Shoe warranty: types, return periods, important aspects

Home/Warranty/On shoes by law in 2021

When buying shoes, a person hopes that they will last a long time. However, in practice this does not always happen. The reason that the product has become unusable may be a manufacturing defect. The shoes come with a warranty. If a manufacturing defect is discovered in 2021, by law the consumer has the right to exchange or return funds. The guarantee must be established in accordance with the requirements of current legislation.

Normative base

The guarantee is established on the basis of the consumer protection law. The regulatory legal act provides a whole range of opportunities to assert rights if they have been violated by the manufacturer or seller. In accordance with Article 5 of Federal Law No. 2300-1, the manufacturer must establish the service life of shoes. It represents a period of time during which a product must retain its qualities and serve properly if it is used for its intended purpose. In 2021, the manufacturer is legally responsible for product defects.

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.

IMPORTANT

Additionally, the law establishes the warranty period for shoes. It represents a period of time during which the buyer has the right to make a claim if there are defects in the goods. In 2021, the right is fixed in the articles of the above-mentioned legal act.

In 2021, the buyer has the right to demand from the seller information about the manufacturer of the shoes. Article 8 of the Federal Law “On Protection of Consumer Rights” obliges to provide information. In accordance with Article 9, the manufacturer of the product is obliged to provide the consumer with the following information:

• product name;
• address;
• availability of state registration;
• Work mode.

Attention
Shoes are manufactured in accordance with GOST requirements.
It reflects the duration of the warranty. For winter shoes it is 30-90 days. The exact period depends on the type of product. At his own request, the manufacturer has the right to extend the period established by law. However, the guarantee should not be less than the GOST requirement.

Alternative conflict resolution options

The store has the right to offer the consumer the following options:

• exchange for the exact same pair of shoes;
• replacement of the model with additional payment;
• repairs at the expense of the seller;
• discount in the amount of the cost of the defective product.

The choice of method for resolving the situation remains with the buyer.

In pursuit of the desired products, the main thing is not to stoop to falsification and deception, and not to try to exchange goods that have been damaged yourself. Otherwise, the case may result in criminal liability. If controversial issues arise in relations with the store, do not give the originals of fiscal receipts and warranty coupons to employees.

Consumer rights

If a person bought low-quality products in 2021, during the entire warranty period of the shoes he has the right to contact the seller with one of the following requirements:

• free elimination of defects in shoes or reimbursement of costs for the process;
• replacement with another product of the same brand;
• proportionate reduction in cost;
• refund for shoes;
• replacement with a product of a similar brand.

Please note:
Initially, you should ask for shoes to be replaced under warranty.
It must be similar or in the same price category as the original purchase. Refunds are made only if the seller cannot replace the defective product with an analogue. It is necessary to contact the organization with a claim if defects are identified in the occurrence of which the buyer is not involved. The seller may send the goods for examination. Based on it, a decision will be made to approve the client’s requirements or refuse to satisfy the claim.

Procedure

To return shoes of inadequate quality to a store, you should approach the process competently and immediately prepare the ground for resolving the conflict through the court. Follow the algorithm.

Contacting the store

We do not recommend wasting time on calls or going to the store “empty-handed”; write a claim right away. The claim is made in free form - write which store you are applying to, indicate your full name and contact phone number. In the subject part, indicate when you bought the shoes, when the defect appeared and what you want - repair, refund, replacement. Describe the defect in detail and attach photographs to the claim. And keep copies of the photos with you in case the seller tries to somehow damage the shoes. Indicate that you would like to be present during the product quality control procedure if the seller decides to conduct one. Prepare two copies - give one to the store, and keep the other with the seller’s note of acceptance.

Take this complaint to the store, but before communicating with the seller, turn on the video recording on your phone. The ideal scenario is for the seller to take the claim, check the shoes on the spot and return the money. Perhaps he will accept the shoes for inspection. Or they will immediately refuse to return you, which happens quite often.

If you are invited to a quality inspection, also film what is happening - in the future, the recording may become confirmation of dishonest actions on the part of the seller. If in the end the seller refuses to fulfill your requirements, we proceed further.

Expertise

To return shoes of inadequate quality, you need to prove the presence of a defect and the reason for its occurrence. Call Honest. The consultant will listen to your situation and clarify the details.

You can bring your shoes to our expert for initial inspection. He will tell you whether the flaw is really a manufacturer’s defect, or whether it is still the client’s fault. The shoe inspection is free - a specialist will tell you whether it makes sense to spend money on an examination.

