The need to store the box for warranty service

Home/Warranty/Do I need to keep the box for warranty?

After purchasing goods, the consumer returns home with a variety of packaging designed for safe transportation and aesthetic appearance of the items. But bulky packaging materials usually have nowhere to be stored, or they get in the way of everyday life. Therefore, many people strive to get rid of unnecessary cardboard as quickly as possible and recycle it. And when it becomes necessary to return the product under warranty to the store, sellers refuse to accept it due to the lack of packaging. How legal such actions are on the part of the seller and the buyer will be discussed in the material.

Normative base

To understand whether there is a need to preserve the packaging box so that the product can be returned to the store under warranty, you should refer to the current legislation.
Attention! If you have any questions, you can chat for free with a lawyer at the bottom of the screen or call Moscow; Saint Petersburg; Free call for all of Russia.

Art. 481 deserves special attention. Civil Code of the Russian Federation, which states that the seller is obliged to provide the goods to the consumer in special packaging (unless other conditions are specified in the contract). In Art. 502 The Civil Code of the Russian Federation regulates the issue related to the right of return or exchange within 14 days. The same right is spelled out in Art. 25 of the Law on Protection of Consumer Rights. The reason why a consumer may contact a store to exchange and return a product item is because the color, style, shape, or configuration does not suit him.

For your information

Also in Art. 25 of the law on ZPP regulates the provisions that it is possible to receive money or other goods for goods if the consumer has kept the receipt (cheque), labels and seals, proper appearance and consumer properties. In addition, there may not be a receipt for the goods if the buyer can prove the fact of the transaction in another way.

Nothing is said about the packaging for warranty, so it is very difficult to answer the question of whether it is part of the product. But if the return is not under warranty, but within 14 days (when the product is of proper quality), the consumer should have the packaging material with him, which guarantees the preservation of the aesthetics of the product.

Other controversial terms of sale

Some stores refuse to accept equipment without boxes for warranty service.

When purchasing expensive household appliances, the buyer must know his rights. The store provides paid and free services according to certain rules prescribed by law. Any violation will give rise to claims. Let's consider the most controversial conditions for the sale of household appliances:

• Free or even paid connections are not offered in all stores, although this is stated in the law. If, according to the manufacturer's instructions, the equipment requires a professional connection, the store must provide this service, even for a fee. This applies to complex equipment, such as dishwashers and washing machines, hobs, etc. If we are talking about small equipment, for example, a hair dryer or electric kettle, then a store employee must demonstrate the operation of the device.
• Delivery. Most stores offer free delivery to your doorstep, and you are asked to pay extra for lifting to the floor. However, the amount of delivery to the apartment must be strictly regulated by the store and specified in the documents. To calculate it, it is enough to find out the cost of climbing one floor. If the building has an elevator, then this amount is multiplied by two; if not, by the number of floors.
• Familiarization with equipment and availability of instructions. By law, household appliances must be provided with instructions in Russian, and the seller must provide complete information about the operation of all functions and modes. To do this, a demonstration of the work is carried out. If the seller refuses to demonstrate the product, this is a reason to either file a complaint with management or simply refuse to purchase.
• Return conditions. The most disputes arise if the buyer wants to return a serviceable product that does not meet any specifications. Formally, according to Government Decree No. 924, technically complex goods are not subject to exchange or return unless significant quality defects are identified. In practice, stores are more often accommodating: even if the buyer does not get a refund, he can choose a similar product with the desired characteristics. If an analogue costs more, you will have to pay the difference.

What needs to be stored for warranty service of the product?

When returning or exchanging a product item within 14 days from the date of its purchase, the consumer must present a certain set of items to the store:

• receipt confirming the purchase;
• warranty card;
• other documents that were included during the purchase process;
• the goods are in intact form, i.e. without traces of use in the form of dents, chips, scratches, cracks;
• tags, labels, seals;
• original packaging, which is in the same condition as at the time of purchase (Article 25 of the ZPP Law).

If a product item is found to be defective, the buyer must comply with the following conditions:

• providing evidence that the item was purchased specifically on the territory of this retail facility (receipt or witness testimony);
• an indication of existing defects (if necessary, proof that they arose due to a manufacturing defect and not the consumer’s fault, Articles 18-19 of the ZPP Law).

Attention
Based on the above, we can conclude that to return a product under warranty, keeping the box is not a necessary step.

