A child's toy broke. Is it possible to return? Can children's toys be returned to the store? Is there a warranty for radio controlled toys?

Procedure for receiving goods and returning:

Upon receipt of the goods, you confirm with your signature that there are no complaints about the packaging and appearance goods. Any order can be returned only at the company's central office. If you are not in Moscow, then to return you need to send the parcel to the office by any transport company (transportation costs are not refundable).

Warranty terms:

Model name:

1. WARRANTY PERIOD

1.1. The warranty period for Products is 30 calendar days from the date of sale of the Products. Returns and exchanges of goods within 14 working days.

2. WARRANTY

2.1. The supplier guarantees for warranty period absence of defects in details.

2.2. During the warranty period, if a manufacturing defect is detected, the Products are subject to free warranty repair or replacement (if repair is impossible). Warranty repairs are carried out at the ShopNtoys service center. Warranty repairs or replacement of purchased Products during the warranty period are carried out only if the following conditions are met:

  • Availability of a completed warranty card with the date of sale and the Seller’s stamp.
  • Availability of original packaging and accompanying documentation included with the Product.
  • Availability of a document confirming payment for the sold Products.

This warranty does not apply to: Products: rechargeable batteries, model fluids and oils, paints, adhesives, resins, parts subject to natural wear, as well as other products and components subject to strong mechanical stress during operation: plastic rod ends, hogs, angles, hinges, balsa, slats and plates made of wood, etc.

2.3. The seller does not bear warranty obligations in the following cases:

  • The presence of damage to the Products due to mechanical influences.
  • Violations of the safety of control labels and seals on Products.
  • Attempts to independently repair or change the internal structure of the Product by the Buyer.
  • Violations of operating rules.
  • Careless handling of Products.
  • Excessive load on products.
  • Failure to comply with safety measures, negligence or lack of necessary skills in managing models by the end user.
  • Incorrect assembly and (or) incorrect configuration of the Product.
  • In cases of burnout of elements of the input or output circuits of electrical devices, due to violation of operating rules (connection to an unsuitable power source, short circuit, excessive current load, etc.).

2.4. In cases where the cause of a Product malfunction is disputed by the Buyer, the Products are transferred to an independent expert who issues an opinion on the cause of the failure. If the breakdown occurred due to the manufacturer, the cost of expert services is paid by the ShopNtoys store; in other cases, the examination is paid by the Buyer. When transferring the Products for examination, the buyer fills out the form “Transfer of goods for examination”.

2.5. If the cause of the malfunction is not a manufacturing defect and is not covered by the Warranty, the Seller has the right to invoice the Buyer for the repair of such Products.

Please note that radio-controlled models, components, starting equipment, electronics, radio control systems and other accessories for radio-controlled models (hereinafter referred to as “products”) are not toys!

These are technically complex products that require the user to have the appropriate skills: control, configuration, maintenance, repair, operation, diagnosis of possible faults, etc. Radio-controlled models and their components are subject to extreme loads during operation. Often it is the opportunity remote control model in extreme conditions (speed racing, overcoming obstacles, ski jumping, acrobatic flights and stunts performed by the model, etc.) and attract people to this type of hobby. There are no generally accepted standards for radio-controlled models and their components that would regulate parameters such as strength, rigidity, reliability, durability, etc. Neither the manufacturer nor the seller can control the conditions and correctness of the pre-launch preparation of the product, running-in, configuration, safe operation of the model and the end user's model management skills after sale. Moving RC models and/or their components (as well as toxic elements contained in the fuel) can be hazardous to others and may cause damage to surrounding objects or cause personal injury or even death. From the moment of purchase, the user assumes full responsibility for the proper, legal and safe operation of the product and for possible damage caused by this product to the property and/or health of third parties.

LIMITATIONS OF WARRANTY

The manufacturer guarantees the performance of the product during the warranty period only if the product is used for the purposes for which it is intended by the manufacturer, with proper observance of the rules of pre-launch preparation and setup, careful handling of the product and careful storage, timely maintenance and diagnosis of possible malfunctions and the absence of mechanical damage parts and mechanisms of the product.

