Which auto parts and accessories can be returned to the store? Return of spare parts ordered via the Internet Who proves the circumstances of the occurrence of defects

In the modern world it is difficult to find a person who does not use a car. Each owner of this vehicle at least once a year carries out its maintenance, which includes the direct replacement of some parts.

Not every owner can afford full service and buys parts in private stores. Which, in turn, is becoming more and more due to growing demand.

Unfortunately, not every seller of these auto parts behaves decently towards their customers.

Often, having sold him a spare part of low quality or not suitable for the car model, the seller refuses to accept it back, probably counting either on the buyer’s legal illiteracy or on the latter’s reluctance to go to court because the purchase amount is not too significant.

These relations between the seller and the buyer are regulated by the Law “On the Protection of Consumer Rights”, which defines auto parts as a non-food product and allows its replacement with another or a refund for it.

So, car spare parts can be returned in the following cases:

• if they do not suit the buyer in size, shape, dimensions, color, and so on;
• if less than 14 days have passed since the purchase of automobile spare parts (the day of purchase is not included here).

The seller may extend the fourteen-day period for returning and exchanging a car spare part, but he does not have the right to make this period of time shorter. This action is also provided for by the current legislation “On the Protection of Consumer Rights”.

Failure to provide the buyer with complete information about the product

If the seller hid or did not completely provide any information about the part, and he is obliged to provide the data exclusively in Russian, the buyer, in turn, can either not purchase the product or return it back with a full refund of all expenses spent on it. funds, in case of purchase.

From the above, it follows that if the buyer purchased a car part, but there is no information about it and its characteristics in Russian, or for this reason it does not fit the car that the buyer owns, then the latter has the legal right to return such a car part back to the seller and receive back your money.

What auto parts cannot be returned?

It is not possible to return only “numbered units” to the seller, for example an engine, but only on the condition that it is of proper quality.

The store must accept back all spare parts that do not meet quality standards, as the Law “On Protection of Consumer Rights” says.

How can I return a purchased auto part if its quality is as stated?

Russian legislation in Art. 25 of the Law “On the Protection of Consumer Rights” clearly states that the buyer has the opportunity to return a product of poor quality back to the seller within 14 days from the date of purchase, if this product does not suit him in terms of color, size, or other parameters.

In the complaint, the seller must indicate this fact, that is, describe that the car spare part is not suitable, for example, in terms of dimensions.

If the buyer indicates that he simply did not like the spare part as the reason for the return, the seller will refuse this citizen, and this response will be in accordance with the law.

And also if the time interval between the purchase and return of the goods is more than 14 days, then in this case the store can also quite legally not accept this product back.

Among other things, the buyer should know that the product can be returned only if it has not been used, that is, all labels, seals, etc. must be in place, and the product itself must be in salable condition. Otherwise, the seller may also refuse a refund.

Also, after making a purchase, you should keep the receipt issued to you as confirmation that the product was purchased from a specific seller. If you lose a receipt, you can use testimony, but convincing the seller may not be easy, therefore, when making any purchase, always try to save the receipts.

When returning a part that is not suitable for the car, the seller can offer the buyer another one of the required size or configuration. If it is not available at the time of the buyer’s request, the seller must return the money.

Refunds by the seller for defective goods must be made within 3 days. When making a return, you should draw up a document about this and seal it with the signatures of the buyer and seller (this document must be kept until the seller pays the amount of money for the returned part). If the seller refuses to sign this paper, you can provide visas for two witnesses.

How can a buyer return a defective auto part back to the store?

The return of products of inadequate quality is regulated by Article 18 of the current legislation protecting the rights of buyers.

In accordance with it, the buyer, having purchased a low-quality part, has the right:

• demand repair of a car part without depositing funds;
• refund of money spent on repairs yourself or by third parties;
• exchanging a low-quality automobile spare part for a similar one or another manufacturer with a revision of its cost;
• refund of the amount paid for a defective car part.

Terms for returning auto parts of inadequate quality

In this case, the legislation reads as follows:

• If the manufacturer has established a warranty for a car spare part, the seller cannot refuse to accept the goods within a given period of time. Therefore, if you find any shortcomings in the purchased product, read the service documentation and product packaging in detail;
• if a warranty for a car spare part is not provided by either the manufacturer or the store, then guided by clause 1 of Art. 19 of the current legislation on consumer rights, the buyer can make claims to the seller within 2 years from the date of purchase of the product.

If the warranty period for the purchased product has expired, the buyer should conduct an examination of the automobile spare part exclusively at his own expense by contacting an independent expert or service service.

The expert's conclusion about a factory defect in the product will be evidence for the seller. This conclusion should be attached to the completed claim. If the seller refuses to return the amount paid now, then you should then go to court.

