How to return a product purchased in installments

Many people are familiar with the situation when they really need a specific product, but there is no way to buy it at the moment. It is for such situations that loans and installment plans were invented. Banks are happy to offer their consumers loans for necessary needs.

In fact, many people find this service very convenient. You can pick up the goods now and pay the money later. Another advantage is that you can use a modern new thing now, which you could hardly afford if you had to pay in cash right away.

But it’s worth remembering that any marketing situation is fraught with certain aspects that make you constantly wonder whether it’s worth signing a particular installment agreement or taking out a loan.

Shop - separately, bank - separately

When considering how to return goods purchased on credit, you need to immediately understand that you have a loan agreement with the bank. All issues related to the loan and its closure must be resolved with the credit institution. With the store - questions related to the direct return of purchased goods.

It makes no difference to the store how the item was purchased. After checking the loan agreement concluded at the retail outlet, the bank transfers the full amount of money for the purchase to the seller. And only then the borrower-buyer pays off gradually with the bank. The store received everything at once, and in fact it doesn’t matter how the purchase was made.

Refund deadlines

The request for a refund must be satisfied within 10 days from the date of application, if we are talking about a product of inadequate quality (Article 22 of the Law of the Russian Federation). If you are returning quality products, the money must be returned within 3 days from the date of application (Part 2 of Article 25 of the Law of the Russian Federation)

If the deadlines established for the fulfillment of the buyer's claims are not met, a penalty is charged in the amount of 1% of the cost of the goods for each day of delay (Part 1 of Article 23 of the Law of the Russian Federation).

This is the maximum period; in practice, the issue is resolved faster, depending on the method of payment for the purchase.

Cash

If you paid in cash when purchasing the returned item, if you refuse the item, the money will be returned immediately on the day of purchase. This practice applies if there are no disputes regarding the quality of the goods and the buyer’s right to cancel the sales contract.

Product that can be returned within 14 days

There are goods that can be returned to the store if no more than 14 days have passed since the date of purchase. The main condition is that it should not be included in the list of technically complex items and those that cannot be returned, for example, jewelry. For example, you can return clothes to the store. And it doesn’t matter whether it was purchased on credit or not.

To return goods of proper quality to the store within 14 days, it is important to preserve their presentation, all tags, and original packaging. If this is not done, admission back will be legally refused.

To register, you need to contact the store and express your desire. By law, the seller cannot refuse if the reason complies with the Consumer Protection Law. If the buyer suddenly encounters an impenetrable wall, he needs to file a claim. Keep one for yourself, the other for the seller: on both samples, the second party makes a mark of acceptance. The claim is considered within 10 days.

But in fact, if we are talking about buying on credit, then the organization is quite large, often even federal. Such companies usually do not take risks and comply with all legal provisions. After the buyer contacts, they return the money within 3 business days without any problems.

The money is returned in cash, then you will need to resolve issues with the bank. Ideally, write an application for early repayment.

Where to begin?

A detailed plan on how to return goods purchased in installments or on credit.

Contact the store

First of all, the buyer needs to contact the point of sale and write an application for the return of the purchased product. The seller may offer to exchange the product for a similar one, equal in value or characteristics. You can also insist on an exchange for products of greater or lesser value.

You must have with you an identification document and a receipt confirming the fact of purchasing this particular product. The defective product is returned to the seller.

Drawing up an application/complaint to the seller

The return application or claim is drawn up in two copies . One remains with the seller, the second is taken by the buyer.

It is important that the copy of the application/claim bears the current date of writing and the signature of the seller. It is also necessary to draw up an application for the return of funds that have already been paid by this time.

After accepting the application, the seller has 3 days to return the quality product (Part 2 of Article 25 of the Labor Code) and 10 days to consider the claim (Article 22 of the Labor Code).

Article 22 of Federal Law N 2300-1 of 02/07/1992 “On the protection of consumer rights.” Time limits for satisfying individual consumer requirements

The consumer's demands for a proportionate reduction in the purchase price of the goods, reimbursement of expenses for correcting defects of the goods by the consumer or a third party, return of the amount of money paid for the goods, as well as the requirement for compensation for losses caused to the consumer as a result of the sale of goods of inadequate quality or the provision of inadequate information about the goods, are subject to satisfaction by the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) within ten days from the date of presentation of the relevant demand.

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

8 (800) 350-14-90

Termination of agreement with the bank

If the goods were purchased in installments, there is no need to contact the bank.

If the purchase was made on credit, the fact of returning the product must be reported to the bank. To do this, you need to contact the credit institution and write an application to terminate the contract.

The sooner you write a statement to terminate the contract, the better , since interest will continue to accrue according to the terms of the contract.

Deadlines

The store management considers the complaint, checks the quality of the item, and if there is no doubt about a manufacturing defect, transfers the money no later than 10 days.

