You have the right to insist on the replacement of low-quality goods or a refund in accordance with Art. 18 of the Law of the Russian Federation “On the Protection of Consumer Rights”. Fight.
Since you indicated the city of Yalta when registering on this site, I will assume that the goods were purchased in this city and will be guided accordingly by the legislation of Ukraine.
Law of Ukraine “On Protection of Consumer Rights”
Article 5. Protection of consumer rights.
3. Protection of consumer rights is carried out by the specially authorized central executive body in the field of protection of consumer rights and its territorial bodies, the Council of Ministers of the Autonomous Republic of Crimea, local state administrations, bodies and institutions that carry out state sanitary and epidemiological supervision, other executive bodies, local government bodies in accordance with the law, as well as the courts.
Article 6. Consumer's right to proper quality of products. 1. The seller (manufacturer, performer) is obliged to transfer to the consumer products of appropriate quality, as well as provide information about these products. 2. The seller (manufacturer, performer), upon request of the consumer, is obliged to provide him with documents confirming the proper quality of the products.
Article 8. Consumer rights in the event of purchasing goods of inadequate quality. 1. If defects are identified during the established warranty period, the consumer, in the manner and within the time limits established by law, has the right to demand:
- proportional reduction in price;
- free elimination of product defects within a reasonable time;
- reimbursement of expenses for eliminating product defects.
If, during the established warranty period, significant defects are identified that arose through the fault of the manufacturer of the goods (seller, performer), or falsification of the goods, confirmed, if necessary, by an expert opinion, the consumer, in the manner and within the time limits established by law and on the basis of rules binding on the parties or contract, has the right, at his own discretion, to demand from the seller or manufacturer:
- termination of the contract and return of the amount paid for the goods;
- demand replacement of the product with the same product or with a similar product from among those available to the seller (manufacturer).
Since a defect in the kettle was discovered during the warranty period, you, as a consumer, have the right to return the product. If the term of free warranty service is not specified in the documentation, then by default it is 2 years. According to the Law, the seller considers the buyer’s application only after presenting a registration certificate or other document indicating the date of sale.
If documentation is missing, you can ask the seller to restore the cash receipt. If this fails, then the fact of sale of the goods can be proven in court in the presence of witnesses.
Read more: How to check utility services online
The seller is obliged to return the money to the buyer on the day the application is submitted. If a refund is not possible for some reason, the transaction is postponed for a period of no more than 7 days.
In addition, the consumer has the right to replace the product. To do this you need to write an application. If the required product is out of stock, the seller is obliged to make a replacement within two months from the date of submission of the application. Otherwise, the buyer has the right to demand replacement with a similar product of a different brand with recalculation of the cost.
Do you know that part of the money for a loan can be returned?
Can I return a product if the packaging is damaged?
Other points for returning goods are regulated by Art. 18-24 of the law on consumer protection. If the product needs to be exchanged, for example, the size does not fit or a defect is detected, it can be returned within two weeks for an exchange. Many stores indicate that goods cannot be returned if the packaging is damaged. Receive money from the seller or arrange an exchange. In the latter case, you need to pay the difference in the cost of the goods (if the exchange is for a more expensive model), receive a warranty card and a receipt. Algorithm of actions in case of purchasing a faulty product
1. If the product turns out to be faulty, it must be returned before the end of the warranty period.
If documentation is missing, you can ask the seller to restore the cash receipt. If this fails, then the fact of sale of the goods can be proven in court in the presence of witnesses.
Good evening! If this mechanical damage “some kind of crack on the handle” is not indicated in the Transfer and Acceptance Certificate, then mechanical damage for a month and a half could have been caused by anyone, both in the store and in the service center and on the road. as a last resort, you can withdraw your money through the Court, there is no state duty, 45 days are allotted for repairs, you can demand a new kettle of proper quality or money.
It is strongly recommended not to take a bath while using your phone. Also, when taking a shower, you should not listen to music on your phone. Despite the fact that the phone itself does not fall into water, water vapor gets into it, which settles on the microcircuits and spoils them.
Is it possible to return an item that is incomplete?
The maximum amount of average daily earnings for calculating maternity benefits and monthly child care benefits for insured events, incentive charges and allowances related to the proper maintenance of mechanical and other equipment of the building.
