Sample form of a claim for the supply of low-quality goods (products). How to write a letter of complaint Sample complaint for poor-quality dye

The law initially stands on the side of neither the buyer nor the seller, but provides both parties with the opportunity to protect their rights and interests in the manner prescribed by regulations. For the buyer, this opportunity is legally enshrined:

  • Article 18 of the Law “On the Protection of Consumer Rights” gives the right to demand an exchange, warranty repair, full return of the purchased item back with reimbursement of the money paid for it, compensation for damage caused;
  • Article 309 of the Civil Code of the Russian Federation, which states that the seller has no right to refuse his obligations and must obey the requirements of the law.

Even if there is no receipt issued by the store, this is not a reason to refuse a refund. But instead of a receipt, the buyer must have another document that confirms the fact and price of the purchase, for example, a warranty card.

In any case, you must contact the seller in writing and in the prescribed manner. A sample of claims for low-quality goods and the main features of their filing are further in the article.

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Which product is considered low quality?

Reasons for expressing dissatisfaction with the purchased item:

A product of inadequate quality can be returned to the store by submitting a claim (sample later in the article) within the first 14 days after purchase, within the warranty period, or within two years if the seller has not issued a warranty for the item for which it is provided.

Using any sample claim, you must be prepared for the fact that the seller has the right to send the item for examination to check the quality of the product and identify the cause of the defects if it is not visible during visual inspection.

How to file a complaint with the seller

If you correctly file a claim for a defective product you have, in most cases this will allow you to resolve the situation without such measures as going to court with a claim against the seller. Using the sample selected in the article, you can independently fill out a claim statement in the proper order, but it is important to take into account the key requirements for this document:

  • The application is written on a blank white sheet of A4 format;
  • It is acceptable to write by hand or submit the application in printed form;
  • In the header they write the full details of the seller, as well as information about the applicant;
  • The title of the document is accompanied by a brief content of the appeal, according to the standard form “Claim for defective goods”, a sample of which is in the article below;
  • The text of the document must be formatted like a standard business letter - describe the situation in chronological order, without ambiguity, threats, insults, profanity and incomprehensible abbreviations;
  • All the facts that you provide, as well as the requirements, must be confirmed by the relevant legislative acts and documents that you prepare before writing a claim for a defective product using a sample;
  • The list of attached papers, date and signature at the end of the document are required.

The text of the claim should describe exactly what deficiencies were identified, when and under what circumstances. If you are not sure how to correctly compose a letter of claim, even looking at the sample, it is better to immediately consult with a specialized lawyer. You can also first check the low-quality product at the service center, attaching to the application the received certificate with the inspection results.

The application is drawn up in two copies - you give one to the store administration (seller), and keep the second one, asking the store to put a mark on it that the complaint has been accepted. This second copy will be useful to you if the dispute has to be resolved in court.

What other documents should I attach?

Before making a claim for a defective product using one of the samples given in the article, you must prepare documents that will be attached to this application.

Attached documents

Confirmation of purchase and payment for goods The main document is a cash receipt or sales receipt.

If it is missing, you can instead attach a warranty card issued in the store, an invoice, a receipt for the receipt order, an issued registration certificate, an instruction manual with store marks or another document that contains a note about where, when and for what price you made the purchase. purchase.

Any of the above documents must be signed by the seller and contain the name of the legal entity.

If you do not have documents or they are not properly prepared, it is possible to attract witnesses who can confirm the fact of purchase, or even video recording.

In addition, your words can be confirmed by the packaging of the product or any container in which it was given to you, if it has a mark of purchase or the seller’s logo.

Warranty card Required if you file a claim after the expiration of a two-week period from the date of purchase, but during the warranty period.
Copy of identity document It is often required by the seller, but such a requirement is not approved by law, so you do not have the right to refuse to accept your application if you have not provided, for example, a copy of your passport.
Inspection report from the service center, receipts for payment for its services Not necessarily, but if you have submitted the item for repair, especially more than once, you should attach all the papers that confirm this fact and your expenses.

