Specifications correspond to the declared. Compile a complaint

COURT OF ARBITRATION

Nizhny Novgorod region

Name Russian Federation

DECISION

Case number A43-2713 / 2016

Court of Arbitration Nizhny Novgorod region As part of Judge by Romanova Alla Anatolevna (Judge Ciper 46-78), when conducting a trial of the court session using the Aviation Assistant Assistant to Judge Zakharova Irina Alexandrovna, examined in the open court session The case under the claim of the Federal State Unitary Enterprise "Russian Federal Nuclear Center - All-Russian Research Institute of Experimental Physics" Sarov Nizhny Novgorod Region (OGRN 1025202199791, TIN 5254001230) to the defendant Limited Liability Company "Grant-Trade" Moscow (OGRN 1127746497328 , TIN 7722779734), with the participation of a third party who does not declare independent claims regarding the subject of the dispute on the side of the defendant, the limited liability company "Hermla East" city Moscow,

about the obligation to replace the goods and the recovery of penalties,

with participation at the court session of representatives:

From the plaintiff: Vorob'ev S.V. Power of Attorney No. 2036 / 24D, dated December 30, 2015; Manyalenko N.S. - Oven No. 2036/211 dated 05.23.2016;

From the defendant: Suchkov I.V. power of attorney dated 01.05.2016; Mustafaev MD director, an extract to them from the EGRUL;

From a third party: not appeared, notified,

installed:

federal State Unitary Enterprise "Russian Federal Nuclear Center - All-Russian Research Institute of Experimental Physics" (hereinafter - the plaintiff, FSUE "RFYAC") appealed to the Arbitration Court of the Nizhny Novgorod region with lawsuit Limited Liability Company "Grant-Trade" (hereinafter - the defendant, Grant-Trade LLC) on the obligation to replace the goods to meet the terms of the contract, namely the universal high-performance 5-axis center with an increased accuracy of Herm B300U production not earlier than 2012 ; Recover penalties under paragraph 10.3 General conditions to a contract in the amount of 2352700 rubles.

The claimant's requirements are based on the provisions of articles, Civil Code Russian Federation and motivated inappropriate performance The defendant of obligations under the supply contract No. 2039 / 29-13 of November 25, 2013.

The defendant in the response to the claim as well written explanations On the claim (ld 80-84) did not recognize the requirements (ld 56-61).

In the course judicial trial In the order of the arbitration article procedure Code Of the Russian Federation at the initiative of the court to participate in the case as a third party not claiming independent claim Regarding the subject of the dispute, on the side of the defendant, the Hermlet East LLC was attracted, which carried out the installation of the machine, its service, warranty repairs.

The third party in the written position in the case confirmed the fact of the conclusion with the defendant of the contract No. 069/2013 of 02.12.2013 on the commissioning of the vertical processing center with the CNC Hermle B300U, the factory number 19859 at the address: GSAROV, Ave., 37, FGPU "RFYAC -VNEIEF, "requested a meeting in the absence of his representative.

Based on the provisions of Part 3 of the article of the Arbitration Procedure Code of the Russian Federation, the case was considered in the absence of a third party representative.

Based on paragraphs 1, 2 articles, the Seller is obliged to transfer the goods to the buyer, the quality of which corresponds to the sales contract. In the absence of the contract for the sale and purchase of the terms of the quality of goods, the seller is obliged to transfer a commodity to the buyer suitable for the purposes for which the product of this kind is commonly used.

By virtue of Article 464 of the Code, if the seller does not transmit or refuses to transfer to the buyer belonging to the goods or documents that it must pass in accordance with the law, other legal acts or purchase and sale contract (paragraph 2 of Article 456 of the Code), the buyer has the right to appoint him reasonable time for transmission. In the case when accessories or documents related to the product are not transferred by the seller for a specified period, the buyer has the right to refuse the goods, unless otherwise provided by the contract.

The buyer (recipient) is obliged to make all the necessary actions that ensure the adoption of goods supplied in accordance with the delivery agreement. Accepted by the buyer (recipient) goods must be inspected on time, defined by law, other legal acts, delivery contract or customs of business turnover. The buyer (recipient) is obliged in the same period to check the quantity and quality of the goods taken in the manner prescribed by law, other legal acts, the contract or customs of business turnover, and the identified inconsistencies or disadvantages of goods immediately notify the Supplier (article).

