How to get a replacement product during warranty repairs?

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In accordance with the provisions of the Law on the Protection of Consumer Rights (No. 2300-1 of 06/04/2018), the transfer by the buyer of a low-quality product for repair involves the provision of a replacement product (Article 20,). In what cases can you count on receiving a replacement product during warranty repairs, and how to achieve its acquisition will be discussed in the material.

Normative base

There are two cases described in the PPP law in which the consumer has the right to rely on the use of a substitute product item:

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.

1. Clause 2 Art. 20 of the law on ZPP. This legislative norm states that if the consumer sent a written request to the seller/manufacturer for repairs and provision of a similar product item for the entire time, the person who sold the low-quality product undertakes to satisfy it within 3 days. Moreover, an analogue of the product must have identical consumer qualities, and its delivery must be carried out at the expense of the seller.
2. Clause 1 Art. 21 of the law on STDs. If the repair of a product requires a period of no less than 7 days, based on the requirements submitted by the consumer, the manufacturer/seller undertakes to provide a replacement product for the consumer’s use free of charge within three days after receipt of the claim. This rule applies to all product items with the exception of those listed in paragraph 2 of Art. 20 of the law on ZPP.

Features of durable goods

Based on the provisions of the Law “On the Protection of Consumer Rights,” durable goods are those objects whose service life exceeds 3 years from the date of operation.

Durable goods have the following features:

1. The manufacturer of such goods must necessarily indicate the service life of the product during which it can be fully used. In the event of a breakdown before the expiration of this period, it is the manufacturer who will have to eliminate the defect.
2. During the entire period of operation, the product should not pose a danger to others. If for any reason this happens, the manufacturer is obliged to shorten the established permitted service life.
3. Useful life can be measured not only in months, but also in operating cycles or cases of active use.
4. Manufacturers of durable goods are required to produce spare parts for the goods they sell. The service life of parts must be commensurate with the service life of the main product.

Manufacturers of durable goods are required by law to ensure the availability of goods and their components until the end of their specified service life. In the case where this period has not been determined, the limit on the use of the product is set at 10 years.

Thanks to this decree, consumers are guaranteed the right to use purchased goods for a long time.

When is a replacement product issued during warranty repairs?

There are two cases when you can count on using an analogue while the main product is under warranty repair:

• the consumer has drawn up a statement addressed to the seller asking him to replace the low-quality product with an identical model or brand;
• the buyer sent a request to the contractor to provide a replacement product item.

As noted earlier, the manufacturer/seller has only three days to satisfy this requirement. Moreover, the first day is not the day of circulation, but the next after it. If the last day falls on a weekend or holiday, it is transferred to the next working day.

IMPORTANT

Each day of delay in providing a replacement product during warranty repairs is accompanied by the need to pay a penalty, which is prescribed in Art. 23 laws on STDs. If consumer requirements are ignored or delays are allowed, the violator will pay 1% of the price of the product item daily.

The law says that all citizens who have submitted an object of purchase and sale for warranty repairs, which will require more than seven calendar days, have the right to replace a product item. If the transfer of a product item for repair under warranty is carried out by mail, the sending of an analogue is carried out in the same way, and delivery is organized by the party that provided the guarantee at its own expense.

If the replacement stock does not contain the required product, the consumer can count on receiving an item with similar consumer characteristics. Many sellers successfully take advantage of this by giving buyers cheaper product items (for example, regular phones instead of smartphones). If repair time is delayed, the consumer has the right to retain the analogue until the repair work is completed in full.

Lawyer's answers to private questions

Can they refuse to provide me with a replacement smartphone during warranty repairs if I have lost the warranty card?

No. The absence of a coupon is not grounds for refusal of warranty service. You can confirm the purchase of a smartphone from a specific store in other ways: for example, by providing a receipt or a witness.

Can I request a replacement vehicle if the seller is required to provide it under the terms of the purchase agreement and not by law?

Yes, in this case you should be given another car while yours is being repaired.

If I submit equipment for warranty repairs and they give me a replacement, and then it turns out that my case is not covered under warranty, can they demand money from me for using the product from the replacement fund?

No. If you were given a replacement product, this already means that the seller has assumed all obligations and the case is covered under warranty.