The statement of claim should also be accompanied by an expert opinion and a receipt for the implementation of this procedure. The store will not only refund you the entire amount for a low-quality car part, but will also cover the cost of the examination.

The above Sales Rules do not deprive the consumer of the rights given to him by Article 25 of the Law on the Protection of Consumer Rights (hereinafter: the Law), according to paragraph 1 of which “the consumer has the right exchange non-food product of proper quality for a similar product from the seller from whom this product was purchased, if the specified product did not fit in shape, dimensions, style, color, size or configuration.

The consumer has the right to exchange non-food products of proper quality within fourteen days, not counting the day of purchase.

An exchange of a non-food product of proper quality is carried out if the specified product has not been used, its presentation, consumer properties, seals, factory labels are preserved, and there is also a sales receipt or cash receipt or other document confirming payment for the specified product. The consumer’s absence of a sales receipt or cash receipt or other document confirming payment for the goods does not deprive him of the opportunity to refer to witness testimony.

The list of goods that are not subject to exchange on the grounds specified in this article is approved by the Government of the Russian Federation.” There is no such product in the List, which means the consumer has the right to demand an exchange.

According to paragraph 2 of the same article " in case a similar product absent on sale on the day the consumer contacts the seller, the consumer has the right to refuse to execute the sales contract and demand return amount of money paid for the specified product. The consumer's request for a refund of the amount of money paid for the specified product must be satisfied within three days from the date of return of the specified product.

By agreement between the consumer and the seller, an exchange of goods may be provided when a similar product goes on sale. The seller is obliged to immediately notify the consumer about the availability of a similar product for sale."

Translated into Russian, if certain shortcomings were agreed upon with the consumer, and the return is made not in accordance with paragraph 1 of Article 18 of the Law with the presentation of a refund for goods of inadequate quality and for the defect specified by the seller, but in accordance with Article 25 of the Law , then, to the extent not specified by the seller, the product is considered to be of good quality and the consumer, when presenting a primary demand, has the right to demand only an exchange for another similar product that is suitable in size, and only in case of its absence, demand a refund. In your case, the consumer immediately submitted a demand for a refund, which the Law does not provide for. The prospects for a claim for the buyer in the event of failure to present a preliminary demand for the exchange of goods are obvious (not in his favor).

But to keep the client, meet him halfway. It is quite possible that he will bring two or three more if they treat him appropriately. Your business will only benefit from this, and you will still sell this spare part to someone else.

P.S. Don't forget to rate the answer and choose the best. Thank you in advance.

Good afternoon. I was interested in your answer “The above Sales Rules do not deprive the consumer of the rights given to him by Article 25 of the Law on the Protection of Rights...” to the question http://www.. Can I discuss this answer with you?

Discuss with an expert

The legislation in force in the Russian Federation determines that auto parts belong to the category of goods that can be exchanged or returned back to the store.

At the same time, it should be noted that the buyer has the right to refuse even those auto parts that meet quality standards, and not just low-quality products.

How can I legally return auto parts back to the store?

According to the standards in force in the Russian Federation and presented in the Federal Law “On the Protection of Consumer Rights”, automobile spare parts belong to the category of goods that can be exchanged or returned on the following grounds:

• if the spare parts do not suit the buyer in size, dimensions, characteristics, shape, configuration;
• if less than fourteen days have passed since the purchase of auto parts, and the countdown starts from the day following the next one from the purchase. The auto parts store has the right to independently specify the time frame for returning quality parts, but they cannot be less than fourteen days;
• if the spare parts are found to be defective or defective. Here, the period for filing a return application increases and is equal to the warranty period of the part.

The buyer has several options for exchanging or returning goods:

• the buyer has the right to exchange the unsatisfactory part for a similar auto part with the required parameters;
• if there are no auto parts of similar price and characteristics in the warehouse, then the buyer can agree with the seller to wait for the parts he needs to arrive at the warehouse with a subsequent exchange;
• the seller can recommend to the buyer similar spare parts of other brands and at a different price with the cost recalculated up or down, and the buyer has the right to agree or refuse this offer;
• If the buyer does not agree to exchange the goods, he can demand that the seller return the money spent on the parts in full.

The buyer must remember that goods of good quality that he returns to the store must be in salable condition and not in use. At the same time, as for auto parts, the buyer has the right to open the packaging and “try on” the part on his car, this will not be considered exploitation, but at the same time he must keep the packaging and bring it along with the product to the store if it does not fit.

The seller will accept such a part, even if the integrity of the packaging is damaged. In addition, it must be remembered that in order to return car parts, the buyer must have a document confirming the purchase, for example, a cash receipt or witness statements.