The next day they returned the lock to the store and wrote a claim about the purchase of a defective product and asked to return the money or replace the product with a similar one. The store said they would review the claim and call back in 10 days. 10 days passed and no one called us back, then we went to the store ourselves.
What to do if you refuse to return a product with mechanical damage?
I believe that you have a chance to get your money back for the goods if you have not signed a paper stating that you have inspected the goods and have no claim regarding the quality of the goods. Even if you signed a similar document, there are still chances to prove that the goods were sold of inadequate quality.
Coils of wire are wrapped in a thick layer of matting, burlap or paper and tied with soft wire. In any case, you can write a claim to the seller indicating mechanical damage and assurances from the employee that their product does not need to be checked.
As follows from the appeal, when concluding a purchase and sale agreement, the consumer inspected the goods. Delivery of goods from the store was carried out independently. After opening the packaging at home, mechanical damage was discovered in the purchased product in the form of a 3 mm chip on the screen, after which the TV was delivered back to the store.
Based on Art. 1004 of the Civil Code of the Russian Federation, the principal must dispose of his property under your control within fifteen days from the date of receipt of the notification of refusal to fulfill the order.
Purchase returns. How and what goods can be returned to the seller?
In such a situation, a discount is assumed on the purchased unit of goods in the amount agreed upon by both parties. How to return the goods to the store and get the money back? Returning a product is not an easy procedure, which depends on many factors. Some items cannot be exchanged or returned. Products that are an exception, even if they are of excellent quality and pristine appearance:
- medications;
- Food;
- perfumes, cosmetics, personal hygiene products;
- building materials, cables;
- disposable goods;
- weapon;
- printed publications;
- animals;
- plants (flowers, trees).
Mandatory conditions Refunds of funds spent on purchases can be made subject to a number of conditions.
What is meant by a product with mechanical damage?
Is it possible to return an item without a receipt? Witness confirmations of the purchase of goods are considered valid.
According to paragraph 6 of Art. 18 of the Law of the Russian Federation in relation to goods for which a warranty period is established, the seller is responsible for defects in the goods unless he proves that they arose after the goods were transferred to the consumer as a result of the consumer’s violation of the rules for using, storing or transporting the goods, actions of third parties or force majeure. Relations arising between consumers and sellers when selling goods are regulated by the norms of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), Law of the Russian Federation dated 02/07/1992 No. 2300-I “On the Protection of Consumer Rights” (hereinafter referred to as the Law of the Russian Federation), Rules for the sale of certain types goods approved by Decree of the Government of the Russian Federation No. 55 of January 19, 1998 (hereinafter referred to as the Rules).
In this case, the consumer also has the right to demand full compensation for losses caused to him as a result of the sale of goods of inadequate quality. Unless otherwise established by law, losses caused to the consumer are subject to compensation in full in excess of the penalty (penalty) established by law or agreement (Article 13 of the Law of the Russian Federation).
RETURN OF PRODUCT OF GOOD QUALITY
Reasons for return
A product of good quality means a Product without manufacturing defects that does not suit the Client in size, style, length or color.
The return of such a Product is possible if it has not been used and its presentation has been preserved (packaging, hanging, as well as a document confirming the fact and conditions of purchase of the specified Product). The store reserves the right to conduct an examination of the Product in order to determine its quality and safety of consumer properties.
The return period for Goods of good quality purchased in the online store is within 7 days from the date of delivery of the order*. Or within 14 days after making a purchase in an offline store.
Return procedure
To return a purchased Product:
- Contact us by writing an email, WhatsApp or calling 8 (960) 303-05-05 from 10:00 to 18:00 Moscow time on weekdays.
- Fill out the application form for returning goods. Please indicate in your application:
— return reason code
— purchase amount of the Goods
— Client’s bank details
- date and signature
- Send the completed application along with the Product and receipt.
- Send the Product by regular parcel from any post office of the Russian Post. Where: 428024, Cheboksary, Mira Ave., 62G, office. 427. To: Lacouture LLC,
- Tell us the tracking number of the shipment by e-mail or WhatsApp so that we can track the movement of the cargo.
Return method
Residents of Russia can return goods by mail. When returning, the Customer pays return shipping.
