Returning shoes of inadequate quality to the store: procedure, how to return defective (low-quality) goods, mechanism according to the law

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The times of shortages are long gone, so clothes and shoes on the shelves are offered in a huge assortment. Manufacturers are trying their best to please the most demanding consumers. But behind the bright “shell” there may be an obvious defect that is not noticeable upon purchase. What to do if you have already worn the shoes, but they turned out to be of poor quality or you don’t like them anymore? Is it possible to return the money, or will the seller refuse it? The answers to these questions will be discussed within the material.

Law on the return of shoes after a short wear

The possibility of returning shoes that have already been worn is regulated by the Basic Law on the Protection of Consumer Rights (hereinafter referred to as the CPR), as well as various government regulations and acts.

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• In Art. 25 of the RFP states that the consumer has the right to return a quality product within 14 days from the date of purchase (7 days if the product was purchased in an online store).
• In Art. 21 of the RFP talks about the possibility of replacing shoes of inadequate quality.
• And Government Decree No. 55 of 1998 does not include shoes. Thus, it does not act as a product that could not be exchanged or returned.

How to determine the warranty period?

Unfortunately, warranty periods are not established by law. If there are no established deadlines in the product document, then, according to Article 19 of the current law “On the Protection of Consumer Rights ,” you can return a low-quality product within two years.

Even with an established warranty period, many stores put their own warranty period on the product, bypassing the manufacturer. In such cases, if a product defect is discovered, it is recommended to contact the manufacturer and clarify the actual warranty period. This can be done by phone or via email in the contacts on the company’s website.

Warranty periods may vary depending on the season. If the purchase was made during the season, the warranty period starts from the date of purchase. Such dates for the onset of seasons are regulated by the authorities of the constituent entities of the Federation.

Seasons for Moscow:

• winter season - from November 1;
• spring season - from March 1;
• summer season - from May 1;
• autumn season - from September 1.

When purchasing a shoe product, you must inspect the product for any defects. The client should remember his rights so that store sellers do not play on ignorance of the laws. In this case, the return will not be difficult for the consumer, and the seller will avoid unnecessary proceedings. Sellers also need to know the laws governing trade relations, so that if situations arise with the return of a purchase, they can rely on official documents.

Buyer's rights

The buyer has the right:

• return unworn shoes within two weeks;
• return shoes after wearing them for a short time with any defects found;
• return a worn model of proper quality for subjective reasons (if it rubs, is inconvenient to use, “stains” socks and feet, etc.).

Note
From a legal point of view, the possibility of returning shoes that have been worn to the seller can be carried out on the basis of Law No. 234-FZ (amendments to Article 18).

What is covered by the warranty

When a seller refuses to return low shoes because the zipper is broken, they are violating the law and consumer rights.

The manufacturer guarantees quality:

• materials used, soles;
• seams;
• accessories (zippers, buckles);
• additional elements (heels).

Therefore, you can claim to receive the money spent or a replacement pair even if the heels are damaged. However, in this case, in the claim statement it is important to indicate how long the shoes were worn and to prove compliance with the operating rules.

If the shoes are defective

The most common manufacturing defects in shoes after a little wear are the following:

• cracks in the material, tears in it;
• tissue detachment or swelling;
• significant separation of certain elements - soles, heels, as well as delamination;
• seams that are not straight enough;
• deterioration of paint coating and other factors that worsen the aesthetic appearance of shoes and interfere with their normal use.

It turns out that if the buyer discovered these defective points, he has the right to count on a return, provided that the defect is recognized. At this point, an appropriate examination is often prescribed to help establish the causative factors of the defect.

Purchase recommendations

It is advisable to purchase shoes from a company store. This is due to several reasons:

• An official guarantee is provided there.
• The purchase is confirmed by a receipt.
• The shoes are of high quality.

Although the cost of goods there is usually higher, this is normal for quality products. If you purchase shoes at the market or in a thrift store, returning them will be more difficult. You need to immediately ask the seller for a receipt and a guarantee, otherwise refuse the planned purchase.

An examination should be carried out only if you are sure that the defect arose due to the manufacturer. If it is confirmed that it appeared due to wear or improper storage, the buyer will need to pay for an examination. How long a shoe will last depends on the materials used. But still, during the period required by law, the buyer has the right to contact the store to return products, repair or receive money.

The problem is not that difficult to solve. The main thing is to know your rights and be confident that you are right. Often, it is only because of the buyer’s indecisiveness that the seller does not want to make concessions and replace the defective product.