More often, situations arise when the management of a retail outlet considers the buyer to be the culprit and orders an expert investigation, which takes an average of 20 days. Further actions will depend on the expert's opinion , who will establish the nature and time of occurrence of the deficiency.

The insurance premium for the product and interest accrued under the loan agreement are not refundable if the return is for a defective product.

If we are talking about a technically complex product

Usually we are talking about household and computer equipment, photographic equipment, and telephones. Quite often, people buy these goods on credit at a retail outlet or in online stores. These things fall into the technically complex category. Returning an item purchased on credit is possible, but not as easy as returning the same clothes.

To return equipment you need a valid reason. It is impossible to give it up because you didn't like it. There must be some kind of defect, only if there is one can the return procedure be carried out.

How do you return a credit item?

1. The buyer, having discovered a defect in the purchased product, has the right to return it within 1 year - this is the warranty period. Some manufacturers increase the warranty to 2-3 years, plus sellers often offer the purchase of an additional warranty.
2. The buyer comes to the retail outlet, brings with him the goods purchased on credit with a box, complete equipment and, most importantly, a warranty card (found in the documents for the equipment).
3. An application for an examination is drawn up on site. Please note that in order to get your money back, an expert examination is required, while sellers often insist on warranty repairs. If you choose the latter, we will discuss a return only if repairs are impossible.
4. The seller sends the equipment for quality control to a specialized center. An examination is carried out within 10 days, and the decision is announced to the buyer.
5. If a technical defect is detected, a refund will be issued. That is, after the notification, you can immediately come to the store and get cash from the cash register. Some can make transfers to current accounts, then the transfer is delivered within 3 days.

If the examination finds that the buyer himself is to blame for the breakdown, he will be refused a refund.

Return of goods by the consumer

Throughout our lives, each of us has to make a large number of purchases. And, unfortunately, not all of them bring positive emotions. Often, unscrupulous sellers, by misleading or concealing the real properties of the product, sell something completely different from what we would like to buy. It also happens that after purchasing an item, an irresistible desire appears to return it or exchange it for the same one, but of a different color or size.

It is worth mentioning right away that the legislator distinguishes two categories of buyers - consumers and those who buy goods for commercial use, that is, entrepreneurs.

Consumers are citizens who buy goods or intend to do so exclusively for themselves, to satisfy their needs, which are in no way related to business, that is, for purposes not related to making a profit from the use of these goods.

The second category (let’s call it “entrepreneurs”) purchases goods and services either for their further resale, processing and other activities that can later bring profit, or for the implementation of the activities of their enterprise. This category includes companies and individual entrepreneurs.

The difference in the legal status of these categories of buyers is due to the fact that consumers are considered to be the weaker party in relations with a specialist seller and therefore are additionally protected by the provisions of the Law of the Russian Federation of 02/07/1992 No. 2300-1 “On the Protection of Consumer Rights”. The relationships between entrepreneurs with each other regarding the purchase of goods and the provision of services (performance of work) are regulated to a greater extent by an agreement between them and the Civil Code of the Russian Federation. Consumers are subject to additional guarantees of their rights and, as a result, restrictions on the rights of sellers compared to those who supply goods for commercial activities. In general, the rule for consumers is “what is not prohibited by law is permitted”; for “entrepreneurs” - “what is provided for in the contract and does not contradict the law is permitted.”

In this article we will talk about the return of goods to the seller by the consumer (about guarantees for consumers, terms for returning goods, the nuances of returning goods of proper and inadequate quality, returning goods purchased on credit or in installments, returning technically complex goods, returning goods under warranty, return options goods without receipt and packaging).

If you are an entrepreneur, we advise you to read the separate article “Return of goods by a legal entity, individual entrepreneur under a supply, purchase and sale agreement.”

Returning goods of inadequate quality

The main condition for returning goods of inadequate quality is the product’s non-compliance with the requirements of regulations (GOSTs, SNiPs, technical specifications, etc.) or the presence of other deficiencies that do not allow the product to be used for its intended purpose and which were not discussed in advance with the buyer.

At the same time, the shortcomings of the product can be significant and insignificant.

A significant defect is a defect that cannot be eliminated in principle, either if the costs of eliminating the defects are disproportionate to the cost of the product, or if the defect is detected repeatedly, even after repair, or if its repair takes a very long time. That is, this is a disadvantage in which it is easier to purchase a new one to use the product for its intended purpose.

As a general rule, if a defect in a product can be eliminated with “little blood”, the buyer of a product of inadequate quality has the right to demand from the seller:

• reduce the purchase price in proportion to the identified deficiencies
• eliminate product defects free of charge within a reasonable time
• reimburse the costs incurred by the buyer to eliminate defects in the goods

If the defect of the goods is significant and does not allow the use of the goods, then the buyer has the right to demand (at his choice):

• refund of the amount paid for the goods
• replacing a product with a functional one

At the same time, a consumer who purchased a product for personal purposes has the right to make demands for a replacement of the product and a refund of the amount paid, regardless of how significant the defect is. The exception is some types of goods, which we will discuss later.