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How to submit a claim and how long to wait for a response

A complaint to the seller of a defective product, written according to the sample below, can be submitted in person by going to the same store where the purchase was made. This must be a store at the same address where the goods were purchased, even if we are talking about a retail chain and there are several similar stores in the city. The letter of claim is delivered personally to an authorized person, who can be a store administrator or a lawyer for a legal entity (owner). You are unlikely to personally submit the document to your manager; by law, he is not required to receive complaints; for this purpose, there are authorized employees on staff.

When filing a complaint in person, make sure that your second copy is marked with a mark indicating that the application has been accepted. There must be a signature of the employee who accepted the application, his full last name, first name, patronymic and position, date of acceptance, as well as the store seal.

It is allowed to send a claim letter by Russian Post or courier service under the signature of the recipient. In any case, you must have documentary evidence in your hands that the claim was sent, what it was about, and what was included with it.

The deadline for responding to a letter of claim depends on the requirements stated:

  • Exchange for a similar purchase – 7 days;
  • Exchange for a working analogue of the model, if it is not in stock and you need to wait for delivery from another city - 20 days;
  • Receiving money back – 10 days;
  • Repair is free - no more than 45 days.

If the document is not accepted

In practice, there are cases when the claim is written according to the sample correctly, all the necessary documents have been prepared, the deadlines for filing have been met, but the seller refuses to accept the application for a low-quality product. Moreover, since 2017, you cannot file a complaint with higher authorities if you have not previously contacted the seller, of which you must have documentary evidence.

The best way out of this situation is to send a claim letter by registered mail, with a list of all attachments and a return notification of receipt. Having in hand a copy of the claim, a return notice, and a shipping receipt, you can later go to court.

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If the consumer is not satisfied with the result

In the event that a claim submitted and accepted by the seller regarding the quality of the goods purchased from him was not fully satisfied or not satisfied at all, using the same sample, you can file a complaint with:

Samples of claims for defective goods

An example of a claim for a purchased low-quality product in a standard situation:

To the director (name of store, legal entity)

(full location address)

From (your last name, first name, patronymic) ,

Residing at:

______________________________

Tel. Contact: __________________

Claim for return of defective goods

“___”_______20___ I purchased a smartphone in your store (model, serial number) price ___________ (and amount in words) rubles, as evidenced by the attached cash receipt. This product has a warranty period of 1 year.

I did not violate the operating rules specified in the user manual, but, after ____ days (months) After purchasing the smartphone, a significant defect was discovered, namely _____________________________________________. I contacted the service center for repairs, but after __________ the defect reappeared.

In accordance with the above, and also referring to Article 18 of the PZPP, I ask you to terminate the sales contract and return to me the amount I paid for the goods in full.

I am enclosing the complaint:

1 Copy of the cash receipt.

2 Copy of the warranty card.

3 Service center report on repairs.

"___"_______20___ (signature of the applicant)

For other situations, with more pronounced individual nuances, you can use the following sample claim statements:

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Proper quality of goods is one of the most key requirements when concluding a retail trade agreement. In practice, a defect may occur due to the fault of the manufacturer or the sales representative selling the product. It is often not so easy to determine who exactly is to blame in a particular situation, since the seller and the manufacturer do not always communicate directly.

According to the LPP (clause 1, article 18 – as amended on February 7, 1992), the consumer may refuse the sales contract and demand a refund of the amount spent on the defective product. In this case, the consumer does not have to prove who exactly is responsible for the quality of the product. He can state his requirements (in accordance with paragraph 1, Article 503 of the Civil Code of Russia) in a claim, which, in turn, he can address to both the seller and the manufacturer.

According to current legislation, the list of possible demands that a consumer can present to the seller is much larger than the requirements presented to the manufacturer (according to paragraph 3 of Article 18).