The same rules apply to the return of auto parts of inadequate quality, the only thing here is that it is necessary to carry out several additional procedures, namely:

• The buyer must fill out an application for the return of defective goods, indicating all the defects that were identified by him.
• the seller conducts an examination, which confirms the fact of a factory breakdown or the buyer’s fault.
• The buyer has the right to independently submit the part for an independent examination. If, as a result of the examination, it turns out that the breakdown is a consequence of a manufacturing defect, the seller is obliged to compensate in full the costs incurred by the buyer to pay for the examination.
• If the examination confirms the presence of a manufacturing defect or defect, the buyer can count on a return or exchange of the goods.

In what cases can a car part not be returned to the point of sale?

According to the current legislation of the Russian Federation, the buyer has the right to return any automobile parts to the store with the exception of “numbered” parts, for example, an engine.

How can I get money for a purchased auto part that was later returned for personal reasons (it didn’t fit)?

If the buyer decides to return an unsuitable or defective part for the car, and the seller refuses to accept it from him and return the money or make an exchange, then the buyer can send a written claim to the store or immediate supervisor.

Moreover, he can bring it personally to the store and demand that confirmation of acceptance of the claim be placed on a second copy, and he can also send the claim by registered mail with notification.

If after thirty days the store does not respond to the buyer’s complaint, the latter may file a claim with the consumer rights protection society. If a positive result is not achieved even after contacting the consumer protection society, then the buyer must go to court.

Let’s say, after purchasing spare parts, I decided that the “back” of the car is already in order and I won’t change anything in the chassis for now, but will only update the “front” in order to eliminate the annoying crunching noise when driving over bumps and irregularities. Thus, I didn’t need the rear stabilizer bushings at the moment, but I spent my money on them and, since I didn’t need the rear stabilizer bushings, I naturally wanted to return the auto parts to the store “as unnecessary” and get it back from the seller is my money. So, what do you think - are auto parts returnable? To answer this question, you should carefully read the contents of Art. 502 of the Civil Code of the Russian Federation 1.

If a consumer discovers defects in a product and submits a demand for its replacement, the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) is obliged to replace such product within seven days from the date of presentation of the specified demand by the consumer, and if necessary, additional verification of the quality of such product by the seller ( manufacturer, authorized organization or authorized individual entrepreneur, importer) - within twenty days from the date of presentation of the specified requirement.

Attention

If the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) at the time of presentation of the demand does not have the goods necessary for replacement, the replacement must be carried out within a month from the date of presentation of such demand.

How to legally return a car part to a store?

It must indicate the buyer's surname and initials, the brand and model of the part, the basis on which the return or exchange is being made, and the main claim (money back or replacement of the spare part).

READ ALSO: How to get car insurance Return periods The buyer can contact the store within 14 days with an application for an exchange or return of the goods.

Is it possible to return a spare part to the auto shop?

Under what conditions is it possible to return auto parts? What documents must be presented to the seller? What else can I request to do with the parts besides return? Read in the article.

• Consumer rights under the Law
• What auto parts cannot be returned?
• If the seller refuses to return money or make an exchange

Consumer rights under the Law The Consumer Rights Protection Law states that auto parts are classified as non-food products, the return/exchange of which is possible, even if they are of proper quality, under the following circumstances:

• If, when returning auto parts, they do not suit the buyer in terms of size, shape, style, dimensions, color or configuration;
• If no more than fourteen days have passed since the purchase of auto parts (not counting the day of purchase.

The rules for returning goods purchased remotely are exactly the same as for purchases in offline stores, but there are some nuances here:

• Be prepared that shipping costs will not be refunded.
• be prepared that the money will not be returned if the store has a similar product for which you can exchange spare parts that do not suit you
• be prepared that you will have to bring the goods to an offline store location (if there is one in your city) and arrange a meeting with the courier
• The return period for goods is shorter than when purchasing in a store - only 7 days if you want to return the goods not under warranty (defective goods).

You can refuse the product at any time until you pay for it and you will be given a receipt (before the actual purchase is made).

Are auto parts returnable?

Here, for example, is what is indicated on the website of one well-known auto parts store. The auto part was scratched, the label was torn off... you no longer have the right to exchange it... What the hell? What nonsense? How can I determine that this or that auto part (for example, non-original, but supposedly suitable for my car) really fits my car? Absolutely right - I will open the original packaging (box or bag), tear off the label so as not to interfere, and after that I will try the part on the car, try to install it on my own or with the help of car service specialists.

And only then will I make a conclusion about whether the auto part is right for me.

Purchase and return of auto parts: consumer protection

• When purchasing a defective product, the store must replace it within 7 days from the date of submission of the request for replacement.
• If the seller is forced to check the condition and functionality of the replaced product - within 20 days.
• For the time required to order and deliver the required part, if the buyer needs this part for operation, the seller is obliged to provide, within three days, free of charge a spare part with similar performance properties for short-term use.
• The exchange of the product occurs immediately if the seller has in stock a similar one that meets the buyer’s requirements.