When should I keep the box for warranty?

The consumer must store the box for 14 days from the date of purchase of the product. More precisely, not “should”, but simply “recommended”. After all, sending the item back to the store during this period is usually carried out not under warranty, but due to the fact that certain properties of the product were not suitable for the buyer. Therefore, the presence of commercial packaging will confirm its decent appearance and ensure the safety of consumer properties.

In Art. 25 of the Consumer Rights Protection Law states that the consumer has the right to return or exchange goods within 14 days, not counting the day of purchase, if:

• preserved presentation (no cracks, scratches, dents);
• properties of consumer value are not damaged;
• there are factory labels and seals;
• you have a check or receipt in your hands (if there is testimony, compliance with this condition is not necessary).

As you can see, not a single word is said about the packaging of goods in the law. However, the box is part of the presentation, so its presence is considered mandatory to preserve it. But this rule only applies to the situation when the return/exchange is carried out within the first two weeks from the date of the transaction. The seller has the right to refuse returns and exchanges if the goods are included in the list of items that are not subject to exchange or return (Government Decree No. 55 of January 19, 1998).

If the item is stolen

Another concern is related to smartphones and other expensive equipment. Allegedly, if the gadget is stolen, then without the box the police will not accept the report and will not look for the loss.

Screenshot: Mail.Ru answers. By the way, the author of the topic wrote that he had restored the receipt on which the ID was indicated. The police found and returned the phone.

According to Olga Shirokova, there is no requirement in the law to keep a box and a receipt for such a case. Police officers are required to accept a report of theft or fraud and conduct an appropriate investigation. The IMEI indicated on the box, of course, would be very helpful in finding the gadget. However, nothing prevents you from duplicating it somewhere else, just in case.

When is it not necessary to keep the packaging for warranty purposes?

Please note:
Despite the fact that the legislator reserves the consumer’s right to return a product item under warranty without the original box, not all retail outlets agree to accept it back.

But such acts are illegal and give buyers the right to file complaints/claims to higher authorities . Let's consider several common situations in which the seller explains the decision to refuse due to certain circumstances:

1. Manufacturer's refusal to accept goods without original packaging. The law in this case is 100% on the buyer’s side, since ensuring the product is marketable is the task of the seller, but not the consumer.
2. Availability of an indication of the safety of the product packaging in the warranty card. This is illegal and does not comply with current regulations. The store is obliged to ensure that the goods are accepted under warranty when they are presented in full, and this rule does not apply to the box.
3. Damage to the goods during transportation due to the absence of a box. The consumer has the right to conduct an examination designed to establish the fallacy of such assurance (Clause 5, Article 18 of the law on PPP).

Attention
In paragraph 7 of Art. 18 states that if the weight of a product is more than 5 kg, a citizen has the right to demand from the seller free delivery of commodity items to a retail facility. The condition of the product after transportation will ultimately become the responsibility of the party selling the product. It turns out that if the item is returned to the store during the warranty period, the seller’s requirement for the presence of packaging is unlawful.

Why is it better to leave?

If the packaging does not take up much space and its storage does not involve any difficulties, then you can leave it.

This is done for the purpose that some retail outlets do not agree to accept the goods back without the original packaging. Although in this case the law remains on the side of the consumer.

You can store the box so that there are no unnecessary difficulties when trying to assert your legal rights. In addition, packaging may be needed for personal purposes .

For example, when moving for the safe transportation of household appliances. So, for large-sized products (TVs, refrigerators, ovens), choosing a box is problematic. It will be safer in original packaging.

You can also keep the original box for the purpose of further resale of the product. Such goods are bought more readily and quickly.

Shelf life of the box

In order to avoid disagreements with the seller, the box should still be stored during the first 14 days from the date of purchase, since it acts as an element of presentation. This will allow you to return the goods to the store according to Art. 25 of the law on ZPP. After this time, the packaging may be thrown away, and the seller’s refusal to return or exchange under warranty will be illegal. Indeed, in this case, no requirements or conditions regarding the appearance of the product are imposed, so the box can be disposed of and forgotten.

Tips for using unnecessary containers

Empty boxes can easily become useful and pleasing things to look at . A design that allows materials to be reused is quite relevant:

1. 
   The simplest idea is a pet house. Especially cats who love to explore new spaces will appreciate this craft.

2. You can build a shoe stand, shelves for things, a coffee table. Designers often use cardboard to make furniture and installations. Such products are suitable for people who have recently moved into an apartment and have not had time to purchase everything they need.
3. With imagination and patience, you can build an entire house out of boxes for children to play with or for dolls.