Assessing the evidence submitted to the case file in the manner provided for in the article by the Arbitration Procedure Code of the Russian Federation, the court concluded the lack of appropriate evidence confirming the violation of the defendant the terms of the contract of delivery.

Taking into account the established circumstances of the case, the court came to the conclusion that the behavior of the plaintiff is not conscientious, aimed at the unreasonable gain - receiving a new product corresponding to all the terms of the contract, after 2 years of exploitation of goods adopted and paid by the plaintiff without presentation of claims established by law and contract procedure money as a fine.

Assessing the actions of the plaintiff, the court took into account that the materials of the case confirm the fact of the claimant at the time of acceptance of the goods the possibility of making claims on the product range, since the disadvantages were visible, and not hidden. Meanwhile, the plaintiff accepted the goods in the assortment staged, within a reasonable time after he received did not inform the seller about his refusal of the goods, used the goods for its intended purpose and uses to the present.

Taking into account the above, the estimated right of the plaintiff is not subject to protection.

Since the plaintiff was refused to satisfy the claim for the rules of the article of the Arbitration Procedure Code of the Russian Federation state duty refer to the plaintiff.

Judicial practice on:

Arbitrage practice Upon applying the norm of Art. 10 of the Civil Code of the Russian Federation

Judicial practice for the application of the norms of Art. 506, 507 Civil Code of the Russian Federation

Bakanov Konstantin Igorevich (10/23/2014 at 10:07:43)

Hello, Valeria!

If the consumer is not provided with the opportunity to immediately get with information on the product (work, service), it is entitled to demand from the seller (performer) of compensation for damages caused by unreasonable evasion of the contract entering out, and if the contract is concluded, within a reasonable time to refuse its execution and demand a refund The amount paid for the goods and compensation for other losses.

Article 26.1. Remote method for selling goods

4. The consumer has the right to refuse the goods at any time before its transfer, and after the transfer of goods - during seven days.

In case information on the procedure and timing was not provided in writing At the time of delivery of goods, the consumer has the right to refuse the goods during three months Since the transfer of goods.

Purchase returns proper quality It is possible in case its transportation, consumer properties, as well as a document confirming the fact and conditions for the purchase of the specified goods. The absence of a document from the consumer confirming the fact and conditions for the purchase of goods does not deprive him of the opportunity to refer to other evidence of the purchase of goods from this seller.

If the consumer fails, return to him monetary sumpaid by the consumer under the contract, with the exception of the seller's expenses for delivery from the consumer of the returned goods, no later than ten days from the date of the consumer presentation of the relevant requirement.

In your case, it is necessary to write a claim letter in two copies with an obligatory indication of a lack of goods and your desire to return money or change the goods to the appropriate, as well as intention to go to court in case of refusal to your requirements, where you are in addition to terminating the sale agreement, money, You will ask for a recovery of moral compensation in your favor.

A significant lack of goods (work, services) is a non-resistant drawback or disadvantage that cannot be eliminated without disproportionate expenses or time spent, or is revealed repeatedly, or manifests itself again after it is eliminated, or other similar shortcomings;

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Answers of lawyers (4)

received
fee 40%

Good dayThe discrepancy of the characteristics of the manufacturer declared the responsibility of the manufacturer in front of you as a consumer

Article 12. Property of the manufacturer (artist, seller) for improper product information (work, service)