I bought a scooter, it broke down, I sent it for repairs. The seller refused to give me a replacement, arguing that it is not provided during diagnostics - only during repairs. Who is right?

You are right. Within the 45-day period established by Art. 20 of Law No. 2300-1, includes all actions of the seller aimed at satisfying the consumer’s request to eliminate deficiencies, including diagnostic time.

I ordered glasses with diopters from the optician. After a few weeks of wearing the socks, a fault was discovered, they are under warranty. Are glasses considered a technically complex product and can I send them in for repair and provide replacements?

No, glasses are not considered a technically complex product. You can send them in for repair and write a request for replacement, which the seller must provide to you within three days.

How to submit a request for an analogue?

IMPORTANT
A verbal request for a substitution is not enough. In order to count on using a similar product during warranty repairs, the consumer must fill out an application and ensure that it is transferred to the customer service center together with the faulty item.

The design follows the classic template:

• first there is a “header” indicating the contact information of the applicant and recipient;
• then the name of the paper is displayed, it looks approximately as follows: “Application for the provision of a similar product for the period of warranty repair”;
• after this, the main part is drawn up, which indicates a request for delivery of an analogue for the entire period of repair activities under warranty;
• It is not necessary to make references to legislative provisions in this document, but in order to enhance the weight of their own appeal, the consumer can refer to Art. 20. the law on sexually transmitted diseases;
• then the word “please” is indicated, after which all the requirements of the declaring party are indicated in the list format (an important role is played by the mention of the issuance of a replacement product item within a three-day time period);
• upon completion of the paper, a date and signature are placed on it, since without these details it simply does not have legal value.

At the final stage, the service center employee is assigned the obligation to assign a number to this document and certify it with a signature.

Durable goods for which replacement is not issued

The list includes several categories:

1. Passenger, water and motorcycle transport. Passenger ground transport includes all vehicles whose purpose is to travel on the road. The exceptions are two- and three-wheeled vehicles, as well as small four-wheeled vehicles. Motorized transport – two-wheeled vehicles whose total weight does not exceed 400 kg (motorcycles, mopeds). Water transport refers to vessels that perform the function of transporting passengers of various categories (boats, tourist vessels). Important! Devices for the movement of disabled citizens (wheelchairs, etc.) are not durable vehicles.
2. Furniture . This category includes interior items intended for storage, sitting, lying (sofas, beds, cabinets, tables, etc.). All these products can be used for a long time.
3. Electrical household appliances intended for medical and sanitary purposes. This category includes: electric razors, hair dryers, medical electroreflectors, heating pads, electric blankets, toothbrushes and other electrical devices that come into contact with the human body.
4. Devices used for preparing food and their heat treatment (electric kettles, microwave ovens, thermopots, etc.).
5. Components and parts of civilian weapons, cartridges, cartridges, etc. (pneumatic weapons, hunting rifles, etc.).

When do they have the right to refuse to provide a replacement product?

Government Decree No. 55 of January 19, 1998 contains a list of durable goods that cannot be replaced (at least the service center is not obliged to provide the consumer with analogues instead):

• vehicles, whether cars, motorcycles, boat accessories, boats and yachts, trailers, etc.;
• interior items;
• weapons, in particular firearms;
• electrical household appliances equipped with heat treatment capabilities (toasters);
• toiletries.

Please note
Despite such legislative provisions, some automobile and other service centers take into account consumer requirements and provide replacement product items, however, they are not required to do this during warranty repairs.

List of products that are not subject to replacement during the warranty repair period

Such a list of goods that cannot be replaced with replacement products was approved by Government Decree No. 55 dated 01/19/98.

It includes:

1. Various types of motor vehicles, such as cars, motorcycles, etc.
2. Any furniture.
3. Household and medical electrical appliances for the body.
4. Electrical cooking devices.
5. Civilian and service weapons, including parts for them.

Important

Motor vehicles intended for disabled people can be replaced at the request of the buyer.

Replacement product during repairs under warranty for a technically complex product

For the entire period of repair work in relation to a product of increased technical complexity, the consumer has the right to demand that another item with identical characteristics and options be provided for temporary use. The deadline for satisfying a claim is similar and is three days from the date of its receipt (but this rule does not apply to all product items).