The expert will be able to answer the following questions:

• Are there any defects or imperfections in the shoes?
• Do the shoes comply with the requirements of regulatory documentation - GOST, TU, Technical Regulations?
• Are the identified defects of a manufacturing or operational nature?

In the conclusion, answers to these questions will be given. With the help of an expert report, you will be able to have a reasoned conversation with the seller and, depending on the situation, demand your money.

The examination can confirm the following defects:

• Tears in shoe parts (lining, sole, upper material);
• Distortion, fracture of the heel;
• Peeling off the heel;
• Cracks in the sole;
• Lagging edge of the sole;
• Crooked seams;
• Skin peeling;
• Getting wet;
• Dye loss inside the product;
• Malfunction of fittings (zippers).

Pre-trial claim

Usually at this stage sellers agree to return the money. You are preparing a pre-trial claim, attach the results of the examination to it. We will give you an examination form and tell you what to write. In your appeal, you demand not only to return the shoes of inadequate quality, but also to cover your expenses for the examination.

Bring two copies of the claim to the store. Most likely, the seller will read the research result and return your money. If not, then ask him to put an acceptance mark on your copy of the claim with the date, position and full name. Refuses? No need to swear, just send your claim by registered mail with acknowledgment of receipt.

Lawsuit

If a response to the claim is not received and the seller does not want to meet halfway, you will have to file a lawsuit. If the cost of the claim is less than 50 thousand rubles, we go to the magistrate’s court. More? Then you will have to go to the district court to get your money back for the shoes. Honest is ready to provide legal support. Do not forget that the costs of lawyers are considered legal costs - the defendant will have to pay for them.

Warranty period for various types of shoes in 2021

The length of the warranty in 2021 directly depends on the type of shoe. The deadline is set in accordance with GOST standards. It will be:

• minimum 30 days for a child’s room;
• 60 days for sports;
• 60-90 days for a model.

Gradation is carried out in accordance with the material used to manufacture the product. If the sole of the shoe is made:

• made of leather, the duration of the guarantee will be at least 50 days;
• leather-like rubber - at least 70 days;
• porous rubber or polyurethane - at least 80 days.

Attention
By manufacturing a product, the manufacturer implies that the citizen will use it for its intended purpose in accordance with established requirements. If violations are detected, this will lead to a refusal to exchange shoes under warranty or return the money.

It is believed that a person should use shoes only in the appropriate season. This fact has an impact on the warranty start date in 2021. By law, the shoe warranty will begin on the first day of the season.

If there is no receipt

To return winter shoes without a receipt, in accordance with Art. 18 clause 5 of the law “On the Protection of Consumer Rights”, a person has to prove that he purchased it in the place where he applies. The absence of this document will significantly complicate the process. However, a return is also possible in this case if the buyer can prove that the product was purchased from a specific seller. To confirm the purchase of winter shoes in a store, you can use:

• witness's testimonies;
• recording from hidden cameras;
• checking the batch number on the packaging;
• a copy of the receipt in the cash register.

To return winter shoes without a receipt, you will need to fill out an application. It will need to indicate:

• personal data;
• seller details;
• Product Name;
• date of purchase;
• price;
• reason for return.

Additional information
The application must be dated. When the paper is completed, it is worth visiting the store and inviting a merchandiser. It is better to have 2 copies of the application on hand. One of them remains with the buyer, and the second will be transferred to the seller. The representative of the organization who accepted the application must put a date and signature on each of the papers. Additionally, the seller's representative is required to indicate his full name. If the application is completed correctly, the seller will take the same actions as if there was a check. If the established rules are followed, but the company continues to refuse, the person has the right to go to court.

What is a warranty case?

The list of cases in which you can contact the seller to return shoes under the 2021 warranty is strictly defined. The reasons for filing a claim may be:

• a crack on the sole;
• staining defect;
• seam rupture;
• curvature of seams.

IMPORTANT
The seller has the right to order an examination of the shoes. It must be carried out within 20 days from the date of receipt of the complaint (Clause 1 of Article 21 of the Law on PPP).

You can exchange or repair shoes under warranty even if the period has expired. To do this, within 2 years (in accordance with clause 5 of Article 19 of the law on ZPP) from the date of purchase, you need to carry out an examination and prove the presence of a manufacturing defect.

