According to the Law "On the Protection of Consumer Rights", it is impossible to return a child's toy of good quality to the store. However, if, when buying a children's product, defective elements were revealed, then the store can demand an exchange. How to do it right? Read the article.
Law on Consumer Protection
According to the Law, the consumer has the following rights:
- The buyer has the right to return the item of proper quality that he did not like to the store within the first fourteen days (the countdown starts from the next day after the purchase was made), if it did not suit him in shape, dimensions, style, color, size or configuration;
- The buyer has a right if she has defective items, i.e. the thing turned out to be of inadequate quality;
- The item can be returned or exchanged if it has a warranty period;
In addition, the buyer has the right to write a claim or file a written complaint against the seller who refuses to fulfill one of the three rights of the buyer listed above.
Can I return a good quality children's toy?
The following toys of good quality cannot be returned to the store:
- Stuffed Toys;
- Inflatable rubber children's toys;
So, for example, if the purchased teddy bear has no obvious defects (torn parts, holes, worn parts, etc.), then the consumer does not have the right to ask the seller to exchange or return the toy, because the child simply did not like it.
However, a good quality toy can be returned to the store under the following circumstances:
- If no more than two weeks have passed since the purchase;
- If the toy has retained its presentation;
Those. the toy is returned to the store in the same condition as when it was purchased: in the same packaging, with the same labels, tags, etc.
- If the buyer has a check or receipt that can confirm the fact of the purchase.
Warning
According to the Consumer Rights Protection Law, the seller does not have the right to refuse to return the goods to the buyer who does not provide a sales receipt. An analogue of a check can be any other document confirming the fact of a purchase or the testimony of a person who can act as a witness to the purchase.
What toys can be returned?
If the purchased toy does not fall into any of the categories described in the previous section and it was found to be defective during unpacking, then in the store you can demand:
- Replace the purchased children's product with an analogue, but of good quality;
- Reduce the cost of the purchased toy, taking into account the detected defect;
Thus, it is possible to achieve at least a partial refund of the cost of a defective product, which is especially important if an expensive toy was purchased.
- Eliminate the marriage at the expense of the store itself (submit for examination, and then for repair);
- Provide the amount necessary to eliminate the identified deficiencies;
- Refund the full cost of the defective toy in exchange for its return;
Thus, toys that are of inadequate quality are subject to return and exchange.
Return procedure
Return and exchange of a toy of good quality is possible under the following conditions:
- It is necessary to make sure that the toy has no traces of use, in other words, it has completely retained its marketable appearance;
- Find a sales receipt or receipt issued by the seller at the time of purchase. If there is no check, then you can invite a person who witnessed the purchase of a children's toy to the store;
Even if there is no witness to the purchase, the store can be required to check the cash register, which stores information about all purchases made.
- Come to the store and present the toy and all documents, indicating the reason for the return;
Ideally, if a customer wants to come into the store and exchange or return a toy, then this should be done at the same seller who originally sold the product.
- The seller must ask to fill out an appropriate application, which will indicate the reason for the return of the toy of proper or inadequate quality;
The application can be drawn up according to the model provided by the store staff or in any form. As a rule, you will need to indicate passport data in the application, so you need to take your passport with you.
- After that, the buyer (depending on the purpose of the return) will be refunded / provided with a high-quality analogue / the toy will be sent for examination;
Timing
- If a toy of good quality is subject to a return or exchange, then the money must be returned immediately, or immediately exchanged for a similar product (at a cost) that suits the buyer;
- If a defective toy is subject to return or exchange, then the money will be returned back only after an examination;
If the goods were purchased by bank transfer, then it will be possible to return the amount of money when returning the toy only to a bank card.
If the seller refuses to return
In this case, you can:
- Contact the consumer protection service;
- Conduct an examination on your own, and then contact the store again;
- Seek professional legal advice;
- File a claim;
Sample Documents
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Hello. In your situation, everything is simple. Regulated by consumer protection law.
1. File a claim with the seller.
2.If he refuses, file a lawsuit in court. is not subject to stamp duty.
3. Yes, technically complex goods, serviceable, it is impossible to return.
4.NO, the product is defective.
You should press on the discovery of hidden flaws in the product, namely
Upon arrival home, the products were tested at home, where, when trying to conduct a tank battle, the products no longer met the declared characteristics. The infrared beam, which should propagate in space directly, hit the enemy tank even when the gun was not directed at him. The failed battle was recorded on video.
