur- persons authorized by the manufacturer (seller) to accept and satisfy the requirements of consumers in relation to goods of inadequate quality - p. 2 tbsp. 18 POZPP.

In addition, you can return a toy of inadequate quality and demand a refund of the amount paid from:

Documents to bring with you when making a claim

general passport ();
contract for the sale of toys (if any);
sales or cashier's check, cashless payment check, other document certifying the fact and conditions of purchase.

Important!

You can return without a receipt. The absence of a cash or sales receipt or other document certifying the fact and conditions of purchase of the toy in this case is not a reason to refuse to satisfy the request for a refund (you can return it without a receipt) | .

Who proves the circumstances of the occurrence of deficiencies

The burden of proof lies with the consumer, he himself must prove that the defects of the toy arose before it was handed over to the consumer, or for reasons that arose before that moment | and .

Algorithm of actions in the case when the seller (authorized person) agrees to an indisputable refund

Step 1 | negotiations with the seller (authorized person)

First of all, it is advisable to contact the store where you purchased the toy or any other official representative with an explanation of the reason for the marriage and an offer to return the money.

Not very often, but it happens that the seller (authorized person) in this case agrees to return the money even after a verbal request.

Step 2 | Filing a claim (application) for cancellation of the sales contract and refund of the amount paid

Step 3 | Return of defective toy

If you refuse to fulfill the contract for the sale of a toy, the seller (an authorized person) has the right to demand that you return the defective toy.

The cost of returning the toy is borne by the seller (authorized person) | .

Step 4 | Receiving money for a low-quality toy

When receiving money, the following should be considered:

refund period - 10 days from the date of the claim | ;
when returning the paid amount to the buyer, the seller (authorized person) is not entitled to withhold from it the amount by which the cost of the goods has decreased due to the full or partial use of the goods, the loss of their presentation or similar circumstances | ;
the buyer has the right to demand compensation for the difference between the price of the toy at the time of purchase and the price at the time of return | ;
if the toy was purchased at the expense of a consumer credit (loan), the seller is obliged to return the paid amount of money to the consumer, as well as reimburse the interest and other payments paid by the consumer under the consumer credit (loan) agreement | .

The algorithm of actions in the case when the store does not agree to an indisputable refund

Step 1 | Filing a claim (application) for cancellation of the sales contract and refund of the amount paid

If the seller (authorized person) does not agree to return the money, it is necessary to write and submit a claim to the seller (authorized person). The claim must be legally correct.

Step 2 | Toy Quality Check

seller (authorized person) entitled check the quality of the toy. Quality control is carried out according to the rules set out in, in which you will find more detailed information.

The deadline for the quality control is 10 days from the date of the request.
Quality control is carried out at the expense of the seller (other authorized person).
The consumer has the right to participate in the quality control of the toy.

if the seller (authorized person) does not want to carry out a quality check, go to Step 3.

Step 3 | Examination of toys

If the seller (authorized person) believes that the consumer is the cause of the toy's shortcomings, then the consumer is obliged to conduct an examination of the toy in order to establish that the toy's shortcomings arose before it was transferred to the consumer or for reasons that arose before that moment | .

Important!

If the examination establishes that the defects of the toy arose before its transfer to the consumer or for reasons that arose before that moment, the authorized person is obliged to return the money paid for the examination | .

Detailed information about the examination can be found on our website.

Step 4 | Going to court

If the seller (authorized person) did not satisfy your requirements in a pre-trial order, you must go to court. Appeal to the court requires legal qualifications, therefore, to conduct a case in court, we advise you to contact professionals.

Step 5 | Enforcement of a court decision

If the seller (authorized person) does not wish to voluntarily comply with the court decision, you have the right to:

apply to federal service bailiffs of the Russian Federation, which is entrusted with the functions of enforcement of judicial acts;
send the executive document to the bank where the seller (authorized person) has an account.

