You were sent a poor quality product

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subornaakter20
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Joined: Mon Dec 23, 2024 3:44 am

You were sent a poor quality product

Post by subornaakter20 »

It often happens that at first glance the product is of high quality, but during its use defects are revealed. A simple example: Natalia bought a mobile phone online, managed to use it for several days and only then realized that the camera in it does not work well.

According to the law, you can terminate a sales contract and demand a refund if you purchased something technically complex (TVs, watches, phones) and discovered faults during use. You can demand a replacement (for a similar product, but a different brand). Of course, if the other item is more expensive, you will have to democratic donor email list pay extra. The replacement can be made no later than 15 days after you received your purchase.

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If this period has expired (15 days), the buyer can send a claim to the seller's address (because the contract provides a guarantee for the product for at least two years). The main thing here is to make it before this period expires, and you will be faced with the task of proving that the product was damaged before it got into your hands. As a rule, this cannot be done without an expert examination.

As for the example with Natalia, the seller is ready to take the phone back, but intends to charge the buyer a certain amount for the return, because the packaging is already damaged, the film has been removed from the screen, etc. Experts say that the seller has no right to demand compensation. According to Article 503 (clause 5) of the Civil Code of the Russian Federation and clause 27 of Rules No. 55, even if the product was used (partially or completely), its presentation was damaged, and therefore the cost has decreased, the seller is still obliged to return the buyer's money in full.

In the event that the seller enters into an agreement with a courier service for delivery, and the buyer refuses the goods, the return delivery via the courier is also paid by the seller.

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Where to go if you were deceived in an online store? File a complaint with Rospotrebnadzor. Based on it, the seller's activities may be subject to an unscheduled inspection.

The money was transferred to the seller, but the goods did not arrive to the buyer
Of course, it is unpleasant to receive a defective dress or a non-working mobile phone in a parcel. But it can be worse: the money is withdrawn from the card, and that's it, the order simply does not arrive. For example, Vladimir found himself in such a situation. He paid for the goods, but never received them (and the seller stopped responding to messages). That is, he was deceived in the online store, but how can he get his money back?

In this case, you should also draw up and send a claim to the seller. In it, you need to write the date of the order, the form of payment, the expected delivery date. Immediately demand a refund of both the money and the penalty (at the time of drawing up this claim).

According to the law, if an advance payment (in the amount stipulated by the contract) was transferred to the seller, but the goods were not transferred to the buyer within the agreed period, then he can put forward the following demands:

set a new date for the delivery of the ordered goods to him;

return the money transferred to the seller as an advance payment for the undelivered goods.

But that's not all. Vladimir has the right to demand compensation for the losses incurred. If the seller fails to deliver the goods for which he received an advance payment within the agreed time, he is obliged to pay a penalty. It is calculated at half a percent of the advance payment amount, and for each day of delay.

The seller's actions are considered fraudulent if he does not contact the buyer at all after receiving the money. In this case, you can even file a police report.
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