Important! Since radio-controlled models and their components are subject to extreme loads during operation, the user is responsible for pre-launch preparation before each launch/use. Any product, even one assembled at the factory and 100% ready for launch/use, requires pre-launch preparation/checking and, if necessary, running-in, adjustment and tuning before each launch/use. Pre-launch preparation includes: control inspection and reliability check of all threaded connections, checking the tightness of all docking units (where tightness is required), checking the wear of the rubbing working surfaces of parts, checking components and parts for cracks, play or other defects, checking the correctness of all settings and adjustments, checking the functionality of all systems, all electronics and radio control systems, checking that the batteries are fully charged and the correct polarity of the power contacts is connected, checking the functionality of the fuel system and exhaust system. The warranty does not apply to those parts and components that are subject to natural wear and tear during operation and are subject to periodic replacement: tires and wheel rims, bushings, bearings, overrunning clutches, shafts, drives, drive belts, gears, clutch bells, brake discs and linings, clutch pads, shock absorber springs and shock absorber oil, piston group of internal combustion engines, glow plugs of internal combustion engines, brushes of commutator electric motors, Lexan car bodies, etc. The warranty does not apply to any breakdowns of the product resulting from illiterate or insufficient pre-launch preparation/checking, running-in, tuning, adjustment of the product, non-compliance with safety measures during startup, improper control of permissible operating conditions, use of inappropriate fuel, power supplies, chargers, other electronics, incompatible parts, devices or components.

Important! Any internal combustion engine and any model equipped with an internal combustion engine requires mandatory running-in and skills in setting up and operating! Running in is a very important process during which all rubbing working surfaces of engine parts are worn in. The process of proper engine break-in is entirely the responsibility of the end user. Follow the instructions and constantly monitor the engine operating temperature with an infrared or other thermometer. In case of overheating, immediately turn off the engine and allow it to cool. The most common mistake that leads to engine breakdown during the break-in process (and sometimes during operation) is the desire to break in the engine as quickly as possible, the use of unsuitable fuel, premature or excessive leaning of the fuel mixture, driving an engine that has not been run-in at high speeds, lack of control of operating temperature engine. As a result, due to lack of lubrication in the lean mixture and high friction, the engine overheats. The lower bushing of the connecting rod rotates and jams the connecting rod in any position, which, when the engine is running, leads to further deformation and breakage of the connecting rod, piston group, crankshaft, etc. This will not be a warranty case and repairs will be charged.

If you do not have the necessary skills and experience, please seek help from experienced modellers, a modellers' club or a service center at the place of purchase (running in and tuning of the internal combustion engine at the service center is carried out for a fee).

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 given as a gift for a holiday and the second one is simply not needed. Or, due to other reasons, it becomes necessary to return the toy to the seller. However, not all stores agree to accept the product back or exchange the toy for another with an additional payment or partial refund.

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

Moreover, these questions turn out to be relevant when acquired expensive toy, for example, a radio-controlled car or 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, looking in more detail at the procedure for returning children's toys.

Under what circumstances can I return a toy to the store?

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

  • demand that the toy be replaced 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 deficiencies;
  • demand reimbursement of costs for repairs or replacement of low-quality spare parts;
  • completely refuse the purchase and demand a refund of the entire amount paid upon purchase.

Among other things, you can return the toy to the store, even if it is of absolutely high quality, if the following necessary conditions are met:

  • no more than 14 days have passed since the date of purchase;
  • there is a document available confirming that you actually purchased this product (cash or sales receipt);
  • The toy has not been used, the integrity and tightness of the packaging has been preserved.

What toys cannot be returned?

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

  • Stuffed Toys;
  • inflatable rubber children's toys.

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

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

To avoid buying, when buying children's toys, you must 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;
  • address of the manufacturer or importer, as well as their contact details;
  • quality trademark;
  • labeling;
  • the 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;
  • shelf life;
  • necessary storage conditions.

In addition, when purchasing from a seller, you can request a quality certificate; if it is missing or incorrectly issued, you can return the toy to the store, citing any doubts that have arisen. Also, what you should pay attention to is whether the seller has a demo sample of a particular toy. After testing and reviewing the product, you can request a new, fully packaged copy for yourself.

Documentation of 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 smooth return, it must be in stock. cash receipt, confirming the purchase.