As a rule, the consumer has the right to address a claim to the manufacturer, regardless of whether the seller and the manufacturer of the product maintain contact with each other. It is quite possible that the manufacturer has authorized the sales representative to sell the product, or it may be that there is no agreement between these two parties (for more details, see paragraph 2, section 8 of the clarification “On some issues related to the use of PPP”, approved by the order of the State Commission of Russia dated 05/20/1998).However, this fact plays a big role in the distribution of financial responsibility for defective goods.

If you file a claim, the addressee of which is the manufacturer of the product, do not forget to indicate the following information:

  • The full name of the company, or the initials and position of the head of the organization to whose name you are addressing the document;
  • Contact and personal information of the applicant;
  • The name of the form is “Claim”;
  • In the main part, describe the essence of the problem. Next, indicate the facts and circumstances of the case, referring to the laws of the Russian Federation;
  • Describe your requirements. Do not forget to notify the addressee that if these requirements are not met, you intend to prove your case in court. Among other things, indicate that you intend to seek moral compensation and penalties;
  • Please include the date of compilation and your personal signature.

Be sure to make a list of supporting documentation at the end of the document:

  • A copy of the sales receipt;
  • A copy of the warranty card;
  • A copy of the document from the warranty repair service (if available).

So, the requirements that you can present to the manufacturer of a low-quality product may be as follows:

  • Eliminate defects free of charge or reimburse the costs of self-repair of the product;
  • Replace a low-quality product with an analogue of another brand;
  • Return the product demanding the amount of money spent on it.

When can you write a statement to the manufacturer about low-quality products?

A product from any category, be it equipment or food products, has a certain warranty period. In particular, expiration dates are indicated on food products. In the event that the storage conditions indicated on the packaging were met, but the product deteriorated before the expiration date, you can, without any doubt, demand that the money spent be returned to the manufacturer.

As a rule, manufacturers producing technical equipment provide a long warranty period. This means that on specified dates the manufacturer promises that the equipment will not fail, its components will not break, and warranty repairs in this case imply free replacement of broken parts.

If conflicts arise with the manufacturer of the product regarding the use of the product, you will need to prove that you used the product in accordance with the documentation accompanying it.

In practice, the length of the warranty period can vary greatly. Sometimes different manufacturers provide different warranty periods for the same product item. When purchasing a product, carefully check the availability of the warranty card, as if it is missing or filled out incorrectly, you may be denied repairs. According to the law, a warranty card from the manufacturer must be issued even if the sales representative gives his own warranty on the product.

What to do if the manufacturer does not respond to the complaint?

In the event that the addressee of the claim refused to satisfy your demands within the time limits established by law, and also did not make attempts to contact you, you have every right to file a claim in court.

Since this case is directly related to the protection of consumer rights, the applicant can go to court at his place of residence or at the address of the manufacturer. In this situation, the state duty is not paid.

Do not forget to describe in your application all the details regarding the purchase of the product: under what circumstances the product was purchased, how exactly this or that defect was identified.

Don't forget to include your communication history with the manufacturer. Remember that due to the expiration of the deadline for satisfying the claim, you have the right to recover not only damages, but also a penalty in the amount of 1 percent for each day of delay.

If the court decision was announced, but the sales representative did not take any action, request a writ of execution from the court, and then submit the document to the bailiff service for further proceedings.

If you were sold a damaged product or it has any defect, by law you have the right to demand a replacement for similar products or a refund. However, most often the manufacturer is in no hurry to meet halfway and recognize the buyer’s requirements as legitimate.

In this case, you will have to translate communication into written form, and one of the first documents will be. This is a document containing a complaint, which the seller undertakes to accept and respond to; depending on the response received, further actions can be taken.

It's a shame to waste your money on a low-quality product.

It is not difficult to find a sample claim, but it is important that this document is drawn up correctly. There are many nuances and subtleties, knowledge of which helps trade organizations avoid liability for expired or low-quality goods, and the issue has to be resolved through the courts.

