Екатерина Чернявская
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Минпромторг России предлагает включить в указанный перечень сушильные машины, комбинированные холодильники-морозильники, встраиваемые микроволновые печи, а также электрические и комбинированные газоэлектрические варочные панели1. Это объясняется необходимостью уточнить его и тем, что в Перечень технически сложных товаров с особым порядком возврата (далее – Перечень), в частности, включены электрические и комбинированные кухонные плиты, которые конструктивно состоят из духовых шкафов и варочных панелей. При этом духовые шкафы, продаваемые в качестве самостоятельного товара, включены в этот Перечень, а варочные панели, которые также являются самостоятельным товаром, – нет (п. 12 Перечня).
Напомним, что при обнаружении недостатков в технически сложном товаре потребители вправе потребовать возврата его стоимости либо потребовать заменить его на товар той же марки (модели, артикула) или на такой же товар другой марки (модели, артикула) с перерасчетом покупной цены в течение 15 дней со дня передачи ему такого товара. По истечении этого срока требования удовлетворяются при обнаружении существенного недостатка товара, нарушении установленных сроков устранения недостатков в нем, невозможности использовать товар в течение каждого года гарантийного срока более чем 30 дней вследствие неоднократного устранения его различных недостатков (абз. 3 п. 1 ст. 18 Закона РФ от 7 февраля 1992 г. № 2300-I «О защите прав потребителей»).
Публичное обсуждение и независимая антикоррупционная экспертиза документа завершатся 25 октября.
Отметим, что в настоящий момент на рассмотрении в Госдуме находится законопроект об установлении запрета на изменение тарифа по договору потребительского кредита.
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1С проектом Постановления Правительства РФ «О внесении изменения в Перечень технически сложных товаров» можно ознакомиться на федеральном портале проектов нормативных правовых актов (ID: 02/07/10-18/00084657).
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