If you requested a refund on the same day on which the purchase was made, then you can issue a refund through the same cash register 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 request a refund the next day or later, the refund is made from the general (main) cash register of the store, and to receive money you will need an identification document, preferably a passport.

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

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

If you are unable to return the product yourself, you can write a letter to the consumer rights protection society, demand that it be carried out, or use the services of a lawyer. Of course, if the toy was not too expensive, then it will not be profitable. 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 free consultation to legal support at the stage of filing letters and complaints, and, if necessary, when contacting the judicial authorities. At the same time, if you win in court, all legal costs, incl. and fees paid will be recovered from the defendant.

If in 2019 you wondered whether it is possible to return a toy back to the seller after purchase (to a store or an individual) and get money, read the article and find out in what cases it is possible to return a 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 poor quality (defective), if the breakdown was not your fault, can almost always be returned within 10 years from the date of purchase;
  • if the toy is a large item, there are special features when returning it, which can be found at;
  • If the product is an electronic children's toy and is of high quality, then it cannot be returned.

So, you purchased, but now you want to return the toy and there is a need to return it. Now you need to decide on the following.

The toy you bought turned out to be of poor quality for a variety of reasons, for example:

  • factory defect of a toy (breakage as a result of a manufacturing defect, poorly functioning product);
  • defective coating - the paint has burst or cracked, there has been a scratch;
  • individual parts and elements are faulty;
  • defects of a different nature that do not allow the use of the product to the extent necessary, etc.

The purchased toy is in good working order, but you did not like it due to any characteristics, For example:

  • I didn’t like the color of the toy, its shape or dimensions;
  • not satisfied with its design or the design of individual elements;
  • its size, color or configuration, etc. did not fit.
Free consultation with a lawyer on returning goods!

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

  • is there a warranty for the toy;
  • if the warranty period is established, whether it has expired;
  • whether the service life is set for the toy;
  • If the service life is set, whether it has expired.

Returning a toy with defects during 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 arose not through your fault, if the warranty period has not yet expired.

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

Refund period

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

  • to the seller– an organization, 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 regarding goods of inadequate quality | .

  • general passport ();

Important!

If a warranty period is established for the toy, the seller (authorized person) is responsible for the defects of the toy, unless he proves that they arose:

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

Thus, the circumstances of the occurrence of defects are proved by 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 for obvious defective goods on the spot and immediately return your money.

Free consultation with a lawyer on returning goods!

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If this does not happen, go to Step 2.

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

Step 3 | Toy examination

If, after checking the quality of the product, the seller (authorized person) believes that the consumer is the cause of the defects in 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 period for conducting the examination is 10 days from the date of presentation of the request.
  • The examination is carried out at the expense of the seller (other authorized person).
  • The consumer has the right to be present during the examination.

If the consumer does not agree with the expert conclusion, 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 associated costs of storing and transporting the goods | .

Step 4 | Going to court

Step 6 | Receiving the money

  • The refund period is 10 days from the date of submission of the claim | ;
  • when returning the amount paid to the buyer, the seller (authorized person) does not have the right to withhold from it the amount by which the value of the goods has decreased due to full or partial use of the goods, loss of marketability 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 through a consumer credit (loan), the seller is obliged to return the amount of money paid to the consumer, as well as reimburse the interest and other payments paid by the consumer under the consumer credit (loan) agreement | .

Step 7 | Returning a low-quality toy

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

The costs of returning the toy are borne by the seller (authorized person) | .

Returning a defective toy after the expiration of the warranty period (including when the warranty was not 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 any deficiencies are discovered, you have the right to:

  • refuse to fulfill the purchase and sale agreement and demand a refund of the amount paid for the toy | ;
  • demand compensation for the difference between the price of the toy established by the contract and the price of the corresponding product at the time the claim is satisfied | ;
  • demand full compensation for losses caused by the sale of a toy 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 goods were transferred to the consumer or for reasons that arose before that moment.

Period during which you can return the product

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

Refund period

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

Who can make a claim?

A demand for refusal to fulfill the contract and return of the paid amount can be made:

  • to the seller– an organization, 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 PDO;
  • authorized organization or authorized individual entrepreneur– persons authorized by the manufacturer (seller) to accept and satisfy consumer requirements regarding goods of inadequate quality - clause. 2 tbsp. 18 PDO.