Semyon
Which is a significant disadvantage.
5.
1) Mechanical damage to the tank (Is this mechanical damage? Naturally, there was no mechanical impact on the gun, there is no external damage).
This must be proven to the seller. So you say no, it's not. I didn't break anything. Because you are a consumer. You don't have to prove this point.
The burden of proof that you yourself damaged the goods rests with the seller.
He can make an examination, and at his own expense. Requirement of the law.
If he does not perform an examination, then he has not proved anything. And practically recognized your requirements.
Links to the law. Law of the Russian Federation of February 7, 1992 N 2300-1 (as amended on July 13, 2015) "On Protection of Consumer Rights"
Article 18
1. The consumer, in case of detection of defects in the goods, if they were not specified by the seller, at his choice, has the right to:
demand a replacement for a product of the same brand (the same model and (or) article);
demand a replacement for the same product of a different brand (model, article) with a corresponding recalculation of the purchase price;
demand a commensurate reduction in the purchase price;
demand immediate gratuitous elimination of product defects or reimbursement of expenses for their correction by the consumer or a third party;
refuse to fulfill 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 defects.
In this case, the consumer has the right to demand also full compensation for losses caused to him as a result of the sale of goods of inadequate quality. Losses are reimbursed within the time limits established by this Law to meet the relevant requirements of the consumer.
In relation to a technically complex product, the consumer, in case of detection of shortcomings in it, has the right to refuse to fulfill the contract of sale and demand a refund of the amount paid for such a product or demand its replacement with a product of the same brand (model, article) or with the same product of another brand (model, article) with a corresponding recalculation of the purchase price within fifteen days from the date of transfer of such goods to the consumer. After this period, these requirements are subject to satisfaction in one of the following cases:
discovery of a significant defect of the goods;
violation of the deadlines established by this Law for the elimination of defects in goods;
the impossibility of using the product during each year of the warranty period in the aggregate more than thirty days due to the repeated elimination of its various shortcomings.
The list of technically complex goods is approved by the Government of the Russian Federation.
5. The consumer's lack of a cash or sales receipt or other document certifying the fact and conditions of the purchase of goods is not a basis for refusing to satisfy his requirements.
The seller (manufacturer), an authorized organization or an authorized individual entrepreneur, importer are obliged to accept goods of inadequate quality from the consumer and, if necessary, to check the quality of the goods. The consumer has the right to participate in the quality control of the goods.
In the event of a dispute about the causes of defects in the goods, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer are obliged to conduct an examination of the goods at their own expense. Examination of goods is carried out within the time limits established by Articles 20, 21 and 22 of this Law to meet the relevant requirements of the consumer. The consumer has the right to be present during the examination of the goods and, in case of disagreement with its results, to challenge the conclusion of such an examination in court.
If, as a result of the examination of the goods, it is established that its defects have arisen due to circumstances for which the seller (manufacturer) is not responsible, the consumer is obliged to reimburse the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer for the costs of conducting an examination, as well as related to its conduct. storage and transportation costs.
We sell quality products from reliable manufacturers.
At your request, we can open the factory packaging and check the goods for completeness, appearance and performance.
1. The procedure for receiving goods from the courier or at the point of issue:
1.1 Check the goods for the absence of mechanical damage to the goods, packaging and completeness.
1.2 If everything is in order, accept the goods and sign the delivery note of the courier.
1.3 Otherwise, refuse to receive due to signs of damage to the goods or packaging.
ATTENTION: Please note that with your signature you confirm the absence of claims to the appearance and configuration of the goods.
2. Actions of the buyer in case of comments on the quality of the goods purchased in the store website
Dear customers, if you have any comments about the product purchased in our store, please proceed according to the following algorithm:
1. Go to the customer support section;
2. Fill out the form, select the subject of the appeal: product quality question and press the button send an appeal.
Thus, your request will go directly to the appropriate specialist and your issue will be resolved as soon as possible.
3.1 How to return or exchange an item if you don't like it
When buying in any of the Young Dad retail stores - 14 days from the date of purchase.
Upon receipt of the goods with delivery or at the points of issue of courier services - 7 days from the date of receipt.
You can return the goods to any of the Young Dad stores, regardless of the method of receipt. If you cannot bring the goods to the store yourself, you can send the goods by any courier company to store address indicated on your invoice (shipping fee is non-refundable)
IMPORTANT: You are kindly requested to send the return on your behalf, and issue it as a new package to the address of the store and be sure to get a new TRACK NUMBER of the parcel. Thus, the parcel will arrive as soon as possible. If this condition is not met, the return period will be from two weeks or longer, depending on the remoteness of the region.
