Hello! When buying, the seller distorted the information about the capabilities of the phone and did not provide the correct information. The next day I brought it to exchange for another model, indicating that it does not have a flash and a poor screen resolution, although when buying it, he indicated that it was all like a more expensive model, the phone was not used and the presentation and packaging were completely preserved. But I was refused referring to the new regulation. Do I have the right to return or exchange it?

If there are no defects in the product, then you can exchange or return it only at the good will of the seller. And Resolution No. 924 has nothing to do with it.
The seller's words do not matter when selling. If the operating instructions contain any functions and characteristics, and the phone does not correspond to this, then there are drawbacks. Otherwise, there are no shortcomings!

Hello! I bought a blender on 02/26/12, 03/31/12, I took it to the store, I wanted to exchange it, due to the strong heating of the blender body and the sinking of the button, to which I was told that the goods could not be exchanged, because works with food, and was taken away for repairs. Is the seller correct?

Hello Albina.
The seller is wrong. If there is a shortage in your blender, then you might advance any legal requirement(return, remot, exchange).
However, since you handed over the blender for repair, then you can no longer change the requirement. Only if you do not eliminate the deficiency in 45 days.

Hello, please help me figure it out.
I bought the phone in November 2011. The camera broke down 5 months later. brought me to the store with a claim to return the money to me (not knowing about the new decree). sellers accepted the claim, but did not take the device, tk. I didn’t agree to the renovation. went to wait for a written answer. 4 days later, the answer came from the head office "your device was received in the salon ..., followed by sending to the SC ....... the center has carried out diagnostics of your device, the defect was not recognized as a real defect ...... the apparatus has been repaired. " the phone was with me all this time :) what to do now I don’t know, write a second complaint?

Hello, Asya.
And that the letter from the seller contains your data, phone model, serial number?
Basically, you can only ask the seller to correct the defect. Write a claim with this requirement, let them eliminate it.

Hello Mikhail.
07/14/11 acquired a Navigator in Tsifrograd, namely texet610. After 3-4 months during operation, it stopped charging due to a breakdown of the usb port, handed it over to the SC and repaired it after 40 days.
The other day I stopped loading (it hangs at the loading stage with the logo), (the fact is that I need a navigator for work and wait 45 days is equivalent to unemployment) again turned to the SC with a demand to return the money or purchase another model with a surcharge, or extreme case issue a similar device for the duration of the repair. They refused me, stating that for the duration of the repair they give out only a telephone and agreed to warranty repair... The navigator did not pass, I think what to do better.
Is there a way to get my money back?
Pay extra and take another model?

You cannot demand money yet, because the navigator is included in the list "924.
Do you have a navigation phone or a navigator?
If the navigator, then hand it over to the seller for repair and ask for a replacement for the duration of the repair. Only for the seller! Forget the emergency call center.

Hello) I already wrote to you on January 25, 2012.
A question about a positive decision in court regarding a factory defect of an expensive smartphone. So I won the trial. You wrote: "A lawyer, either not a lawyer, or just fools your head" - all large stores and even smaller ones (the defendants) have lawyers on their staff, whose court visits are already included in the salary, so there are no costs In case of loss, the plaintiff does not pay. To have a 100% chance in court, the plaintiff needs to find a good lawyer who specializes specifically in the field of consumer protection, and does not deal with everything at once. My defendants were afraid of my lawyer and after the first hearing went to the world.
Dear consumers, do not be lazy to find out your rights and get advice from specialists. Remember: never find out anything and do not take the word of the sellers and even more so the employees of the Service Centers, they are not your friends. Their goal is to deceive the buyer.
The new law states that consumers are not entitled to anything other than repairs. So the store employees try to smell that on the second day after the purchase, REPAIR IS ALSO PROVIDED! (Prudently forgetting to say about two weeks, when you can return the money for the goods).
Remember: the buyer is always right!
P.s. Thank you very much for keeping such a wonderful blog))))