Nuances of conducting an examination

If a dispute arises between the parties during the return of winter shoes, an independent examination is appointed. Only authorized companies with appropriate accreditation have the right to perform it. The store orders the service and must pay for it. But, if during the verification process the consumer’s guilt is proven, he will have to reimburse the seller for all expenses. For this reason, it is worth insisting on an examination if you are sure that the defect is the manufacturer’s fault.

There is no need to be afraid of examination, since specialized companies value their reputation and identify the causes of defects as quickly and accurately as possible. And not every buyer will spend his time and money to resolve the issue of one pair of shoes.

What is not covered under warranty?

Sellers do not always agree to honor warranties under the 2021 law. A refund or exchange of shoes under warranty may be refused in the following cases:

• the shoes were of high quality;
• the product has lost its presentation;
• the buyer carried out the repairs independently;
• the product has been damaged by weather conditions;
• the person misused the product;
• There is a presence of mechanical damage, the appearance of which is the buyer’s fault.

Please note:
Returning shoes to the store under warranty must be clean and dry. In another situation, it will be impossible to exercise the legal right.

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.

Warranty for winter shoes

To take advantage of the legal winter boot warranty in 2021, you'll need to be prepared. The buyer must have identification with him. Additionally, you will need to file a claim. The document is drawn up in 2 copies. One of them is given to the organization where the purchase was made, and the second remains with the buyer.

Attention

Any employee at a shoe store can accept the paper. He must pick up the copy intended for the seller, and put an acceptance mark on the buyer's form. Consideration of the application depends on what exactly the consumer requires from the seller. If the money is returned, 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 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 deadline comes to an end, the seller is obliged to provide an answer.

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.

Return and exchange of shoes under warranty in 2021

If a person purchased low-quality shoes, in order to return under warranty in 2021, a number of actions must be completed:

1. Prepare to visit the seller. According to the law, the buyer must find a warranty card, a cash receipt (in accordance with Article 18, paragraph 5 of the ZPP law, the presence of a cash receipt is not a prerequisite) and take the shoes with them. It should be dry and clean. Additionally, it is recommended to find the box in which the product was sold and the labels. However, their absence will not be an obstacle to returning shoes under warranty in 2021.
2. Fill out the claim. The form of the form is not established by law. However, it must contain a number of mandatory information. In order not to encounter difficulties during the filling process, it is recommended to use a ready-made sample.
3. Visit the store where the purchase was made and submit a claim. You need to have your passport with you. By law, the seller must review the claim and accept it. The corresponding mark is placed on the consumer's copy. If store employees refuse to accept the document, in 2021 the paper can be sent by mail. The document must be sent by letter with notification of receipt.
4. Send your purchase for examination. The action is performed at the expense of the seller. However, the buyer can independently order a product examination for defects, and then send the results to the organization that sells the product. In this situation, payment for the examination will have to be added to the requirements.
5. Wait for the seller's final decision. 20 days are allotted for consideration of the claim. When the deadline expires, the organization is obliged to respond.

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.

Return if the sole comes off

In 2021, the sole is considered peeled if it has moved away from the top of the skin to a depth of more than 3 mm and a width of 1 cm or more. In this situation, the law allows for a return under warranty. The procedure will be performed in accordance with the classical scheme. A person will have to prepare the purchased shoes for return and contact the seller. It will be sent for examination. If it is confirmed that the damage was not the fault of the buyer, the store is obliged to exchange the product for a similar one, make free repairs or return the money.

For your information

Refusal to satisfy the requirements may become a reason for going to court. Before filing a claim, it is recommended to prepare an evidence base. In 2021, the buyer has the right to independently examine the shoes by contacting a competent organization. The result of the study must be attached with another document confirming the citizen’s correctness. The final decision will depend on the individual characteristics of the current situation.

How to make a claim

A claim is made for low-quality shoes when the buyer reports their return to the store. Moreover, it can only be compiled according to a specific sample, which may not be available in the store. When writing a complaint about a low-quality pair of shoes, the following points should be noted:

• the addressee in the form of information on the seller, store, manufacturer is indicated in the header of the paper;
• information about the buyer who returns low-quality shoes is written after the addressee: full name, residential address, telephone number;
• in the main text it is necessary to disclose the circumstances of the case: where, when the goods were purchased, cost, type of payment, moment of discovery of the defect, time of return of the shoes, documents presented;
• justification of the requirements: request to return the amount paid, carry out an exchange or eliminate the detected defect;
• after the “body” of the claim, a list of attached documents is compiled;
• At the end there is the date of compilation and the signature of the applicant.