Thus, if a defect in a product is detected, the consumer may demand, at his option:

• reduce the purchase price in proportion to the identified deficiencies
• eliminate product defects free of charge within a reasonable time
• reimburse the costs incurred by the buyer to eliminate defects in the goods
• refuse to fulfill the contract and demand the return of the amount of money paid for the goods
• replace the product with another (quality product)

Requests for the elimination of goods of inadequate quality may be made by the buyer during the warranty period or expiration date.

The expiration date is the period of time after which food products, perfumes and cosmetics, medicines, household chemicals and other similar products are considered unsuitable for their intended use. Guarantee period

- this is the period during which the seller (or manufacturer) guarantees the performance of the product and, in the event of loss of consumer properties through no fault of the buyer, undertakes to eliminate the defects. If such deadlines are not established by the seller and manufacturer, the consumer has the right to demand receipt of goods of proper quality within a reasonable time, but within 2 years from the date of transfer of the goods to him. There is also such a thing as the service life of a product. This category applies only to durable goods. Service life is the period during which the manufacturer undertakes to provide the consumer with the opportunity to use the product for its intended purpose and bear responsibility for significant deficiencies. This period can be calculated in units of time, as well as other units of measurement (kilometers, meters, steps, etc.).

Remember that the warranty period and service life of the product begin to be calculated from the date of direct delivery of the product to the buyer and its installation, assembly, etc. (if applicable). Only if the date of transfer of the goods cannot be determined, these periods can be calculated from the date of manufacture of the goods. For seasonal goods (for example, winter clothing), these periods should be calculated from the beginning of the relevant season.

At the same time, many sellers and manufacturers of goods believe that after the expiration of the warranty period they no longer bear any obligations arising from the sale of goods of inadequate quality. However, this is not quite true. If the warranty period is less than 2 years, then claims to eliminate defects in the product can be submitted within 2 years. However, in this case, you must be prepared to prove that the defects arose before the sale of the product and before the expiration of the warranty period. And even after the expiration of the 2-year warranty period, during the entire service life or if it is not established - within 10 years from the date of receipt of the goods, the consumer has the right to demand elimination of defects in the goods if significant deficiencies are identified that arose before the transfer of the goods to the buyer .

In establishing the causes of a particular breakdown and who is responsible for this breakdown, commodity experts will help, who will conduct an examination of the product and issue a conclusion.

It is also worth immediately debunking another popular myth: even in the absence of a sales or cash receipt, if the packaging of the goods is missing or damaged, the consumer has the right to make demands for repair, replacement or return of goods of inadequate quality. If the receipt is lost and the seller refuses to accept the defective product, the consumer has the right to use any evidence of purchase, including testimony of witnesses.

Return of technically complex goods

It should be especially noted that in the relationship between the entrepreneur-seller and the buyer-citizen, a category of goods is particularly highlighted, which is characterized by technical complexity in manufacturing, repair and operation, and, as a result, features in the return procedure. The list of these goods is established by Decree of the Government of the Russian Federation dated November 10, 2011 No. 924 and includes the following goods:

• Light aircraft, helicopters and aircraft with an internal combustion engine (with an electric motor)
• Passenger cars, motorcycles, scooters and vehicles with an internal combustion engine (with an electric motor) intended for driving on public roads
• Tractors, walk-behind tractors, motor-cultivators, machines and equipment for agriculture with an internal combustion engine (with an electric motor)
• Snowmobiles and internal combustion engine (electric motor) vehicles specifically designed for travel on snow
• Sports, tourist and pleasure vessels, boats, boats, yachts and floating transport vehicles with an internal combustion engine (with an electric motor)
• Navigation and wireless communications equipment for domestic use, including satellite communications, having a touch screen and having two or more functions
• System units, stationary and portable computers, including laptops, and personal electronic computers
• Laser or inkjet multifunction devices, monitors with digital control unit
• Satellite television sets, game consoles with digital control unit
• TVs, projectors with digital control unit
• Digital photo and video cameras, lenses for them and optical photo and film equipment with a digital control unit
• Refrigerators, freezers, washing machines and dishwashers, coffee machines, electric and combined stoves, electric and combined ovens, air conditioners, electric water heaters with an electric motor and (or) microprocessor automation
• Mechanical, electronic-mechanical and electronic wrist and pocket watches, with two or more functions
• Electrified tools (hand and portable electric machines)

If the consumer discovers deficiencies in a technically complex product, then he can, at his choice:

• refuse to execute the purchase and sale agreement and demand a refund of the amount paid for such goods
• make a demand for its replacement with a product of the same brand (model, article) or with the same product of a different brand (model, article) with a corresponding recalculation of the purchase price

