How it is correct to make a claim in shoe shop?After were published my previous articles: “ Where to complain of ZhEK (managing organization)? “ and “ How to have legal proceedings with doctors? “ I began to receive addresses by e-mail where I am asked about how to strive for cancellation of the laws striking the rights of citizens what to do who is guilty and so forth.
In my opinion, one of problems Russian the Internet - spaces just is that it became too difficult for ordinary person who is not an expert in the field of law to find a simple and definite answer to how by own efforts to resolve this or that problem (for example, absence in the apartment of heating). And there is enough information of rather spherical horses in vacuum on the Internet much.
Unfortunately, consumers - that is we - quite often come up against a situation when it is necessary to sort out the relations with the seller who put off to us low-quality goods. You bought, for example, the TV which at demonstration in a trading floor of its wonderful properties and opportunities suited you, and already next day it becomes clear that the black box and intends to remain black. And whether your apartment was not pleasant to it, whether the goods to you were sold low-quality, and the impression of purchase already evaporated as, however, and the decent sum of money. And you did not watch the favourite movie.
Of course, having got drunk valerians in advance, you go to shop. You bear the cash voucher and own evil look. It is good if the warranty card was issued to you. And if is not present or the goods bought by you do not provide its delivery, for example, it is shoes of a famous brand?
Due to the above I want to provide for general acquaintance the text of a claim thanks to which the client of my firm within two days returned herself money with which she paid low-quality goods earlier. I Recommend to use
such form if you appear in a similar situation.
After purchase I found out that shoes do not suit me on a coloring and the size, besides, there was an unsticking at the edges of a sole on the right semi-park, that is in your shop the goods of inadequate quality were sold to me.
Goods was in the use of only 3 (three) calendar days, the trade dress, consumer properties, factory labels, etc. of
In 4 (four) calendar days, namely ________________ June, 2011 is kept, I returned Goods back to your shop _______________ which locates at the address: __________________________________ also asked to return me the money paid for Goods or to provide me any other model (with recalculation of purchase price).
Instead of meeting my legal requirements, Goods was accepted allegedly “ for examination “ the cash voucher belonging to me was withdrawn from me by the seller. at the same time I was not beforehand informed by
on the place and time of carrying out examination of Goods in Russia. The goods were allegedly sent to other state. I Will remind
to you that expertize of Goods has to be carried out by you in the terms established by the law “ About consumer protection “ for satisfaction of the main requirement (i.e. in 10 - dnevny term).
For the unknown reason, up to the present (i.e. to _____________ 2011) Goods is in your shop and still is not transferred to me.
According to paragraph 1 of article 18 Federal Law “ About consumer protection “ from 07. 02. 1992 No. 2300 - 1 consumer to whom the goods of inadequate quality are sold has the right at the choice to demand:
- replacements by goods of the same brand (same models and (or) the article);
- replacements by the same goods of other brand (model, the article) with the corresponding recalculation of purchase price;
- proportional reduction of purchase price;
- immediate gratuitous elimination of shortcomings of goods or reimbursement for their correction by the consumer or the third party;
- to refuse performance of the contract of purchase and sale and to demand return of the sum paid for goods. to
In communication in the above, I ask you to return the sum of money paid for Goods till ________________ 2011, or to replace with the same goods of other brand (model, the article) with the corresponding recalculation of purchase price.
in case of dissatisfaction of the requirements declared in the real claim I will be forced to appeal to court with the claim for compulsory execution of legal requirements of the consumer, recovery of penalty of 50% of the collected sum, the consumer imposed by court for failure to meet requirements (Art. 13 of the Law “ About consumer protection “) and also penalties for delay of implementation of the requirement of the consumer (Art. 23 of the Law “ About consumer protection “) of 1 (one) % of the goods price for each day of delay of execution of my requirement, and also compensation of moral harm.
In addition, will be declared by us the requirement about collecting from your company of court costs (the state duty in court, fee of the lawyer).
________________________________________ (Full name)
By the way, you can ask the questions which are available for you about legal subject in my personal blog.