I bought a robot vacuum cleaner that turned out to be defective. After the warranty repair, the required part is unavailable, and the store refuses to refund my money. What should I do?
Answer from a legal consultant
Article 8 of the Law of Ukraine “On Consumer Protection” establishes consumer rights in the event of purchasing goods of inadequate quality. According to this article, if defects are discovered within the established warranty period, the consumer has the right—within the procedure and time limits established by law—to demand:
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a proportional reduction in the price;
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free repair of the product defects within a reasonable time;
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reimbursement of expenses incurred in fixing the product defects.
If significant defects are discovered within the warranty period that occurred due to the fault of the manufacturer (seller or service provider), or if the product is counterfeit, confirmed if necessary by an expert examination, the consumer has the right—according to the procedure and deadlines established by law and based on rules or a contract binding for the parties—to demand from the seller or manufacturer, at their discretion:
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termination of the contract and a refund of the amount paid for the product;
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replacement of the product with the same product or with a similar one from those available from the seller (manufacturer).
Taking into account Part 3 of the same article, the consumer may submit the claims specified in Part 1 of this article, at their choice, to the seller at the place of purchase, to the manufacturer, or to the enterprise that satisfies such claims at the consumer’s place of residence.
The consumer has the right to submit one of the claims provided for in Part 1 of this article and, if it is not fulfilled, to submit another claim provided for in the same part.
Therefore, if you are refused warranty or post-warranty service, you should contact the territorial body of the State Service of Ukraine on Food Safety and Consumer Protection (at your place of residence), which is responsible for consumer protection matters. In your complaint, you must indicate the name and location of the business entity whose activities will be subject to review and describe the essence of the issue.
According to Article 16 of the Law of Ukraine “On Citizens’ Appeals,” copies of receipts, existing decisions or copies of decisions previously issued in response to the citizen’s appeals, and other documents necessary for reviewing the complaint must be attached.
If the issue is not resolved by this authority, you should apply to the court to protect your violated rights.