Whether to exchange goods. Returning goods in an online store: figuring out what to do
The consumer does not have the right to return a product of proper quality and demand a refund of the money paid for it simply because he changed his mind. However, under certain conditions, such a product can be returned to the seller from whom it was purchased if the product does not suit you in shape, dimensions, style, color, size or configuration. An exception is some non-food products (for example, personal hygiene items, perfumes and cosmetics, underwear), which are not subject to exchange or return on the specified grounds. It is also impossible to return food products of proper quality (Article 502 of the Civil Code of the Russian Federation; clause 1 of Article 25 of the Law of 02/07/1992 N 2300-1; List approved by Decree of the Government of the Russian Federation of 01/19/1998 N 55).
To return non-food products of proper quality, we recommend following the following algorithm.
Step 1. Make sure the product meets the return conditions
You can return a high-quality non-food product if the following conditions are met (clause 1 of Article 502 of the Civil Code of the Russian Federation; clauses 1, 2 of Article 25 of Law N 2300-1; clause 26 of the Rules, approved by Decree of the Government of the Russian Federation of January 19. 1998 N 55):
1) no more than 14 days have passed since the purchase of the goods, not counting the day of purchase of the goods. The seller may set a longer return period, so information about the terms for returning goods must be clarified with the seller or in the documents for the goods;
2) the goods you purchased have not been used, their presentation, consumer properties, seals, factory labels have been preserved, and there is also evidence of purchasing the goods from this seller - a sales or cash receipt, other documents confirming payment for the goods. At the same time, the absence of these documents does not deprive the consumer of the opportunity to refer to witness testimony;
3) on the day you contact the seller, he does not have a similar product for sale, and therefore an exchange of the product you purchased is impossible.
Step 2. Contact the seller to return the goods to him and receive a refund
You can apply to return the goods at the place where the goods were purchased or to another place announced by the seller (clause 26 of Rules No. 55).
The application form is usually available from the seller and you will only need to fill it out. As a rule, it indicates the full name. buyer, his address, phone number; name of the purchased product; the reason for its return (the product did not fit, and it is impossible to replace it due to the lack of a similar product from the seller on the day of applying for a return); requirement to return the money paid for the goods.
It is advisable to prepare two copies of the application. It is advisable that on one of them the person who accepted the application puts his signature indicating his full name. and position, as well as the date of acceptance of the application and the seal of the seller (if available). Keep this copy of the application for yourself as confirmation of your application to the seller (this may be necessary, for example, in the event of a legal dispute).
Attach to your application a document (a copy thereof) confirming payment for the goods (if available).
Return the item in good quality to the seller and ensure that the return of the item is documented.
If the seller refuses to accept the goods and return the money, and does not document your request, you can draw up a statement yourself. In this case, we recommend sending an application and a copy of the document on payment for the goods (if available) by mail with a notification and a list of the attachment, which will also allow you to confirm the appeal to the seller (clause “b”, clause 10 of the Rules, approved by Order of the Ministry of Telecom and Mass Communications of Russia dated July 31, 2014 N 234).
Step 3. If the seller refuses to resolve the issue voluntarily, go to court
You have the right to file a claim in court to recover money paid for goods of proper quality that did not suit you in shape, dimensions, style, color, size or configuration. You can also demand compensation for moral damage from the seller (Article 15, paragraph 1 of Article 17 of Law No. 2300-1).
Reference. The amount of state duty on claims for the protection of consumer rights
Plaintiffs in claims for the protection of consumer rights are exempt from paying state fees if the value of the claim does not exceed 1 million rubles. If the price of the claim exceeds 1 million rubles, the state duty is paid in the amount calculated based on the price of the claim and reduced by the amount of the state duty payable if the cost of the claim is 1 million rubles. ( clause 3 art. 17 Law No. 2300-1; pp. 4 clause 2 and clause 3 art. 333.36 Tax Code of the Russian Federation).
If the court satisfies your demands that were not fulfilled by the seller voluntarily, the court will collect from the seller a fine in the amount of 50% of the amount awarded to you (clause 6, article 13 of Law N 2300-1; clause 46 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 28, 2012 N 17).
If in 2019 you wondered whether it is possible to return an item back to the seller after purchase (to a store or an individual) and get money, read the article and find out in what cases it is possible to return an item and how to do it.
Important!
Please pay attention to the following:
So, you purchased, but now you want to return the goods and there is a need to return it. Now you need to decide on the following.
The product you purchased turned out to be of poor quality for a variety of reasons, for example:
- factory defects of goods (breakage as a result of manufacturing defects, poorly functioning goods);
- defective coating - the paint has burst or cracked, there has been a scratch;
- individual parts and elements are faulty;
- defects of a different nature that do not allow the use of the product to the extent necessary, etc.
The purchased product is in good working order, but you did not like it due to any characteristics, For example:
- did not like the color of the product, its shape or dimensions;
- not satisfied with its design or the design of individual elements;
- its size, color or configuration, etc. did not fit.
In addition, you should determine whether the purchased product is included in any of the following lists:
Free consultation with a lawyer on returning goods!Legislation is rapidly becoming outdated, and each situation is individual. Save your time and money - call the numbers below, or contact the online consultant in the lower right corner.↘️
It's fast and effective! 👇👇👇Around the clock and free!
IMPORTANT! A free consultation does not oblige you to anything!
In addition, you can use the search on our website for a specific product, there is probably an article about it, or seek free legal advice.
