Head of practice
Attorney. Specialist in commercial and labor law. Over 16 years of experience in legal support of businesses - debt recovery, contract enforcement, recovery of damages, commercial property and lease disputes.
Return of goods of inadequate quality
Returning goods of inadequate quality remains an extremely relevant issue in Ukraine. The Law of Ukraine “On Protection of Consumer Rights” is the main instrument for ensuring this right. Cases of purchasing low-quality goods may be associated with the dishonesty of manufacturers, violation of technological processes, improper storage or transportation. Consumers should know their rights, the return procedure and the list of necessary documents for its initiation.
What should be considered a product of inadequate quality?

Goods of inadequate quality are considered products that do not meet the established requirements, which can be determined in various ways:
- firstly, state standards (DSTU) – establish the characteristics that a certain type of product must meet;
- secondly, technical specifications (TU) – establish the manufacturer’s internal standards, which are more detailed;
- thirdly, the terms of the purchase and sale agreement and others.
Specific signs of poor-quality products may include the presence of real defects (damage, improper functioning of individual elements), incompleteness (absence of certain components or parts), expired shelf life, non-compliance with labeling (in particular, when it is incorrect or incomplete, does not contain information about the manufacturer or a specific date of manufacture), falsification.
It is important to note that minor defects that do not affect the main consumer properties of the product are usually not considered to be of inadequate quality. However, if even a minor defect makes the use of a certain product impossible, it may be recognized as a product of inadequate quality and will be subject to return in accordance with current national legislation.
What does the Law of Ukraine “On Protection of Consumer Rights” state regarding the return of goods of inadequate quality?
According to the Law of Ukraine “On Protection of Consumer Rights”, in case of purchase of low-quality products during the established warranty period, the consumer has the right to a proportional reduction in the price, free elimination of defects, reimbursement of expenses for independent elimination of such defects, as well as replacement with the same product of proper quality. The consumer may also demand a return, which will also result in termination of the purchase and sale agreement and receipt of the amount paid for the low-quality product.
The legislation also establishes certain requirements for the return of individual low-quality products, in particular:
- the right to such a return can be exercised if significant defects are detected during the warranty period;
- delivery of large-sized goods or goods weighing more than five kilograms for return is carried out at the expense of the seller (manufacturer);
- if the buyer wants to return low-quality products by exchanging them for a similar one, then in the absence of a replacement, it must be carried out within two months from the date of application;
- when submitting a claim for free elimination of defects, they must be eliminated within fourteen days or within another period by agreement of the parties.
In the event of a violation by the buyer of the terms of the contract and the Law of Ukraine “On Protection of Consumer Rights” and the unwillingness to initiate a return, you can go to court to resolve the dispute and receive appropriate compensation for the poor-quality provision of goods.
What documents are required for a successful return of goods of inadequate quality?
The following documents will be required:
- a payment document confirming the purchase. As a general rule, this is a cash receipt, sales receipt, receipt;
- a warranty card;
- a technical passport (for complex household goods);
- additionally – photocopies and video recording of defects;
- a written statement from the consumer with a clearly formulated requirement. As a general rule, the seller provides a form for such a statement;
- an expert opinion (if necessary) – in the event of a dispute about the causes of the defects.
Typical reasons for refusing to return goods of inadequate quality
There are several typical situations due to which sellers may refuse to return poor-quality products. Lawyers of “Prykhodko & Partners” advise to pay special attention to them. First of all, the main reasons for refusal are the following:
- firstly, the absence of a payment document, since it is the most important in the process of resolving a dispute with the seller;
- secondly, when the defects arose due to the fault of the consumer (due to improper use, storage, transportation, negligence of third parties);
- thirdly, violation of warranty conditions, which is expressed in improper fulfillment of the operating conditions specified in the instructions, warranty card (for example, independent repair);
- fourthly, the defects are insignificant and do not affect the main consumer properties of the relevant product. The identified defect must make it impossible to use the product for its intended purpose and at the same time be endowed with at least one of the following features: 1) it cannot be eliminated at all; 2) it makes the product significantly different from that provided for by the contract.
Thus, the legislation provides consumers with a wide range of rights in the event of the purchase of poor-quality goods, including the requirement to return it. To successfully return goods of inadequate quality, the consumer must have a payment document, warranty card, technical passport, as well as record the defects and submit a written application to the seller. A detailed understanding of the legislative norms and the return procedure is important for the effective protection of consumer rights, and contacting qualified specialists will help to promptly resolve the dispute that has arisen.
Contact the lawyers of Prikhodko & Partners for correct and prompt initiation of the procedure for returning defective goods. To find out the cost of legal support, fill out the form below.
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