However, the consumer has only 15 days to return or exchange any product from this list. If this period has passed, then such goods can be exchanged or returned only in one of the following cases:

• if significant defects of the product were discovered (the significance of the defects is indicated by the signs indicated above)
• if the repair of the product lasted longer than the period established by law (45 days, unless a shorter period is established by the contract with the consumer)
• The product cannot be used for more than 30 days a year due to repeated repairs of various product breakdowns

Step-by-step instructions “Returning a product of inadequate quality by a consumer”

If you find any shortcomings in the purchased product, we recommend following the following procedure:

Step 1. Check the deadline for submitting a claim for product defects

We present a visual algorithm for checking the deadline for submitting claims regarding the quality of a product by the consumer.

Step 2. Make a claim and send it to the seller/importer/manufacturer

With a request for a refund of the amount paid for the goods, the consumer can contact the seller, or the manufacturer, or the importer of the goods (at his choice).

The written claim is drawn up in free form, indicating the full name, address and other contact information of the applicant; data of the seller (manufacturer or importer), name of the product (serial number, if applicable, other individual characteristics), date and place of purchase, method of payment; detected deficiencies, time and circumstances of their discovery; claim to the seller (we select one of the claims indicated above, which the consumer has the right to present), indicate in the claim your bank details for transferring funds. It is necessary to file a claim for the return of goods of inadequate quality and a refund of the money paid for a defective product, if this right is provided for and the deadlines and other conditions for filing this claim, which we discussed above, are met.

We recommend that you attach to your claim copies of documents confirming the purchase and payment of the goods, documents confirming the seller’s warranty obligations (if established).

How to submit a claim to the seller for a refund for a product of inadequate quality?

• submit to the authorized representative of the seller, in this case, the representative puts his signature on the second copy of the claim indicating his full name and position, as well as the date of acceptance of the claim and the seal of the seller (if any). For example, if you submit a claim to a store for a refund to a store employee against signature, it is advisable that the organization’s seal be placed on the return claim. Keep this copy of the claim as confirmation of your appeal to the seller.
• send the claim by registered mail with acknowledgment of delivery and a list of the attachments (indicate the essence of the claim in the list), this option is preferable, as it will allow, in any case, if necessary, to confirm compliance with the claim procedure

Also, at the request of the seller and at his expense, you must return the goods of inadequate quality. Please ensure that the return of the goods is documented (the seller must give you a document confirming its acceptance upon delivery of the goods).

Step 3. Take part in checking the quality of the product

The seller is obliged to accept goods of inadequate quality, having previously explained to the buyer the procedure for returning and accepting such goods. If necessary, the seller checks the quality of the goods. The buyer has the right to participate in checking its quality; it is better to inform the seller in advance in writing about his desire to participate in the check. To do this, we recommend agreeing with the seller on the time and date of its holding. Checking the quality of goods may include an examination. In the event of a dispute about the reasons for the occurrence of defects in the goods, the seller must, at his own expense, conduct an examination of the goods. You have the right to be present when it is carried out, and if you disagree with its results, you can challenge the experts’ conclusions in court.

Note! If the examination reveals that the defects in the goods were not the fault of the seller, you must reimburse the seller for the costs of the examination and the costs of storing the goods and transporting them.

Step 4. Get money for low-quality goods

The period for returning money paid for low-quality goods is established by law and is 10 days from the date of presentation of the claim. When returning funds to the buyer, the seller does not have the right to deduct from them the amount by which the value of the goods has decreased due to full or partial use, loss of marketability or similar circumstances.

Step 5. If the seller refuses to resolve the issue voluntarily, file a claim in court

The statement of claim is filed in a court of general jurisdiction at the consumer’s choice: at the location of the consumer, at the location of the seller, at the place of conclusion of the contract or its execution. When choosing jurisdiction, we recommend that you focus on the practice of a particular court, study the decisions made by the court on similar disputes, and look at the percentage of reduction in penalties for late repayment.

The claim must be accompanied by documents confirming the purchase of the goods, compliance with the claim procedure, the conclusion of an independent expert, if an examination was carried out, as well as copies of the postal receipt and a list of the contents confirming the sending of the claim and documents to the defendant.

In addition to demands for a refund for low-quality goods, the consumer also has the right to present the following demands:

• for compensation for losses caused to you in connection with the sale of low-quality goods, including the difference between the price of the goods established by the retail purchase and sale agreement and the price of the corresponding goods at the time of the court’s decision
• on the collection of a penalty for violating the deadline for the return of funds (the amount of the penalty is established by law, cannot be reduced by agreement with the consumer, the penalty for late return of money for goods is 1% of the price of the goods for each day of delay)
• on the collection of penalty interest for the use of funds
• for the recovery of compensation for moral damage (the amount is indicated by the consumer in the claim at his own discretion, the court determines it according to its conviction in the court decision
• on the collection of a fine for failure to fulfill the legal requirements of the consumer (50% of the amount of return awarded by the court, penalties and other amounts awarded by the court, except for legal expenses)
• compensation for legal expenses (state fees, if paid, legal services, etc.)