  What auto parts are not exchanged or returned? The List of goods that are not subject to exchange or return under item No. 10 indicates the numbered units for vehicles. In this context, the engine is a numbered unit.

Return of spare parts

• the buyer has the right to exchange the unsatisfactory part for a similar auto part with the required parameters;
• if there are no auto parts of similar price and characteristics in the warehouse, then the buyer can agree with the seller to wait for the parts he needs to arrive at the warehouse with a subsequent exchange;
• the seller can recommend to the buyer similar spare parts of other brands and at a different price with the cost recalculated up or down, and the buyer has the right to agree or refuse this offer;
• If the buyer does not agree to exchange the goods, he can demand that the seller return the money spent on the parts in full.

The buyer must remember that goods of good quality that he returns to the store must be in salable condition and not in use.

Chapter 2. We go to the auto parts store. your rights as a consumer

The same rules apply to the return of auto parts of inadequate quality, the only thing here is that it is necessary to carry out several additional procedures, namely:

• The buyer must fill out an application for the return of defective goods, indicating all the defects that were identified by him.
• the seller conducts an examination, which confirms the fact of a factory breakdown or the buyer’s fault.
• The buyer has the right to independently submit the part for an independent examination.

Zubkov Sergey Vasilievich (11.01.2014 at 10:55:31)

Dear Anonymous. Yes, you have the right. But before going to court, write a complaint to the seller with a proposal to accept the wing or exchange it with reference to the following article of the Russian Law “On the Protection of Consumer Rights”.

Rules for returning auto parts of inadequate quality

Don’t talk about the lack of the purchased product (wing). Judging by your question, you have no complaints about the quality. The wing didn't fit. It is from a car of a different design. If the seller refuses to fulfill your request, feel free to go to court. In the statement of claim, indicate your demand for compensation for moral damage in the amount of approximately 20,000 rubles. Also indicate in the claim the possibility of collecting compensation for moral damage (and you will recover it in the amount determined by the court). This is an additional cost for the seller. I don't think he needs them. Just keep this in mind. You have 14 days at your disposal. At the same time, you can contact Rospotrebnadzor. This will not be superfluous; on the contrary, it will help. If the seller is prudent, he will not take the matter to court and you will settle amicably, which will be much faster. Article 25. The right of the consumer to exchange goods of proper quality 1. The consumer has the right to exchange a non-food product of proper quality for a similar product from the seller from whom this product was purchased, if the specified product is not suitable in shape, dimensions, style, color, size or configuration. The consumer has the right to exchange non-food products of proper quality within fourteen days, not counting the day of purchase. An exchange of a non-food product of proper quality is carried out if the specified product has not been used, its presentation, consumer properties, seals, factory labels are preserved, and there is also a sales receipt or cash receipt or other document confirming payment for the specified product. The consumer’s absence of a sales receipt or cash receipt or other document confirming payment for the goods does not deprive him of the opportunity to refer to witness testimony. The list of goods that are not subject to exchange on the grounds specified in this article is approved by the Government of the Russian Federation. 2. If a similar product is not available for sale on the day the consumer contacts the seller, the consumer has the right to refuse to execute the sales contract and demand a refund of the amount of money paid for the specified product. The consumer's request for a refund of the amount of money paid for the specified product must be satisfied within three days from the date of return of the specified product. By agreement between the consumer and the seller, an exchange of goods may be provided when a similar product goes on sale. The seller is obliged to immediately notify the consumer about the availability of a similar product for sale. Good luck.

Sergey. My answer is your feedback.

Conditions for returning used spare parts when purchased at a disassembly site.

Auto disassembly razbor-auto.com returns purchased spare parts if certain conditions are met.

Return of auto parts according to the law

Please read the terms and conditions for returning parts.

Return of used spare parts (units, assemblies) is possible only due to their malfunction (warranty case); used spare parts cannot be returned due to “not needed” or any other reason.

In the event of a warranty case, the return of a used auto part (unit, assembly) must be made within the warranty period. If a warranty event occurs on the last day of the warranty period, the buyer must immediately notify the seller about this and return the part within 3 (three) days from the moment the defect was discovered. In case of sending auto parts (assemblies, assemblies) to other cities, the auto part (assembly, assembly) must be handed over to the transport company within the specified period for sending to the seller.

Warranty conditions apply only to auto parts (units, assemblies) installed in certified S.T.O. (Technical Service Station).

If a defect/defect/malfunction is discovered, the buyer must immediately notify the seller.

Auto parts (components, assemblies) are subject to return and exchange under warranty if there is a sales receipt, work order for the relevant work, a malfunction discovery report, as well as a copy of the S.T.O certificate for carrying out this type of work.