Some TV production companies have begun to print a diagram on the box that makes it easy to assemble various useful household items.

Complaint against store employees in case of refusal to accept goods without a box

If a consumer's rights have been violated, he has the right to file a complaint. The document is executed in two copies in the name of the specialist managing the retail facility. The paper should include the following aspects:

• personal data of the applicant (full name, passport information);
• circumstances of the purchase of the product (time of purchase, terms of use, reasons for refusal of exchange/return);
• the essence of the breakdown (the circumstances under which it happened);
• demands addressed to the seller (usually they include repairs under warranty, exchange of a product item or refund);
• clauses in the form of threats about subsequent contact with the fiscal authorities or coverage of the situation in the media if there is no response from the seller.

on store employees in case of refusal to accept goods without a box.

Each copy of the complaint must bear the signature of a representative of the retail facility. The ZPP law states that the seller is obliged to respond to this letter within 10 days (Article 22 of the ZPP law). If the director of the organization from which the low-quality product was purchased refused to consider the claim, the consumer can safely contact the following retail outlets:

• ROSPOTREBNADZOR (the organization ensures compliance with all consumer legislation);
• society for the protection of consumer rights (will allow the deceived consumer to defend his own rights, doing it legally, and achieve a good result);
• court (the highest body of justice that allows the parties to reach a compromise, ensuring the protection of the rights and interests of each of them).

IMPORTANT
Filing a complaint can occur in person or through the official website of the department. Representatives of the organization ROSPOTREBNADZOR undertake to achieve a solution to this issue within 30 days and report its results to the consumer. If the problem has not been resolved, you can contact the consumer rights protection society. The institution employs highly qualified lawyers who ensure that citizens defend their legal rights.

Initiating proceedings in court is a last resort. This phenomenon is due to the fact that organizing a meeting involves enormous expenditures of time and money. However, in a number of situations, such acts make it possible to ensure that justice prevails and consumer rights are fully respected. Practice shows that in situations involving the preservation of a box for guarantee, the judge tends to side with the buyer.

Free legal advice online

The involvement of lawyers in legal disputes is due to the need to fully protect the personal interests of citizens. As practice shows, citizens avoid legal assistance in order to save money, but in practice this is associated with high costs.

Even citizens with a lawyer's education do not always keep up with current changes in legislation, so it would be advisable to consult a qualified specialist. The convenience is that consultation with a lawyer is free and online. Where and how to get free legal advice?

is provided throughout the Russian Federation. Citizens, residents of the state, as well as non-residents of the country who temporarily reside in the Russian Federation can take advantage of the support.

Moreover, lawyers can advise interested parties outside Russia, but only within the framework of domestic legislation. Legal advice is provided free of charge online around the clock, regardless of weekends and holidays.

The response time from specialists on the website is up to 15 minutes.

There is no need to register on the Internet portal and you can send a personal appeal anonymously.

Attention! The online lawyer provides answers to questions and continues to support the client in the event of further difficulties. Legal advice can be obtained in the following ways: use the online chat service; draw up a contact form for the feedback service; call the hotline.

Arbitrage practice

In practice, it is worth considering several typical situations in which disputes may arise between the parties to a transaction.

1. The consumer returns the product of proper quality within 14 days (according to Article 25 of the law on PPP). If there is packaging and there are no restrictions on returns, the seller is obliged to accept it. If this does not happen, the court will certainly side with the consumer.
2. If there is no packaging for it, the seller has the right to refuse acceptance or exchange. But this does not mean that the buyer should accept such a decision and remain inactive. He can file a complaint with higher authorities, describing the circumstances in detail. In the decision-making process, the court takes into account the terms of the contract, the type of product, the degree of preservation of appearance and consumer properties.
3. The consumer returns a product of inadequate quality under Article 18 of the PPP Law. If the packaging is preserved, there is no doubt that the consumer is right and can expect to receive a similar product or amount of money.
4. If the box is not preserved, this is not a reason for refusal of warranty service by the seller, because the buyer is not obliged to store the box during the entire warranty period.