State duty when filing a claim in court for a refund for a defective product

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. The consumer must also take into account that when calculating the fee, a fine (50%), compensation for moral damage, and legal costs are not included in the calculation of the cost of the claim. That is, when calculating the cost of the claim, we sum up only the amount of return for defective goods, losses and penalties.

Note! Amounts of penalties and fines paid to citizens in connection with violation of consumer rights are subject to personal income tax. Compensation for moral damage and legal expenses are not subject to personal income tax.

Step 6. Take part in court hearings to protect your interests

The representative needs to protect his interests in court in order to prove his right to return funds and collect other amounts (based on the provisions on the return of defective goods specified above).

Step 7. Obtain a court decision and writ of execution

The court decision comes into force after 1 month from the date of its issuance, unless it has been appealed to the appellate authority. If the decision has been appealed, then it is necessary to wait for the court hearing in the appellate instance. The decision of the appellate court comes into effect on the day it is issued. After the decision enters into legal force, the consumer receives a writ of execution to collect funds and begins searching for the seller’s money (the consumer has the right to apply to the bank where the seller has an account, or to the bailiff service to enforce the court decision). The deadline for executing a court decision to return money for a low-quality product depends on the availability of funds from the seller, his tricks and tricks, as well as on the agility and efficiency of the consumer himself.

Step 1

Check the deadline for submitting a claim for product defects

Step 2

Make a claim and send it to the seller/importer/manufacturer

Step 3

Take part in checking the quality of the product

Step 4

Get money for a low-quality product

Step 5

If the seller refuses to resolve the issue voluntarily, file a claim in court

Step 6

Take part in court hearings to protect your interests

Step 7

Receive a court decision and writ of execution

Returning goods of good quality to the store

It should be said right away that the return of goods of good quality that do not suit the color, size, style, etc., to the supplier by a buyer engaged in business activities is possible only if this is expressly provided for in the contract or by agreement with the seller.

The buyer-citizen has the right to exchange goods of good quality, which do not fit in shape, dimensions, style, color, size or configuration, for a similar product from the seller from whom this product was purchased. The period for exchanging goods is 14 days, which begins to be calculated from the day following the day of purchase.

If a low-quality product can be exchanged without packaging, with damaged packaging, then an exchange of a high-quality product can be carried out only if it has not been used, its presentation and consumer properties, all seals, and factory labels have been preserved.

Also, one of the conditions for exchanging quality goods is the presence of a sales or cash receipt. However, their absence in itself cannot become a basis for refusal, since the buyer can refer to witness testimony.

There is also a special category of goods that cannot be exchanged unless they are defective. Such a list was established by Decree of the Government of the Russian Federation dated January 19, 1998 No. 55. Such goods include goods for the prevention and treatment of diseases at home, personal hygiene items, perfumes and cosmetics, textiles, cable products, construction and finishing materials and other goods sold for footage, sewing and knitted products, polymer tableware, household chemicals, furniture, jewelry, cars and ships, technically complex household goods with warranty periods, weapons, animals and plants, as well as non-periodical publications. The exchange of other goods is not prohibited, that is, it is possible.

If a similar product is not on sale, the buyer has the right not to wait for its delivery and demand a refund of the amount paid for the product without delay. The request for a refund must be satisfied within 3 days from the date of return of the goods.

That is, as a general rule, goods of good quality can be exchanged, and goods of good quality can be returned to the store provided that a similar product is not on sale.

We also note that consumers have another way to return goods, which, although of high quality, do not meet the buyer’s expectations. We are talking about goods when purchasing which the seller did not provide the consumer with sufficient information about its properties, hid it or deliberately distorted it.

Thus, if the consumer was not provided with information during the purchase, for example, about the basic consumer properties of the product, the rules and conditions for its effective and safe use, whether the product was used or whether the defect was eliminated (if such circumstances exist), then the buyer has the right to return such goods to the seller, receiving back the amount of money paid.

Return of goods purchased on credit or installments

When making large purchases, people often resort to the services of banks, obtaining a consumer loan to purchase the desired item, or installment payment provided by the seller. At the same time, the question often arises: “How to return a low-quality product purchased on credit without remaining in bondage to the bank?”