1. If the consumer is not provided with the opportunity to immediately get information about the product (work, service), it is entitled to demand for the seller (performer) of damages caused to unreasonable evasion of the contract, and if the contract is concluded, to refuse it within a reasonable time execution and demand the return of the amount paid for the goods and compensation for other losses.
(as amended. Federal Law from 21.12.2004 N 171-FZ)
If you refuse to execute the contract, the consumer is obliged to return the goods (the result of work, services, if possible, according to their character), the seller (performer).
(as amended by Federal Law of 21.12.2004 N 171-FZ)
(paragraph 1 as amended by Federal Law of December 17, 1999 N 212-FZ)
2. The seller (performer), who did not give the buyer full and reliable information About the product (work, service) is responsible, provided for in paragraphs 1 - 4 of Article 18 or paragraph 1 of Article 29 of this Law, for the shortcomings of goods (work, services), which arose after its transfer to the consumer due to the lack of such information.
(p. 2 introduced by Federal Law of December 17, 1999 N 212-FZ)
3. With causing harm to life, health and property of the consumer due to failure to provide him with full and reliable information about the product (work, service), the consumer has the right to demand compensation for such harm in the manner provided for in Article 14 of this Law, including full refund losses caused by the natural objects in the property (ownership) of the consumer.
(p. 3 introduced by Federal Law of December 17, 1999 N 212-FZ)
4. When considering the requirements of the consumer on the compensation of damages caused by inaccurate or insufficiently complete information on the product (work, service), it is necessary to proceed from the assumption that the consumer has special knowledge about the properties and characteristics of the product (work, services).
(as amended by Federal Law of December 17, 1999 N 212-FZ)

The only of course checking the noise level of the program of the communicator .... Here, of course, I think that when checking the device allows you to reliably set the noise level you will be surprised, as a rule, applications of smartphones have an applied and entertainment.

and besides general rules Art.

Article 18. Consumer rights when deficiencies in the product
(as amended by Federal Law of 25.10.2007 N 234-FZ)
1. The consumer in case of detection in the product of deficiencies, if they were not specified by the seller, in its choice it is entitled to:
require replacement for the goods of the same brand (the same models and (or) article);
to demand the replacement for the same product of another brand (model, article) with an appropriate recalculation of the purchase price;
require a commensurate decrease in the purchase price;
require immediate gratuitous elimination of the shortcomings of a product or reimbursement of consumer correction costs or a third party;
refuse to execute the contract of sale and demand the return of the amount paid for the goods. At the request of the seller and at his expense, the consumer must return the goods with disadvantages.
At the same time, the consumer has the right to demand also full compensation for damages caused to him due to the sale of goods inadequate quality. Losses are reimbursed within the time limits established by this Law to meet the relevant consumer requirements.

1. Yes, you have the right to refuse, but to handle the claim only to the seller, which, in accordance with Part 7, Art. 18 ZozPP itself is obliged to provide delivery of goods in SC.

Your actions:

i give a claim to the seller so that there was a document confirming the receipt of a claim by the seller (valuable, rose letter and so on and so on) ... a link is necessarily that it is obliged to provide delivery on its own ... necessarily one of the requirements of Art. 18 ZozPP present ... (You did not explain what you want). The "response" period for the seller depends on the presented requirement. We are waiting for this period and depending on the actions of the seller, or the court, or the requirements will be satisfied voluntarily. Consider if the quality / examination check does not confirm the disadvantage, you will not be able to prevent the seller anything. Make 15 days.

Return of money-10 days (Art. 22 ZozPP), exchange-20 days (Art. 21 ZozPP), repair-45 days (art. 20 ZozPP). The seller violated the term ... h. 2, art. 23 ZozPP gives you the right to make another requirement.

received
fee 30%

Good day!

The refrigerator is a technically complex product. Therefore, by virtue of Art. 18 of the Law "On Protection of Consumer Rights", after 15 days from the date of purchase (not including it), it can only be replaced in the event of a detection of significant deficiencies, which is in accordance with Art. 475 of the Civil Code of the Russian Federation includes non-resistant disadvantages, disadvantages that cannot be eliminated without disproportionate costs or time costs, or revealed repeatedly, or appear again after their elimination, and other similar disadvantages.

According to the preamble of the law "On the Protection of Consumer Rights" (hereinafter referred to as "ZozPP"), lack of goods (work, services) - non-compliance with goods(works, services) or mandatory requirementsstipulated by law or in accordance with the procedure established terms of Treaty (with their absence or incompleteness of the conditions usually with the requirements), or goals for which the goods (work, service) of this kind is commonly used, or goals about which the seller (performer) was informed by the consumer at the conclusion of the contract, or sample and (or) description when selling the product in sample and (or) by description;

In accordance with paragraph 1 of Art. 4 ZozPP, the seller (performer) is obliged to transfer to the consumer product (perform work, to provide a service) whose quality complies with the contract.