Return of quality goods NPV
Return of low-quality goods
- whether 15 days have passed since the goods were delivered to you;
Important!
Low-quality goods are technically complex goods and special rules apply when returning them.
Return of goods with defects within 15 days from the date of delivery
Important!
The type of defect and its significance in this case does not matter - you have the right to return the product with any defects that arose through no fault of yours, if 15 days have not yet passed from the date of delivery and the warranty period has not expired.
Free consultation with a lawyer on returning goods!Legislation is rapidly becoming outdated, and each situation is individual. Save your time and money - call the numbers below, or contact the online consultant in the lower right corner.↘️
It's fast and effective! 👇👇👇Around the clock and free!
IMPORTANT! A free consultation does not oblige you to anything!
The period for returning the goods in this case is during the warranty period | .
Refund period
The refund period for goods of inadequate quality for which the warranty period has not expired is 10 days from the date of submission of the claim | .
- to the seller
- general passport ();
Important!
Step 3 | Product examination
Important!
Step 4 | Going to court
Step 6 | Receiving the money
- The refund period is 10 days from the date of submission of the claim | ;
- when returning the amount paid to the buyer, he has no right to deduct from it the amount by which the value of the goods has decreased due to full or partial use of the goods, loss of marketability or similar circumstances | ;
- the buyer has the right to demand compensation for the difference between the price of the goods at the time of purchase and the price at the time of return | ;
- if the goods were purchased through a consumer credit (loan), the seller is obliged to return the amount of money paid to the consumer, as well as reimburse the interest and other payments paid by the consumer under the consumer credit (loan) agreement | .
Free consultation with a lawyer on returning goods!Legislation is rapidly becoming outdated, and each situation is individual. Save your time and money - call the numbers below, or contact the online consultant in the lower right corner.↘️
It's fast and effective! 👇👇👇Around the clock and free!
IMPORTANT! A free consultation does not oblige you to anything!
The costs of returning the goods are borne by the seller (authorized person) | .
If any deficiencies are discovered, you have the right to:
Important!
- the disadvantage is ;
Period during which you can return the product
Refund period
Who can make a claim?
A demand for refusal to fulfill the contract and return of the paid amount can be made:
- to the seller– an organization, regardless of its organizational and legal form, as well as an individual entrepreneur selling goods to consumers under a sales contract | ;
- authorized organization or authorized individual entrepreneur– persons authorized by the manufacturer (seller) to accept and satisfy consumer requirements regarding goods of inadequate quality | .
In addition, you can return goods of inadequate quality and demand a refund of the amount paid from:
Documents you need to have with you when making a claim
- general passport ();
- contract for the purchase and sale of goods (if any);
- sales or cash receipt, non-cash payment receipt, other document certifying the fact and terms of purchase.
Important!
The absence of a cash or sales receipt or other document certifying the fact and conditions of purchase of goods in this case is not a basis for refusal to satisfy requests for a refund | .
Who proves the circumstances of the occurrence of defects?
Free consultation with a lawyer on returning goods!Legislation is rapidly becoming outdated, and each situation is individual. Save your time and money - call the numbers below, or contact the online consultant in the lower right corner.↘️
It's fast and effective! 👇👇👇Around the clock and free!
IMPORTANT! A free consultation does not oblige you to anything!
If the product has a warranty period, the seller (authorized person) is responsible for defects in the product unless he proves that they arose:
- after transfer of the goods to the consumer;
- due to consumer violation of the rules for use, storage or transportation of goods, actions of third parties or force majeure.
Thus, the circumstances of the occurrence of defects are proved by the seller (authorized person) | .
Algorithm of actions in the case when the seller (authorized person) agrees to an undisputed refund
Step 1 | negotiations with the seller (authorized person)
In most cases, in order to return the goods back to the seller (authorized person), only your verbal request is required. Many sellers are customer-oriented enough to check for obvious defective goods on the spot and immediately return your money.
If this does not happen, go to Step 2.
Step 2 | Filing a claim (application) for cancellation of the purchase and sale agreement and return of the paid amount
Step 3 | Return of low-quality goods
If you refuse to fulfill the contract for the purchase and sale of goods, the seller (authorized person) has the right to demand that you return the faulty product.
The costs of returning the goods are borne by the seller (authorized person) | .
Step 4 | Receiving money for low-quality goods
When receiving money, please consider the following:
- The refund period is 10 days from the date of submission of the claim | ;
- when returning the amount paid to the buyer, the seller (authorized person) does not have the right to withhold from it the amount by which the value of the goods has decreased due to full or partial use of the goods, loss of marketability or similar circumstances | ;
- the buyer has the right to demand compensation for the difference between the price of the goods at the time of purchase and the price at the time of return | ;
- if the goods were purchased through a consumer credit (loan), the seller is obliged to return the amount of money paid to the consumer, as well as reimburse the interest and other payments paid by the consumer under the consumer credit (loan) agreement | .
Algorithm of actions in the case when the seller (authorized person) does not agree to an undisputed refund of money
Step 1 | Filing a claim (application) for cancellation of the purchase and sale agreement and return of the paid amount
Free consultation with a lawyer on returning goods!Legislation is rapidly becoming outdated, and each situation is individual. Save your time and money - call the numbers below, or contact the online consultant in the lower right corner.↘️
It's fast and effective! 👇👇👇Around the clock and free!
IMPORTANT! A free consultation does not oblige you to anything!