Please note that the return of Goods is carried out only by Russian Post from any branch.
The parcel is sent at the Client's expense (in case of returning a product of inadequate quality, the cost of return will be refunded along with the cost of the product).
You can track the movement of your shipment on the Russian Post website using the track number indicated on the shipping postal receipt.
Upon receipt of the returned Product, the store will notify the Customer by mail or SMS.
A refund
Refunds for goods (based on a correctly completed application) are made within 10 days** after receipt and inspection of the returned Goods. Please note that the details must be in the name of the Client.
Refunds are made to the bank card from which the payment was made.
The refund to the Client is made minus the amount paid for the delivery of the Goods when placing an order in the online store. When purchasing a promotional product that includes free delivery and is returned to the store, the Seller's costs will be withheld for the amount of delivery to the Buyer. The exact timing of the refund depends on the Client’s bank and can reach 30 banking days.
No refunds available
The Client does not have the right to refuse a Product that has individually defined properties if changes are made to the design or individual elements, lengthening or shortening of elements, etc., and the specified Product can be used exclusively by the Client purchasing it.
It is not possible to return used Products.
Refusal to return the Customer's parcels may occur due to the return of the Goods by cash on delivery.
Returns will not be accepted if the product is returned without packaging and/or assembly, in an indecent state that requires additional work to prepare the product for sale.
Important! Payments by bank transfer are made to the Client only in rubles to current accounts opened in the ruble currency.
At the request of the bank, the Client may be asked for additional information when making a refund by bank transfer.
RETURN OF PRODUCT OF INCORRECT QUALITY
A Product of inadequate quality means a Product that is incomplete or has a manufacturing defect/defect and cannot ensure the fulfillment of its functional qualities. Differences in design or design elements from those stated in the description on the website do not constitute a malfunction or non-functionality of the Product.
Return the Product of inadequate quality within 30 days after receiving the order.
Returns are issued from any branch of the Russian Post. Shipping costs will be refunded along with the cost of the item. To receive funds, you must include a postal receipt in your return package.
Where: 428024, Cheboksary, Mira Ave., 62G, office. 427. To: Lacouture LLC,
CONDITIONS FOR RETURNING GOODS DELIVERED TO THE STORE
Products received via store pickup are returned to the store according to the retailer's return policies. Products can only be returned. Exchanges cannot be made at a pick-up store.
EXCHANGE OF GOODS
Products purchased in the Exalta online store can be exchanged***.
It is not possible to return used goods.
Those Products in which changes in design or individual elements have been made, lengthening or shortening of elements, etc., are not subject to exchange, and the specified Product can be used exclusively by the Client purchasing it.
*In accordance with paragraph 21 of the Decree of the Government of the Russian Federation of September 27, 2007 N 612 “On approval of the Rules for the sale of goods remotely”
**According to paragraph 4 of Article 26.1 of the Law of the Russian Federation “On the Protection of Consumer Rights” dated 02/07/1992 No. 2300-1, if the consumer refuses the goods, the seller must return to him the amount of money paid by the consumer under the contract, with the exception of the seller’s expenses for delivery of the returned goods from the consumer goods, no later than 10 (ten) days from the date the consumer submits the corresponding demand.
***According to paragraph 1 of Article 25 of the Law of the Russian Federation “On the Protection of Consumer Rights” dated 02/07/1992 No. 2300-1
GUARANTEES
The warranty period for all Exalta products is 30 days.
Important! Read the care instructions on the Product label or on the store website in the Product card. If the terms of use and care of the product are violated, the Seller does not bear any warranty obligations to the Client.
The warranty does not apply to:
— natural wear and tear during use of the Product
– peeling of products, including felted wool
- products that have been subjected to self-cleaning with chemicals and other means
- abrasions, stains from dirt, cuts, fabric tears
- other defects associated with violation of the rules of use, actions of third parties, care, storage or transportation.
The warranty on accessories corresponds in duration to the warranty on the Product.
Products with mechanical damage cannot be exchanged or returned.
In the sales area, exchanges or returns are refused. At the same time, they do not provide any documents, including that they refuse to exchange and return, at least in any form. They didn’t give me a book of complaints and suggestions; the wording is over; only the chief administrator can start one, which wasn’t there at the time I applied, for 2 days in a row.