Warranty obligations are valid when the auto part (unit, unit) is used in accordance with the standards and recommendations of the manufacturer.

Warranty obligations do not apply to parts that have signs of tampering or with broken sealing marks.

The warranty period for used auto parts (warranty period) is 7 (seven) days from the date of sale, unless otherwise agreed in advance and indicated in the delivery note.

In the case of sending auto parts to other cities, the warranty period is calculated from the date of receipt of the cargo by the transport company, provided that the cargo is picked up during the period of free storage. Otherwise, the warranty period is calculated from the end date of the free storage period.

In case of return or exchange of a used auto part (assembly, unit) under warranty, the costs incurred by the buyer during purchase, transportation, installation and other expenses are not compensated by the seller.

Unneeded used auto parts with mutual consent of the buyer and seller:

The buyer can leave it for sale. In this case, the seller's commission is 25% of the sale price of the part.

— The seller can accept it back and return the money to the buyer with a deduction of 30% of the sale price.

— If the buyer purchased several items of goods and received a general discount, then when returning at least one item of goods, the discount is reset to zero.

Return of auto parts according to the law

The situation is as follows, there is a bearing GTZ purchased today in the auto world. The spare part was not needed. Is it possible to return it (there is a receipt and packaging).

I witnessed how men in the auto world changed the jack for another model, they were not sent anywhere. But this is an exchange.

the goods can be returned within a certain period of time

26.12.2009, 22:14

The timing belt was returned to Autoworld - no problem

27.12.2009, 0:55

JACKAL, politely ask the store administrator to return the money; the packaging and receipt should not be refused. Well, article 25 of the law on STDs will help you.

It’s one thing when it doesn’t fit, another when you don’t need it, try to lie that the old owner has put everything together and doesn’t fit
in a similar situation, Aftamir’s manager said either to change it for the same amount, coming to meet me (just Mother Teresa ***) or they get into a pose and nothing will work out for me, don’t change it, don’t return it

27.12.2009, 18:02

Quote(Taurus @ 12/27/2009, 4:37)

drive/swear

so no need to swear. approach in a good way and all people will meet you halfway….

In general, I exchanged it with an additional payment for another product. They said this: “They can change it for the same amount or for a larger one, less - no, no!” As I understand it, the company has no desire to return the money, but in this particular case this was not required.

bg)) lying, what's the point? you just come and say, I didn’t need to return it)))) they took back the exhaust manifold gasket from Misha)

30.12.2009, 10:00

a year ago I bought a fuel line at Autoworld in Pskov! It turned out that it was not needed))))) I lost the receipt))) I came to return it to the store, the administrator rudely refused, citing his own made-up laws)) I went to the store director, He explained everything, he politely and with a smile returned the money! In general, within 14 days you are required to return the money for the goods if the packaging is not damaged, and even if there is no receipt, but there are witnesses to your purchase! Get into a pose, say that you will complain to the company about consumer protection!

No one likes to return money, but the auto world is most famous for this. I returned the pieces of iron and Misha to Samara. There was no need to call anyone.

I try not to buy anything in the auto world.

Personally, I handed over the steering rods I bought from them to Automir, because... I bought the wrong ones. We returned the money without any problems. You just had to write an application and have a passport.

1 passport + check and no problems

Infantile Elephant

20.1.2010, 15:57

Quote (Infantile Elephant @ 8.1.2010, 10:22)

At Autoworld, at the bathhouse, they refused to take back spare parts that I didn’t need. I had to exchange for others at an additional cost.

They also refused me there, I had to come again with a statement containing:
"... In case of refusal to voluntarily satisfy this application, a statement of claim will be filed with the court demanding compensation for the above amount, penalty interest, damages caused, interest for the use of other people's money under Article 395 of the Civil Code of the Russian Federation, moral damages, you will also be subject to imposed the obligation to reimburse court costs, pay the state fee and 50% of the amount awarded to me as a fine for refusing to voluntarily satisfy the requirement in accordance with Article 13 of the Law on Legal Protection. I also reserve the right to cover this case in the media and inform about the possibility of attracting administrative liability under Article 14.8 of the Code of Administrative Offenses."

After that the money was returned. In general, we need to be more persistent; a friend of mine from another city said that all our problems with service are only due to the fact that Novgorod residents themselves do not defend their rights.

1. The consumer has the right to exchange a non-food product of proper quality for a similar product from the seller from whom this product was purchased, if the specified product is not suitable in shape, dimensions, style, color, size or configuration.
(as amended by Federal Law No. 212-FZ of December 17, 1999) The consumer has the right to exchange non-food products of proper quality within fourteen days, not counting the day of its purchase.
An exchange of a non-food product of proper quality is carried out if the specified product has not been used, its presentation, consumer properties, seals, factory labels are preserved, and there is also a sales receipt or cash receipt or other document confirming payment for the specified product. The consumer’s absence of a sales receipt or cash receipt or other document confirming payment for the goods does not deprive him of the opportunity to refer to witness testimony.
(as amended by Federal Law No. 171-FZ of December 21, 2004) The list of goods that are not subject to exchange on the grounds specified in this article is approved by the Government of the Russian Federation.
2. If a similar product is not available for sale on the day the consumer contacts the seller, the consumer has the right to refuse to execute the sales contract and demand a refund of the amount of money paid for the specified product.