The seller (authorized person) has the right
Step 3 | Product examination
If, after checking the quality of the goods, the seller (authorized person) believes that the consumer is the cause of the defects in the goods, then he (the seller) is obliged to conduct an examination of the goods. Detailed information about the examination can be found on our website.
- The period for conducting the examination is 10 days from the date of presentation of the request.
- The examination is carried out at the expense of the seller (other authorized person).
- The consumer has the right to be present during the examination.
If the consumer does not agree with the expert conclusion, he has the right to challenge it in court.
Important!
if, as a result of the examination of the goods, it is established that its defects arose due to circumstances for which the seller (authorized person) is not responsible, the consumer is obliged to reimburse him for the costs of conducting the examination, as well as the associated costs of storing and transporting the goods | .
Step 4 | Going to court
If the seller (authorized person) does not satisfy your demands pre-trial, you must go to court. Going to court requires legal qualifications, so to conduct a case in court, we recommend turning to professionals.
Step 5 | Enforcement of a court decision
If the seller (authorized person) does not want to voluntarily comply with the court decision, you have the right to choose:
- contact the Federal Bailiff Service of the Russian Federation, which is entrusted with the functions of enforcing judicial acts;
- send the writ of execution to the bank in which the seller (authorized person) has an account.
Step 6 | Receiving the money
When receiving money out of court, the following should be considered:
- The refund period is 10 days from the date of submission of the claim | ;
- when returning the amount paid to the buyer, the seller (authorized person) does not have the right to withhold from it the amount by which the value of the goods has decreased due to full or partial use of the goods, loss of marketability or similar circumstances | ;
- the buyer has the right to demand compensation for the difference between the price of the goods at the time of purchase and the price at the time of return | ;
- if the goods were purchased through a consumer credit (loan), the seller is obliged to return the amount of money paid to the consumer, as well as reimburse the interest and other payments paid by the consumer under the consumer credit (loan) agreement | .
In the event of a refund of the amount paid for the goods in court:
- the amount of recovery is established in a court decision;
- the period and procedure for return are regulated by the legislation on enforcement proceedings.
Step 7 | Return of low-quality goods
If you refuse to fulfill the contract for the purchase and sale of goods, the seller (authorized person) has the right to demand that you return the faulty product if it was not provided earlier.
The costs of returning the goods are borne by the seller (authorized person) | .
Free consultation with a lawyer on returning goods!Legislation is rapidly becoming outdated, and each situation is individual. Save your time and money - call the numbers below, or contact the online consultant in the lower right corner.↘️
It's fast and effective! 👇👇👇Around the clock and free!
IMPORTANT! A free consultation does not oblige you to anything!
If any deficiencies are discovered, you have the right to:
Important!
The type of defect and its significance in this case is of decisive importance - you have the right to return the goods only in the following cases | :
- the disadvantage is ;
- deadlines for eliminating deficiencies were violated;
- it was impossible to use the product during each year of the warranty period for a total of more than thirty days due to the repeated elimination of its various defects.
Period during which you can return the product
Refund period
Who can make a claim?
A demand for refusal to fulfill the contract and return of the paid amount can be made:
- to the seller
- authorized organization or authorized individual entrepreneur
In addition, you can return goods of inadequate quality and demand a refund of the amount paid from:
Documents you need to have with you when making a claim
Who proves the circumstances of the occurrence of defects?
Algorithm of actions in the case when the seller (authorized person) agrees to an undisputed refund
Step 1 | negotiations with the seller (authorized person)
Step 2 | Filing a claim (application) for cancellation of the purchase and sale agreement and return of the paid amount
Step 3 | Return of low-quality goods
If you refuse to fulfill the contract for the purchase and sale of goods, the seller (authorized person) has the right to demand that you return the faulty product.
Free consultation with a lawyer on returning goods!Legislation is rapidly becoming outdated, and each situation is individual. Save your time and money - call the numbers below, or contact the online consultant in the lower right corner.↘️
It's fast and effective! 👇👇👇Around the clock and free!
IMPORTANT! A free consultation does not oblige you to anything!
The costs of returning the goods are borne by the seller (authorized person) | .
Step 4 | Receiving money for low-quality goods
When receiving money, please consider the following:
- The refund period is 10 days from the date of submission of the claim | ;
- when returning the amount paid to the buyer, the seller (authorized person) does not have the right to withhold from it the amount by which the value of the goods has decreased due to full or partial use of the goods, loss of marketability or similar circumstances | ;
- the buyer has the right to demand compensation for the difference between the price of the goods at the time of purchase and the price at the time of return | ;
- if the goods were purchased through a consumer credit (loan), the seller is obliged to return the amount of money paid to the consumer, as well as reimburse the interest and other payments paid by the consumer under the consumer credit (loan) agreement | .
Step 1 | Filing a claim (application) for cancellation of the purchase and sale agreement and return of the paid amount
Step 2 | Product quality check
seller (authorized person) has the right check the quality of the product. Quality control is carried out according to the rules set out in, in which you will find more detailed information.
- The period for quality control is 10 days from the date of submission of the request.
- Quality control is carried out at the expense of the seller (other authorized person).
- The consumer has the right to participate in checking the quality of the product.
Step 3 | Product examination
If the seller (authorized person) believes that the cause of defects in the goods is the consumer, then the consumer is obliged to conduct an examination of the goods in order to establish that the defects of the goods arose before its transfer to the consumer or for reasons that arose before that moment | .
Important!
If the examination establishes that the defects of the goods arose before its transfer to the consumer or for reasons that arose before this moment, the authorized person is obliged to return the money paid for the examination | .
