Protection of consumer rights: return of goods

Every day in Ukraine, citizens constantly buy goods and pay for services, that is, they are consumers in the sense of the current legislation.

However, in practice, there are quite often cases when the purchased product is of inadequate quality and the end consumer wants to return it to the Internet seller or a stationary store. What is the relevance of the chosen topic for today?

In this informative article, we will talk about the peculiarities of returning goods according to Ukrainian legislation.

What are the methods of settling disputes on the protection of consumer rights?

Today in Ukraine, it is possible to highlight the following main ways of protecting consumer rights, namely:

• Pre-trial settlement of the dispute – involves a citizen’s appeal to the territorial bodies of the State Production and Consumer Service (if the person is in a district or city of regional significance, it is also possible to apply to the department for the protection of consumer rights, which is located in local state administrations and executive municipalities.
• Judicial settlement of the dispute – involves a citizen’s appeal to the judicial authorities with a statement of claim in the event that the dispute cannot be resolved in a pre-trial procedure.

Let’s talk about each of the methods in more detail.

If the consumer decided to settle the dispute in a pre-trial procedure, then he should understand that the appeal to the State Production and Consumer Service can be considered only when it indicates the body to which it is directed, the name of the applicant, his place of residence, the main essence of the problematic issue that arose on practices and reasons for returning goods. Also, the application must contain the date and signature of the applicant.

In addition, the appeal should be accompanied by an evidentiary base that confirms the stated circumstances and certifies the violation of the consumer’s rights by the seller of the goods. It is worth noting that the appeal can be submitted both by one person (individually) and by several citizens (collectively).

Regarding the judicial settlement of the dispute, the following should be noted.

Judicial protection of violated consumer rights is possible only when all other methods of protection of legitimate interests have been exhausted to a citizen, and therefore it is the last legislative mechanism that allows restoring violated consumer rights and returning low-quality goods.

To appeal to the court, a statement of claim should be prepared in which to describe why the plaintiff could not settle the dispute in a pre-trial procedure and indicate the circumstances under which his rights were violated, as well as the reasons why the goods are subject to return. Appropriate evidence confirming the position of the plaintiff in the case should be attached to the application (for example, a receipt for the purchase of goods, etc.).

In court proceedings, the plaintiff has the right to demand compensation for both property and moral damage. It is worth noting that in cases of protection of consumer rights, it is not necessary to pay a court fee for filing a claim.

Importantly! Before contacting the relevant government authorities to protect your rights and return the product, remember that you should first try to contact the seller of the product with a demand for its return due to an existing defect that affects the final quality of the product.

In most cases, the seller can come to meet you and accept the returned product. Also, the consumer has the right to return the product or exchange it for a similar product within 14 days from the moment of purchase, but this applies only to those products that have not been used and are undamaged.

If you have any questions regarding the protection of consumer rights and the specifics of product returns, please contact the “Prikhodko and Partners” law firm.

Our lawyers will provide comprehensive answers to the company’s clients during oral or written consultations because they perfectly understand the specifics of this issue. Do not delay and contact us!