Defective goods: return and replacement

What is happening

The most common case: a phone, laptop or fridge fails after a couple of months, the seller's service centre writes "mechanical damage" or "liquid ingress" and refuses a warranty repair. The buyer is left holding a report written by the very party that does not want to pay.

Another pattern: the item was taken in for repair, the deadline has long passed, or the same fault comes back after the third visit. By now the buyer wants a refund, not another repair, while the shop insists that "all we have to do is fix it".

Sometimes the claim is simply not accepted: letters go unanswered, the shop wants the box and receipt that are long gone, or offers a different model for an extra payment. The key here is not to miss the time limits and to record every contact so it can be proved later.

What the law says

• A buyer's rights when goods are defective are set out in Article 18 of the Law of the Russian Federation No. 2300-1 of 7 February 1992 "On Consumer Rights Protection" (the Consumer Protection Law): replacement, a proportionate price reduction, free repair, reimbursement of repair costs, or cancelling the purchase with a refund.
• For technically complex goods on the list approved by the Government, the purchase can be cancelled for any defect within 15 days of delivery. After that, cancellation is possible for a material defect, a missed repair deadline, or where the item has spent more than 30 days in total under repair in a single warranty year.
• A refund demand must be met within 10 days; a replacement is generally due within 7 days, or 20 days where an additional quality check is needed (Articles 21 and 22 of the Consumer Protection Law).
• A missing receipt does not entitle the seller to refuse: the purchase can be proved by a bank statement, order history or witness evidence.
• During the warranty period it is for the seller to prove that the buyer caused the defect. Once the warranty has expired the burden shifts, and the buyer must show that the defect existed before delivery.
• A delay in meeting the buyer's demands attracts a penalty of 1 per cent of the price for each day (Article 23 of the Consumer Protection Law); if the claim succeeds in court, a fine of 50 per cent of the sum awarded is added.

What we do

• We establish what failed, when and in what circumstances, and choose the remedy that makes most sense for you: replacement, repair, a price reduction or a refund.
• We check whether the item counts as technically complex and work out which time limits have run and which are still open.
• We draft a claim with a specific demand and payment details and send it in a way that proves receipt.
• We attend the seller's quality check and, if we disagree with its findings, commission an independent expert report and frame the questions for the expert.
• We draft a lawsuit for the refund, the statutory penalty, compensation for distress and the consumer fine, and file it at the court for your place of residence.
• We represent you in court and, where necessary, seek a court-appointed expert examination and take part in it.
• Once the judgment takes effect, we obtain the writ of execution and see enforcement through.

What we will need from you

• The receipt, a card statement or order history, and the warranty card if one was issued.
• A description of the defect: when it appeared and how it shows itself, with photos and video.
• Service centre reports and receipts, job sheets and any document confirming the item was taken for repair.
• Your claims, the seller's replies, and email or messenger correspondence.
• The item itself, which may need to be produced for a quality check or expert inspection.