For your information

To confirm the time during which repairs were carried out, the consumer undertakes to request a supporting document from the seller. If the time period was not displayed, or the consumer did not receive any confirmation at all, the maximum time is equal to 45 days. Without the appropriate document, confirming the date of acceptance of the goods for repair will be problematic.

The duration of repairs carried out under warranty may be increased if this possibility is specified in the agreement. Ignoring deadlines is a common violation. Faced with such circumstances, the consumer can expect to recover the amount of the penalty voluntarily or in court. After the expiration of the time period allotted for repairs, the consumer has the right to demand the return of his funds, which also applies to technically complex goods.

IMPORTANT

The Consumer Rights Protection Law states that a buyer, when sending a technically complex product for repair under warranty, can count on receiving a similar product with the same set of consumer characteristics. GOST R 51303-2013 establishes that consumer property is usually understood as quality, which is manifested in the process of exploitation of the item by the consumer in the course of satisfying needs. Therefore, the seller is not obliged to provide the product of the same model.

Responsibility of the consumer for damage to the replacement product

Despite the fact that the analog product is handed over to the client free of charge, during the period of operation he bears full responsibility for it.

If, through your fault, the product given to you in exchange for the one that is being repaired is broken, lost or scratched, then you will have to pay money for the damage caused.

All items included in the replacement fund are not new. Most likely, they have already been used before you, and more than once. Therefore, when receiving a replacement product, be sure to check its appearance, contents, as well as functionality and include all important details in the acceptance certificate that you will conclude.

If the analogue was damaged during its operation and for this reason the seller refuses to return the product being repaired to you, you can go to court, since this action is illegal:

• First, if you are truly at fault for the replacement item breaking, then you simply have to pay for it. In this case, the store does not have the right to retain the item that belongs to you. If the seller does not make contact, wait until the warranty repair period expires (45 days) and then submit a request for a refund for the product. The store, of course, will refuse you this, and then you can safely go to court, which with a 99% probability will resolve the case in your favor.
• Secondly, if the breakdown was not your fault, you can also go to court. In this case, an examination will be carried out, and all costs will be borne by the losing party.

Now, knowing all the nuances, you can safely demand the provision of a similar product for temporary use if your item is sent for warranty repair or if you are waiting for a replacement for a defective purchase.

Replacement goods for the period of warranty repairs for a legal entity

The right to receive replacement goods during warranty repairs is specified in the ZPP law. This document applies exclusively to individuals. Accordingly, the retail establishment is not obliged to provide a replacement product item to the organization requesting repair of the product.

Attention

However, a legal entity is assigned the right to recover losses associated with the inability to use the goods purchased by it (Article 15 of the Civil Code of the Russian Federation “Compensation for losses”). In addition, if the direct terms of the contract provide for the need to provide a replacement product during warranty repairs, this will still have to be done.

If a commodity item is purchased by a legal entity, the situation may be regulated by the norms of the supply agreement (Article 506 of the Civil Code of the Russian Federation). The terms of this agreement are determined by the interested parties to the transaction. However, the seller, who is interested in preserving the prestige and reputation of the company, can independently add a clause regarding replacement goods to the contract.

Additional questions

Providing the buyer with a phone during repairs

Nowadays, a cell phone is an irreplaceable thing. Most people simply cannot imagine daily existence without it.

But phones often and quickly break down, and for some time a person has to live without it.

What to do when they try to “reanimate” your phone at a service center?

It so happens that citizens often do not even suspect that they have consumer rights. And sellers, accordingly, do not remind about them.

If your phone breaks down and you return it for warranty service, the seller is obliged to give you another one for the duration of the repair.

To exercise this right, write a statement and give it to the seller. The application is written in free form. The phone replacement service is free.

Note! If the seller refuses to comply with your legal request, he faces penalties. What does this mean? Every day the seller must pay the client a penalty, which is equal to 1% of the cost of your phone.

Article 20 of the Law “On Protection of Consumer Rights” contains standards for providing warranty repairs (rules and terms).

Among other things, this article describes the norm for providing the buyer with a similar product during the service of a mobile phone.

This service is provided only at the buyer's request.

A telephone from the replacement fund is issued to the client within 3 days after the product is transferred for repair.

You should not count on the fact that any product is subject to temporary replacement. There is a special list of goods, analogues of which are not issued for temporary use during the warranty period of the client’s product.

