Is it possible and how to return a TV to a store under the consumer protection law?

General rules for returning goods

According to Art. 25 of the Law of the Russian Federation, you have two weeks to return or exchange non-food products if:

• it was not used;
• a receipt, label or other document confirming the fact of purchase has been preserved;
• The presentation and consumer properties are not lost.

But such rules do not apply to goods included in the List of Non-Returnables approved by the Government of the Russian Federation. According to paragraph 11 of this list, it includes technically complex household goods, including television.

Thus, a working TV cannot be returned to the store if:

• more than 14 days have passed since the date of purchase;
• film removed;
• it didn't fit;
• I didn’t like the model, and even more so, without explaining the reasons.

But if minor defects are found, you have 15 days to return the TV and return the money, or exchange it for another product with recalculation of the cost (Clause 7, Part 1, Article 18 of the Law of the Russian Federation).

If more time has passed since the date of purchase, a return is possible only if there are significant defects, the list of which is approved by clause 13 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated June 28, 2012. No. 17, as well as in case of violation of the deadlines for their elimination. You can return the TV during the entire warranty period established by the seller or manufacturer or within 2 years if this period of time is not specified.

If the TV breaks during the warranty period

If more than 15 days have passed since the date of purchase, but the warranty period has not yet expired, you can return the TV if you find defects from the list approved by clause 13 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated June 28, 2012. No. 17, as well as in case of violation of the deadlines for their elimination.

The warranty period is set by the seller or manufacturer, and if it is not specified, the warranty is valid for 2 years from the date of delivery of the TV to the buyer.

During this time you can:

• return the money by terminating the sales contract;
• exchange the product for a similar one or another with recalculation of the cost;
• Return your TV for free repair.

Is the box required to be sent for repair under warranty?

Preservation of the packaging is mandatory when returning goods of good quality in the first 2 weeks after purchase. But since the TV is included in the list of technically complex goods, such requirements do not apply to it.

This means that the presence of the box is not necessary when submitting it for repair under warranty. If the seller refuses to accept the TV due to lack of packaging, this is grounds for initiating a pre-trial and then legal dispute.

If the TV does not work after warranty repair

After the repair, the service center draws up a work completion report, which indicates:

• nature of the defect;
• ways to eliminate it;
• information on replacement parts;
• the result of the work performed;
• warranty period of the service center after eliminating defects;
• seal of the organization, signature of the employee.

An acceptance certificate is also drawn up, which indicates information about the product and the date of its return to the consumer. If the TV fails again after repair, this is grounds for filing a claim:

• to the service center if the breakdown occurred during their warranty period;
• to the seller or manufacturer, if more time has passed.

In this case, an examination will be appointed to determine the cause of the breakdown. If this is a manufacturing defect, the money will be returned in full, and an exchange can also be arranged. And if the examination shows that the defect arose as a result of improper operation, the seller has no grounds for accepting the goods back.

TV repair on YouDo

If you want to find out how much it costs to repair TVs in Moscow, contact YouDo performers for help.
Experienced technicians will quickly fix the breakdown of a modern or used TV. They have the opportunity to quickly purchase branded components, so TV repairs will not take much time. YouDo performers work every day, without weekends or holidays. Specialists provide the following services:

• replacing the power supply
• display maintenance and setup
• restoration of the channel switching remote control
• checking the serviceability of microcircuits and cords

Our technicians have experience servicing televisions of different models and brands. Using special equipment and measuring equipment, television repair professionals will diagnose the device. Specialists will quickly check the condition of all modules and determine the main cause of equipment failure.

TV return procedure

Since a TV of good quality cannot be returned even on the day of purchase, we will consider the return procedure if there are defects.

Contents and sample application

The return procedure begins by notifying the seller of your intention to return the product. To do this, an application must be submitted in writing indicating the following information:

• store details;
• information about the buyer;
• information about the date of purchase and description of the product;
• the essence of the appeal is to return it for repair, return it, exchange it;
• reason for return;
• list of attached documents;
• date and signature of the buyer.

The application is drawn up in 2 copies and submitted in person. Your copy must be marked with acceptance of the document.

Large stores such as DNC, M-video or Eldorado do not require your own application; they usually have a document template in which the employee will enter your data and print it out. All you need is a signature.

If we are talking about smaller stores or the seller refuses to fill out an application, you can draw it up yourself using our sample.

Sample claim

The following must be attached to the document:

• passport;
• check;
• warranty card.

Drawing up a transfer and acceptance certificate

After you have handed over the TV, accompanying documents and application to the seller, he inspects the goods. Based on its results, an act of acceptance and transfer of goods is drawn up, which contains:

• store and buyer data;
• information about the product and its characteristics;
• information about the date of purchase and reason for return;
• the fact that the TV was accepted by the store;
• seal and signature of the seller.

Carrying out an examination

If the parties do not reach an agreement due to the occurrence of a defect, an examination is appointed. It is carried out by an independent organization that has the appropriate license and accreditation.

During the examination, the following is checked:

• compliance of the product with technical specifications;
• cause of failure;
• compliance with operating rules.

Based on the results of the inspection, a conclusion is drawn up.