3.2 Requirements for the returned goods:
- The goods must be of proper quality, i.e. not have any defects: cracks, scratches, chips, mechanical damage, etc., except for hidden manufacturing defects.
- The product must not have traces of operation, its presentation, consumer properties, equipment, seals and factory (industrial) packaging must be preserved.
Important: The packaging must NOT be damaged or opened, there must be no signs of opening the package. - Availability of a bill of lading signed by the buyer.
- Return and exchange of used batteries is not possible.
3.3 Packing requirements for returned goods:
Assessment of the condition of the goods may take from 1 to 10 days. After evaluating the condition of the goods, a decision is made on the possibility of returning.
If it is established that the product was in use or has defects (cracks, scratches, chips, mechanical damage, etc., except for manufacturing defects), then the decision will be negative.
4.1 Warranty and post-warranty service
You can bring the goods to any of the Young Dad stores, regardless of the method of receipt. All warranty and post-warranty service is carried out at the address indicated on your invoice (depending on the region or store where you purchased the product). If you cannot bring the goods to the specified address on your own, you can send the goods by any courier company to the store address indicated on your invoice.
In the event of a warranty repair, the cost of transportation is fully compensated. Please note that you can send the goods in any way, but compensation will be only at the rate of the Russian Post (package rate).
IMPORTANT: If you received the goods at a Boxberry pick-up point, you can return the goods to the same pick-up point. Otherwise, send the return on your behalf, to the address of the store and be sure to get a new TRACK NUMBER of the parcel.
! Specify as a recipient the legal entity specified in the invoice.(DO NOT indicate the name of the store, in this case we will NOT be given a parcel).
Please note that the Young Dad store provides a refund, repair or exchange of goods only upon receipt of the goods in the store.
After sending, it is MANDATORY to tell us the details of the shipment by email: [email protected] website
- Name of the courier service
- order number (shown on the delivery note/warranty card)
- Your full name
- your phone number
- parcel track number
4.2 Warranty period
- Warranty period for radio-controlled models - 3 months from the date of purchase.
- Warranty period for other goods (except consumables) - 1 month from the date of purchase.
- The warranty does not apply to consumables, which include: batteries, batteries, accumulators, both as part of the model and purchased separately.
- The warranty does not cover parts subject to wear: Gears, Motors, Electric Motors, Shafts and any other parts of the model subject to wear.
4.3 Packing requirements for returned goods:
- The goods must be sent in good packaging, ensuring the integrity and safety, protecting against loss, shortage, damage and damage during transportation.
- The packaging of the cargo must comply with the requirements of GOST RF for the corresponding type of cargo.
- The packaging must exclude access to the order of third parties (in such a way that it is impossible to gain access to the product without imperceptibly breaking the outer shell (stretch, branded or colored adhesive tape, etc.).
- The packaging must be dry and clean.
- When sending breakable, brittle and sharp attachments, the obligatory use of an air-bubble film (or equivalent) covering each of the breakable attachments is required. The gaps between the individual attachments must be filled. For this type of attachment, corrugated packaging or other packaging that ensures the rigidity of the package should be used.
4.4 Warranty
- This warranty is valid upon presentation of: bill of lading signed by the buyer.
- The maximum warranty repair period cannot exceed 45 days.
- Warranty service of the product includes free repair work or replacement of the product with a new one in case of impossibility of repair.
- Warranty obligations do not apply to products that have been damaged as a result of irresponsible or negligent handling, failure to follow the instructions for using the product, tampering with the electrical circuit of the product or performing self-repair, disassembling the model, normal wear and tear, ingress of liquids, foreign objects.
- All warranty conditions are valid within the framework of the Law “On Protection of Consumer Rights” and are regulated by the legislation of the Russian Federation.
- The warranty does not cover: consumables: technical fluids, spark plugs, sealing products, tires and wheels, LEDs, batteries, batteries, cables and adapters.
- Warranties do not cover: parts subject to wear, including gears, motors, electric motors, shafts.
Model tuning is not provided for by warranty service or a sales contract. Model customization can be performed as an additional service, for a fee. At the same time, the client can count on free consultations on the configuration and operation of the model.