The answer to the complaint can be a good basis for legal action. If the seller confirms with this answer a deliberate violation of consumer protection laws, the trial can take place much faster and clearly in favor of the buyer.
If it turns out that the seller is to blame for the mechanical damage, then the buyer has every right to make the above requirements.
In addition to checking the applicant’s information, Rospotrebnadzor can conduct test purchases, inspections, and systematically monitor the work of a particular company.
The examination of the goods is carried out by the efforts and at the expense of the seller, unless the warranty period or expiration date of the goods has expired. If it is not installed, then within 2 years after purchase.
There I found a broken blender (the mounting pin was broken off), it is hardly possible to fix it. receipts and guarantee - everything is there. Is it possible to demand an exchange of goods in this situation? Thank you You have the right to make any claim under Art.
Rules for returning high-quality and low-quality goods to the store
The author reveals a lot of little things about how to behave with the seller.
We recommend video #2: a story with lawyer M.E. Timokhin on the Leningrad Internet TV channel, where the lawyer answers questions in detail and interestingly: how to return the goods, how the buyer should behave, etc.
Procedure for returning to the seller (documents, return periods) To return your purchase to the seller, you will need the following documents:
- A receipt or other document confirming the fact of purchase at this outlet;
- In the absence of a document - other evidence, including witness statements;
- Application in simple written form;
- A document proving your identity.
The buyer of a low-quality product can, at his choice, file a claim both with the store where the purchase was made, and directly with the manufacturer.
How to return a product if the packaging is damaged or missing at all
Consumers and other plaintiffs in claims related to violation of consumer rights are exempt from paying state fees.
The seller (manufacturer, performer) is obliged to transfer to the consumer products of appropriate quality, as well as provide information about these products.
When buying a blender in a store (Eldorado), I made a mistake - I didn’t open the box and didn’t check the product in the store.
According to the text - after checking the functionality, all actions with the product were carried out by you, it is unrealistic to admit the seller’s guilt in this case.
You definitely signed SOMETHING. If you picked up a product from a warehouse (shelves, etc.) - then the product either must be inspected externally by you upon purchase and purchase, or it is always offered for inspection upon purchase (for example, when buying light bulbs in stores there are special pins; when you insert the light bulb, it lights up , or when you buy a kettle, they ask you to plug it into an outlet and see if it gets warm.
The seller must and will prove that he is not at fault. But to prove the OPPOSITE is YOUR HEADACHE, PROVE YOU HAVE SOMETHING TO ADD TO YOUR CLAIM AND GO TO COURT.
The buyer compensates the seller for the costs of delivering the goods to the buyer upon purchase if the seller did not charge the buyer a delivery fee. Seller costs are presented in the Shipping and Payment section.
In relation to the relationships under consideration, failure to comply with civil obligations on the part of the consumer on the part of the seller, related, in particular, to the refusal to return money for the TV and compensate for losses incurred, does not give rise to administrative liability for this entity within the framework of the Code of Administrative Offenses of the Russian Federation.
If the buyer’s requirements are agreed, then no later than three days, the funds spent on the purchase must be transferred to the buyer’s bank card or paid from the cash register.
Legal assistance in returning products with mechanical defects
If the buyer discovers a mechanical problem and intends to return the product to the store, he may face the fact that the seller does not admit responsibility for the defect. To effectively protect your interests, it is advisable to consult with an experienced lawyer who will tell you how to conduct an independent examination and write a claim to the seller. Our website specialists will help you understand the situation. Contact our lawyers for help to get answers to all your questions and recommendations on an effective strategy for protecting your interests.
Source: glavny-yurist.ru
Where to complain if you don’t get your money back for an item?
To file a complaint, the services of a lawyer are not required, and the application is drawn up by the consumer in any form. The application will need to clearly state the circumstances, provide contact information about the applicant and provide evidence of purchase from a specific entrepreneur.
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 examination in court.
As is known from the law on the protection of consumer rights, each buyer can return or exchange goods of inadequate quality for goods of appropriate quality within fourteen days from the date of purchase. But what should the consumer do if the product is found to have mechanical damage and it is necessary to return the product with mechanical damage?