Hello Andrei.
March 10, 2012 acquired radio controlled car(hereinafter P / A) (SPARROWHAWK DX 350Z, TTR6534-F72, orange color). After 1 day, namely on March 11, 2012, a malfunction was discovered in the P / A - there was a sharp disconnection of all power supply for a reason that I did not understand. With the careful detachment of the P / A stamps from the battery, two metal connectors fell out of the stamp on the P / A side (the circuit itself broke, and, accordingly, the electricity in the P / A was cut off).
On March 12, I already took it to the seller for repairs. After the repair, as I understand it, if the P / A works, I have no right to terminate the sales contract? What if the breakdown happens a second time? There are big doubts that the repair will help "for a long time", tk. the brand seems to be heated and twisted by current inside the connector (currents for such toys are quite large, about 5000mAh (not to be confused with voltage)), while everything is within the framework temperature regime, well, while driving inside, there is no way to get into the mark with your fingers ...

In general, under what conditions can I demand to cancel the sales contract?

Thanks in advance!

Hello Michael.
Why did you give the car for repairs at all? 15 days have not passed and it was necessary to demand a refund or exchange.
Now you can return the money if only a significant flaw is found in the product, or it will be repaired several times in the amount of more than 30 days.

Good day! I want to say that you give a clear classification of the problem and clear advice on how to solve them. I have a problem with a borehole pump that cannot be verified upon purchase.

I think like this, but I'm floating in my position:

On January 17, 2012, I purchased equipment for agriculture with an internal combustion engine (with an electric motor), namely a Belamos SP40 / 5 screw borehole pump for irrigating a garden and a vegetable garden, on my property land plot agricultural purposes. I purchased this equipment for agriculture in the presence of a witness in T, at the address of V.
Seller B, after listening to our requirements and wishes regarding the required equipment, recommended a Belamos SP40 / 5 pump for my well of 55 meters, informing us that this pump supplies water from a depth of 95 meters, convincing us that this purchase is fully consistent our needs. After listening to the advice of seller B, we purchased the specified equipment for agricultural purposes, having paid the indicated amount of 4600 rubles, having received a well pump and sales receipt No. 002304, seller B did not issue a cash receipt, arguing that they did not have a cash register.
On January 18, 2012, P. and specialists in the installation of borehole pumps installed the specified equipment in the village. R. But the pump, due to its low power, did not supply water to the surface of the well. This pump is not designed to supply water from a depth of 55 meters.
On January 18, 2012, I asked to go from P to T and hand over the Belamos SP40 / 5 borehole pump, since this pump does not pump water from a depth of 55 meters. P. first visited the office where the borehole pump was purchased, after which he was sent to another office. Having visited the indicated office, P suggested that employee T exchange the indicated borehole pump for a more powerful one with an additional charge, since this pump does not pump water even from a depth of 55 meters. Having been refused, P. returned the Belamos SP40 / 5 borehole pump and asked for a refund in the amount of 4,600 rubles, saying that he needed to buy the pump today from another organization, and for this he needed money. Employee T. asked to write a claim, accepted the pump and said that the claim was assigned no. She refused to issue the funds, arguing that it is necessary to inspect the equipment by a specialist who is not currently at work. P. went to another organization and bought another borehole pump that pumps water from a depth of 55 meters, which is currently in operation.
On January 25, 2012, T. received a reply stating that the funds in the amount of 4,600 rubles would not be issued, the Belamos SP40 / 5 borehole pump was not returned, the warranty repair was denied because the pump cable plug was cut off.
The main reason for refusal to return Money according to the Deputy Director for general issues T., was that:
- This borehole pump, for agricultural purposes, cannot be returned, since it is a complex household equipment,
- There is no plug (220 V) on the cable of the submersible pump,
- This borehole pump is not capable of supplying water from a depth of 95 meters.
I do not agree with the position of T., because according to clause 3 of the list of Decree of the Government of the Russian Federation No. 924 of November 24, 2012 (... equipment for agriculture with an internal combustion engine (with an electric motor) is subject to satisfaction on their replacement if significant defects are found in the goods , or a refund. And since the exchange was not made immediately, and I had to purchase a new borehole pump, I think that I have the right to terminate the purchase and sale agreement and get the money back, in the amount of 4600 rubles. A significant disadvantage is that this submersible pump does not deliver the declared 1500 liters from a depth of 55 meters.This Belamos SP40 / 5 pump does not correspond to the tasks for which it was purchased, since the seller gave false information, and this pump is designed for wells with a maximum depth of 40 meters.
As for the missing plug, it should be noted that a cable with a plug, 20 meters long, is supplied with the specified borehole pump, and no technical capability under water, connect a socket with an extended cable for 30 meters, therefore this plug was removed to extend the cable length for immersion to a depth of 55 meters (indicated nominally) for this type of pump. I believe that when issuing funds, it was possible to take into account the difference of 100 rubles to buy a new plug. Without extending the cable, this pump cannot be lowered to a depth of 55 meters.
I believe that my rights as a consumer have been violated, the money in the amount of 4,600 rubles has not been returned, the borehole pump has not been returned either. There is no money, no pump.