According to paragraph 30 of the Decree of the Government of the Russian Federation of 21.07.1997 N 918 "On approval of the rules for the sale of goods for samples", the seller is obliged to transfer the goods to the buyer, which fully corresponds to its sample, the quality of which corresponds to the information provided to the Buyer when concluding the contract.

Not the correspondence of the stated noise level of the actual, indicated on the seller's website or in technocament to the goods - disadvantage. In addition, given the data given by you, I suppose, such a noise level is a significant drawback, since the sanitary and epidemiological norms violates. Restrictions on the level of volume in residential premises are enshrined in sanitary and epidemiological requirements for residential buildings and premises "Sanitary-epidemiological rules and regulations, SanPiN 2.1.2.2645-10, approved by the Decree of the Chief State sanitary doctor Of the 10th of June 10, 2010 N 64, according to which the permissible levels of sound pressure are established in octave frequency bands, equivalent and maximum sound levels of penetrating noise in the premises of residential buildings, namely: the maximum sound level of penetrating noise in residential rooms of apartments from 7 to 23 hours can be 55 dBA. From 23 o'clock in the evening to 7 am - 45 dBA.

According to paragraph 5 of Art. 26.1 ZozPP, the consequences of the sale of goods inadequate quality by the remote product of the sale of goods are established by the provisions provided for in Articles 18 - 24 of the specified law. Contact the seller with a requirement based on Art. 18 ZozPP, on the return of the paid money or the replacement of goods. In the claim, you must specify only one requirement. Requirement Post by registered letter with a notice of a presentation (such a way for the court of traditional), duplicated email. In case of replacement, the seller is obliged to reimburse you shipping costs. In case of return, in addition to the cost, also costs for shipping goods from the seller to you and from you to the seller. The requirement must be executed within 10 days from the date of receipt of the requirement - when returning. When replacing - 7 days, and if necessary, additional checks of the quality of goods (the need is determined by the seller) - up to 21 days. When replacing, you need to send the goods. In addition, in case of replacement, return of goods, the implementation of other rights in connection with the purchase of you embossed goods, Compliance with paragraph 1 of Art. 18 ZozPP, you have the right to demand compensation for damages caused to you in full (the cost of calling the wizard). Such a requirement is satisfied in the time limits for meeting the relevant requirements (listed above).

Even even forget that the goods do not correspond to the order, in accordance with Art. 26.1 ZozPP when remote sale, the consumer has the right to refuse the product of proper quality after the transfer of goods - within seven days. And in the event that information on the procedure and timing of the return of goods of good quality was not provided in writing at the time of delivery of goods, the consumer has the right to refuse the goods within three months from the date of the transfer of goods. The return of goods of good quality is possible if its transportation is preserved, consumer properties, as well as a document confirming the fact and conditions for the purchase of the specified goods. However, with this order of return, the shipping money is not returned.

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In a relationship technically complex goods The consumer in case of detection in it, deficiencies have the right refuse execution Purchase contract and demand a refund The amount paid for such goods is either presenting the requirement to replace it with the goods of the same brand (model, article) or on the same product of another brand (model, article) with the appropriate recalculation of the purchase price for fifteen days From the date of transfer to the consumer of such goods.

The inconsistency of the stated characteristics is one of the flaws of the goods. If a certain level of noise was specified, then it should not exceed it.

2. If the noise level is valid higher, and the goods are subject to replacement, should the store should reimburse me the cost of calling the wizard?

Delivery large-sized goods and goods weighing more than five kilograms for repair, markdown, replacement and (or) returning them to the consumer are carried out forces and at the expense of the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer). In case of non-fulfillment of this duty, as well as in the absence of a seller (manufacturer, an authorized organization or an authorized individual entrepreneur, importer) at the location of the consumer, delivery and (or) refund of these goods can be carried out by the consumer. At the same time, the seller (manufacturer, commissioner organization or authorized individual entrepreneur, importer) it is obliged to reimburse the consumer costs associated with delivery and (or) with the return of these goods.
This is indicated in paragraph 7 of Art. 18 of the law.

3. Why, even if the goods malfunction is recognized, the store does not reimburse the shipping cost?

They are obliged at their own expense to export or reimburse the costs of the consumer.