Cost of examination

According to clause 5 of Art. 18 of the ZoPP, the examination is carried out at the expense of the seller, but if it turns out that the fault arose due to the consumer, he must be reimbursed for the costs of the procedure.

In accordance with clause 2, part 5, article 18 of the Law of the Russian Federation, you have the right to be present during the examination. The seller is obliged to warn you about the place and time of its holding in advance. Failure to comply with this requirement is grounds for challenging the results of the inspection in court.

Terms of examination

The timing of the examination depends on whether the buyer wants to return the money, exchange the TV, or return it for repair. The maximum time allotted for it is included in the period designated by law to satisfy specific requirements.

Thus, the period for conducting an examination of low-quality goods may be:

• 45 days - when carrying out warranty repairs (Part 1, Article 20 of the Law of Regulations), if necessary, the period can be increased, but only by agreement of the parties;
• 20 days - in case of exchanging goods for a similar or different one with recalculation of the cost (Part 1, Article 21 of the Law of the Russian Federation);
• 10 days - upon cancellation of the purchase and sale agreement, recalculation of the cost, return of funds and compensation for losses (Article 22 of the Law of the Russian Federation).

This period also includes the time during which the consumer must receive a response to his request.

Refund

If the examination reveals that the defect was not the fault of the buyer, the seller satisfies his requirements.

If we are talking about cancellation of the purchase and sale agreement, the money must be returned:

• on the day of receiving the examination results, if the purchase of the TV was paid in cash;
• within 3 business days, depending on the bank servicing your account for non-cash payments.

In the latter case, it is important to take into account that the funds are transferred to the card from which the purchase was made.

If the seller refuses to accept the item back

If the reason for the refusal is unlawful, you need to initiate a dispute with the seller out of court.

Making a claim

If the seller refuses to accept a faulty TV for repair, a pre-trial claim is filed. It is written in free form indicating:

• seller details;
• buyer data;
• information about the product: description, technical characteristics, type of defect;
• the essence of the appeal - a request for repairs or termination of the purchase and sale agreement;
• indication of the fact of the previous request and the response to it;
• references to specific articles of the Law of the Russian Federation regulating the rights of the applicant in this situation: Art. 25, as well as Art. 20, 21 or 22, depending on the nature of the claim;
• warnings about subsequent recourse to court if a negative response or lack thereof is received;
• dates and signatures.

The claim can be submitted in person or sent by registered mail with acknowledgment of receipt. In the first case, you need to get an acceptance mark on your copy, in the second, the proof will be a postal receipt.

Deadline for responding to a complaint

The deadline for responding to a claim is determined in accordance with Part 1 of Art. 12 of the Federal Law of May 2, 2006 “On the procedure for considering applications from citizens of the Russian Federation” No. 59-FZ and is 30 days from the date of its receipt by the seller.

Going to court

If within a month after filing the claim you do not receive a response from the store or the seller refuses to satisfy the claim, file a claim in court. In this case, you will be able to receive not only compensation for low-quality goods, but also a penalty in the amount of 1% of the price of the TV for each day of delay (Part 1 of Article 23 of the Law of the Russian Federation).

In addition, the seller will have to pay a state duty and a fine to the state, amounting to half the cost of the goods. Considering the size of the additional costs, stores try to prevent filing a claim and resolve the dispute out of court.

If the parties cannot resolve the conflict on their own, the claim is drawn up according to the general rules of Art. 131 Code of Civil Procedure of the Russian Federation.

Contents and sample of the statement of claim

The application shall indicate:

• details of the judicial authority;
• information about the parties;
• a description of the problem indicating attempts to resolve the issue pre-trial;
• request for refund;
• links to art. The legal acts confirming the rights of the plaintiff;
• list of attached documents;
• date and signature.

The claim is sent to the magistrate court at the place of registration of the store. If it is located in another region, you can send your application by mail.

Required documents

The following must be attached to the claim:

• passport;
• copies of the application and claim;
• a copy of the postal receipt if the documents were sent to the seller by registered mail.

How to return a TV purchased online

When purchasing remotely, you cannot evaluate the consumer properties of the product, so the law establishes the right to return it. According to Art. 26.1 ZoPP, this can be done:

• at any time before receiving the TV in your hands;
• within 7 days after delivery;
• within 30 days, unless the seller provides written information about the timing and procedure for return.

The exception is products created specifically for the buyer and with individual characteristics. For example, if you bought a dress made especially for you or a custom-made ring from an online store, a return is not possible.

But since the TV does not belong to this category, you have the right to return it if:

• it has not been used, for example, an account must not have been added (for smart TVs) or individual settings must have been set;
• the presentation and consumer properties are preserved;
• the screen film with labels is in place;
• There are payment documents confirming the fact of payment.

To process a return, you need to submit an application to the store, then send the TV back (provided that an agreement has been reached with the seller). Here you need to take into account that the store will deduct delivery costs from the amount to be returned. And since you will be sending the TV back at your own expense, you should be prepared to double the postage costs.

A technician will come to your home to repair an LCD TV.