5. Shipping Responsibility
We are not responsible for the goods transferred to the transport company, courier service or Russian Post for delivery to the client. In case of damage or loss of the shipment during the delivery process, the recipient must draw up an appropriate act and a claim for the relevant transport company. After that, we will definitely participate in the search for the shipment or in obtaining a refund.
6. Product information
Information about the product posted on the site is for informational purposes only and is not a public offer. Technical characteristics, completeness, color are subject to change by the manufacturer without notice.
Safety
Subject to the basic rules of operation of the product, the manufacturer guarantees its safety. Independent use of the product by children under 14 years of age is not recommended.
Official service center for the repair of radio-controlled models
The service center of the Young Papa store carries out professional repairs of the following brands:
Align, Aquacraft, Art-tech, Blade, Cheerson, Double Horse, Dynam, EasySky, FlyZone, Heng Long, HIMOTO, HobbyZone, HouseHold, HPI, HSP, Hubsan, KYOSHO, Maverick, MJX, Nine Eagles, SYMA, Taigen, Tamiya , Team Magic, TRAXXAS, VsTank, WALKERA, WLToys.
Return of Good Quality Toys
You can return items from us within 90 days of purchase..It is important to note that the return of goods of good quality is possible if its presentation, consumer properties, as well as a document confirming the fact and conditions of purchase of the specified goods are preserved. The buyer's lack of this document does not deprive him of the opportunity to refer to other evidence of the purchase of goods from this seller.
In this case, the item is returned at the expense of the buyer We will refund the cost of the returned item.
Refunds are made to the buyer's bank account or by postal order. Refunds by courier or at the point of issue of orders are not possible.
Return of defective toys
If it seems to you that you have received a product of inadequate quality, then, first of all, contact our managers with the most detailed description of your claim. We will try to offer you a mutually beneficial solution to this problem.If the option proposed by us does not suit you, then according to the procedure in this case, the buyer returns the goods to us at his own expense, and if the goods turned out to be of inadequate quality according to the results of the examination, we will reimburse the costs of shipping the goods, as well as the cost of the goods themselves .
You can find all the necessary contact information for contacting us in the corresponding section.
You can independently send a return by Russian post to the address: 199397, St. Petersburg, PO Box 585 Smarty LLC, but we strongly recommend that you first discuss return delivery options with our managers. They will try to offer a mutually beneficial and fast way.
Order of receipt of goods and return:
Upon receipt of the goods, you confirm with your signature that there are no claims to the configuration and appearance of the goods. Return of any order is carried out only at the central office of the company. If you are not in Moscow, then for the return you need to send the parcel to the office by any transport company (the cost of transportation is not refundable).
Warranty terms:
Model name:
1. WARRANTY PERIOD
1.1. The warranty period for the Products is 30 calendar days from the date of sale of the Products. Return and exchange of goods within 14 working days.
2. WARRANTY
2.1. The supplier guarantees during the warranty period the absence of defects in details.
2.2. During the warranty period, in case of detection of a manufacturing defect, the Products are subject to free warranty repair or replacement (in case of impossibility of repair). Warranty repairs are carried out at ShopToys. Warranty repair or replacement of the purchased Products during the warranty period is carried out only under the following conditions:
- Availability of a completed warranty card with the date of sale and the seal of the Seller.
- Availability of the original packaging and accompanying documentation included with the Products.
- Availability of a document confirming payment for the sold Products.
This warranty does not apply to: Products: batteries, model fluids and oils, paints, adhesives, resins, parts subject to natural wear and tear, as well as other products and components subject to strong mechanical stress during operation: plastic rod ends, horns , corners, hinges, balsa, laths and plates of wood, etc.
2.3. The seller does not bear warranty obligations in the following cases:
- The presence of damage to the Products due to mechanical influences.
- Violations of the safety of control labels and seals on the Products.
- Attempts to independently repair or change the internal structure of the Products by the Buyer.
- Violations of the rules of operation.
- Careless handling of the Products.
- Excessive load on products.
- Non-compliance with security measures, negligence or lack of the necessary skills to manage models from the end user.
- Improper assembly and/or misconfiguration of the Product.
- In cases of burnout of elements of the input or output circuits of electrical devices, due to violation of the rules of operation (connection to an unsuitable power source, short circuit, excessive current load, etc.).
2.4. In cases where the cause of the failure of the Products is disputed by the Buyer, the Products are transferred to an independent expert, who issues a conclusion on the cause of the failure. If the breakdown occurred due to the manufacturer, the cost of expert services is paid by the ShopToys store, in other cases, the expertise is paid by the Buyer. When transferring the Products for examination, the buyer fills in the form "Transfer of goods for examination".