Hello, Alexander.
What does the instruction manual say about the depth of water rise?
The seller's words do not count.

Please explain.
I read the article and the decree.
The cell phone shuts down spontaneously and loses connection. Currently, there are less than 40 days left until the expiration of the seller's warranty. What is the procedure for filing a claim for a defective product?
1) hand over the phone for repair - 45 days, and then the marriage is repeated, but there is no longer a guarantee ...
2) hand over the phone with a claim referring to Article 18 of the RFP with a demand for a refund now?
Local Rospotrebnadzor could not explain.

You don't have the right to return your phone right now, you only have a repair.
The warranty is extended for the duration of the repair.
Hand over to the seller with a requirement to eliminate the defect.

Hello!
This is the situation! I bought a laptop in the online store M-video in November 2011. With a 1 year warranty, 17 inch handsome Toshiba! This is how a month ago he broke with me - he flew HDD, (I understand computers), took out a guarantee and took it on 02/06/2012 to the Toshiba RCC Moscow service center, although now I understand that it was necessary to carry it in the M-video, they accepted it from me and confirmed that a replacement is required hard disk and I also made a claim that 2-layer DVD discs are not readable.
A week later, they called me and asked whether to save the data available on the hard drive, and that it would cost 4550 rubles, I thought and answered that to save - I gave my consent.
They've been fixing it for 27 days!
Attention, QUESTION! Can I demand from M-video, after 30 days of the repair period, to replace the laptop with a similar one, referring to Article 18 (the inability to use the product during each year of the warranty period in aggregate more than thirty days due to the repeated elimination of its various shortcomings) !?

And Can I go to Mvideo and in this situation ask for a laptop replacement during the repair by providing certificates from the service center !?

Hello, Alexander.
You cannot do either one or the other.
A period of 30 days is with repeated elimination of deficiencies. That is, if your laptop breaks down more than 2 times and the total repair time exceeds 30 days. And at the moment you have only one repair, so you can change the requirement only on the 46th day.
The store will not give you a substitute either, because you did not hand over anything to them for repairs. You can ask the SC, but this is usually useless.

Good afternoon.
We bought an LCD TV, after a month it stopped working. I went to the store, passed it for quality control, without any problems. 23 days have passed, they do not call, do not write, I went to them myself. Here the service administrator (as they call the person in charge) told me about the existence of the excellent article 924. Okay, I agreed to repair it, that's another 45 days.
Question?
- Is the service administrator doing the right thing to take the TV set for 65 days?
- What TV should he give me during the repair?

Hello Farhad.
If you immediately demanded repairs, then the maximum period would be 45 days. But since you passed the TV for some kind of quality check, the deadline did not go. So it turned out 65 days.
The replacement product must have the same basic consumer properties, that is, it must accept and show TV. Therefore, the TV can be anything.