Procedure and features of returning goods of inadequate quality to the seller

First of all, it’s worth clearing things up. Smartphones and equipment with PCT certification are covered under warranty service in Russia. A device purchased in the USA will be denied warranty service in Russia. If your iPhone was purchased in Russia, then you are under Apple’s protection and can count on a solution to the problems that arise. There is another category - “Europeans” or Eurotest.

All returned packaging must be in good condition, all bags in stock and not damaged by the rude disintegration of the owner in a hurry.

The post was not paid for by Mvideo. It’s just that 3 weeks have passed, and I’m still impressed by the ease with which everything was resolved. Nobody sent me with my mouse (how much time and effort would it take in another store just to prove that I bought this product here?). No one told me: “the cursor moves, the buttons are pressed - it works.”

A report is drawn up and the product is sent for examination of the refusal to the Manufacturer (dealer). After 2 weeks you should receive a response about the Reasons for refusal. It is established whose fault it is, who should pay for the repairs. Agree, it’s strange that in the store the equipment is turned on and operated by a specialist regularly and without complaints, but for the owner of the house after two hours it is faulty, smokes and stinks of insulation.

Let's take it in order, so our safely purchased phone breaks down. I’ll say right away that the phone is now recognized as a technically complex product and now you can’t simply return it within 14 days as before, by saying, for example, that you didn’t like its color! But if any of the declared functions do not work, then trump cards appear in your hands.

Do I need to keep the packaging for IKEA warranty?

The IKEA chain of stores has become in demand and popular in the Russian Federation, thanks to its affordable prices and unique approach to the sale of product items - furniture, accessories and household goods. The work of the customer support department deserves special attention. All stores operating in Russia are interested in respecting consumer rights, since they value their reputation and “earn” their image.

Attention

Products purchased from IKEA in the Russian Federation can be returned or exchanged within 365 days from the date of purchase. To do this, the consumer must have a check and passport in hand. The store’s task is to return money for the product, even if the packaging has been disposed of. However, this standard does not apply to models that have been in use.

Refunds will be made according to the method of payment upon purchase. That is, if the bed was purchased with a credit card, the funds will be credited to it, and if in cash, the seller will give the consumer the amount of cash. Despite such laws, packaging from a product item purchased in a store should still be stored for 14 days. And then you can just throw it away.

Where to keep a bulky box?

When storing the TV packaging at home, it is important to find a suitable place for it. It is necessary that it does not litter the home and does not create obstacles.

In an apartment, storage space can serve as:

• free space in the closet;
• mezzanine;
• balcony;
• sometimes the area under the bed.

In a private house, universal areas for storing boxes are the basement or attic. The containers themselves also do not have to be left empty. The boxes can be filled with necessary things, for example, magazines.

If there are quite a lot of packages, then to save space, they should be folded unassembled. Or make one size into another.

Nuances

Often, the seller needs time to conduct an examination to ensure that the breakdown was not the fault of the consumer. This will allow him to refuse the request or agree to the client’s terms. Any controversial situation may be accompanied by filing a complaint with higher authorities. In Art. 22 of the Law on ZPP states that consumer demands must be satisfied by the seller, manufacturer or authorized organization within 10 days from the date of their presentation.

For your information

Another common question concerns the return of goods of good quality within 14 days without a box. On the one hand, the seller can refuse the consumer due to a violation of the appearance of the goods. From another point of view, he cannot do this, since the packaging does not relate to the product itself. Therefore, the terms of the contract, the nature of the goods and other circumstances under which the return is made are taken into account.

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Purchasing household appliances

Household appliances for the most part belong to the list of technically complex goods and are subject to special conditions for sale, design, operation and maintenance.

Products included in the class of household appliances differ in their cost, as well as in the guarantees that the manufacturer gives to the consumer. When purchasing devices, the buyer must pay attention to:

1. Characteristics.
2. Operating conditions.
3. Warranty period.

The seller is obliged to inform the consumer as much as possible not only about the qualities and properties of the selected product, but also tell him how to properly handle it in everyday life and in case of any problems, service and repair can be obtained.

The sales consultant has a number of instructions for submitting information. When familiarizing yourself with it, it is more of a notification nature, but when purchasing a device, a person is given specific recommendations that should be followed for the quality operation of the product and further cooperation with the seller or manufacturer. The buyer is provided with the equipment itself:

1. Additional components for it.
2. Product documents, including warranty card.

In addition, this type of product requires the presence and provision of original packaging.