This list was approved by Decree of the Government of the Russian Federation No. 55 of January 19, 1998:

• Cars, motorcycles, trailers, etc. The exception is for goods used by disabled people;
• Water transport and pleasure craft;
• A piece of furniture;
• Electrical and medical devices for personal use. Razors, hair dryers, electric blankets and heating pads;
• Weapons (service, civilian).

We remind you that failure to comply with the buyer's requirements will result in the seller having to pay a daily penalty, which is 1% of the value of the goods.

Note! If the contractor does not comply with your request to replace the product with a similar product, or a product from another manufacturer, then he faces a penalty.

To replace a product with a similar one, only 7 days are allocated. Failure to comply with the standards will result in the seller paying a penalty until the buyer receives a replacement (Clause 1, Article 21 of the PZPP).

Repairs are taking too long - what to do?

The Consumer Protection Law specifies that the maximum repair period is forty-five days.

This time period is established by the legislator. The starting point is the day the device is submitted for warranty repair.

The period for delivery of the product by the seller to the service center and its return is included in this time period.

The absence of any details necessary for the work is not grounds for extending the period allocated by law.

After 45 days (it is important that the receipt received upon delivery of the goods indicates the repair period), the citizen may demand:

1. Return the phone to the store and receive the money paid for it.
2. Carry out the procedure of exchanging your old cell phone for a new one (of the same make and model).
3. Penalty payments.

What exactly to demand, a penalty for delaying repairs or replacement of goods, is chosen by the buyer himself. The fine is one percent of the total cost of the product for each day of delay.

If a retail outlet refuses to pay funds, it violates the rights of a citizen. The latter can appeal to the court. If you win, all costs associated with the proceedings will be borne by the seller, and the buyer will be able to receive the funds due to him by law.

Should I be provided with a replacement device during the quality check period?

Let's note two very important details:

• The consumer bears full responsibility for the analogue he received during the repair. Therefore, if you break a replacement product, spoil it, or otherwise render it unusable, you will be subject to retaliatory measures.
• According to consumer protection law, the replacement product must perform all the same functions as your replacement product.

However, it does not have to be absolutely the same.

Who should deliver the similar replacement product? The delivery of a similar product that you are entitled to should be handled by the person who provides warranty repairs. This can be either a seller, a manufacturer, or a service center cooperating with the manufacturer.

When can I file a complaint?

If the store does not provide a replacement product item during the repair of the product under warranty, there are no operational ways to influence it. But there are 2 main options:

• writing a claim for a penalty for the fact of delay in issuing a replacement in the amount of 1% for each day of delay;
• filing a complaint with ROSPOTREBNADZOR, which will give you an answer within 30 days (since during this time the service center usually has time to repair the product, this action is not always advisable).

That is, if the seller, in accordance with the law or the terms of the contract, is obliged to provide a replacement product during warranty repairs, but he did not do this, or did so, but with incomplete compliance with the rules, the consumer has the right to file a claim.

It should contain the following data:

• names/names of the parties – seller and buyer;
• date of purchase of the product item, delivery for repairs, estimated period of repair activities;
• specific requirements presented by the consumer;
• signature.

for failure to provide replacement goods.

When substitution is granted

Replacement during warranty repairs is provided on the basis of paragraph 2 of Article 20 of Law No. 2300-1, if we are talking about durable goods:

• smartphones;
• medical glasses;
• Appliances;
• plumbing;
• heating and water supply equipment;
• electrical appliances;
• radio-electronic equipment;
• Computer Engineering;
• pet care supplies;
• satellite equipment;
• aircrafts.

There is no exact list anywhere, but durable goods are called that because they are designed to be used for a relatively long time.

For example, if you bought a smartphone and it broke, you should be given a replacement while it is being repaired. The same goes for a washing machine, motor cultivator and much more.

A replacement for the duration of repairs under warranty or quality control must be provided within three days from the date of your contacting the store or service center. If you applied for a replacement and it will take more than seven days, the replacement must also be given.

Payment for all procedures related to substitution is borne by the seller. For example, delivery costs. All you have to do is submit an application and get the right thing. In addition, if a product that has a warranty period is repaired, it is extended according to the number of days of repair.

What is a replacement stock of goods?