A low-quality blender was purchased (refers to a technically simple product). Need expertise to get your money back?

If you demanded a refund in writing, then the seller has the right to conduct an additional quality check or examination. This is his right. The term is no more than 10 days.

Good evening .. I need help.
I have a question..
If I am now saving up a touchscreen phone for myself, and after 15 days from the date of sale, the sensor, camera, software failure (freezes), does the seller have the right to accept it only for repairs?
Thanks in advance.

Good evening.
The seller has the right to do anything, but you, by law, will only have the right to repair.
And in general, maybe you shouldn't buy a phone with such thoughts ...

Hello! Your help is very necessary!
On November 5, 2011, I purchased an HTC communicator worth 24000r. After 1.5 months of careful operation, after updating Software, the phone started blinking, unlocking, heating up and, therefore, quickly discharging.
I refused repairs in the SC, having written a claim demanding diagnostics / quality control (within 20 days). A copy of the claim with the SC stamps is available. Exactly 20 days later, I was given an expert opinion and a phone REPAIRED WITHOUT MY CONSENT. Conclusion: malfunction of the components of the motherboard, i.e. factory defect (defect of the carrier, one might say, "the brain of the phone"). On the same day, I wrote a request to terminate the sale and purchase agreement and return the funds (consideration within 10 days). A copy of the request with the seals and signatures of the SC employees on hand. After 10 days, no one bothered to give an answer. When I arrived on the 11th day, it was verbally said that there would be no refund. I wrote a claim for refusal and a violation of the deadline for responding to a previous claim. There is a copy. Now I am filing a lawsuit, I hired a lawyer. Can you say, with all the manipulations carried out, can I count on a court decision in my favor?

Hello Olga.
If everything was exactly as you wrote, then your lawyer is either "not a lawyer", or is simply fooling you.
By law, you couldn't demand anything at all except for repairs. Moreover, you put forward a claim in your claim, which, in principle, is not provided for by law. Service center fulfilled its obligations as authorized by the manufacturer and repaired your phone free of charge.
Then you wrote a claim for the return of a working phone. This is not legal, and you can not react to such demands in any way, so no one answered you.
If I were you, I would take the application from the court and use the telephone. If you lose the court, you pay both the legal fees and the seller's attorney fees - it can be expensive.
BUT. Maybe you misrepresented the situation and then my answer will also be wrong.

Hello again. Thanks a lot for your answer.
I just do not understand why such a strange conclusion about malfunctions is given. The reason for the malfunctions is not indicated or explained, i.e. causing the phone to stop working. There is a long list of what they managed to fix in 15 days. It seems that everything was repaired. And what if the phone stops working and the warranty expires?

Hello Olga.
The reason for the appearance of the shortcomings is simple - a factory defect. If this were not the case, then SC would have refused to give you warranty repairs.
As for the list of what they managed to fix in 15 days, I can’t tell you anything, because I am not a specialist in the repair of electronics and, in particular, cell phones.
You still have more than 8 months until the end of the warranty - if there are any hidden flaws, then they will definitely come out.

Hello! Please tell me if I purchased the TV before November 2011, but it is still under warranty, can I request a refund? As far as I know, the law does not have retroactive legal effect.

Hello Ruslan.
No you can not. V in this case the law takes effect not from the moment of purchase, but from the moment a defect is discovered.

Another note on comment 7: "In any case, the maximum repair period under the law should not exceed 45 days" ... According to article 20 of the ZoZPP, 45 days is for the period established in writing, and if the period is not specified in writing, then it is not limited in principle by nothing. If the seller is not his own enemy, then he will not set any deadlines for himself in writing, and there is nothing to force him ... It is not clear how to act in such a situation?

A similar remark on comment 6: "if the same drawback appears more than two times in a row, then it is significant" ... But according to the definition given in the same commentary, the concept of a significant drawback is somewhat broader: if the same drawback appears more than once, and not necessarily in a row (see "or is detected repeatedly")!