Detailed information about the examination can be found on our website.
Step 4 | Going to court
If the seller (authorized person) does not satisfy your demands pre-trial, you must go to court. Going to court requires legal qualifications, so to conduct a case in court, we recommend turning to professionals.
Step 5 | Enforcement of a court decision
If the seller (authorized person) does not want to voluntarily comply with the court decision, you have the right to choose:
- contact the Federal Bailiff Service of the Russian Federation, which is entrusted with the functions of enforcing judicial acts;
- send the writ of execution to the bank in which the seller (authorized person) has an account.
If you refuse to fulfill the contract for the purchase and sale of goods, the seller (authorized person) has the right to demand that you return the faulty product.
The costs of returning the goods are borne by the seller (authorized person) | .
Step 7 | Receiving the money
When receiving money out of court, the following should be considered:
- The refund period is 10 days from the date of submission of the claim | ;
- when returning the amount paid to the buyer, the seller (authorized person) does not have the right to withhold from it the amount by which the value of the goods has decreased due to full or partial use of the goods, loss of marketability or similar circumstances | ;
- the buyer has the right to demand compensation for the difference between the price of the goods at the time of purchase and the price at the time of return | ;
- if the goods were purchased through a consumer credit (loan), the seller is obliged to return the amount of money paid to the consumer, as well as reimburse the interest and other payments paid by the consumer under the consumer credit (loan) agreement | .
In the event of a refund of the amount paid for the goods in court:
- the amount of recovery is established in a court decision;
- the period and procedure for return are regulated by the legislation on enforcement proceedings.
Return of goods after 2 years from the date of purchase
You can return a product after 2 years from the date of purchase if the following conditions are met.
Period during which you can return the product
Deadline for returning goods in the case under consideration | :
- during the service life established for the product;
- within 10 years from the date of transfer of the goods – If the service life is not established.
Refund period
The refund period for goods of inadequate quality after 2 years from the date of purchase is 10 days from the date of filing the claim | .
Who can make a claim?
A refund request can be made:
- to the manufacturer- manufacturer of goods for sale to consumers | ;
- authorized organization or authorized individual entrepreneur- persons authorized by the manufacturer (seller) to accept and satisfy consumer requirements regarding goods of inadequate quality | ;
- importer– an organization that imports goods for their subsequent sale on the territory of the Russian Federation | .
Documents you need to have with you when making a claim
Who proves the circumstances of the occurrence of defects?
The burden of proof lies with the consumer; he must prove that the defects of the product arose before it was transferred to the consumer or for reasons that arose before that moment | .
Algorithm of actions in the case when an authorized person agrees to a refund
Step 1 |negotiations with an authorized person
The first step is to contact an authorized person with an explanation of the reason for the defect and a proposal to repair the product.
Not very often, but it happens that an authorized person agrees to return the money even after a request for repairs.
Step 2 | Filing a claim (application) to an authorized person for free elimination of product defects
Step 4 | Return of low-quality goods
Step 5 | Receiving money for low-quality goods
When receiving money, please consider the following:
- The refund period is 10 days from the date of submission of the claim | ;
- when returning the amount paid to the buyer, the seller (authorized person) does not have the right to withhold from it the amount by which the value of the goods has decreased due to full or partial use of the goods, loss of marketability or similar circumstances | ;
- the buyer has the right to demand compensation for the difference between the price of the goods at the time of purchase and the price at the time of return | ;
- if the goods were purchased through a consumer credit (loan), the seller is obliged to return the amount of money paid to the consumer, as well as reimburse the interest and other payments paid by the consumer under the consumer credit (loan) agreement | .
Algorithm of actions in case an authorized person does not agree to a refund
Step 1 | Filing a claim (application) to an authorized person for free elimination of product defects
Step 2 | Product examination
If an authorized person believes that the cause of defects in the goods is the consumer, the consumer is obliged to conduct an examination of the goods in order to establish that the defects of the goods arose before its transfer to the consumer or for reasons that arose before that moment.
Step 3 | Filing a claim (application) for the return of the paid amount
Step 4 | Going to court
If the seller (authorized person) does not satisfy your demands pre-trial, you must go to court. Going to court requires legal qualifications, so to conduct a case in court, we recommend turning to professionals.
Step 5 | Enforcement of a court decision
If the seller (authorized person) does not want to voluntarily comply with the court decision, you have the right to choose:
- contact the Federal Bailiff Service of the Russian Federation, which is entrusted with the functions of enforcing judicial acts;
- send the writ of execution to the bank in which the seller (authorized person) has an account.
Step 6 | Return of low-quality goods
When filing a claim for a refund of the amount of money paid, you are required to return the goods.
Step 7 | Receiving money for low-quality goods
When receiving money out of court, the following should be considered:
- The refund period is 10 days from the date of submission of the claim | ;
- when returning the amount paid to the buyer, the seller (authorized person) does not have the right to withhold from it the amount by which the value of the goods has decreased due to full or partial use of the goods, loss of marketability or similar circumstances | ;
- the buyer has the right to demand compensation for the difference between the price of the goods at the time of purchase and the price at the time of return | ;
- if the goods were purchased through a consumer credit (loan), the seller is obliged to return the amount of money paid to the consumer, as well as reimburse the interest and other payments paid by the consumer under the consumer credit (loan) agreement | .
In the event of a refund of the amount paid for the goods in court:
- the amount of recovery is established in a court decision;
- the period and procedure for return are regulated by the legislation on enforcement proceedings.