The consumer's request for a refund of the amount of money paid for the specified product must be satisfied within three days from the date of return of the specified product.
By agreement between the consumer and the seller, an exchange of goods may be provided when a similar product goes on sale. The seller is obliged to immediately notify the consumer about the availability of a similar product for sale.
(Clause 2 as amended by Federal Law dated December 21, 2004 N 171-FZ)

Autoworld Kolmovsky is absolutely creepy! I contacted them twice, both times I was shocked. First we needed a breather pipe for the trade wind. So they told me that there is no such spare part on my car. I ordered it from Misha. This is the second time I have ordered filters for a Pajero. She said several times - you need fuel and air, oil - no need! They brought it too, didn’t bother, left it, it will come in handy next time. Another one killed. On Friday evening they called and said that everything had arrived. I make an appointment for Saturday at the service station, and come on Saturday morning to pick up the filters....they were only unloaded at 11 o’clock. Don't set foot there again. better to Misha or vector

Quote (tashuta @ 8.1.2010, 13:27)

I ordered from Misha.

Does “Misha” transport spare parts to foreign countries on order? They said on the phone that they wouldn’t deliver)

To view the full version of this page, please follow the link.

5/5 (1)

What is enshrined in law

The Consumer Protection Law makes it possible to return low-quality products back to the seller. However, not everyone knows that the law also applies to car spare parts.

The seller is obliged to provide the buyer with a quality product that meets the characteristics reflected in the instructions. The product description is provided in the seller's language. In our case - in Russian. If the seller cannot present an overview of the product in an accessible form, the buyer has the right to refuse to enter into a sales contract.

The rule is regulated by the Law of the Russian Federation N2300-1 “On the Protection of Consumer Rights” of February 7, 1992.

Attention! Article 25 of the Law “On Protection of Consumer Rights” states that the buyer has the right to refuse the purchase in several cases:

• if the goods are provided with some violations that were discovered after the conclusion of the sales contract;
• if the previously purchased product did not satisfy the buyer in terms of its physical characteristics, for example, color, size, and so on.

In the second case, you can return the product if the following conditions are met:

• the buyer did not use the product for its intended purpose;
• the integrity of the packaging is preserved;
• sales receipts are saved;
• the product is returned complete;
• no more than two weeks have passed since the purchase was made.

The seller has the right to refuse to accept goods of proper quality if it is noticeable that they have been in use. For example, if a spare part is scratched, scuffed, or dirty, the manager may not accept it back.

Please note that Article 502 of the Civil Code of the Russian Federation also states that the buyer has the opportunity to return the product if it does not suit him in color, style, dimensions, configuration, or quality.

If spare parts were purchased with a visible manufacturing defect, then the return is regulated by Article 18 of the Law of the Russian Federation “On the Protection of Consumer Rights”.

Based on it, the consumer has the right to demand:

• eliminate existing deficiencies completely at your own expense;
• compensate the buyer for damages if he made repairs at his own expense;
• replace the product with a similar one, but of high quality;
• return the funds paid by the buyer partially or in full.

You can return a defective product during the entire warranty period. However, if one is not established, two years are given to submit claims.

Important! Termination of the purchase and sale agreement is possible only after it is proven that the goods had a manufacturing defect and were not damaged by the buyer.

Consumer rights under the law

Relations between buyer and seller are regulated by the Law “On the Protection of Consumer Rights” and the Civil Code of the Russian Federation. Based on these regulations, a rule has been established that prohibits the return of food products to the seller.

Now comes the pressing question. Is it possible to return spare parts for a car to the store? Auto parts are non-food products, so returning them is not difficult. The store does not have the right to refuse the buyer to terminate the purchase and sale agreement unilaterally.

However, there are exceptions. If the item has a license plate, it cannot be returned to the store or workshop. These include vehicle engines. Thus, the following rule follows from the law.

The buyer can return spare parts for the car if:

• the products do not suit the buyer in size, dimensions, style, color, etc.;
• the spare part turned out to be of poor quality;
• Spare parts do not meet the stated specifications.

In the first case, you can apply for a return only during the first two weeks, and in the second - during the entire warranty period.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues.

Is it possible to return a quality part?