If the defect was discovered after 14 days

In practice, a situation often occurs when a defect is discovered after 14 days from the date of purchase. In this situation, unscrupulous sellers do not listen to the requests of buyers who apply for a refund for purchased shoes after a short wear, citing the fact that the 14-day period has expired. In fact, there is nothing wrong with this, because the 14-day rule has nothing to do with the quality of the product and has no guarantee. Therefore, any claims against the seller can be made by the buyer:

• during the entire warranty period, if the buyer has a warranty card in hand, in most situations the warranty is provided for a seasonal or monthly period;
• if there is no specific warranty period, the buyer has the right to create a request for the return of defective shoe products within 2 years, starting from the date of purchase (Article 19, paragraph 1).

In any situation, the buyer retains the right to demand from the seller:

• free repair of low-quality goods (Article 20);
• replacing a defective model with a similar high-quality sample (Article 21);
• compensation of funds in full (more details in Article 24 of the LPP).

Attention
If the fact of the presence of defects in the shoes after a short wear is recognized by the seller, he undertakes to carry out repair measures within 10 days. If the seller or manufacturer does not agree with the claim materials, an examination is carried out. According to the Law on the Protection of Consumer Rights (clause 5 of Article 18), the seller or the person who produced the goods undertakes to accept footwear products for examination even if the buyer does not have a receipt document.

How to return shoes to the store

Currently, shoes can be purchased not only by visiting retail outlets in person, but also online. The return conditions in the second situation involve sending the goods or handing them over to the point of issue without explanation. This can be done within 7 days after receiving the goods.

Time is calculated from the moment of delivery or contacting the point of issue. Often this period is specified on the payment page, but if such information is missing, the buyer retains the right to the possibility of returning within an extended period of up to 3 months.

When a purchase is made in a store, 14 days are counted from the next day after payment. Then 2 situations arise:

• the purchased product does not meet the buyer’s requirements, namely, he realized that it does not suit him, but the appearance has not changed;
• the buyer insists on returning low-quality shoes, which are characterized by a manufacturer’s defect or damage occurred through no human fault during the warranty period (seams burst, leather cracked, etc.).

You should separately examine the situation of replacing shoes under warranty or within 14 days based on the reasons for the return. In the case of a warranty, it is understood that the manufacturer sets a certain period for wear, when the consumer has the opportunity to return the shoes if defects are identified. Usually it is 1-2 months, but may be delayed if payment is made out of season. For example, for a summer pair, you should start counting the period in the corresponding months.

The onset of the season is determined by regional authorities, that is, the summer period in the Moscow region will differ from the same time range in the Krasnodar Territory.

Shoes of poor quality

When considering a situation with a product of inadequate quality, it is necessary to take into account the following requirements:

• defects must appear due to defects (for example, it is painted from the inside, which does not comply with GOST for the paint used);
• If the product is used incorrectly, the likelihood of an exchange or return is reduced to zero.

The rules for returning shoes after payment involve presenting a receipt to the store and a warranty card. You can refund the purchase amount if you have a citizen’s identity document. But a different course of events is possible:

• the seller will offer an exchange;
• Part of the paid amount will be returned due to the presentation of goods of lower quality;
• The store will pick up the shoes and fix the defects.

It is not excluded that a situation may arise where the seller refuses to accept the shoes, arguing that the quality of the product is unsatisfactory or the buyer misused the product. Then you can move on to legal proceedings, subject to an examination.

Shoes of proper quality

The rules for the exchange and return of shoes of good quality imply that the buyer retains the right to refund the paid pair or choose another product. Situations often arise when, after a purchase, a size mismatch is discovered or discomfort appears when wearing.

Due to little use, the quality of the shoes remains at the required level, which does not prevent them from being delivered to the store along with accessories (additional insoles, box, receipt). Several ways are possible:

• shoes are exchanged for another pair (the difference in price can be compensated by the seller or the buyer pays extra);
• all amounts previously paid are refundable.

Please note that cases of presentation of goods without boxes are considered on an individual basis. It is recommended not to throw away related accessories for a certain period of time. If there is no packaging, the seller may refuse, then a claim procedure will follow.

When a receipt is lost or thrown away after purchase, it is necessary to prove the fact of payment by having a witness or other means.

Conditions for returning shoes after a short wear

To be able to promptly return a worn item, you need to take into account several rules.

1. It is important that the product is in good presentation and has no traces of dirt or dust.
2. It is advisable that tags and labels remain on the product.
3. It is necessary that the consumer has in his hands the receipt document issued at the time of purchase.
4. It is necessary to deliver the product item within the period established by law. It is 2 weeks. The rule does not apply to warranty items in which defects were discovered after longer wear.