Return of low-quality goods - etc.
The following circumstances are of fundamental importance when returning goods:
- is there a warranty for the product?
- if the warranty period is established, whether it has expired;
- whether a service life has been established for the product;
- If the service life is set, whether it has expired.
Returning goods with defects during the warranty period
If any deficiencies are discovered, you have the right to:
Important!
The type of defect and its significance in this case does not matter - you have the right to return the product with any defects that arose through no fault of yours, if the warranty period has not yet expired.
Period during which you can return the product
The period for returning the goods in this case is during the warranty period | .
Refund period
The refund period for goods of inadequate quality for which the warranty period has not expired is 10 days from the date of submission of the claim | .
Who can make a claim?
A demand for refusal to fulfill the contract and return of the paid amount can be made:
- to the seller– an organization, regardless of its organizational and legal form, as well as an individual entrepreneur selling goods to consumers under a sales contract | ;
- authorized organization or authorized individual entrepreneur– persons authorized by the manufacturer (seller) to accept and satisfy consumer requirements regarding goods of inadequate quality | .
In addition, you can return goods of inadequate quality and demand a refund of the amount paid from:
Documents you need to have with you when making a claim
- general passport ();
- contract for the purchase and sale of goods (if any);
- sales or cash receipt, non-cash payment receipt, other document certifying the fact and terms of purchase.
Important!
The absence of a cash or sales receipt or other document certifying the fact and conditions of purchase of goods in this case is not a basis for refusal to satisfy requests for a refund | .
Who proves the circumstances of the occurrence of defects?
If the product has a warranty period, the seller (authorized person) is responsible for defects in the product unless he proves that they arose:
- after transfer of the goods to the consumer;
- due to consumer violation of the rules for use, storage or transportation of goods, actions of third parties or force majeure.
Thus, the circumstances of the occurrence of defects are proved by the seller (authorized person) | .
Algorithm of actions in the case when the seller (authorized person) agrees to an undisputed refund
Step 1 | negotiations with the seller (authorized person)
In most cases, in order to return the goods back to the seller (authorized person), only your verbal request is required. Many sellers are customer-oriented enough to check for obvious defective goods on the spot and immediately return your money.
If this does not happen, go to Step 2.
Step 2 | Filing a claim (application) for cancellation of the purchase and sale agreement and return of the paid amount
Step 3 | Return of low-quality goods
If you refuse to fulfill the contract for the purchase and sale of goods, the seller (authorized person) has the right to demand that you return the faulty product.
The costs of returning the goods are borne by the seller (authorized person) | .
Step 4 | Receiving money for low-quality goods
When receiving money, please consider the following:
- The refund period is 10 days from the date of submission of the claim | ;
- when returning the amount paid to the buyer, the seller (authorized person) does not have the right to withhold from it the amount by which the value of the goods has decreased due to full or partial use of the goods, loss of marketability or similar circumstances | ;
- the buyer has the right to demand compensation for the difference between the price of the goods at the time of purchase and the price at the time of return | ;
- if the goods were purchased through a consumer credit (loan), the seller is obliged to return the amount of money paid to the consumer, as well as reimburse the interest and other payments paid by the consumer under the consumer credit (loan) agreement | .
Algorithm of actions in the case when the seller (authorized person) does not agree to an undisputed refund of money
Step 1 | Filing a claim (application) for cancellation of the purchase and sale agreement and return of the paid amount
Step 3 | Product examination
If, after checking the quality of the goods, the seller (authorized person) believes that the consumer is the cause of the defects in the goods, then he (the seller) is obliged to conduct an examination of the goods. Detailed information about the examination can be found on our website.
- The period for conducting the examination is 10 days from the date of presentation of the request.
- The examination is carried out at the expense of the seller (other authorized person).
- The consumer has the right to be present during the examination.
If the consumer does not agree with the expert conclusion, he has the right to challenge it in court.
Important!
if, as a result of the examination of the goods, it is established that its defects arose due to circumstances for which the seller (authorized person) is not responsible, the consumer is obliged to reimburse him for the costs of conducting the examination, as well as the associated costs of storing and transporting the goods | .
Step 4 | Going to court
If the seller (authorized person) does not satisfy your demands pre-trial, you must go to court. Going to court requires legal qualifications, so to conduct a case in court, we recommend turning to professionals.
Step 5 | Enforcement of a court decision
If the seller (authorized person) does not want to voluntarily comply with the court decision, you have the right to choose:
- contact the Federal Bailiff Service of the Russian Federation, which is entrusted with the functions of enforcing judicial acts;
- send the writ of execution to the bank in which the seller (authorized person) has an account.
Step 6 | Receiving the money
When receiving money out of court, the following should be considered:
- The refund period is 10 days from the date of submission of the claim | ;
- when returning the amount paid to the buyer, the seller (authorized person) does not have the right to withhold from it the amount by which the value of the goods has decreased due to full or partial use of the goods, loss of marketability or similar circumstances | ;
- the buyer has the right to demand compensation for the difference between the price of the goods at the time of purchase and the price at the time of return | ;
- if the goods were purchased through a consumer credit (loan), the seller is obliged to return the amount of money paid to the consumer, as well as reimburse the interest and other payments paid by the consumer under the consumer credit (loan) agreement | .
In the event of a refund of the amount paid for the goods in court:
- the amount of recovery is established in a court decision;
- the period and procedure for return are regulated by the legislation on enforcement proceedings.