In accordance with current Russian legislation, the buyer has the right to contact the seller of auto parts to return the goods that meet the declared characteristics and quality. Only two weeks are given to submit demands for termination of the purchase and sale agreement. In this case, the day of purchase of the goods does not count.

A purchase and sale agreement can be concluded either orally or in writing. Confirmation of the contractual relationship is the exchange of goods for money and the issuance of a cash receipt.

The buyer has the right to request the return of high-quality spare parts for a car in two cases:

• if the product does not fit in dimensions, style, size, color, etc.;
• if spare parts are presented in incomplete configuration, for example, if they are sold as a set.

Requirements must be submitted by writing an application. Conscientious sellers always accept such goods on time. If the presentation is not damaged, there should be no problems with returning the products.

Please note! The buyer has the right not to indicate the reason for the return if he terminates the purchase and sale agreement within the first two weeks after purchase.

But if the product is of high quality, and the period for submitting claims has expired, then the seller will legally refuse to accept the product.

A quality product is returned if several conditions are simultaneously met:

• the buyer did not try to use the spare part for the car for its intended purpose;
• the buyer has not violated the integrity of the product packaging;
• the buyer retained the complete set of the product (for example, car battery, instruction manual, box, wires).

Please note that you have the right to request a return without presenting a sales receipt. The main thing is to prove that you made the purchase in this store. It is enough to bring a witness or photo, video from surveillance cameras.

When returning a quality product to a store, the buyer has the right to demand in exchange:

• exchange the product for one suitable for the consumer;
• refund the money paid for the goods in full.

The return is issued by a special act. It is signed by both parties. If the seller refuses to accept goods without defects within the period established by law, you can contact the store management or Russian consumer supervision.

Return of auto parts of inadequate quality

The return of defective auto parts is regulated on the basis of Article 18 of Law N2300-1 “On the Protection of Consumer Rights” of February 7, 1992. This regulatory act makes it possible to return to the seller a product that does not meet quality requirements.

In exchange for a low-quality product, the consumer has the right to demand:

• eliminating existing deficiencies;
• compensation of expenses aimed at repairing the product;
• exchanging goods for similar or similar ones;
• partial refund;
• full refund of funds paid.

In any case, the period specified in the warranty card is given to submit claims. If this is not provided, then the service period is considered to be 2 years.

Please note that if a store refuses to accept low-quality goods, you can contact the company management or Russian consumer supervision. Sometimes such cases end up in court.

Remember! After accepting the defective product, the seller sends it for examination. Appraisers identify the cause of the breakdown. If the expert determines that the product is broken due to the fault of the buyer, then the requirements will not be met. In this case, the broken product is returned to the unscrupulous consumer. If the master reveals a manufacturing defect, then the buyer has the right to decide the future fate of the product himself. His demands are subject to immediate execution.

The examination is carried out entirely at the expense of the seller. It is allowed to recover the cost of the appraiser's work if the study is conducted after the expiration of the warranty period.

If the warranty period for a product has expired, there is no point in contacting the store. Each product has a useful life. The manufacturer is not obliged to replace the product after it has worn out.

Is it possible to return a part if it doesn't fit?

It is possible to return a high-quality spare part for a car if it does not fit.

However, there are several important nuances to consider:

• If the purchase was accompanied by a written purchase and sale agreement, be sure to read it carefully. It is possible that the seller did not take into account the possibility of returning the goods;
• The law on the protection of consumer rights allows only 14 days to return a quality product. After this period it is not possible to make a refund;
• The buyer has the right to demand replacement of the goods if the seller has chosen the wrong size or configuration. In this case, it is important to contact within the first two weeks. But if the breakdown occurred precisely because of this, then all responsibility rests with the store;
• it is impossible to hand over auto parts that are made to order according to individual specifications;
• If the seller does not explain the terms of return, then the period for termination of the purchase and sale agreement increases to 3 months.

Thus, if the purchased spare part does not fit the car, it can be legally returned to the store.

Watch the video. Consumer protection. How to properly return an item:

If you didn't need it

The buyer has every right to return a defective product during the entire warranty period. But what to do if the spare part is not needed. After all, such situations occur all the time.

It must be said right away that the consumer protection law makes it possible to return goods to the store if they are not needed. Article 502 of the Civil Code of the Russian Federation speaks about the same.

But several conditions must be met:

• the product has not been used, as evidenced by its appearance;
• the buyer has kept the packaging and accompanying documentation;
• the product is fully equipped;
• a sales receipt is available;
• The period for purchasing the goods is no more than two weeks from the date of purchase.

Attention! Having a sales receipt is not a prerequisite. The main thing is to prove that you made the purchase in this store. To do this, you can present witness statements or CCTV footage.

Please note that the seller has the right to refuse to terminate the purchase and sale agreement in the following cases:

• if the buyer has used the goods, due to which they have become unusable, or their presentation has deteriorated;
• if the return period for a quality product has expired.