However, first you should try to negotiate directly with the store, and for this you need to submit a well-drafted written request. The claim can be written by hand on a regular A4 sheet, or it can be printed using a computer and printer. In all cases, it becomes a legally significant document and must meet certain requirements. It includes the following information:

  • At the top of the sheet on the right is the name of the store, the surname and initials of the director, and the address of the store. You also need to write who the claim is from: usually the buyer’s full name and address are written.
  • The title of the document is a demand (claim) for the return of the cost of products and for termination of the contract.
  • The first part of the text is a detailed statement of facts: you need to indicate when and where the product was purchased.
  • The document must be accompanied by a sales (or cash register) receipt and a warranty card (if one was issued for the product). Without a receipt, it is difficult to prove that the product was actually purchased in this store on the specified day, so it must be kept for as long as possible.
  • It is necessary to indicate in detail the characteristics of the product: type, color, size, brand, number, etc., depending on the specific case.
  • The next part is motivational. Describe in detail all the identified deficiencies that served as the reason for your application. If, for example, we are talking about household appliances, you need to write about all the faults and low-quality parts identified by the service technician.
  • The operational part is the requirement to exchange the product for an analogue or return the money. If we are talking about a large item, then the delivery method must be specified in the claim. The new product must be delivered at the seller’s expense, or the store must compensate the buyer for transportation costs.

The claim must be written in two copies: the first is given to the seller, the second must remain in the buyer’s hands, and it must bear the store’s receipt mark. If the issue cannot be resolved amicably, the document will need to be attached to the claim, which is sent to the court along with the store’s response.

Important rules when writing a complaint

Poor quality goods can be returned!

The law, as a rule, is on the buyer’s side and when drawing up, several provisions can be mentioned:

  • Art. 18 of the law confirms the buyer’s right to receive money back if defects are discovered. It also states that the buyer has the right to demand compensation for all costs incurred when using a low-quality product.
  • In Art. 309 of the Civil Code of the Russian Federation states that the seller cannot refuse his obligations and is obliged to fulfill all the requirements of the law.
  • Provision of Art. 18 of the Law on Consumer Rights is duplicated in Art. 50. Civil Code of the Russian Federation - it can also be indicated when arguing that you are right.

There is one more important condition: in paragraph 5 of Art. 18 of the law states that the consumer can seek a refund for a low-quality product or exchange it for an analogue even in the absence of a receipt.

In many cases, the seller refuses obligations precisely for this reason, so the claim must immediately make a note about the absence of a receipt with reference to the law. If your claims are denied, the case will be decided by the court, in which case the seller will also have to compensate for legal costs.

In this case, the buyer will be helped by an independent one, and it is possible to demand that it be carried out at the expense of the seller, or that costs be collected from him. Documents from the service department you contacted to repair the product will also be evidence in your favor. All documentation must be retained until the case is finally resolved.

Sample claim for damaged goods

Sample claim for defective goods: sample

Let's consider an example of contacting a store with a complaint about the purchase of low-quality household appliances:

To the director of the Asta store
Puzikova P. V.
address: Ekaterinbug, Zelenaya street 12.
from Petrov I.D., address:
Ekaterinburg, Partizanskaya street, 20.

Requirement (claim)
about returning goods of inadequate quality

On August 25, 2015, I, Ivan Dmitrievich Petrov, bought an Indesit IWUB 4085 washing machine at the Asta store for 14,000 rubles, in addition, I paid delivery in the amount of 500 rubles.
The warranty period assigned by the Indesit manufacturer is three years; this information is contained in the warranty card received upon purchase. This deadline expires on August 25, 2018.
On September 12, 2015, the washing machine broke down.

According to the warranty card, the pump was repaired at an authorized center and new components were installed. However, after 2 weeks, on September 25, 2015, the equipment stopped working again. I contacted the service center again, where the technician confirmed that the pump had failed again. Since the required parts were not in stock, the pump was not replaced. Using the washing machine from September 25, 2015 and to this day it is impossible.

So, a significant flaw was identified in the washing machine, which appeared more than once, in addition, it appeared even after the initial elimination.
According to paragraph 1. Art. 18 of the Law of the Russian Federation “On the Protection of Consumer Rights”, the buyer, if defects are identified in the product that were not specified by the seller at the conclusion of the transaction, has the right to refuse to fulfill the purchase and sale agreement and demand the return of the money paid for the product.