Step 7 | Return of low-quality goods
If you refuse to fulfill the contract for the purchase and sale of goods, the seller (authorized person) has the right to demand that you return the faulty product if it was not provided earlier.
The costs of returning the goods are borne by the seller (authorized person) | .
Return of defective goods after the expiration of the warranty period (including when the warranty was not established), but within 2 years from the date of purchase
You can return the product even if the warranty period has already expired or has not been established.
If any deficiencies are discovered, you have the right to:
Important!
The type of defect and its significance in this case does not matter - you have the right to return the product with any defects that arose before the goods were transferred to the consumer or for reasons that arose before that moment.
Period during which you can return the product
The period for returning the goods in this case is 2 years from the date of delivery | .
Refund period
The refund period for goods of inadequate quality for which the warranty period has expired (or if the warranty has not been established) is 10 days from the date of submission of the claim | .
Who can make a claim?
A demand for refusal to fulfill the contract and return of the paid amount can be made:
- to the seller– an organization, regardless of its organizational and legal form, as well as an individual entrepreneur selling goods to consumers under a sales contract – clause 2 of Art. 18 PDO;
- authorized organization or authorized individual entrepreneur– persons authorized by the manufacturer (seller) to accept and satisfy consumer requirements regarding goods of inadequate quality - clause. 2 tbsp. 18 PDO.
In addition, you can return goods of inadequate quality and demand a refund of the amount paid from:
Documents you need to have with you when making a claim
Who proves the circumstances of the occurrence of defects?
The burden of proof lies with the consumer; he must prove that the defects of the product arose before it was transferred to the consumer or for reasons that arose before that moment | And .
Algorithm of actions in the case when the seller (authorized person) agrees to an undisputed refund
Step 1 | negotiations with the seller (authorized person)
The first step is to contact the store where you purchased the product or any other official representative with an explanation of the reason for the defect and an offer for a refund.
Not very often, but it happens that the seller (authorized person) in this case agrees to return the money even after a verbal demand.
Step 2 | Filing a claim (application) for cancellation of the purchase and sale agreement and return of the paid amount
Step 3 | Return of low-quality goods
If you refuse to fulfill the contract for the purchase and sale of goods, the seller (authorized person) has the right to demand that you return the faulty product.
The costs of returning the goods are borne by the seller (authorized person) | .
Step 4 | Receiving money for low-quality goods
When receiving money, please consider the following:
- The refund period is 10 days from the date of submission of the claim | ;
- when returning the amount paid to the buyer, the seller (authorized person) does not have the right to withhold from it the amount by which the value of the goods has decreased due to full or partial use of the goods, loss of marketability or similar circumstances | ;
- the buyer has the right to demand compensation for the difference between the price of the goods at the time of purchase and the price at the time of return | ;
- if the goods were purchased through a consumer credit (loan), the seller is obliged to return the amount of money paid to the consumer, as well as reimburse the interest and other payments paid by the consumer under the consumer credit (loan) agreement | .
Algorithm of actions in the case when the store does not agree to an undisputed refund
Step 1 | Filing a claim (application) for cancellation of the purchase and sale agreement and return of the paid amount
Step 2 | Product quality check
seller (authorized person) has the right check the quality of the product. Quality control is carried out according to the rules set out in, in which you will find more detailed information.
- The period for quality control is 10 days from the date of submission of the request.
- Quality control is carried out at the expense of the seller (other authorized person).
- The consumer has the right to participate in checking the quality of the product.
If the seller (authorized person) does not want to carry out a quality check, you should proceed to Step 3.
Step 3 | Product examination
If the seller (authorized person) believes that the cause of defects in the goods is the consumer, then the consumer is obliged to conduct an examination of the goods in order to establish that the defects of the goods arose before its transfer to the consumer or for reasons that arose before that moment |
Consumer rights are so extensive that the buyer can return goods with good reason in the form of detected defects, or not too good reason when the package does not fit. A serious argument for a return is also the provision of false information when selling products.
Many people have heard about the right to return, but not everyone knows how to exercise this right in everyday life. Let us consider the situations of returning high-quality and low-quality goods in more detail.
Rules for returning goods to the store
Most buyers have only general information, knowing that high-quality goods can be exchanged within 14 days, and low-quality goods within two years. However, not everything is so simple. Each specific case has its own return rules.
Stores often inform the buyer that it is impossible to return or exchange a particular product, but the information provided is not always true. In fact, you cannot return an item if:
- A quality product is returned later than the time required by law, or has insufficient grounds for return;
- The eligible purchase being exchanged shows signs of use or wear;
- The detected defects were caused by the fault of the consumer;
- The product has become unusable due to improper installation, configuration or operation. It is important that the buyer receives all necessary written instructions in a timely manner;
- The product, which has a warranty period, was repaired independently, at non-service points.
In other cases, products can be exchanged, returned or repaired at the manufacturer's expense. All of the above rules are directly related to online stores. By the way, you can even apply for an online loan via the Internet to pay for your purchase without leaving your home.
How to return a product of inadequate quality?
Products of inadequate quality are returned to the store if one of the following symptoms occurs:
- The expiration date indicated on the packaging is invalid;
- The integrity of the product is compromised, which impairs its characteristics;
- The information component about the quality and characteristics of the product is partially or completely false;
- Factory defects found;
- The defects present in the purchase were acquired during improper storage or delivery by the seller or supplier.
The rules for returning goods to a store of inadequate quality take into account not only these signs, but also timely contact regarding the return.
