The lawyer explained the new rules for calculating compensation for the return of complex goods

Changes in legislation from February 1 in the field of consumer protection will affect the procedure for calculating compensation for the return of technically complex goods. A key innovation will be a more transparent and fair mechanism for determining the amount of compensation in cases where an item needs to be replaced with a similar one. Sofya Lukinova, head of the Legal department of VMT Consult, told Izvestia about this on January 26.

We are talking about products that were released in the same year, have comparable characteristics and have a similar degree of wear. Now, before the amendments come into force, when calculating compensation, the difference with the price of the new analogue is taken into account, without taking into account the age and actual condition of the goods. After the changes, the assessment will be carried out with an eye to the service life and wear. For example, a camera in which a defect appeared after a year of use will be valued at the market value of a similar device with the same service life.

"Motorized vehicles (cars, motorcycles, scooters, snowmobiles), sports or tourist boats, special equipment (tractors, agricultural machinery), navigators, computers and laptops, printers, game consoles, satellite TV equipment, digital televisions, photo and video cameras, large built-in kitchen appliances will fall under the new rules. (refrigerators, coffee machines, ovens, water heaters), etc. The full list is in the decree of the Government of the Russian Federation dated 10.11.2011 No. 924," the lawyer explained.

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Lukinova said that technically difficult goods can be returned within 15 days from the date of purchase or delivery. After this period, a refund is possible only if there are significant defects that were not previously identified, or if the seller was unable to eliminate the defects discovered during operation. The reason for a refund may also be a situation where the product was repeatedly placed with the seller for repair during the warranty year.

If there are obvious defects, a refund is allowed only if the defects reappear after repair or cannot be eliminated. At the same time, it is important for the consumer to have time to make claims before the end of the warranty period.

The expert also noted that the amount of compensation cannot exceed the price of the product. In addition, the seller can avoid a fine of 50% of the amount awarded if he proves that the delay in resolving the dispute was the fault of the buyer, or if the conflict was resolved without going to court.

On the same day, Alexander Khaminsky, a lawyer and head of the Law Enforcement Center in Moscow and the Moscow Region, announced that new rules for the return of low-quality, technically complex goods would be established from February 1. This measure will protect buyers from a situation where, due to inflation or rising prices, they receive back only the amount they paid, but could not purchase a similar product due to changes in value.

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