Let me make such a remark about comment 3: "If the second time is not corrected, you can demand a refund or exchange" ... If the second time the diagnostics (not repair!) Confirm the same defect, then it is "essential" - to repair (which means you don't need to wait again)! If I'm not mistaken ... (see "after which again the same picture as before the renovation" - according to Irina, but words are not enough ...)

Hello Andrei! First, I want to thank you for such a wonderful blog! 🙂
The essence of my question is this: we bought a system unit HP Pavilion p7-1004ru 11/05/2011 in M-video, 01/13/2012 the system issued a hard disk error message. On January 16, we took the system unit to the M-video SC, where the receiver said that it would turn out faster if we ourselves bring the unit to the Formoza SC, where the M-video SC would have sent our unit ourselves, i.e. we'll just save time. They took us to the Formoza SC, the next day they called us from the SC and said that they did not deal with HP Pavilion computers, and we need to contact the Severnaya Korona SC, today (01.01.) We went there, and the receiver said that the hard drive would most likely be replaced, advised save everything that is possible and hand over the block all the same through the SC M-video, with which I now, after reading your blog, quite agree 🙂
There are several questions:
1) A claim, as I understand it, does not need to be written, but an acceptance certificate is needed, is it so?
2) Do we have the right to demand that the store simply replace our hard drive with a similar new one? is it not included in the TJT list? And if you have the right, then how to do it competently?
Thanks in advance.

Hello Anna
If you still have your computer, then stop rolling around the SC and return it to the seller for repair. In any case, the maximum repair period by law should not exceed 45 days.
In addition, a replacement can be requested from the seller during the repair.
It is not eligible for an exchange or refund yet. Now, if it is not repaired in 45 days, then ...

Thank you very much for your reply, tell me please, on the basis of which article to require substitution? And 45 days are calendar days or weekdays?

Based on Art. 20 p. 2 ZoZPP. Calendar days.

A large expansion of the range of those groups of household appliances, which Resolution No. 924 classified as technically complex, will lead to the fact that the vast majority of consumers, 15 days after purchasing the product and identifying a deficiency in it, will have to wait for repairs, the maximum period of which is 45 days.

And where did you get this ?? V new edition There is nothing of the kind. Here:

Article 18. Rights of the consumer upon detection of defects in the product

(as amended by Federal Law of 25.10.2007 N 234-FZ)
1. The consumer, in case of finding defects in the product, if they were not agreed by the seller, at his choice has the right:

demand replacement for goods of the same brand (of the same model and (or) article);

demand replacement for the same product of another brand (model, article) with a corresponding recalculation of the purchase price;

demand a commensurate reduction in the purchase price;

demand the immediate gratuitous elimination of defects in the goods or reimbursement of expenses for their correction by the consumer or a third party;

refuse to execute the contract of sale and demand the return of the amount paid for the goods. At the request of the seller and at his expense, the consumer must return the defective product.

At the same time, the consumer has the right to demand also full compensation for losses caused to him as a result of the sale of goods of inadequate quality. Losses are reimbursed within the time frame established by this Law to meet the relevant consumer requirements.

With regard to a technically complex product, if defects are found in it, the consumer has the right to refuse to execute the sale and purchase agreement and demand the return of the amount paid for such a product or file a demand for its replacement with a product of the same brand (model, article) or for the same product by another brand (model, article) with the corresponding recalculation of the purchase price within fifteen days from the date of transfer of such goods to the consumer. After this period, the specified requirements are subject to satisfaction in one of the following cases:

detection of a significant shortage of goods;

violation of the terms established by this Law for the elimination of defects in the goods;

the inability to use the goods during each year of the warranty period in the aggregate of more than thirty days due to the repeated elimination of its various shortcomings.

As far as I understand, a technically complex product with a "simple" defect can be returned / replaced within 15 days, and with a "significant" one - both before and after 15 days. The mechanism for determining what is essential and what is an insignificant flaw is still not specified in the law, as before, and everyone interprets this for himself as he wants.