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

Documents you need to have with you when making a claim

  • general passport ();
  • toy purchase and sale agreement (if any);
  • sales or cash receipt, non-cash payment receipt, other document certifying the fact and terms of purchase.

Important!

You can return it 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 basis for refusing to satisfy the request for a refund (you can return it without a receipt) | .

Who proves the circumstances of the occurrence of defects?

The burden of proof lies with the consumer; he must prove that the defects of the toy arose before it was transferred 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 undisputed refund

Step 1 | negotiations with the seller (authorized person)

The first step is to contact the store where you purchased the toy or any other official representative with an explanation of the reason for the defect and an offer for a refund.

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

Step 2 | Filing a claim (application) for cancellation of the purchase and sale agreement and return of the paid amount

Step 3 | Returning a low-quality toy

If you refuse to fulfill the toy purchase and sale agreement, the seller (authorized person) has the right to demand that you return the faulty toy.

The costs of returning the toy are borne by the seller (authorized person) | .

Step 4 | Getting money for a low-quality toy

When receiving money, please consider the following:

  • The refund period is 10 days from the date of submission of the claim | ;
  • when returning the amount paid to the buyer, the seller (authorized person) does not have the right to withhold from it the amount by which the value of the goods has decreased due to full or partial use of the goods, loss of marketability 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 through a consumer credit (loan), the seller is obliged to return the amount of money paid 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 store does not agree to an undisputed refund

Step 1 | Filing a claim (application) for cancellation of the purchase and sale agreement and return of the paid amount

Free consultation with a lawyer on returning goods!

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If the seller (authorized person) does not agree to return the money, you must write and submit a claim to the seller (authorized person). The claim must be drawn up in a legally competent manner.

Step 2 | Checking the quality of the toy

seller (authorized person) has the right 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 period for quality control is 10 days from the date of submission 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 checking the quality of the toy.

If the seller (authorized person) does not want to carry out a quality check, you should proceed to Step 3.

Step 3 | Toy examination

If the seller (authorized person) believes that the consumer is the cause of the toy’s defects, the consumer is obliged to conduct an examination of the toy in order to establish that the toy’s defects arose before its transfer 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) does not satisfy your demands pre-trial, you must go to court. Going to court requires legal qualifications, so to conduct a case in court, we recommend turning to professionals.

Step 5 | Enforcement of a court decision

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

  • contact federal service bailiffs Russian Federation, which is entrusted with the functions of enforcement of judicial acts;
  • send the writ of execution to the bank in which the seller (authorized person) has an account.

Step 6 | Returning a low-quality toy

If you refuse to fulfill the toy purchase and sale agreement, the seller (authorized person) has the right to demand that you return the faulty toy.

The costs of returning the toy are borne by the seller (authorized person) | .

Step 7 | Receiving the money

Free consultation with a lawyer on returning goods!

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

  • The refund period is 10 days from the date of submission of the claim | ;
  • when returning the amount paid to the buyer, the seller (authorized person) does not have the right to withhold from it the amount by which the value of the goods has decreased due to full or partial use of the goods, loss of marketability 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 through a consumer credit (loan), the seller is obliged to return the amount of money paid 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 a toy in court:

  • the amount of recovery is established in a court decision;
  • the period and procedure for return are regulated by the legislation on enforcement proceedings.

Returning a toy after 2 years from the date of purchase

You can return a toy after 2 years from the date of purchase if the following conditions are met.

Period during which you can return the product

Deadline for returning the toy in the case under consideration | :

  • during the service life established for the toy;
  • within 10 years from the date of transfer of the goods – If the service life is not established.

Refund period

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

Who can make a claim?

A refund request can be made:

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

Documents you need to have with you when making a claim

  • general passport ();
  • toy purchase and sale agreement (if any);
  • sales or cash receipt, non-cash payment receipt, other document certifying the fact and terms of purchase.

Important!

You can return it 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 basis for refusing to satisfy the request for a refund (you can return it without a receipt) | .

Who proves the circumstances of the occurrence of defects?