Replacement fund of goods is a reserve in which goods of substitution value are stored. That is, when handing over, for example, equipment for repair, the consumer can count on being provided with an item with identical consumer properties. In order to take this product and provide it to the buyer during warranty repairs, the seller turns to the replacement fund to find the item he needs.

For your information

So, if the estimated repair period for a product under warranty exceeds 7 days, in accordance with the provisions of Art. 21 of the Law on ZPP, the consumer has the right to demand a replacement. In the accounting department of an enterprise, when creating a PF, certain entries are made. The first of them is Dt10Kt41. And the fact of transfer of goods from the PF to the consumer is recorded by the entry Dt10Kt10.

Requirements for replacement goods

By law, the replacement item must correspond to the basic consumer properties of the product that you sent for repair. But it's not so simple:

1. Most likely, you will be given equipment from the replacement stock that someone else has already used.
2. Don't expect to get a replacement at the same price. For example, when you return your smartphone for repair, another phone may be cheaper. But it definitely must correspond to the functionality.
3. The brand and model of replacement equipment does not matter. You can return your Ariston washing machine for repair and get a Zanussi for a while. And vice versa.

If specific functions in technology are important to you, list them in the application. Most often, store employees try to select a replacement so that there are no scandals with customers later.

I’ll tell you separately about the replacement when sending in an iPhone for repair. During the examination and troubleshooting, the company provides a similar smartphone. If you do not want to repair it, but exchange it, you will be given a new smartphone in the factory film, but without accessories and box. This will be a completely new and original device, released along with other Yabloko products, but sent directly to the ASC, and not to the store. It is intended specifically for replacement in such situations.

How to return defective goods to the store - procedure and deadlines

How to return a technically complex product? Step-by-step return procedure

Fine to a store for not providing replacement goods

If a company that has an obligation to provide a similar product for the warranty period has not fulfilled it, or has not fulfilled it in full, it is obliged to pay a penalty in the amount of 1% of the price of the device being repaired per day. If the company rejects this requirement, the consumer retains the right to file a claim in court, and a photocopied version of the act must be attached to the application.

If administrative proceedings are initiated in the case, in accordance with Art. 14.15 of the Code of Administrative Offenses of the Russian Federation (it regulates situations related to violations of the sale of certain types of commodity items) and Federal Law No. 55 of January 19, 1998, a fine will be imposed. The size is a maximum of 30,000 rubles. for legal entities and 1-3 tr. for individual entrepreneurs.

What is Durable Goods?

In November 2011, a list of technically complex products used by consumers for a long time was published. According to it, durable goods that are subject to the substitution rule include:

If you want to find out how to solve your particular problem, please contact us through the online consultant form or call:

1. Agricultural machinery (tractors, combines, etc.).
2. Aircraft (airplanes, helicopters).
3. Television equipment (TVs, home theaters, etc.).
4. Photo and video equipment, radio-electronic devices.
5. Freezing equipment (refrigerators, chest freezers, display cases, etc.).
6. Satellite equipment.

All technically complex products whose service life exceeds 3 years from the date of manufacture must have a warranty period. If the manufacturer has not specified a different period, the warranty is issued for at least 2 years.

This is also important to know:
Is it possible to cancel the tour and get all the money back?

If, after purchase, the consumer discovers flaws, defects or other deficiencies, he must contact the seller with a request to repair the product and provide a replacement while the defects are eliminated. Such a requirement must be reviewed and satisfied by the store management within 7 days from the date of application.

The estimated duration of repair work is determined by legislative norms and ranges from 7 to 45 days.

If for any reason the repair time for a product increases, a replacement product must be provided to the consumer for the duration of the actual repair work.

Arbitrage practice

If we analyze court proceedings in these disputes, practice shows that penalties imposed on individual entrepreneurs rarely exceed 1,000 rubles. In addition, the guilty parties often try to find justification for their actions. Refusing to pay a penalty, they rely on the fact that the product is in service for 20-30 days awaiting parts, while repairs under warranty last 2-3 days. It turns out that the company is not at all obliged to provide an analogue product, since the repair period is less than 7 days. Therefore, many controversial situations arise.