If the store is unwilling to accept the purchase back or has doubts about the validity of the replacement, it is necessary to write a complaint in which the consumer is obliged to state his reasons.
Details regarding the legal return of clothing to a store are described in.
Features of returning technically complex goods to the store
Technically complex products include:
- cars;
- motorcycles;
- boats;
- helicopters;
- false household appliances;
- air conditioners;
- means of communication;
- computer;
- TV equipment.
According to the articles of the law on STDs, defective or low-quality complex products can be exchanged in the first 15 days. After this, only service repairs are possible. But in cases where the repair was carried out more than once, and it took more than 30 days a year to complete it, the consumer has the right to raise the issue of partial compensation or replacement of the improper item.
Returning goods to the store within 14 days according to the law
Returning goods of good quality to the store within 14 days under the consumer protection law allows you to request a refund or make an exchange in kind.
In the case of high-quality products, an important condition is the correct reason for the exchange.
You can exchange your purchase for another product if the item does not meet its basic properties. The remaining arguments are considered insufficiently substantiated.
Products belonging to groups cannot be returned:
- food;
- medicinal;
- individual hygiene products.
The returned purchase must be intact and have no signs of wear or use; it must have labels, tags, and seals. Then it is possible.
How to write an application to return goods to a store - sample
An application for exchange or return of products is written by the buyer in any convenient form.
- Store information and personal information, including address, telephone number and name;
- Description of the purchase, when and how it was made;
- Explanation of the reason for the return;
- Mandatory request for a refund or replacement with another position;
- List of attached documents;
- Certification by personal signature;
- Documents include a check, contract, guarantee. In the absence of a receipt, the buyer's right must also be satisfied.
(4
ratings, average: 3,25
out of 5)
Read more
Education in the country is paid and is quite significant for most Russians on the budget, especially if there are two children in the family and almost the same age, who have to pay for education at the same time. The state provides a pleasant bonus in the form of compensation for the money spent on it. This is called a tax deduction. About what is meant by this formulation, what types of education and for whom...
Quite often there is a situation when, after purchasing a certain product, the buyer understands that it does not meet his expectations. The purchase is completely useless, has little functionality and is far from being of the best quality. The buyer faces several questions. How to behave in this difficult situation? And is it possible to get the money spent on the purchase back? Having familiarized yourself with the current...
Not all buyers know their rights and how to return, if necessary, the money spent. Mostly problems arise when you need to return or exchange products of poor quality. Any dispute that may arise between the parties must be resolved within the framework of existing legislation. In the Russian Federation, such situations are regulated by the “Law on the Protection of Consumer Rights”. 1 Process...
Everyone wants the purchased furniture to look as pleasant and beautiful as possible in their home. However, it is not always possible to purchase one that matches both in color and shape, and even fits in size. And everything seemed to be carefully chosen and checked - but still it turns out at home that it’s not right. The question arises whether furniture products are subject to exchange. 1 Is furniture of the correct...
Returning goods to the store can be produced regardless of whether the buyer purchased a high-quality product or a low-quality one. Right returning goods to the store provided for by the provisions of the Federal Law “On the Protection of Consumer Rights” for all persons purchasing goods for personal use. We'll talk about how to return or exchange what you purchased below.
About returning goods within 14 days
When they talk about returning goods to the store within 2 weeks, then you need to understand that such a short period, in accordance with the law, is provided only for the return of quality goods. According to the rules of trade, goods of good quality that are not suitable in color, style, size, dimensions, completeness, etc. can be returned to the seller within 14 days from the date of purchase. In this case, the period begins to be calculated from the day following the day of the transaction.
It should be noted, however, that not every product that meets the quality can be returned. The legislator determines a list of quality goods that cannot be exchanged or returned.
In addition, at the time of return, the goods must retain their original properties: appearance, packaging, labels, tags, and there must also be a sales receipt confirming the fact of the transaction.
That is, if you purchased a quality item, but when you came home you discovered that you “missed” the size, etc., you can return it to the store where it was purchased within the next 2 weeks. At returning goods to the store There is no question of unconditional compensation to the buyer of the purchase price for it; it is also assumed that it can be exchanged for a similar option.
Don't know your rights?
And if there is none, by rules for exchange and return of goods the buyer may, at his own discretion, either terminate the concluded purchase and sale agreement, or exchange the purchased goods later (after receipt of a similar product to the seller). Such provisions are reflected in Art. 25 Federal Law “On Protection of Consumer Rights”.
Returning goods to the store usually carried out on the basis of a statement from the buyer, which briefly states the reason for the return and contains a request for the seller to accept the goods, exchange them, or terminate a previously concluded transaction.
Conditions and rules for exchange and return of goods to the seller if their quality is inadequate
We have talked about the conditions for returning a quality product within 14 days; now we need to move on to how to return a product of inadequate quality.
First you need to determine what should be considered such. A product of inadequate quality is a product that is unsuitable for its intended use or its use is limited. At the same time, according to product return rules, only goods with defects that the buyer was not notified of at the time of purchase should be classified as low-quality. If the buyer is notified of the defects of the product, it will no longer be possible to return it to the store on these grounds.
If you have purchased a product of inadequate quality, the legislator provides you with several options:
- you can exchange it for the same one, but of proper quality;
- you can exchange the product for a similar one with a corresponding recalculation of the purchase price;
- you can independently eliminate the defects of the product and demand compensation from the seller for repair costs;
- give the goods to the seller with a requirement to repair it;
- you can demand a proportionate reduction in the cost of the goods;
- terminate the purchase and sale agreement.