In this case, the consumer may demand compensation for losses caused by the use of goods of inadequate quality. Based on all of the above:

  • Refund to me the amount paid for the washing machine in the amount of 14,000 rubles. and 500 rub. for delivery, that is, in the end, only 14,500 rubles.
  • If the seller refuses to fulfill these requirements, I will have to file a claim for damages in court.
  • Please inform me in writing about your decision.

Applications:

  1. Warranty card for washing machine (copy)
  2. Sales receipt (copy)
  3. Cash receipt (copy)
  4. Delivery payment receipt (copy)
  5. Document on the repair (copy)

As a rule, if the buyer competently files a complaint and understands the law, the seller tries not to bring the matter to court. The requirements will be met, and you will either receive your money back, or the store will pay for the repair of the product, or you will be provided with similar products. If it comes to this, you will need to provide as much evidence as possible that you are right.

A thematic video consultation will teach you how to make a claim correctly:

When we pay money for services, we want to get a satisfactory result. But even when choosing from many organizations, you can always encounter low quality service. In this case, a well-drafted claim for poor quality services will help you get back the money spent.

Any controversial issues and requirements must be documented. If the service provider has violated the terms of the contract and refuses to compensate for losses, then pre-trial proceedings based on the claim will be required. This document will become the basis for protective actions in future possible court hearings.

The following reasons may serve as the basis for a dispute:

  • The service was performed poorly;
  • The service was not performed or was provided late.

Note! The service is always not free of charge, i.e. if they helped you do something for free (for example, they stuck a film on your smartphone), then if this action was performed poorly, you cannot make a claim, because the money was not paid, which means there was no service as such.

Very often, the contractor’s representative, after the work has been completed or even during it, asks to sign documents confirming the appropriate level of service and timely deadlines, which confuses. The main thing here is not to get lost and politely refuse in order to extend the order acceptance period and demand the appropriate level of service. If you sign, it will be difficult to prove any violations even in court.

It is important to understand that it is more difficult to prove poor quality of a service than a defect or defect in a product, because it does not have material evaluation parameters. Therefore, you need to prove your case correctly.

When making a claim, you must follow the basic rules:

  1. The design of the document begins with the “header”. It contains information about to whom the claim is directed, i.e. official and legal name of the supplier organization. Next, indicate the full name, postal address, telephone number of the person requiring a response;
  2. Description of the situation itself. The main points that were violated when filling out the data are indicated:
  • Notes on legislative documents;
  • Key points of the agreement;
  • Expert opinions;
  • Material evidence base: photos, video materials and other data;

This point is the most key to solving the problem in your favor. Here you need not only to describe the violations, but also to provide as much evidence as possible, citing real data and a source.

3. Announcement of clear requirements. Within the framework of Article 29 of the Law “On Protection of Consumer Rights”, the client has the right to demand:

  • In case of violation of deadlines: determine another deadline for completing the service, reduce the cost of the service, redirect the order to another contractor and demand payment, demand a full refund;
  • If the service is performed poorly: provide a commensurate discount, redo the work, eliminate or correct deficiencies free of charge, transfer the order to another contractor and demand payment for it, terminate the contract and take the money.
  1. Possible further actions and sanctions are prescribed in case of failure to comply with requirements (legal costs, penalties, penalties, etc.);
  2. The document contains a list of attached documents (checks, guarantee cards, agreement, etc.);

The final part includes a signature and date of compilation.

The claim is drawn up in 2 copies, one of which with a mark of acceptance remains with you. The document can be submitted in two ways: by mail in the form of a registered letter or during a personal visit. If you use the services of Russian Post, you will definitely need to keep documents confirming the sending of the letter.

Just like with a product, claims are reviewed within 10 days and a response is given. Compliance with the requirements themselves is limited by different deadlines depending on the service sector, while the supplier can satisfy the request immediately after receiving the claim.