The legislator, understanding the special social significance of relationships between citizens and sellers involving bank funds, provided special rules aimed at protecting consumer rights:

• If a consumer returns a low-quality product for the purchase of which a consumer loan was obtained, the seller returns not only the amount of money paid for the product, but also the interest and other payments paid by the consumer under the consumer loan agreement. But this rule applies if the loan was targeted (for the purchase of a specific product) or a tripartite agreement was drawn up with the bank, or the seller himself issued the loan. If the connection between receiving a loan and a specific purchase is not clearly visible, the consumer cannot demand that the seller return the interest paid on this loan.
• If the consumer returns a low-quality product purchased by him in installments, which was provided by the seller himself, the seller is obliged to return the amount of money paid for the goods (that part of it that has already been paid to the seller), as well as the fee for providing the installment plan (interest, surcharges, etc.). P.).

At the same time, when returning goods that were purchased with credit funds, you should always remember about the third party in the legal relationship - the bank. There are cases when, after returning the goods and receiving funds, the consumer forgets about the agreement with the bank, and is subsequently surprised at the amount of accrued penalties and interest for a seemingly terminated loan.

To avoid such consequences, it is recommended that after returning the goods, you contact the bank with a request to terminate the loan agreement, attaching to your application the documents prepared by the seller upon return.

Return of goods of proper and inadequate quality during distance selling

When selling goods remotely, a retail purchase and sale agreement is concluded on the basis of the buyer familiarizing himself with the description of the goods offered by the seller in catalogues, prospectuses, booklets, or with those presented in photographs or using communication means, including the Internet (for example, in an online store), or in other ways that exclude the possibility of direct familiarization of the consumer with the product or a sample of the product when concluding such an agreement.

The legislator has established a number of features when purchasing goods through distance selling, including when returning goods. The consumer has the right to return to the seller goods purchased remotely. If it is of poor quality, then the consumer has the same rights as with a regular purchase of a product. When returning goods of good quality purchased remotely, the following features apply.

The consumer has the right to refuse goods ordered remotely:

• at any time before its transfer
• within 7 days after delivery of the goods without explanation
• within 3 months from the date of delivery of the goods, if at the time of delivery you were not provided with written information about the procedure and timing for returning the goods

You can return goods of proper quality to the seller within the specified time frame if the conditions for returning goods of proper quality are met (the presentation is preserved, the product does not have individually defined properties due to which it can be used exclusively by you, a document confirming the purchase of this product from this seller, This could be, for example, a consumer bank account statement containing information about the payee, the amount transferred, and other information that allows the purchase to be identified).

Returning goods purchased to order

The legislator has limited the buyer’s right to refuse goods of adequate quality, purchased remotely, if the goods have individually defined properties, if the specified goods can be used exclusively by the consumer purchasing it (that is, “made to order”). At the same time, the law obliges the seller, before concluding a contract, to provide the consumer with information about the basic consumer properties of the product, the address (location) of the seller, the place of manufacture of the product, the full brand name of the seller (manufacturer), the price and terms of purchase of the product, about its delivery, service life, shelf life and warranty period, about the procedure for payment for the goods, as well as about the period during which the offer to conclude a contract is valid, and at the time of delivery, provide in writing all the necessary information about the product provided for by the Law “On the protection of consumer rights.”

If the goods purchased to order do not meet the quality requirements of the contract or standards, then the buyer has the right to return such goods according to the general rules for returning goods of inadequate quality.

Undoubtedly, it is impossible to reveal all the nuances of the infinite number of situations when returning or exchanging goods within the framework of this article. Therefore, if you have any difficulties or questions about returning goods, you can always contact Legal, saving yourself from a long study of the intricacies of legislation and judicial practice.

Don’t have time to deal with the termination of the purchase and sale agreement yourself?

Contact a consumer rights lawyer, we will quickly draw up all the necessary documents, terminate the contract and recover the money. In most cases, payment for our services is made only after collection of money from the seller (receipt of money to the buyer’s account). You can familiarize yourself with the terms of service for returning money for goods here.

What about the loan agreement?

After completing the return procedure in the store, you will need to resolve issues with the bank. The purchase and sale agreement and the loan agreement are two completely different documents, and they must be terminated separately.

In the case of a loan agreement, what to do next is up to the borrower to decide. In general, you can do nothing and pay off the loan in future monthly payments. It turns out that the loan will remain valid, but the purchase agreement will be terminated, the client will receive cash in hand. There is no obligation to close the loan immediately.

But it is still best to repay the loan early after receiving money from the store in order to completely get rid of the obligations. The procedure is as follows:

1. Contact the bank and write an application for full early repayment of the loan. The manager will recalculate and tell you how much to deposit into the account.
2. By the designated date, usually 7-14 days after writing the application or on the day the next monthly payment is written off, you need to ensure the entire required amount in the account.
3. The bank writes off the money and the loan is repaid in full ahead of schedule.
4. Now you need to contact the bank again and get two certificates: about complete closure and about the amount of interest that the borrower ultimately paid. A second certificate will be needed to return this interest to the store.

If insurance was included in the contract, it will need to be returned by writing a statement to the insurance company.