IMPORTANT
If the buyer fulfills all these conditions, the seller has no right to refuse him. It is important that the defects reported by the consumer were the seller's fault in order to qualify for repairs, replacements, or refunds. If the examination proves that the defects appeared during the unfair use of the shoes, then the consumer will not only receive nothing, but will also pay for the examination.

Guarantee period

This is the time during which the seller is obliged to accept the goods if they have lost their properties during proper use. You can return low-quality shoes to the store during the warranty period. The seller informs about this period at the time of payment, and it is also written down in the sales receipt.

The period is not approved by legislative acts, but the warranty period is established by the manufacturer. If there is a manufacturing defect, the company must repair it, provide a different product, or conduct an exchange. When an organization producing footwear products does not regulate this period, a citizen has the right to be guided by Article 19 of the Law on the Protection of Consumer Rights. According to this document, it is possible to apply for a refund within 2 years.

In practice, stores provide fairly short notice when you can return shoes. By law, they must comply with the time ranges regulated by manufacturers. When producing footwear products, enterprises are guided by GOST standards for certain types: for children's shoes, 30 days are established, and for model items it increases to 60-90 days.

When making a purchase, a person can obtain information on the real period by calling the manufacturer’s hotline or its website.

After the warranty period has expired, you will not be able to claim compensation for losses.

When counting, you should first be guided by the seasonality of use. Different regions have different monthly periods. If the product was purchased out of season, then most often it is worth claiming compensation if defects occur from the beginning of the established time. For example, in Moscow, winter boots begin to be worn on November 1, and summer boots on May 1.

Returning shoes after some wear

You should consider the step-by-step instructions on the basis of which shoes are returned after a short wear.

1. The process of returning shoes after minor wear begins with a written complaint on the part of the buyer. It must clearly describe the nature of the defect. This paper becomes legally significant only as soon as the seller makes a note about acceptance of the goods of inadequate quality. Therefore, the document is drawn up in two copies: one remains with the consumer, and the other is sent to the seller.
2. If the seller agrees with your position and supports it, you need to draw up an application form. The application must contain intelligible and reasoned requirements for the endorsement of the act, which helps confirm the fact of the transfer of shoes to the trade worker.
3. If the seller does not agree with the buyer or cannot determine the cause of the damage, he sends the used shoes for examination.
4. Within three days, the seller accepts or rejects the buyer's demands. In the first case, you receive money or other goods; in the second situation, you need to contact human rights authorities or file a lawsuit. This will allow you not only to return the money given, but also to receive compensation for moral damage.

What to do if you refuse to accept shoes back

The law protects the seller just as much as it protects the buyer. The law specifies cases when it will not be possible to return shoes within 14 days:

• if the product has lost its presentation , i.e. the shoes have damage, scratches and scuffs;
• if the shoes have lost their shape or changed color due to improper wear;
• if the shoes show signs of self-repair (except for changing heels);
• if the product was used for other purposes;
• if complete set is not available.

In all other cases, refusal to accept shoes back is unlawful. If the seller refuses to accept a return, then you must:

• submit a claim according to the above algorithm;
• order an examination;
• file a complaint with Rospotrebnadzor, attaching a copy of the complaint, as well as with the Society for the Protection of Consumer Rights;
• file a claim in court.

You should resort to the latter if you want not only to return the shoes back, but also to demand from the defendant the costs of examination, moral damages and other related expenses, as well as to collect a penalty.

In general, returning shoes to a store within 14 days without explanation is a very real task. Sellers know that the buyer’s interests are protected by law, so they rarely refuse to satisfy his demands, especially when they are convinced that the consumer knows his rights. If a return is not accepted, you should file a claim. If there is no response, you can contact regulatory authorities or the court.

When does the seller have the right to refuse a return?

In practice, there are several situations in which the shoe seller has the right to refuse a return. These aspects include:

• the presence of damage that occurred during wearing of product items out of season (for example, due to wearing demi-season models in severe frosts or due to wearing ballet flats, sandals, summer shoes in the rain);
• defects that were revealed as a result of using shoes for other purposes (for example, if a branded model of running shoes was used as special shoes);
• the formation of mechanical damage that was not present at the time of purchase (burnt spots, cuts, cracks, separation at the seams);
• defects that arose due to non-compliance with safety procedures and conditions.

Attention
Also, legally, the seller has the right to refuse if the shoes were subjected to repair work in workshops or at home before filing a claim. The exception is work related to the prevention and replacement of heels.

Failure Cases

There are rules for the sale of certain products that include shoes. According to the law, a refund will be refused in the following cases:

• The shoes are not defective, but due to wear they have lost their presentation.
• There are mechanical damages that appeared due to the fault of the buyer.
• The buyer performed repairs before returning the goods to the seller.
• The shoes have flaws that appear due to inappropriate use.