Sample claim form

It is more difficult to prove the appropriate quality of work than violation of deadlines. Therefore, we will clearly demonstrate the structure of writing a claim for poor quality services. The document will look like this:

Manager (or other official)

(full legal

company name)

from (client's full name)

residing at: (postal address)

contact phone number (any one that can be contacted)

claim (statement)

(Date) I entered into an agreement with your company (specify the type of agreement), which is confirmed by receipt No. (number of the agreement, receipt or check) dated (date). According to it, I paid an amount in the amount (in numbers and words) of rubles, for which your organization had to (register the service). But I found that (mark the main complaints and their inconsistencies with the contract). According to Art. 4 of the Law “On Protection of Consumer Rights”, the quality of the service must comply with the contract, which you have not fulfilled. Therefore, according to Article 29 of the Law “On Protection of Consumer Rights”, I have the right to make a demand:

  • for free re-performance of the service;
  • for a commensurate reduction in the cost of work;
  • to eliminate deficiencies free of charge;
  • to cover the costs of eliminating deficiencies (full performance of the service) independently or by another organization.

According to the above and in accordance with Art. 4, 17, 29 of the Law “On Protection of Consumer Rights” I ask:

(select what you want from the list) no later than (number of days) from the date of receipt of this claim.

If the requirements are not met, I will be forced to turn to the courts to protect my rights. Then, in addition to the points listed above, I will demand compensation for moral damage in accordance with Article 15 of the Law “On the Protection of Consumer Rights”.

(Date of writing) (Signature and transcript)

Any seller can receive products of inadequate quality. In this case, you can get your money back by filing a claim with the supplier. A complaint is one of its types aimed at obtaining compensation.
How to compose it correctly, what to pay attention to and how to send it will be discussed in the presented article.

○ Legislative regulation.

Failure to comply with the terms of the contract is regulated by the Civil Code of the Russian Federation.

A demand to change or terminate a contract may be submitted by a party to the court only after receiving a refusal from the other party to the proposal to change or terminate the contract or failure to receive a response within the period specified in the proposal or established by law or the contract, and in its absence - within thirty days (p .2 Article 452 of the Civil Code of the Russian Federation).

The complaint must be made in writing and sent to the counterparty by registered mail or delivered in person. The claim maker must have evidence that he actually informed the opponent of his demands.

The recipient of the complaint is obliged to respond to it within the period established by law (30 days from the date of receipt). If there is no response from the opponent or an unsatisfactory answer is received, the claimant has the right to go to court in the manner prescribed by law.

○ What does a quality claim mean?

A quality claim assumes that the goods received did not meet the specifications stated in the contract. Let's take a closer look at the parameters by which this is determined.

Does not meet the declared functions and characteristics.

This means that the product differs from the characteristics specified in the supply agreement. Such a discrepancy can be detected visually or require the involvement of experts. For example, self-made clothing was supplied, and the style of the received batch differed from that specified in the agreement. In such a case, the recipient has the right to demand an exchange or refund for the goods.

If technically complex goods in which defects cannot be detected immediately are defective, the return chain may become longer. In such a case, most likely, the goods will have time to reach the buyer and the seller may have additional problems with processing returns and exchanges. In such situations, the claim also includes claims for damages for expenses incurred.

The item was used but delivered as new.

If the consumer is not given the opportunity to immediately receive information about the product (work, service) upon concluding a contract, he has the right to demand from the seller (performer) compensation for losses caused by unjustified avoidance of concluding the contract, and if the contract is concluded, to refuse to perform it within a reasonable time and demand a refund of the amount paid for the goods and compensation for other losses (Clause 1, Article 12 of the Law on the Protection of Consumer Rights).

If a used product is supplied as new, this is grounds for filing a claim with the supplier. When a product is visually identified as previously used, the buyer may not accept it by refusing to sign an act of receipt of the goods. And if such criteria cannot be identified through inspection, you will have to use the services of an expert who will draw up an official conclusion. Reimbursement of payment for his services will be included in the list of requirements when submitting a complaint.

The product is visually damaged.