Step 6 | Return of defective toy

If you refuse to fulfill the contract for the sale of a toy, the seller (an authorized person) has the right to demand that you return the defective toy.

The cost of returning the toy is borne by the seller (authorized person) | .

Step 7 | Receiving the money

When receiving money out of court, the following should be considered:

refund period - 10 days from the date of the claim | ;
when returning the paid amount to the buyer, the seller (authorized person) is not entitled to withhold from it the amount by which the cost of the goods has decreased due to the full or partial use of the goods, the loss of their presentation or similar circumstances | ;
the buyer has the right to demand compensation for the difference between the price of the toy at the time of purchase and the price at the time of return | ;
if the toy was purchased at the expense of a consumer credit (loan), the seller is obliged to return the paid amount of money to the consumer, as well as reimburse the interest and other payments paid by the consumer under the consumer credit (loan) agreement | .

In the event of a refund of the amount paid for the toy in court:

the amount of the penalty is established in the court decision;
the term and procedure for the return is regulated by the legislation on enforcement proceedings.

Return of the toy after 2 years from the date of purchase

You can return a toy after 2 years from the date of purchase, subject to the following conditions.

The period during which you can return the goods

Deadline for returning a toy in this case | :

during the service life established on a toy;
within 10 years from the date of transfer of the goods - If the service life is not established.

Money back period

The refund period for a toy of inadequate quality after 2 years from the date of purchase - 10 days from the date of the claim | .

Who can claim

You can apply for a refund:

manufacturer- manufacturer of goods for sale to consumers | ;
authorized organization or authorized individual entrepreneur- persons authorized by the manufacturer (seller) to accept and satisfy the requirements of consumers in relation to goods of inadequate quality | ;
importer- an organization that imports goods for their subsequent sale on the territory of the Russian Federation | .

Documents to bring with you when making a claim

general passport ();
contract for the sale of toys (if any);
sales or cashier's check, cashless payment check, other document certifying the fact and conditions of purchase.

Important!

Who proves the circumstances of the occurrence of deficiencies

The burden of proof lies with the consumer, he himself must prove that the defects of the toy arose before it was handed over to the consumer, or for reasons that arose before that moment | .

Algorithm of actions in the case when the authorized person agrees to the Refund

Step 1 | Negotiations with an authorized person

First of all, it is advisable to contact an authorized person with an explanation of the reason for the marriage and a proposal to repair the goods.

Not very often, but it happens that the authorized person agrees to return the money even after the repair request.

Step 2 | Filing a claim (statement) to an authorized person for the free elimination of toy defects

After the occurrence of the circumstances specified in Step 2, it is necessary to write and submit to the seller (authorized person) a claim for the return of the amount paid. The claim must be legally correct.

Step 4 | Return of defective toy

If you claim a refund of the amount paid, you must return the toy.

Step 5 | Receiving money for a low-quality toy

When receiving money, the following should be considered:

refund period - 10 days from the date of the claim | ;
when returning the paid amount to the buyer, the seller (authorized person) is not entitled to withhold from it the amount by which the cost of the goods has decreased due to the full or partial use of the goods, the loss of their presentation or similar circumstances | ;
the buyer has the right to demand compensation for the difference between the price of the toy at the time of purchase and the price at the time of return | ;
if the toy was purchased at the expense of a consumer credit (loan), the seller is obliged to return the paid amount of money to the consumer, as well as reimburse the interest and other payments paid by the consumer under the consumer credit (loan) agreement | .

Algorithm of actions in the case when the authorized person does not agree to the Refund

Step 1 | Filing a claim (statement) to an authorized person for the free elimination of toy defects

Step 2 | Examination of toys

If the authorized person considers that the consumer is the cause of the defects of the toy, then the consumer is obliged to conduct an examination of the toy in order to establish that the defects of the toy arose before its transfer to the consumer or for reasons that arose before that moment.

Step 3 | Handling a claim (application) for the return of the amount paid

Step 4 | Going to court