In other cases, the law protects consumer rights. You need to act persistently, and then everything will definitely work out.

How to write a complaint?

The consumer who has decided to hand over the goods can express his own position orally or in writing. Of course, to make the requirements more likely to be satisfied, it is recommended to create a written document. The claim must contain the following key aspects:

• recipient of the claim (indicate his name, address);
• sender of the letter (you must note your own family and name information, address, contact phone number in order to maintain contact);
• the date on which the purchase was made;
• essence of the defect;
• description of the requirement itself (as already noted, exchange actions, repair work, and refunds can be made);
• You need to sign and put the date on which the call occurred.

It is important to attach the necessary supporting papers to this document. These include checks, tags, and other documents. A corresponding note is created about this. It is necessary to create a duplicate of the documentation so that the seller signs the acceptance on the second sample. Alternatively, you can photocopy the original.

A sample claim looks like this.

Application for returning goods without packaging

The application that the buyer must submit to the seller in order to return a purchase whose quality turned out to be poor does not have a strict legally established form and can be presented in any form convenient for the consumer. The following information must be included in the application:

• seller's name;
• Full name of the consumer;
• when and where the goods were purchased, you can specify the details of the receipt or payment document;
• product name, model, article;
• list of identified deficiencies;
• consumer demand: return money, provide another product or repair the existing one;
• if the goods were paid for using a bank card - account details where the money should be transferred in case of a return.

Nuances

1. If we are talking about low-quality shoes for which the warranty period has not expired, this claim is also relevant.
2. It is best to draw up the document in two copies: one of them is sent to the seller, and the other remains with the consumer.
3. Absolutely any employee of the retail facility where you purchased a pair of shoes will be able to ensure that delivery is marked.
4. If the seller's representative refused your request for a return, you have the right to find the buyer's corner and find out information about the postal address in order to send a letter to the manager.
5. If a pair of shoes was purchased on the market, and the seller refuses to accept the claim, you should write a complaint to the market administration, and subsequently contact the Consumer Union hotline.

Additional information
Consumer protection is an issue that is relevant at all times. To avoid problems and misunderstandings, the buyer should choose shoes more carefully and thoughtfully.

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Response to complaint

If the buyer makes a claim, the seller must:

1. Accept the document.
2. Accept winter shoes that the buyer is not satisfied with. Delivery is made at the expense of the organization. If a warranty claim is made unreasonably, the buyer is obligated to pay all costs.
3. Perform check. It can be carried out in-house or performed with the assistance of a third-party expert.
4. Prepare a response to the complaint.

Please note:
The response can be delivered during a personal meeting or sent to the buyer’s address. The consideration of the claim is carried out in accordance with the norms of the Civil Code of the Russian Federation. The timing of the response depends on what exactly the consumer requires from the seller. If the refund is received, the claim will be considered within 10 days (Article 25 of Federal Law No. 2300-1). If the exchange is 7 days, if the exchange of winter shoes with examination is 20 days (Clause 1 of Article 21 of Federal Law No. 2300-1). If there is an exchange, but the product is not in stock - 30 days (Clause 1, Article 21 of Federal Law No. 2300-1). When the time period comes to an end, the seller is obliged to provide a response.

Refund

If the consumer is proven to be right, his demands must be fulfilled within 7 days. 20 days are given only when an examination is carried out from the moment the application is submitted. Failure to comply with the established period is a direct violation.

Refunds are made immediately if cash payment was made. If it is non-cash, then the time required by the bank to carry out the operation is allotted. As a rule, this takes from 3 to 7 days depending on the bank and should not exceed 10 days from the date of application.

Arbitrage practice

In the presented category it is quite extensive. The main thing you need to have is proof. In this case, the law will remain on the buyer’s side. Sellers do not seek to bring the matter to trial, since if the buyer’s claim is satisfied, the store will incur losses for compensation for damage and funds for conducting an examination.

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What to do if the seller refuses to accept

It often happens that sellers refuse to accept low-quality goods or return money.

Sample claim

There is no specific sample; a large number of different forms are available on the Internet. It is worth compiling the paper in free form. Be sure to indicate:

• date of conclusion of the transaction;
• place of purchase;
• type, model, color, size, cost;
• detected deficiencies;
• information that before the end of the warranty an examination must be carried out to determine the cause of the defect;
• date of compilation and signature.

Deadlines for responding to an application

Any complaint left must be answered within 30 days. If the application has not been responded to during this time, this is a reason to go to court. The seller must notify the applicant of any action (sending for examination, re-inspection, etc.).