First of all, as soon as you discover mechanical damage, contact the seller. To do this, take with you the damaged goods and the payment receipt. Making a complaint orally will not bring any results.
“subsidies mortgage agency of Ugra payments 2012”
So, in this article we will answer the following questions: is it possible to return a product without packaging and, if so, under what conditions? Is it possible to return a product with damaged packaging? In what cases is it impossible to return such a product? The content of the article:
- Is it possible to return an item without packaging?
- When can't it be returned?
- If the product is not defective
- If the product is defective
- Procedure
- If the seller refuses
Is it possible to return an item without packaging? The rules for returning goods are regulated by the current provisions of the Law “On Protection of Consumer Rights”.
- The product does not fit one of the following characteristics: shape, style, size, color, dimensions or configuration;
- The product has retained the same appearance as on the day of purchase. That is
If the buyer damages the product, it is not subject to return according to the law.
When the amount of the dispute for consumer protection is quite large, and the store does not return the money for the defective product, a statement of claim will be required in court.
Instead of presenting these demands, the consumer has the right to return goods of inadequate quality to the manufacturer or importer and demand a refund of the amount paid for it.
According to paragraph 1 of Art. 25 of the Law of the Russian Federation of February 7, 1992 No. 2300-I “On the Protection of Consumer Rights” (hereinafter referred to as the Law), the consumer has the right to exchange a non-food product of good quality for a similar product from the seller from whom this product was purchased, if the specified product does not fit the mold , dimensions, style, color, size or configuration.
In this case, the consumer also has the right to demand full compensation for losses caused to him as a result of the sale of goods of inadequate quality.
In this case, the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) is obliged to reimburse the consumer for expenses associated with the delivery and (or) return of these goods. Mechanical damage often causes product failure. It may form during delivery and operation. If a product is damaged, the seller often refuses to return or repair it. Is he breaking the law in this case?
To return a product to the seller, it must correspond to the original characteristics, that is, retain its presentation and properties at the time of return. If the reason for returning a product is a complaint about its properties, the seller has the right to order a quality examination.
Tell me, are there any chances of a refund or exchange of goods, or is it impossible to prove anything in this situation? The product was purchased from an online store with full prepayment for the product and delivery.
How to get money back for a defective product?
If the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) at the time of presentation of the demand does not have the goods necessary for replacement, the replacement must be carried out within a month from the date of presentation of such demand. In the regions of the Far North and equivalent areas, the consumer's demand for replacement of goods is subject to satisfaction upon his application within the time required for the next delivery of the corresponding goods to these areas, in the absence of the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) necessary to replace the goods. presenting the said requirement. 2.
Products of inadequate quality must be replaced with a new product, that is, with a product that has not been used.
Who is to blame for the product malfunction?
Thus, when you use the goods, the Seller’s written refusal to exchange the goods is legal, i.e. your rights are not violated.
Rospotrebnadzor. I wanted to clarify about the complaint to Rospotrebnadzor. As I understand it, this is not the same as a complaint. How is it completed and to whose name should it be sent? Reply with quotation 03/11/2010 17:12 #11 You have no reason to demand anything or complain about anything. Refunds are made no later than 10 days from the date of writing the application. Refunds are made by bank transfer to a bank or other account of the buyer specified by the buyer.
Forbidden
The buyer has the right to make claims regarding the quality of the goods during the entire warranty period or shelf life. If such deadlines are not established, then the goods can be returned within a reasonable time frame established by the Law (within 2 years from the date of purchase).
Items of good quality can be returned for return only within 14 days from the date of purchase, not counting the first day.
This period can only be extended by court if it is proven that the buyer did not actually have the opportunity to submit an application (for example, if he was in the hospital).
If you have made a demand for replacement, repair of a defective product or refund of the amount paid for it, your demands must be fulfilled within 10 working days.
This period may be extended by agreement of the parties or in case of appointment of an examination.
Is it possible to return an incomplete item?
He can agree on these terms with the buyer. The costs of delivering the goods to the place (for example, in Moscow or the Moscow region) remain with the seller. The buyer does not bear them. If you have questions about such situations, ask a lawyer online.