If the seller refuses to export or reimburse your expenses, you will need to send a written claim. In the event that you do not fulfill your legitimate requirements, I recommend to write a complaint against them to Rospotrebnadzor, and also go to court.

Making a purchase, we expect to get a high-quality thing that fully appropriate the description provided by the seller. However, in practice, consumers often face the acquisition of products having low quality or characteristics that differ from the stated.

How to make a complaint about the return of such goods and get the money spent, you will learn using this article.

What if purchased a product that does not correspond to the stated requirements?

The seller must provide a potential buyer with all available information about the product - its characteristics, appearance, manufacturer, etc. The instruction of false or incorrect information is illegal.

According to Article 12 of Law No. 2300-I of 7.02.1992, if the consumer was provided with incorrect information about the transaction, it is entitled to refuse to buy and demand the return of previously spent money.

The thing was detected by any flaw, about which the buyer was not notified? In such a situation, the return of goods that does not meet the stated requirements is carried out on general grounds in the manner provided for in Article 18 of the Law.

Why is it possible to put a written claim in the store with the requirement of the payment of previously spent money? Article 12 establishes that the buyer has the right to refuse to buy during a reasonable period if the seller provided him with incorrect or incomplete information about the product.

In accordance with paragraph 36 of the Resolution of the Plenum Supreme Court RF No. 17 of June 28, 2012, a reasonable period can be understood as the shelf life, operation, storage or warranty on the goods. At the same time, it is important to take into account the features of this product, the seasonality of its use and other important characteristics.

Compile a complaint

To return a product that does not meet the declared characteristics, the Buyer will need to make a written claim and send it to the store, adding copies of documents capable of confirming the validity of the failure of the purchase.

The claim claim must contain the following data:

• store details;
• personal information about the buyer (his name, address of residence, feedback methods);
• the name and characteristics of the purchased goods;
• purchase date;
• the essence of the problem (inconsistency of the stated by the seller described by the seller);
• links to regulatory framework;
• list of documents complementing the claim;
• date of delivery to the store;
• signature of the buyer.

If the goods have discovered any drawback, the buyer has the right to specify a claim in the text of his desire to take part in testing the quality of the product.

Appeal to the store can be complemented by copies of the Treaty on the purchase and sale, check, warranty coupon and other documents that can prove the validity of the stated requirements.

You can send a claim to the store in three ways - to transfer to the seller personally or through a representative, send by custom letting or through courier delivery. In the first case, it is important to show the representative of the store two sets of documents so that the official makes the note on the date of receiving the appeal at one of them.

Seller's representative refuses to accept your claim? Send it with complementary documents by registered mail with a receipt notice to have a receipt confirming pre-trial order Resolution dispute.

Drawing up a claim to the online store

As a rule, purchases are often accomplished through the Internet. Sellers when remotely implementing goods should provide about them full information to potential buyers through booklets, photos, descriptions of the characteristics on the store website, etc.

According to Article 26.1 of the law, the Customer has the right to refuse to buy before receiving it at any time, and after delivery - within seven days. If the seller did not provide information on the procedure for termination of the contract and the timing of the claim with the claim, the refund is possible within three months after receiving the order.

The following instruction is indicated, how to make a return of the goods in the online store:

1. make a written claim and send it to the seller by e-mail or to the postal address specified on the online store website;
2. wait for a response from officer;
3. give a product that did not suit you with the characteristics, back to the seller;
4. get money previously paid for the order.

It is worth noting that when returning the goods, the seller pays the entire amount of the order to the consumer, but taking into account the deduction of the shipping costs at the specified address.

Before making a claim to the online store, you can familiarize yourself with the ones

Good day!
My name is Ekaterina.
I bought vacuum headphones yesterday in the retail store. Listen to the purchase did not give, because This is the product of personal hygiene. Headphones listened to the house, the sound does not correspond to the declared characteristics.
Is it possible to return the product or exchange? Checks and packaging are preserved.

