How to return or exchange a component of a product
How to return or exchange a component of a product
There are goods that area combination of various components and mechanisms, for example, a computer, a car, a refrigerator, etc. In practice, when there are controversial situations concerning the shortcomings of such complex products, there are many questions about whether it is possible to return all the goods if only a part of it is out of order; how to claim, if the components are set different warranty periods, etc.?
Component parts of the goods, or as specified in the Law"On the protection of consumers' rights," the component parts are the elements of a thing that, together with its other constituent parts, are used for a general purpose.
The Civil Code of the Russian Federation states that,the warranty period established for a complex product as a whole is valid for each component of this product. In addition to this, the Law "On Protection of Consumer Rights" stipulates that warranty periods may be set separately for component parts and component parts of the main product. At the same time, it is the right, and not the duty of the seller, to determine the warranty periods for the constituent elements of the goods. The exception is when after the expiration of the warranty period the product may be dangerous.
The named guarantee periods start to flow from the moment of transfer of the goods to the buyer and are suspended for the time of elimination of the defects revealed in them.
If parts of the goods are not installeda separate warranty period, the buyer may require the return or exchange of a defective item during the entire warranty period for the product as a whole. There are cases when the individual parts of the product have a longer warranty period than for the whole product, so you can exchange or return such components during these longer periods.
However, most often the seller establishesshortened warranty period for components. And in such cases, it is necessary to be guided by the text of the contract of sale. If it clearly states that after the expiration of the warranty period for the component parts of the goods, the seller is released from the warranty obligations (free repair, exchange, refund), then the buyer can only declare requirements that are not related, with a guarantee and only if there are significant deficiencies in parts of the product.
It should be noted that due to the discovery of a shortage in the component parts of the goods, during the warranty period, all the goods can be returned or exchanged for it.
Given that the legislation does not obligethe seller at the same time establish warranty periods for the goods and their components, there are cases when the warranty period is defined only for components, and for the product as a whole, the warranty period is absent.
If the consumer has submitted a demand for the exchange of the component part of the product, the seller establishes a new warranty period for it.