The burden of proof lies with the consumer; he must prove that the defects of the toy arose before its transfer to the consumer or for reasons that arose before that moment | .

Algorithm of actions in the case when an authorized person agrees to a refund

Step 1 |negotiations with an authorized person

The first step is to contact an authorized person with an explanation of the reason for the defect and a proposal to repair the product.

Not very often, but it happens that an authorized person agrees to return the money even after a request for repairs.

Step 2 | Filing a claim (application) to an authorized person to eliminate the defects of the toy free of charge

Free consultation with a lawyer on returning goods!

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After the occurrence of the circumstances specified in Step 2, you must write and submit to the seller (authorized person) a claim for the return of the amount paid. The claim must be drawn up in a legally competent manner.

Step 4 | Returning a low-quality toy

When filing a claim for a refund of the amount of money paid, you are required to return the toy.

Step 5 | Getting money for a low-quality toy

When receiving money, please consider the following:

  • The refund period is 10 days from the date of submission of the claim | ;
  • when returning the amount paid to the buyer, the seller (authorized person) does not have the right to withhold from it the amount by which the value of the goods has decreased due to full or partial use of the goods, loss of marketability 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 through a consumer credit (loan), the seller is obliged to return the amount of money paid 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 case an authorized person does not agree to a refund

Step 1 | Filing a claim (application) to an authorized person to eliminate the defects of the toy free of charge

Step 2 | Toy examination

If the authorized person believes that the consumer is the cause of the defects in the toy, 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 | Filing a claim (application) for the return of the paid amount

Step 4 | Going to court

Munasipova Nina Viktorovna(05.10.2014 at 22:36:20)

Hello.

A children's toy is not a technically complex product; therefore, you can return it during the entire warranty period established for this product, in accordance with Article 18 of the Federal Law "On the 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 cannot be a 14-day guarantee). The absence of a receipt and packaging cannot be a reason for refusal or return of money paid for it.

Send a written complaint to the store indicating your requirements (exchange for a similar product of proper quality or return the money). Your copy must be marked as acceptance; if they refuse to accept, send your claim by registered mail with acknowledgment of receipt. Also indicate that if your demands are not met within 10 days, you will file a claim in court, and in addition you will ask, and the organization will pay a fine of 50% of the amount satisfied by the court (Article 13, paragraph 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 examination at any service center. If, based on the results of the examination, it is determined that the buyer is the culprit of the breakdown, you will have to reimburse the seller for the expenses incurred by him.

Federal Law "On the Protection of Consumer Rights" dated 02/07/1992 No. 2300-1 (as amended on 05/05/2014)

Article 18. Consumer rights when defects are discovered in a product

1. If defects are discovered in a product, if they were not specified by the seller, the consumer has the right, at his own discretion, to:

  • demand replacement with a product of the same brand (same model and (or) article);
  • demand replacement with the same product of another brand (model, article) with a corresponding recalculation of the purchase price;
  • demand a proportionate reduction in the purchase price;
  • demand immediate free elimination of defects in the goods or reimbursement of costs for their correction by the consumer or a third party;
  • refuse to fulfill the purchase and sale agreement and demand a refund of the amount paid for the goods. At the request of the seller and at his expense, the consumer must with defects.

In this case, the consumer also has the right to demand full compensation for losses caused to him as a result of the sale of goods of inadequate quality. Losses are compensated within the time limits established by this Law to satisfy the relevant consumer requirements.

5. The consumer’s absence of a cash or sales receipt or other document certifying the fact and conditions of purchase of the goods is not a basis for refusal to satisfy his requirements.

The seller (manufacturer), authorized organization or authorized individual entrepreneur, importer are obliged to accept goods of inadequate quality from the consumer and, if necessary, carry out a quality check of the goods. The consumer has the right to participate in checking the quality of the product.

In the event of a dispute about the reasons for the occurrence of defects in the goods, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, or the importer are obliged to conduct an examination of the goods at their own expense. The examination of goods is carried out within the time limits established by Articles 20, 21 and 22 of this Law to satisfy the relevant consumer requirements. The consumer has the right to be present during the examination of the goods and, in case of disagreement with its results, to challenge the conclusion of such examination in court.