In order to implement returning goods to the store, you must contact the store where you made the purchase (you must have a sales receipt and passport with you) and inform the seller about the violations identified. If you are denied an immediate replacement of the product, you will need to file a claim addressed to the head of the retail outlet, describing the identified deficiencies and indicating the course of action that you have chosen (for example, a request to terminate the sales contract and return the money).
What products cannot be returned due to trading rules?
Only high-quality goods listed in the relevant decree of the Government of the Russian Federation are not subject to return. In accordance with this document, the following groups of goods are not subject to return:
- food;
- technically complex household devices and vehicles (this item includes video equipment, photographic equipment, metalworking and woodworking machines for household use, cars, mopeds, bicycles, agricultural machinery and units for them, etc.);
- jewelry and products made of precious stones, as well as products made of precious metals with precious, semi-precious or synthetic stones;
- household chemicals and other chemicals, including pesticides and chemicals used in agriculture;
- pharmaceutical products (here we mean not only medicines, but also medical supplies that are used for therapeutic and preventive purposes (syringes, needles, tourniquets, splints, etc.));
- products that involve contact with food products, for the manufacture of which polymer materials were used (this group includes kitchen products, food film, containers, etc.);
- textiles (any types of fabrics, lace, braid, etc.), knitted and sewing products (linen, hosiery);
- finishing materials and cable products (wires, cords, linoleum, etc.);
- perfume, cosmetics and personal care products (eau de toilette, perfumes, creams, shampoos, lotions, toothbrushes, combs, wigs, curlers, etc.);
- weapons and additional elements for them;
- animals and plants;
- non-periodical printed publications (books, booklets, etc.).
(3
ratings, average: 1.67
out of 5)
Buying things is a matter of mood, especially when the purchase was not planned. And when an item that, in the light of the store spotlights, seemed the same, but at home, upon closer examination, made a completely different impression, the unlucky buyer is interested in only one question - “Is it possible to return the product if you just don’t like it?”
In this article we will answer the following questions: how is the procedure for returning/exchanging goods regulated at the legislative level? On what grounds and in what time frame can it be done? What documents need to be provided? what kind of statement should I make? Read on.
Legislative regulation
The procedure for exchanging/returning goods is regulated by regulations. According to it, goods purchased by the buyer can be returned to the store, but subject to meeting certain return conditions:
- If it comes to returning a quality product that the buyer simply didn’t like, then it can be done within the first fourteen days from the date of purchase (the report begins on the next day after the purchase) and provided that it does not suit him in shape, color, style, sizes, dimensions or configuration;
It is legally prohibited to return quality goods for other reasons.
Information
This rule does not apply when returning goods of good quality that are included in a separate list of goods that cannot be returned.
- If the buyer wants to return a product that turns out to be of poor quality (Article 18-19 of the Law “On Protection of Consumer Rights”), then the return is carried out at any time, within the warranty period (if any), or within the legally established framework provided for return of defective items, which is two years from the date of purchase. In addition, when returning a low-quality product, the buyer can be guided by the deadline established by its manufacturer or its manufacturer.
Let's consider the procedure for returning each type of product separately.
If the product is of high quality
When returning goods of proper quality within the specified time period, the buyer may require one of the following conditions to be met:
- but suiting it in shape, style, color, size, dimensions or configuration;
- replacing a product you don’t like with a similar product from another company, with the possibility of recalculating the purchase price;
- refund, provided that at the time the buyer contacts the store there is no suitable analogue of the product, and he is not ready to wait until a suitable one becomes available. In this case, the full cost of the product is returned.
In order for the return of a quality item to be successful, you must:
- make sure that the product has retained an acceptable appearance and has no signs of use;
- , confirming the date and place of its acquisition;
- make sure that the product is not on the non-returnable list.
If the check is lost, the consumer can replace it with a witness statement (take with him the person who was present with him at the time of the purchase) or find another document that is an analogue of the check (receipt, price tag, etc.).
- take your passport with you.
When arriving at the store you should:
- Announce to the seller your intention to return or replace the product;
- Provide the product itself, as well as a receipt and guarantee (if any);
- Fill out an application for returning goods in two copies using your passport.
The application form will be provided by the seller himself.
Information
Once the application has been completed and the seller is satisfied that the goods have not been used and are not in marketable condition, the buyer will be provided with several alternatives. Having chosen what they want, the buyer will make an exchange or return their money in exchange for the return of the product itself.
The refund period for goods can range from 3 to 10 days.
If the product is of poor quality
Having discovered a manufacturing defect or some defect in the purchased product the buyer may require:
- for a high-quality analogue;
- exchange low-quality goods for goods of a different brand and value (with recalculation);
- eliminate the defect by submitting it to the store’s service department;
- reduce the cost of goods due to identified defects;
- return the full cost of the product in exchange for the return of the product itself.
When returning an incorrect item, the buyer will need:
- the product itself. Traces of use or slight loss of presentation are acceptable;
- a receipt confirming the date and place of its purchase;
- passport for filling out a return claim;
- warranty card (if available).
When visiting the store you should:
- provide the product and explain why it is defective;
- fill out a claim form for returning goods of inadequate quality in two copies.
If the reason for the defect is not clear at first glance, the seller will offer to send the goods for examination, which will determine the root cause. If the inspection reveals a manufacturing defect, the buyer's requirements specified in the complaint will be fully satisfied. However, if the results of the inspection show that the goods were damaged due to improper use, it is highly likely that the application will be denied.
Loading...