The seller will still not want to acknowledge the consumer's claim without quality control and / or expertise. (but he has the right not to recognize or not - the law is not clearly spelled out).
So nothing really changed with the adoption of this decree.

Why isn't it listed?

A significant deficiency of a product (work, service) is an unrecoverable deficiency or deficiency that cannot be eliminated without disproportionate costs or expenditures of time, or is revealed repeatedly, or manifests itself again after its elimination, or other similar deficiencies;
(as amended by Federal Laws of 17.12.1999 N 212-FZ, of 21.12.2004 N 171-FZ)

The materiality will be determined by the SC that repairs the goods:
- if it is not possible to repair, then it is significant;
- if it is more expensive to exchange than to repair, it means significant;
- if they do not have time to repair it within the time period established by law (45 days), then it is significant;
- if the same deficiency appears more than two times in a row, then it is significant.

And with the projector the same 15 days? Not cinema equipment, sort of - intended for home use ..

Hello Dmitry.
And about industrial equipment generally a separate conversation. The manufacturer's warranty applies only to household goods. Read any branded warranty card- it is written there.
The projector relates to clause 11 of the list of decree No. 924.

Good day! Bought 12/30/11 Rowenta ES 060 espresso machine.
After making coffee, we found out that it turns out to be of disgusting quality. We want to bring her back to the store. The catch is that the manufacturer indicated on the box: "A coffee machine for making espresso under pressure ...", and in the instructions for use it repeatedly indicates "Espresso coffee maker." coffee machine different things?

Hello, Natalia.
You have a coffee maker, not a coffee machine.
But the point is not in this, but in the fact that the list of Resolution No. 924 - these are goods that have a shortage. "It turns out to be of disgusting quality" - this is not yet a disadvantage. Perhaps you do not use the coffee maker correctly, do not follow the recipe, use low-quality coffee for making, etc., etc.
The seller, before exchanging goods or returning money, has the right to conduct an additional quality check. What do you think will be the result of this test? Right! Most likely, the flaw will not be found. Then you can swipe independent expertise, or go to court, which itself will appoint an examination.

Hello! I bought a dishwasher on January 14, 2010. I still have it under warranty. there was a breakdown, the modular block was changed, after which again the same picture as before the repair. The machine can work and shut down. or maybe not disconnect at all. can I insist on a refund for the PMM.

Hello Irina.
Write a claim with a requirement to eliminate the deficiency and submit it to the seller.
If the second time is not corrected, you can demand a refund or exchange. That's just you must have acts from the SC, which indicate the malfunction, the work performed and the replaced parts. These acts must be required from the seller when you pick up the car from repair.

And what type of product does the e-book / reader / belong to. I do not know what type of product to refer to, it seems to be not a computer, and not a mouse))). How to butt the store when returning?

Hello, Elena.
Most likely, the seller will classify such a product under item 7.
Although, in my opinion, an e-book does not apply to electronic computers. But it was not for nothing that I wrote that our legislators, as always, left many opportunities for different interpretations ... So it is with the book - the judge and the eloquence of lawyers will decide.

And yet, it is possible to explain clause 12 of the TST list ".... electric water heaters with an electric motor and (or) microprocessor automation" what is it? I would like to know if the electric kettle belongs to this category, because at the moment there is a problem with the return of this personal appliance, which was purchased in June 2010, Guarantee period is not over, but the seller, referring to this particular point, offers to contact the service.

Hello! Thank you very much for your prompt reply !!! If I understood correctly, the electric kettle does not belong to any of the TST categories, and the refund is provided through a claim, but I want to clarify that the claim must be submitted without the device, which must be returned, because if I submit a claim along with the device, then there is no guarantee that I will receive anything at all 😉, am I right?

Hello, Natalia.
Well, why, you still have to hand over the kettle to the seller - he has the right to make sure that there is a defect and carry out an examination, if necessary. Transfer the goods with the drawing up of a transfer certificate.
Read:.
If you request a refund, then your claim must be satisfied within 10 days.