Lawyers Answers: 5

Hello! You need to contact the store with a complaint about the return of funds and termination of the contract of sale. In case of refusal, contact the court with a claim to terminate the contract of sale, the recovery of funds, penalties, compensation moral harm And fine for non-compliance with the requirements of the consumer. In the lawsuit and claims, refer to the state of articles 13,15,18,21 and 22 of the Law on Consumer Protection

Hello. Yes, you can return the goods to the seller back. To do this, write a claim on the basis of these articles of the law of the PRV of the Consumer.

Article 10 of the Law of Consumer Rights.
1. The manufacturer (executor, the Seller) is obliged to provide a timely to the consumer with the necessary and reliable information about the goods (works, services), ensuring the possibility of their correct choice. For certain types of goods (works, services), the list and methods of bringing information to the consumer are established by the Government of the Russian Federation.

Article 12. Property of the manufacturer (artist, seller, owner of the aggregator) for improper product information (work, service)

1. If the consumer is not provided with the opportunity to immediately get information about the product (work, service), it is entitled to demand for the seller (performer) of damages caused to unreasonable evasion of the contract, and if the contract is concluded, to refuse it within a reasonable time execution and demand the return of the amount paid for the goods and compensation for other losses.

If you refuse to execute the contract, the consumer is obliged to return the goods (the result of work, services, if possible, according to their character), the seller (performer).

2. The seller (performer), who did not provide a full and reliable information on the product (work, service), is responsible, provided for in paragraphs 1 - 4 of Article 18 or paragraph 1 of Article 29 of this Law, for the shortcomings of goods (work, services) arising After his transfer to the consumer, due to the lack of such information.

2.1. The owner of the aggregator, who submitted to the consumer, inaccurate or incomplete information about the product (service) or the seller (artist), on the basis of which the consumer was concluded by the sales agreement (the contract for the provision of services) with the seller (the Contractor) is responsible for the losses caused to the consumer as a result providing him with such information.

Unless otherwise provided by the agreement between the owner of the aggregator and the seller (the Contractor) or does not follow from the creature of relations between them, the responsibility for the execution of the contract concluded by the consumer with the Seller (Contractor) on the basis of the information provided by the owner of the Aggregator about the product or the seller (executor) , as well as for compliance with the rights of consumers, disturbed by the consumer transfer of goods (services) of inappropriate quality and exchange of non-food goods of proper quality on similar product, brings the seller (performer).

The owner of the aggregator is not responsible for the losses caused to the consumer due to the provision of unreliable or incomplete information on the product (service), if the owner of the aggregator does not change the information on the product (service) provided by the Seller (Contractor) and contained in the Conclusion of the Contract Purchase and sale (contract for compensated service provision).

2.2. The consumer has the right to present a requirement for the owner of the aggregator on the return of the amount of goods produced by him (services). The owner of the aggregator returns the amount of goods obtained by him (services) for ten calendar days from the date of the consumer presentation of such a claim while simultaneously presented the following conditions:

The goods (service), in respect of which the consumer made a preliminary payment for the bank account of the aggregator owner, was not transferred to the consumer on time (the service was not in time);

The consumer sent a seller (performer) notification of the refusal to execute the contract of sale (compensated service agreement) in connection with the violation by the Seller (Contractor) obligations to transfer the goods (to provide a service) set time.

Along with the requirement of returning the amount of the pre-payment of goods (services), the consumer sends the owner of the aggregator confirmation of the direction of the seller (executor) notification of the refusal to execute the contract of sale (compensated service agreement).

Unless otherwise provided by the terms of the user or other consumer agreement with the owner of the aggregator, the notification of the Seller (the Contractor) on the refusal of the execution of the purchase and sale agreement (contract for the provision of services) can be sent to the owner of the aggregator, which is obliged to send it to the seller (performer).

2.3. In the case specified in paragraph 2.2 of this article, the owner of the aggregator has the right to refuse to the consumer in returning the amount of the pre-payment of goods (services) upon receipt from the seller (executor) to confirm the consumer acceptance of the goods (provision of the service), provided that a copy of such a confirmation was sent by the owner of the aggregator Consumer for ten calendar days from the date of receipt by the owner of the aggregator Requirements for the return of the pre-payment of goods (services). In the event of the disagreement of the consumer with the evidence presented by the owner of the aggregator, the consumer is entitled to demand the return of the amount of goods produced by him (services) in court.