If, as a result of the examination of a product, it is established that its defects arose due to circumstances for which the seller (manufacturer) is not responsible, the consumer is obliged to reimburse the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer for the costs of conducting the examination, as well as those associated with its implementation. costs of storing and transporting goods.

Article 19. Time limits for submitting claims by the consumer regarding product defects

1. The consumer has the right to present requirements provided for in Article 18 of this Law to the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) regarding defects in the goods if they are discovered during the warranty period or expiration date.

In relation to goods for which warranty periods or expiration dates are not established, the consumer has the right to present the specified requirements if defects in the goods are discovered within a reasonable time, but within two years from the date of their transfer to the consumer, if more long terms not established by law or agreement.

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. There is no state duty.
3.Yes, the product is technically complex and in good working order and cannot be returned.
4.BUT, the product is not working properly.
You should push to discover hidden defects of the product, namely

Upon arrival home, the products were tested at home, where, when attempting to conduct a tank battle, the products no longer met the declared characteristics. The infrared beam, which should propagate directly through space, hit the enemy tank even when the gun was not aimed at it. The failed battle was recorded on video.
Semyon

Which is a significant drawback.
5.

1) Mechanical damage to the tank (Is this mechanical damage? Naturally, there was no mechanical impact on the gun, there is no external damage).
This must be proven to the seller. That is, you say, no, this is not so. I didn't break anything. Because you are a consumer. You don't have to prove this point.
The burden of proving that you yourself damaged the goods lies with the seller.
He can carry out an examination, and at his own expense. Requirement of the law.
If he does not carry out an examination, it means that he has not proven anything. And he practically accepted your demands.
Links to the law. Law of the Russian Federation dated 02/07/1992 N 2300-1 (as amended on 07/13/2015) “On the protection of consumer rights”
Article 18. Consumer rights when defects are discovered in a product
1. If defects are discovered in a product, if they were not specified by the seller, the consumer has the right, at his own discretion, to:
demand replacement with a product of the same brand (same model and (or) article);
demand replacement with the same product of another brand (model, article) with a corresponding recalculation of the purchase price;
demand a proportionate reduction in the purchase price;
demand immediate free elimination of defects in the goods or reimbursement of costs for their correction by the consumer or a third party;
refuse to fulfill the purchase and sale agreement and demand a refund of the amount paid for the goods. At the request of the seller and at his expense, the consumer must return the defective product.

In this case, the consumer also has the right to demand full compensation for losses caused to him as a result of the sale of goods of inadequate quality. Losses are compensated within the time limits established by this Law to satisfy the relevant consumer requirements.
In relation to a technically complex product, if defects are discovered in it, the consumer has the right to refuse to fulfill the purchase and sale agreement and demand a refund of the amount paid for such a product or make a demand for its replacement with a product of the same brand (model, article) or with a different product. brand (model, article) with a corresponding recalculation of the purchase price within fifteen days from the date of transfer of such goods to the consumer. After this period, these requirements must be satisfied in one of the following cases:
detection of a significant defect in the product;
violation of the deadlines established by this Law for eliminating product defects;
the impossibility of using the product during each year of the warranty period in total for more than thirty days due to repeated elimination of its various deficiencies.

The list of technically complex goods is approved by the Government of the Russian Federation.
5. The consumer’s absence of a cash or sales receipt or other document certifying the fact and conditions of purchase of the goods is not a basis for refusal to satisfy his requirements.
The seller (manufacturer), authorized organization or authorized individual entrepreneur, importer are obliged to accept goods of inadequate quality from the consumer and, if necessary, carry out a quality check of the goods. The consumer has the right to participate in checking the quality of the product.
In the event of a dispute about the reasons for the occurrence of defects in the goods, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, or the importer are obliged to conduct an examination of the goods at their own expense. The examination of goods is carried out within the time limits established by Articles 20, 21 and 22 of this Law to satisfy the relevant consumer requirements. The consumer has the right to be present during the examination of the goods and, in case of disagreement with its results, to challenge the conclusion of such examination in court.
If, as a result of the examination of a product, it is established that its defects arose due to circumstances for which the seller (manufacturer) is not responsible, the consumer is obliged to reimburse the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer for the costs of conducting the examination, as well as those associated with its implementation. costs of storing and transporting goods.



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