If there is no time, opportunity or desire to go to a service center, this does not mean that the TV problem will not be fixed. At a convenient time, you can call a qualified technician to your home to repair your LCD TV, thereby receiving the following benefits:

• the specialist will arrive at a clearly stated time;
• diagnostics and repairs will be performed quickly and efficiently;
• the cost of the service provided will not be prohibitively high.

Craftsmen carry out high-quality repairs at home, providing this service at a price that will be comfortable for the client, so you should definitely take advantage of this advantage.

Arbitrage practice

The judicial practice on returning a TV to a store is extensive, so there are examples of different outcomes of the proceedings.

1. In case No. 2-805/2016, the Yaroslavl District Court refused to satisfy the demands of the plaintiff, who demanded to return his money for a faulty TV. During the trial, it was established that M.video Management LLC fulfilled its obligations under the purchase and sale agreement in full, transferring the TV to the plaintiff immediately after purchase. Streltsov A.R. I delivered the purchase home myself, installed it and started setting it up, i.e. exploited her. The court also took into account the results of the examination, according to which the defect was mechanical in nature and arose as a result of improper handling of the equipment. Based on the revealed facts, the plaintiff was denied satisfaction of the presented demands.
2. Case No. 2-5319/2016 had a different outcome, where the Zheleznodorozhny District Court of Khabarovsk fully satisfied the plaintiff’s demands. Zalevsky N. Yu purchased a TV from the Eldorado store worth 92,000 rubles, warranty period - 1 year, service life - 5 years. After the warranty period expired, a strip appeared in the middle of the screen, interfering with viewing. Zalevsky took the TV to a service center, paid for repairs in the amount of 19,500 rubles and received the working equipment back, indicating that he had no complaints about the quality of the work. However, a month later the strip appeared again and the plaintiff submitted the TV for examination, which confirmed a manufacturing defect - a faulty matrix, the purchase of which would have cost 75,000 rubles. In connection with these circumstances, the court took the plaintiff’s side and ordered the store to pay Zalevsky not only the cost of the TV, but also a penalty, as well as reimburse the costs of repairs, examination and moral damages. The store also had to pay a fine of half the cost of the faulty equipment.

LCD TV repair - quality service at an affordable price

Since LCD TVs are no less popular than smart TVs, there are a lot of people turning to service centers to fix one or another problem with equipment in this category. Among the breakdowns of LCD TVs, it is worth noting such as problems with image and sound, malfunction of connectors and power supply, various kinds of mechanical damage and problems with backlighting. To solve these problems efficiently, now you don’t even have to take your TV to a service center, because you can call a technician to your home and receive a high-quality service.

Lawyer's answers to private questions

Is it possible to exchange a TV purchased in installments at the CSN? A week has passed since the purchase, the channels are poorly received.

The norms of the POPP are the same for goods paid for in full and those taken in installments. In this case, it is not the form of payment that matters, but the category of purchase. A TV is a technically complex product, therefore, according to Art. 25 of the GDPR, you have the right to return it within 15 days if minor defects are detected.

I broke my TV and the warranty period is not over yet, can I return it to the store?

Returns are possible only if an examination confirms the presence of manufacturing defects. But since you admit that the breakdown was your fault, you shouldn’t waste time on this; it’s better to take the TV in for repair under warranty.

I sent the TV in for repair under warranty, more than 45 days have passed, there is no response from the service center, and the warranty period is expiring. What to do?

Write a claim to the seller for a refund due to a violation of the terms for eliminating the defect of the product.

We bought a TV from M.video a month ago, the sound is very bad. Is it possible to get a refund for it?

An immediate return is not possible, as this is a technically complex product that cannot be returned. Contact the seller with a return request and an examination will be scheduled. If she proves that the malfunction was not your fault, you can exchange the TV for another model or return the money you paid for it.

Can I exchange the TV for a more expensive model with an additional payment if it was purchased yesterday?

The time of purchase does not matter; if there are no defects, the TV cannot be exchanged, since it is a technically complex product. You can demand an exchange only if it breaks down, and an examination confirms that it was not your fault.

TV repair under warranty

If the TV breaks down, the best news will be the warranty period, which has not yet expired. True, such options as mechanical damage to the TV and moisture getting inside it are excluded. Also, unscrupulous store or service center employees can deceive you and blame you for the breakdown. Here are the simplest excuses: improper operation, power surges (lack of an external transformer), minor scratches, etc. Don’t despair - you can order an independent examination and contact the nearest government agency for the protection of consumer rights with its results.

Important:

When you contact the store for a warranty, you will be required, in addition to the receipt and warranty card, to receive the original packaging from the TV, so do not throw it away under any circumstances. The maximum that can be done is to carefully disassemble it at the seams so that it does not take up much space.

Remember that you can return your TV under warranty as many times as you like. The bad thing about this situation is that the warranty period is not extended, and if you have already had to send the TV in for repair several times, then you should think about buying a new one, since your model is most likely just defective.

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For example, the notorious Dutch company Philips earned itself a bad reputation by releasing onto the digital electronics market a whole series of low-quality televisions and music centers that could not work without breakdowns even during the warranty period. The outright negligence of the manufacturer led to the fact that many buyers simply had to throw expensive TVs in the trash.