3. With causing harm to life, health and property of the consumer due to failure to provide him with full and reliable information about the product (work, service), the consumer has the right to demand compensation for such harm in the manner prescribed by Article 14 of this Law, including full compensation for the losses caused by natural objects owned by the consumer (possession) of the consumer.

4. When considering the requirements of the consumer on the compensation of damages caused by inaccurate or insufficiently complete information on the product (work, service), it is necessary to proceed from the assumption that the consumer has special knowledge about the properties and characteristics of the product (work, services).

Yes, you have the right to return the headphones on the basis of paragraph 1 of Art. The 18th Consumer Protection Act, according to which the consumer in case of detection in the product of the shortcomings, if they were not specified by the Seller, in its choice it is entitled:

require replacement for the goods of the same brand (the same models and (or) article);

to demand the replacement for the same product of another brand (model, article) with an appropriate recalculation of the purchase price;

require a commensurate decrease in the purchase price;

require immediate gratuitous elimination of the shortcomings of a product or reimbursement of consumer correction costs or a third party;

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

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

Sincerely.

Hello!
If the documentation is a link that this item is a personal hygiene product, then you will have to prove that the goods do not correspond to the stated characteristics, because in accordance with the Decree of the Government of the Russian Federation dated 19.01.1998 N 55 "On Approval of the Rules for Sale separate species of goods, a list of long-term goods that do not apply to the buyer's requirement about free ...
(SCROLL
Non-food goods of proper quality, not refundable or exchanged for similar goods of other size, forms, dimensions, shapes, colors or configuration) personal hygiene objects are not subject to return.

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

If the lack of goods is obvious and not stipulated by the seller, then return the goods in accordance with Art. 18 ZozPP.

Direct the written claim to the seller, specify all the disadvantages detected, specify your requirements. If your claim is not satisfied, you will have to go to court. If the goods have a guarantee, then the obligation to proof that you have been sold goods of proper quality assigned to the seller. If there is no, then prove that the goods of improper quality is purchased on you.

With respect!

Hello.

You can contact the seller demanding about the return of money on this basis, referring to Article 10,12,18 of the Consumer Rights Protection Act.

In accordance with Art.10 of the Law, the seller is obliged to provide the consumer in a timely manner necessary and reliable information about the product. ensuring the possibility of its correct choice.

Product information, including must contain:

Information about basic consumer properties;

Price in rubles and acquisition conditions;

Warranty period if installed;

Terms and conditions for the effective and safe use of goods;

Information on mandatory confirmation confirmation;

At the same time, such information is communicated to consumers. in technical documentationattached to the goods, on labels marking etc.

In addition, in accordance with the rules for the sale of individual types of goods, utensils. Decree of the Government of the Russian Federation dated 19.01.1998 N 55, paragraph 17, the buyer must be given the opportunity independently or with the help of the seller to familiarize themselves with the necessary goods. The buyer has the right to inspect it, to demand in its presence verification of properties or demonstration of its action.

To demonstrate, as a rule, a showcase pattern is used.

In accordance with Article 12 of the Law, if the consumer is not given the opportunity to immediately receive information about the product when concluding a contract, it is entitled to demand the return of payment paid.

2. The seller (performer), who did not provide the Buyer with full and reliable information about the product (work, service), is responsible provided for paragraphs 1 - 4 of Article 18 or paragraph 1 of Article 29 of this Law, for the shortcomings of goods (work, services), arising after its transfer to the consumer due to the absence of such information.

4. When considering the requirements of the consumer on compensation for damages caused to unreliable or insufficiently complete information about the product (work, service), it is necessary to proceed from the assumption on the absence of consumer special knowledge of the properties and characteristics of goods (work, services).

You can appeal first orally, and if you are denied - send a written claim to the store with reference to the specified norms of the law and the indication of your requirement. Also, you can add that in the absence of the result (you must answer within 10 days, Article 22 of the Law) within the prescribed period, you are entitled to demand the payment of a penalty for violating this period in accordance with Article 23 of the Law, as well as contact A complaint of the regulatory authorities (prosecutor's office, Rospotrebnadzor) and the court with a claim, where you will also ask for a court for collecting damages, compensation for moral damage and the recovery of a fine of 50% of the award amount, Article. 193.15 of the law.