The situation is complicated by the fact that often the bank and the insurer do not have offices in the city of residence of the debtor. Then questions will have to be resolved via the hotline and by sending applications by mail. For a detailed algorithm for remote cancellation of services, please contact the providers of these services.

How to return (exchange) a product - algorithm of actions

If the phone is not suitable for one of the above reasons, it is important to exchange the product and return the money for the service. The algorithm of actions is as follows:

1. Filing a claim and setting up conditions - terminating the agreement with the buyer and returning the product, replacing the phone with a similar device or conducting an exchange. If the reason for such actions is a product malfunction or defect, the claim indicates a requirement to pay interest. The document is drawn up in 2 copies, and on the buyer’s copy, the representative of the retail outlet puts a mark on acceptance of the paper for consideration with the seal of the legal entity. The document is sent by registered mail with the condition of notification upon delivery of the paper. This approach is required if the seller does not accept the claim. If the purpose is to terminate the agreement, the details of the financial institution (creditor) are indicated. If the buyer decides to return the phone, 10 days are allocated for the transfer of money from the date of submission of the claim. In the event that the product is defective or out of order, the claim is submitted with copies of the pledge agreement and consumer loan. In addition, a certificate of the cost of the loan is sent to the store, as well as receipts for payment of interest or other payments under the loan agreement (issued at the credit institution). As for checking the phone for a fault, this work is paid for by the buyer.
2. The next step is to issue a certificate of return of the device (drawn up with the participation of an employee of the outlet). Based on this paper, the banking institution makes a decision on the return of funds. The advance payment is returned from the store's cash register or transferred to the card. As for interest (when returning a faulty product), as well as other payments, they are made after submitting supporting documents. Simply returning the phone breaks the sales agreement. This means that before terminating the loan agreement, the buyer must pay the loan to avoid penalties.
3. The last stage is the termination of banking agreements (pledge and loan). To achieve a result, you need to collect and submit the necessary package of papers (deed and claim). Then the loan and interest for the entire period of the loan are returned to the financial institution. Finally, you need to take a certificate about the loan price and account closure. As soon as this work is completed, an application for the issuance of money is completed. If the amount in the bank's account exceeds what is required to pay off the loan early, the lender transfers the difference in cash without opening accounts or collecting fees.

Remember that until the loan agreement is terminated and the account is closed, payments will have to be made in full.

Is it possible to return an item purchased in installments?

Returning goods purchased in installments is no different from standard returns. Installment is the same loan, only issued under special conditions. That is, first you need to resolve the issue with the store, then deal with the bank.

If we consider the question of whether it is possible to return a product purchased in installments, then this can be done within 14 days, and in the event of a breakdown of a technically complex product during the warranty period.

There are three types of installments:

1. From the store itself. Usually found in small stores. Here the issue will be resolved individually with management.
2. A joint product of a bank and a store. This is a loan that carries interest. But the store makes a discount on the product by the amount of these percentages. Therefore, in the end, when you return, you will receive less money than it was on the price tag, but after that you will be able to return the interest paid.
3. Installment card. There really won't be any interest. Having returned the money, you can simply close the obligation with it. No statements are needed. This is the most convenient option.

Results

Despite the transparency of the legislation, difficulties often arise in the issue of returning a phone. At the same time, to the question of whether it is possible to return a cell phone purchased on credit, the answer is yes. The main thing is to comply with the necessary conditions for returning the phone (the device is faulty, defective, or less than 14 days have passed from the date of purchase). If you simply don’t like the product, you can return it only within up to 2 weeks while maintaining its original appearance and original characteristics. When the specified period expires, you will have to take the phone to a service center, and then proceed according to the algorithm discussed above.

Interest refund

Citizens know that they can return goods purchased on credit, but not everyone is aware that interest paid to the bank can also be returned. This is stated in Article 24, paragraph 6 of the Law on the Protection of Consumer Rights. It is clear that stores do not advertise this at all, since they have to return it out of their own pocket. And only a small part of buyers know about this norm and use it.

When applying for a refund for goods purchased on credit, you must then close the loan and receive a certificate indicating the amount of interest paid. This document must be submitted to the store and an application for refund of the overpayment must be written. The store is obliged to consider the application and return the money.

If the goods purchased on credit were returned within 14 days, then it is clear that the amount of interest for several days will be too small, sometimes it will simply be pointless to bother with it. But if we are talking about a technically complex product, then a return can be carried out even a year after the purchase.

Sometimes it happens that the loan has already been paid in full on schedule, but the product turned out to be faulty. Then, when considering how to return a loan item, be sure to also issue a refund of interest. Considering that POS loans are the most expensive bank loans on the market, the interest amount will be quite large. Sometimes it reaches 50-100% of the initial price of the product.

about the author

Irina Rusanova - higher education at the International East European University in the direction of "Banking". Graduated with honors from the Russian Economic Institute named after G.V. Plekhanov with a major in Finance and Credit. Ten years of experience in leading Russian banks: Alfa-Bank, Renaissance Credit, Home Credit Bank, Delta Credit, ATB, Svyaznoy (closed). He is an analyst and expert of the Brobank service on banking and financial stability. [email protected]

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Compensation

If the seller accepted the claim in favor of the buyer, he must return the money spent on purchasing the goods.