Some signs of poor quality products may be detected during the initial inspection. This is the presence of holes or arrows on clothing, scratches and dents on equipment, etc. Such defects instantly reduce the cost of the goods, which implies losses for the customer of the party.

In this case, it is also better to refuse to accept the product, citing detected defects. This is important because after signing the acceptance certificate it will be difficult to prove that the fault for damage to the goods lies with the supplier.

Other types of claims.

  • Failure to meet the delivery deadline.
  • Disruption of production.
  • Provision of services that do not correspond to those stated.

The listed reasons are a legal basis for filing a complaint if the supplier refuses to solve the problem voluntarily.

○ How is a claim filled out?

In order for a complaint to have legal force and be able to serve as evidence in court, it must be drawn up in accordance with legal regulations. Let's take a closer look at what criteria the document must meet.

What should be included?

  • Serial number and date of filing the complaint.
  • Applicant details.
  • Name.
  • Indicate your dissatisfaction in free form with evidence.
  • Characteristics of products designated as low-quality.
  • Listing of losses incurred due to this product.
  • Requirements for the recipient, upon fulfillment of which the issue will be resolved without involving the court.
  • List of attached documents confirming the validity of the complaint.

Number of copies.

The claim is drawn up in two copies, one of which is sent to the supplier, and the second remains with the originator. The complaint can be submitted in person or sent by registered mail. It is important that the originator retains proof of service of the claim. If mail is used, a postal receipt will serve as proof of delivery. If a personal transfer is made, you need to get a stamp of acceptance of the document for your copy.

Sample document.

In order for the claim to be accepted by both the recipient and the court, a document should be drawn up according to the sample presented below.

SAMPLE

CLAIM

(return (exchange) of goods of good quality)

« 18 » November, 2016 year, I purchased a batch of clothes (dresses) from your organization. Upon receipt of the goods, I, I.I. It was revealed that the style of the clothes sent differed from those specified in the contract.

Thus, the product I purchased is of appropriate quality, but cannot be used by me for its intended purpose, because... the clothes were purchased by a team that approved the required style in advance. This means that a product that does not meet the specified parameters will not be paid for by the buyer, which implies significant damage to me.

In accordance with Art. 25 of the Law of the Russian Federation “On the Protection of Consumer Rights”, a consumer to whom a non-food product of proper quality has been sold has the right to exchange this product for a similar one from the seller from whom this product was purchased, if the specified product does not fit in shape, dimensions, style, color, size or configurations An exchange is made if the specified product has not been used, its presentation, consumer properties, seals, factory labels, as well as sales or cash receipts, or other document confirming payment are preserved. The absence of documents confirming the purchase does not deprive the consumer of the opportunity to refer to witness testimony.

The consumer has the right to exchange non-food products of good quality within 2 weeks, not counting the day of purchase.

If a similar product is not on sale on the day the consumer contacts the seller, the consumer has the right, at his choice:

  • Refuse to execute the sales contract and demand a refund of the amount paid for the goods.
  • Exchange the product for a similar one when it first goes on sale.

The recipient's request for a refund of the amount of money paid for the specified product must be satisfied within 7 days from the date of return of the specified product.

Based on the above, in accordance with Art. 25 of the above-mentioned Law I ask:

  • Exchange the delivered product for another that meets the customer's requirements.
  • Get money back that can be spent on other things.

If my claim is rejected, I will be forced to (a) go to court to protect my consumer rights and, in addition to the above, I will demand payment of interest for the unlawful withholding of funds in the amount of these funds, compensation for losses caused to me and moral damages. (Grounds: Article 395 of the Civil Code of the Russian Federation, Articles 13-15 of the Law of the Russian Federation “On the Protection of Consumer Rights”). If the court satisfies the consumer’s requirements established by law, the court recovers from the manufacturer (executor, seller, authorized organization or authorized individual entrepreneur , importer) for failure to voluntarily satisfy the consumer’s requirements, a fine in the amount of fifty percent of the amount awarded by the court in favor of the consumer.