When purchasing consumer goods, the buyer often forgets the immutable rule - always pick up the receipt for the purchase. After all, the seller's comment in the event of a return of a low-quality product is predictable - "no receipt, no response." In reality, the law on consumer protection (ZoZPP) directly indicates the impossibility of evading the seller from liability on the basis of the absence of a check. In this case, you can return money for a low-quality product by establishing the fact of its purchase in court.
Instructions
Step 1
In accordance with paragraph 1 of article 18 of the ZoZPP, the buyer, upon detection of defects, has the right to return the defective product to the seller and demand that the money paid for it be returned in full. In the absence of a check or other payment document for the goods in your hands, voluntary fulfillment of such requirements, most likely, will not happen. Make a claim to the seller to comply with the pre-trial procedure for resolving this issue.
Step 2
In the claim, indicate the full name of the selling organization, its address and your passport data. Describe the situation in free form starting from the moment of purchasing the product. Describe how and when you discovered the flaw in the product and provide a detailed description of the flaw itself. Explain separately in the claim that you do not have a receipt for the purchased goods (loss or damage to the document). At the same time, give the rule of law, namely, paragraph 5 of Article 18 of the RF ZOZPP, according to which the absence of a check is not a reason for refusing to satisfy your requirements. In the operative part of the claim, indicate your demand for a full refund of the defective product.
Step 3
Send this claim to the seller by registered mail with notification. From the moment of delivery of the letter, within 10 days, your requirements must be satisfied. However, as a rule, in the absence of a check, the seller is in no hurry to comply with legal requirements and brings the case to court.
Step 4
Make a statement of claim to the magistrate's court of your area, indicate the seller as a defendant and state the essence of the case and your requirements, similar to those described above. Attach a copy of the claim filed to the seller with your claim.
Step 5
As confirmation of the fact that you purchased the declared low-quality goods from this seller, you will have to provide other evidence in place of the missing payment document (check). As evidence, the court accepts, among other things, the testimony of witnesses to your purchase.
Step 6
Ask the court to hear witnesses on your side. Two witnesses confirming your purchase from the seller of the specified product is usually sufficient to establish the fact of purchase. And the court has the right to make a decision to return you a sum of money in the amount of the full value of the goods.