In the case of installments, the amount paid by the buyer is compensated . If he did not spend anything, that is, did not make a down payment, then there will be nothing to compensate.

If the purchase was made with the involvement of a third party, that is, a bank, then the down payment is also compensated. And the money that was paid on the loan must be demanded from the bank.

The money is returned to the bank account that was specified when purchasing the goods, the funds will be compensated to the bank. Refunds must occur no later than 10 days after the request is made.

If you have already managed to repay the loan ahead of schedule, then you also need to claim the spent amount from the bank where the payment was made.

The insurance premium for the product and interest accrued on the loan are not refundable if the return is for a defective product.

What to do if the funds have not been credited to the account?

If the deadlines established by law for the return of funds have already passed, but the money has not arrived in your account or bank accounts, then you can go to court with a statement of claim. To do this, you must provide all the documents that you currently have on this problem.

In addition to the return of the amount paid, the buyer can request compensation for moral damages and a penalty for each day of delay, which is 1% of the total amount of the goods , and if there were several goods, then compensation can be requested for each of them.

If you were sold a low-quality product, you can return it to the store. But you can demand not only the return of the product, but also exchange it for a similar or equivalent one.

The main thing to remember is that you don’t need to delay solving this problem , but contact the store where the products were purchased, then the law will be on your side, and the process of returning the money will not drag on for an indefinite period, but will be completed within the time frame regulated by the law “On the Protection of consumer rights."

Comments: 130

Your comment (question) If you have questions about this article, you can tell us. Our team consists of only experienced experts and specialists with specialized education. We will try to help you in this topic:

Author of the article Irina Rusanova

Consultant, author Popovich Anna

Financial author Olga Pikhotskaya

1. Marina
   10/13/2021 at 04:12 pm Hello, I bought a dishwasher in installments. They were supposed to arrive in 5 days. Well, I changed my mind. Can I terminate the contract? 5 days have passed and the product is still in the store.
   Reply ↓ Anna Popovich
   13.10.2021 at 19:22

   Dear Marina, in accordance with paragraph 4 of Article 497 of the Civil Code of the Russian Federation: unless otherwise provided by law, before the transfer of goods, the buyer has the right to refuse to fulfill any retail purchase and sale agreement specified in paragraph 3 of this article, subject to reimbursement to the seller of the necessary expenses incurred in connection with the performance of actions to fulfill the contract. But it matters how you purchased the product, in a store or remotely.

   Reply ↓

2

Useful tips for the buyer: what to choose – a loan or an installment plan?

In fact, if we talk about installment plans in their pure form, and not about those cases where installment plans mean the execution of an offer agreement that hides a bank loan, then this procedure is much more profitable for the consumer, because:

• All relationships between the seller and the buyer are strictly regulated by Federal Law No. 2300-1 “On Consumer Rights”. This is a kind of guarantee of consumer protection from unauthorized actions of the seller.
• If there is a need to return the product back to the store, you will be refunded your initial payment and the amount that you have already paid at the time of return, according to the installment plan. The contract will be terminated. The bank does not terminate the agreement until the consumer fully repays the loan debt.
• If the loan was issued on the security of the same goods, then if the conditions for repaying the loan are not met, the bank has the right to seize the goods. Next, you will have to decide on your own how to return the money to the bank and at the same time remove the seizure from the purchased goods.

Of course, what is clear is that the seller does not want to face such problems. At a time when, under installment plans, all monetary issues can be resolved, so to speak, “without leaving the cash register,” when the bank acts as an intermediary, it dictates its own rules.

How to get out of this situation:

• It is better to avoid taking out bank consumer loans at all costs. Only at first glance it may seem that the bank wants to solve your problems. However, in this case, the buyer, on the contrary, only faces difficulties, which the bank disputes due to the current banking legislation.
• Before concluding a contract for the purchase of a particular product, be sure to carefully read all the terms of the contract. This way, you can find out all the details about how the goods can be returned, as well as what special conditions will apply to the loan.
• If you nevertheless decide to take the goods in installments, defend your point of view and persistently demand to replace the substandard (low-quality) goods, or to completely terminate the sales contract.
• In the process of returning goods taken on credit, request that a requirement be included in the contract that you be reimbursed for the money and interest that you paid on the bank loan.
• It is mandatory to provide a certificate of return of goods to the bank that acts as a creditor, according to which the loan agreement will be completely terminated.

If a situation arises in which the seller does not want to accept the goods that you purchased in installments or on credit, you have every right to file a lawsuit against him and also demand that you be compensated for the damage caused.