The Purchaser can replace the good.
The purchaser shall have the right, within 14 days upon the date of transfer of non-foods thereto, unless the seller has stated a longer term, to replace the goods, purchased at the point of purchase or other places stated by the seller, with goods of another size, form, color or set by making, in case of price variations, necessary re-calculation with the seller.
In case the seller does not have the goods necessary for replacement, the purchaser shall have the right to return to the seller the obtained goods and receive the amount paid therefor.
The request of a purchaser to replace or to return the goods shall be satisfied, where the goods have not been used, where the goods have maintained their consumer properties and there are proofs on obtaining the goods right from that seller.
The list of goods which have not been replaced or returned on the grounds prescribed by this Article shall be determined as prescribed by law or other legal acts.
The purchaser, to whom goods of improper quality have been sold, where the seller has not defined preconditions on the defects thereof, shall have the right upon own choice to require:
(1) to replace goods of poor quality with the goods of proper quality;
(2) to reduce proportionately the price of goods;
(3) to immediately and gratuitously eliminate defects of goods;
(4) to compensate the expenses for elimination of the defects of goods.
The purchaser shall have the right to require replacement of technically sophisticated goods or luxurious goods only in case of essential breaches of requirements for their quality (Article 491(2) of the RA Civil Code).
In case of detection of defects of goods, the properties whereof do not enable to eliminate them (food goods, household chemicals, etc.), the purchaser shall, upon own choice, have the right to require replacement of such goods with goods of proper quality or proportionate reduction of the price.
3. Instead of raising the claims provided for in points 1 and 2 of this Article, the purchaser shall have the right to refuse executing a retail purchase and sales contract and to require refund of the amount paid for the goods. Moreover, the purchaser must return, upon the demand of the seller and at the latter’s account, the goods of improper quality.
While refunding the amount paid for the goods to the purchaser, the seller shall not have the right to deduct a sum therefrom, in the amount of which the value of goods has decreased as a result of full or partial use, loss of marketable appearance thereof or other similar circumstances.