I had to purchase a new Viva nco DM-20 microphone for the amount of 390 rubles. » Unless otherwise provided by the purchase and sale agreement, the seller is obliged, simultaneously with the transfer of the thing, to transfer its accessories to the buyer. I urgently demand that this claim be satisfied by 03/15/2021, otherwise you will face legal proceedings with all legal costs assigned to you, compensation for losses caused to me and compensation for moral damage in accordance with Article 15 of the Federal Law “On the Protection of Consumer Rights”. 03/13/2021 signature. The next day I came to the TEKHNOMARKET store and, explaining the situation, asked to complete the camera with a USB cable. To my surprise, the store employees, without unnecessary conversations or any arguing, put the USB cable in the box with the camera. Well, I’m glad that it all ended this way, since I really didn’t want to bring the matter to a conflict situation. Well, if you ever purchase a product that is not complete, and the seller refuses to voluntarily complete the purchased product, you now have a sample claim.
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Incomplete product set
I bought speakers for my car. Two days later, when installing the speakers in the car, I discovered that the kit was missing wiring. When purchasing, I did not thoroughly check the entire package. I still have the receipt.
You must state your requirements in a written complaint submitted to the seller, indicating a reasonable time frame for fulfilling your requirements. If you request that the goods be completed, and the seller is unable to do this within the time period specified by you, then you have the right to demand the replacement of this product with a complete product, or termination of the sales contract and the return of the money paid for the goods.
27 Jul 2021 jurist7sib 163
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The item was sold incomplete
We paid for the bath in cash and it was delivered within a day. We checked the contents, there was no drain or overflow. I wrote it by hand on the delivery note, there is no drain or overflow. He asked, “Where is the warranty card?” They answered - in boxes! I didn’t check, but in vain. The bathtub was brought into the apartment. Unpacked the box, no warranty card! **** I'm calling. I tell G.T no! They will bring us here every day. A week later they brought the warranty card for the wrong bathroom! **** I called and explained that the warranty card was wrong! They promise to find it and bring it! Endless calls, all sorts of excuses, they seem to have no time to talk now and promise to call back.
Please tell me. Can we return the product and get the money back? How to behave in a store? What to say, what laws to refer to? And what to do if, after all, the store does not want to make a return? Where to go for help? The bathtub was not unpacked.
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Is it possible to return a product of inadequate quality in incomplete configuration?
ORDER dated May 20, 1998 N 160 (as amended by Order of the MAP of the Russian Federation dated March 11, 1999 N 71) “If the seller makes a demand for the return of goods, the entire product is subject to return, i.e. the main product, its components and accessories, with the exception of packaging and wearable accessories that can be used (become unusable) during operation. In each specific situation, the seller can check in what completeness and in which set the product was originally sold. ".
503 of the Civil Code 5. When returning to the buyer the amount paid for the goods, the seller does not have the right to deduct from it the amount by which the value of the goods has decreased due to full or partial use of the goods, loss of their marketable appearance or similar circumstances.
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What can and cannot be returned
According to the law, you can return to the store any purchase with signs of defect, if storage conditions are violated or do not meet established standards:
- spoiled or expired food products;
- medications with damaged packaging, non-working tonometers, thermometers, nebulizers, etc.;
- household chemicals, perfumes in defective containers;
- shoes, clothes with defects;
- complex navigation, satellite, household appliances;
- cars, watercraft, aircraft.
An exception is products of appropriate quality, corresponding to the description and suitable for use.
Personal hygiene items, medicines, underwear, tights and other products listed in Government Decree No. 55 cannot be returned to the seller.
The company may refuse to issue a return if the client decides to return a working snowmobile, car, navigator, satellite television set and other equipment that belongs to the category of complex devices and is included in the list approved by Government Decree No. 924.
At the same time, the quality of the product must comply with current interstate and industry standards and technical specifications approved by the manufacturer.
Is it possible to return an item that is incomplete?
If the type of activity carried out by the manufacturer (seller) is subject to licensing, the consumer must be provided with information about the license number, the validity period of the license, as well as information about the authority that issued the license.
By agreement between the consumer and the seller, an exchange of goods may be provided when a similar product goes on sale. The seller is obliged to immediately notify the consumer about the availability of a similar product for sale. (Clause 2 as amended by Federal Law dated December 21, 2004 N 171-FZ) (see.