When a store is not obligated to provide a replacement

There is an approved list of durable goods, during the repair of which the seller is not obliged to provide replacements (Resolution of the Government of the Russian Federation of December 31, 2020 No. 2463 “On approval of the Rules for the sale of goods...”):

• motorcycles and other motor vehicles;
• cars (cars, trucks);
• numbered units for vehicles;
• furniture;
• civilian weapons and ammunition for them;
• electrical household appliances used for personal or medical purposes (razors, curlers, tongs, etc.);
• cut gemstones;
• jewelry made of precious metals or stones.

An exception is a vehicle intended for disabled people: in this case, the store is obliged to provide a replacement for the entire repair period.

Note: The resolution does not oblige the refusal of replacement, but only indicates that goods from it may not be replaced during warranty repairs. But some companies still provide a substitution: for example, car dealers can provide the client with another car, especially if it belongs to the business class. This attitude is mainly characteristic of the premium segment.

Nuances

The main point of concern to consumers is the functionality of the provided analogue during the warranty repair. In the case of technology, for example, sellers often provide consumers with goods of lower quality (for example, a NOKIA feature phone in exchange for a Sony smartphone). On the one hand, the properties of the provided product item are similar, on the other hand, with NOKIA you can only send messages and make calls. If the buyer disagrees with the seller’s position, he has the right to appeal this action and demand the provision of an identical model.

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When can you request a replacement?

Replacement of the product can be requested during the entire warranty period, and in the absence of it - for no more than two years from the date of purchase.

You can request a replacement from the fund in any of these cases, but the consumer needs to know the following subtleties:

1. The seller most likely will not offer to replace it himself, since he is not obliged to do so by law. Therefore, to do this, you need to draw up a written statement yourself; in this case, the store will not be able to ignore the fact of the appeal.
2. Replacement is carried out only if the repair process takes more than a week.
3. There is no right of replacement for out-of-warranty repairs.
4. Goods weighing more than five kilograms must be delivered at the seller's expense.
5. After completion of the work, the warranty is extended for the period during which the product was not used.

What violations may there be?

If the refusal was made unlawfully (the product is not on the established list), then the citizen can contact Rospotrebnadzor (demanding repair and exchange, but not claiming compensation) or the court (if the consumer wants not only to restore his rights, but also to receive from the service center
, the store is liable if consent to issue a replacement product was given, but it was not delivered within three days.

It is important to note that this period includes all the nuances, from search and packaging to courier or postal delivery. If such a delay occurs, the consumer may demand payment of a penalty, which is calculated from the price of the goods for each day in excess of the three established by law.

Some sellers, instead of an agreement on the transfer of replacement goods, enter into a loan agreement with the consumer. This is one of the most common corruption schemes that is used for money laundering, because the loan implies a gratuitous basis, and in the agreement for the transfer of substitute goods there is a property interest of both parties.

How to write an application for a penalty

There are often cases when the seller is ready to immediately pay the penalty.

In order to correctly write an application for a penalty, you must first write down the chronology of events when you contacted the seller, when you wrote an application for the provision of a replacement fund, when the goods were delivered after repair, and calculate the penalty.

How to write an application for a penalty

.

It is worth noting that we write the application after the basic requirement for repairing the product has been fulfilled.

Now you know what to do if you want to receive a replacement fund

PS If you have any questions, write them in the comments!

There are always solutions if you know the laws!

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When can you return an item to the seller or exchange it for a new one?

You can return both liquid and illiquid goods to the store, subject to all conditions, which vary depending on the reason for the return.

If the item has not been unpacked or dropped, that is, it has retained its presentation and consumer and technical properties,
it can be returned to the store within 14 days.
For such a return, you also need to save the packaging (both the product itself and the store’s original packaging).

If the item was found to have a defect that was not the fault of the consumer, then the client can receive the same from the service center on a permanent basis, or receive financial compensation (if the product works, but is partially damaged).

All these nuances must be specified in the guarantee. In the absence of such clauses, you can protect your rights in court, but this process is quite difficult to prove, and no lawyer can give his client a hundred percent probability that the case will be completed in favor of the consumer.

To return or exchange goods, a citizen must provide the store with a document that confirms the fact of purchase (most often a check or receipt from a bank), a written statement and the item itself. In addition, the buyer may be required to provide a copy of his passport, which he must provide to them. This requirement is optional (some stores simply ask to see documents, but do not make a copy).