In any case, try to negotiate peacefully with the seller. But if he does not accept the goods that meet the above conditions, you can file a complaint with the store management.

How to return spare parts to an online store

Distance sales are a special group of contractual relations. Their regulation is carried out on the basis of Decree of the Government of the Russian Federation N612 “On approval of the Rules for the sale of goods by remote means” dated September 27, 2007.

Often, money paid for low-quality goods is simply not returned. Sometimes something else comes instead of the purchased product. Purchasing online is like playing roulette. Whether you're lucky or not!

Of course, it all depends on how responsible the seller is and whether he values ​​his reputation. In general, you have 14 days to return any product purchased through an online store. It doesn’t matter whether the product is of high quality or not. Seven days before receiving the goods and seven days after inspecting the product.

All costs associated with the delivery of spare parts are borne by the buyer.

For example, I. I. Ivanov ordered a spare part for his car through an online store. The cost of the product was 2,000 rubles. He paid 600 rubles for delivery of the goods. In total, the auto parts cost Ivanov 2,600 rubles.

After receiving the goods, Ivanov I. discovered that the product was defective. He sent the product back to the seller, and paid 200 rubles for the parcel. After receiving the goods, the seller returned exactly 2,000 rubles to the card. Thus, 600 and 200 rubles are expenses aimed at delivery, therefore - losses of citizen Ivanov I.

Please note that when returning goods purchased through an online store, there are some nuances:

• sometimes manufacturers refuse to return funds paid, and it is very difficult to prove the purchase;
• the seller has the right to send you a similar product that meets the declared qualities instead of returning the money;
• all costs for delivery of goods are borne by the buyer;
• The return period has been reduced to 14 days, and after receiving the parcel you can use only one week.

What items cannot be returned?

The Consumer Protection Act prohibits the return of vehicle parts that are identified by a license plate to a store. For example, if the engine has a serial number, then it will not be possible to terminate the purchase and sale agreement in relation to it.

Important! Also, high-quality auto parts cannot be returned if the stated period has expired. The seller will not accept products if they show signs of use.

However, if the product was sold of inadequate quality, the seller is obliged to accept it, repair or replace it.

Return documents

In order to terminate the purchase and sale agreement for a purchased spare part for a car, you must provide a small package of documents.

It includes the following papers:

• cash register, sales receipt;
• other evidence that can confirm the purchase of goods in this store (if there is no receipt or receipt);
• expert opinions on the presence and cause of deficiencies;
• application with requirements for the return of goods.

Please note that, at the request of the seller, an examination is carried out regarding the faulty spare part for the car.

Complaint to the seller

If the seller refuses to accept spare parts for cars, he violates the provisions of the Civil Code of the Russian Federation and the Law on the Protection of Consumer Rights. If violations are detected, you must first contact the company management. For this purpose, a claim is filed.

A claim is a written document sent to the store manager. There is no unified form.

However, there is information that is required to be reflected:

• name of the store, its location;
• first name, last name, patronymic of the store manager;
• first name, last name, patronymic of the seller who sold the low-quality goods;
• first name, last name, patronymic of the dissatisfied buyer, his contact phone number;
• description of the object of the dispute;
• references to regulatory legislation (Civil Code of the Russian Federation and Law of the Russian Federation);
• requirements for the seller;
• a list of papers that are attached to the claim;
• date of document preparation and signature of the applicant.

If 14 days have not passed since the purchase of spare parts, the buyer may not state the reason for the return.

The claim is drawn up in two copies. One is provided to the seller's representative, the second remains with the buyer. The store must put a signature on the consumer's copy. It indicates acceptance of the appeal.

If a store representative refuses to accept a claim, it is sent by Russian Post by registered mail with notification.

ATTENTION! View the completed sample claim for the return of auto parts:

Claim to a judicial authority

If independent resolution of the conflict does not bring results, you can contact the Russian Consumer Supervision Authority or the court.

The court is not approached until a pre-trial settlement of the issue has been carried out.

The claim form is available on the website of the judicial authority. However, the plaintiff does not have to follow it exactly. It is presented for the convenience of citizens.

Remember! There is information that must be included in the statement of claim:

• a cap. The name of the judicial body and the details of the participants - the plaintiff and the defendant - are indicated here;
• the main part reflects information about the violation of the right. The circumstances of the case are indicated;
• references to regulatory legislation - which law protects the plaintiff’s right;
• requirements - what the plaintiff wants to receive as a result of satisfying the claim;
• list of documents attached to the claim. All evidence presented to the court in the case, as well as other papers, is written here;
• date and signature.

The statement of claim is drawn up according to the number of participants in the case. A representative of the Russian Consumer Supervision Authority has the right to attend the meeting and participate in the consideration of the case.