2.5. In the event that the cause of the malfunction does not have a manufacturing defect and is not covered by the Warranty, the Seller has the right to issue an invoice to the Buyer for the repair of such Products.
Please note that radio-controlled models, components, starting equipment, electronics, radio control systems and other accessories for radio-controlled models (hereinafter referred to as “products”) are not toys!
These are technically complex products that require the user to have the appropriate skills: control, configuration, maintenance, repair, operation, diagnosis of possible malfunctions, etc. Radio-controlled models and their components are subject to extreme loads during operation. Often it is the possibility of remote control of the model in extreme conditions (speed racing, overcoming obstacles, ski jumping, acrobatic flights and stunts performed by the model, etc.) that attract people to this type of hobby. There are no universally recognized standards for radio-controlled models and their components that would regulate such parameters as: strength, rigidity, reliability, durability, etc. Neither the manufacturer nor the seller can control the conditions and correctness of the pre-launch preparation of the product, running-in, adjustment, safe operation of the model and the ability to manage the model by the end user after the sale. Moving RC models and/or their components (as well as toxic elements contained in the fuel) can be dangerous to others and can cause damage to surrounding objects or cause injury or even death to people. From the moment of purchase, the user assumes full responsibility for the proper, legal and safe operation of the product and for possible damage caused by this product to the property and / or health of third parties.
WARRANTY LIMITATIONS
The manufacturer guarantees the performance of the product during the warranty period only if the product is used for the purposes for which it is intended by the manufacturer, with proper observance of the rules for pre-start preparation and adjustment, careful handling of the product and careful storage, timely maintenance and diagnosis of possible malfunctions and the absence of mechanical damage. parts and mechanisms of the product.
Important! Since radio controlled models and their components are subjected to extreme stress during operation, it is the responsibility of the user to carry out pre-launch preparation before each launch / use. Any product, even assembled at the factory and 100% ready for launch / use, requires, without fail, before each launch / use, pre-launch preparation / checks and, if necessary, running-in, adjustments and settings. Pre-launch preparation includes: control inspection and reliability check of all threaded connections, tightness check of all docking units (where tightness is required), wear check of rubbing working surfaces of parts, check of units and parts for cracks, backlashes or other defects, check of correctness of all settings and adjustments, checking the operability of all systems, all electronics and radio control systems, checking the full charge of the batteries and the correct connection of the polarity of the power contacts, checking the operability of the fuel system and the exhaust system. The warranty does not cover those parts and components that are subject to natural wear and tear during operation and are subject to periodic replacement: rubber and wheel disks, bushings, bearings, overrunning clutches, shafts, drives, drive belts, gears, clutch bells, brake disks and linings, clutch pads, shock absorber springs and shock absorber oil, piston group of internal combustion engines, glow plugs of internal combustion engines, brushes of commutator electric motors, Lexan car bodies, etc. The warranty does not cover any damage to the product that occurred as a result of illiterate or insufficient pre-launch preparation/checking, running-in, adjustment, adjustment of the product, failure to comply with safety measures during start-up, improper control of permissible operating conditions, use of unsuitable fuel, power sources, chargers , other electronics, incompatible parts, devices or components.
Important! Any internal combustion engine and any model equipped with an internal combustion engine requires mandatory running-in and skills in setting up and operating! Running-in is a very important process during which the running-in of all rubbing working surfaces of engine parts takes place. Proper engine break-in is entirely the responsibility of the end user. Follow the instructions and constantly monitor the operating temperature of the engine with an infrared or other thermometer. In case of overheating, stop the engine immediately and let it cool down. The most common mistake that leads to engine breakdown during the break-in process (and sometimes during operation) is the desire to break in the engine as quickly as possible, the use of unsuitable fuel, premature or excessive lean fuel mixture, bringing an unrun-in engine to high speeds, lack of control of operating temperature engine. As a result, due to lack of lubrication in the lean mixture and high friction, the engine overheats. The lower connecting rod bush rotates and jams the connecting rod in any position, which, on a running engine, leads to further deformation and breakage of the connecting rod, piston group, crankshaft, etc. This will not be covered under warranty and repairs will be charged.
If you do not have the necessary skills and experience, please seek help from experienced modellers, a modeling club or a service center at the place of purchase (running in and tuning of an internal combustion engine in a service center is carried out for a fee).