Some stores provide a sample return claim or fill out a document themselves when returning shoes of inadequate quality. You should not require the seller to complete the paperwork; he may refuse to do so. But you will have to write 2 copies - one remains with the buyer, the other is given to the retail outlet.

When you cannot return your worn shoes after filing a claim, you should contact an expert organization and write a statement to the court with the results of the examination. It is not uncommon for the store to refuse to accept a claim, which allows the client to send the document by registered mail. As a result, you will have a postal copy of the shipment on hand, which will serve as proof of notification to the seller.

It is allowed to copy the claim written by the buyer, which is signed by the seller.

If products are purchased at a discount, all terms of service life, return or exchange are met. There are no special derogations for items with a reduced price, which allows you to make a claim in accordance with the sample for this product.

If the purchase of shoes was using a card

If payment for the goods was made in cash, the procedure for returning shoes is not complicated. The citizen will have to contact the seller. If the buyer is right and the defect arose due to the fault of the manufacturer, the goods are exchanged or cash is provided.

Paying for shoes by card complicates the procedure. In accordance with the law in 2021, warranty returns in this case are carried out according to the standard scheme. However, in most cases it will not be possible to receive funds in cash. This is because the cash register records how shoes are purchased. Changing the form of payment will cause problems.

IMPORTANT

Tax legislation prohibits the return of funds from the cash register for goods purchased using a bank card. This will be regarded as misuse of funds. If a tax audit is carried out, the fact of violation of the law will become publicly known. This will result in sanctions being imposed on the store. The organization may be issued a fine of 50,000 rubles.

An additional obstacle is the agreement concluded between the seller and the bank. The document clearly describes the procedure for returning money. Typically, a financial institution prohibits the return of cash from the cash register for shoes purchased with a card. The store is unlikely to violate the requirements.

For your information

If the payment was made by card, this will increase the refund period. A person will have to attach 2 checks to the set of required documents. One of them confirms the fact of purchase, and the second confirms the debiting of funds from the card. You must have a means of payment with you. It will be needed to verify the number. If the store agrees to return the funds, they will be credited to the card. In this case, the return period is standard and should not exceed 10 days from the date of application.

However, in practice, the procedure may take a long time. The period can be 3-40 working days. The buyer has the right to contact the store’s accounting department and find out when the application for a refund for the shoes was submitted to the bank. Based on this date, you can calculate when the funds will arrive on the card.

Arbitrage practice

In addition to the cost of shoes, clients can recover moral compensation and penalties through the court from sellers for losses caused through their fault. If the store does not respond to the complaint in a timely manner, it is charged a penalty in the amount of 1% of the cost of the goods for each day of delay.

Let's look at several solutions where people managed to recover compensation from stores:

• Decision No. 2-1621/2019 2-1621/2019~M-796/2019 M-796/2019 dated June 28, 2021 in case No. 2-1621/2019 (defendant – “Riker”);
• Decision No. 2-1323/2018 2-1323/2018~M-1374/2018 M-1374/2018 dated October 30, 2021 in case No. 2-1323/2018 (defendant – “Kari”);
• Decision No. 2-6947/2017 2-6947/2017~M-6725/2017 M-6725/2017 dated September 11, 2021 in case No. 2-6947/2017 (defendant – “Rendezvous”).

If shoes were worn

You can return worn shoes under warranty to the store in 2021 if the person is able to prove the presence of a manufacturing defect. For this, an examination needs to be carried out. Usually it is paid by the seller. However, the action can also be performed by the buyer. In this situation, the list of claims can also include a refund for the examination. If the client is proven right, but the seller stubbornly refuses to make a refund under warranty, the person can go to court.

Additional Information

If you cannot prove the presence of a defect, you will not be able to return the purchase to the store. However, it is worth taking individual reasons into account. You can talk to a lawyer and find out if you can make a refund.

When can you not return the shoes?

Situations when not a single store agrees to return the client’s money or exchange shoes for another, and it turns out to be right:

• Poor appearance of the product, if the return is not issued due to a manufacturing defect;
• Damage caused to the product due to the fault of the client was discovered;
• the buyer did not properly care for the shoes or did not comply with the wearing conditions;
• Before visiting the seller, the client tried to make repairs himself.

The material of the goods does not matter if one of the above reasons is present.

Seller's responsibility

In 2021, the seller is financially liable under the manufacturer's warranty. He is obliged:

1. Fulfill warranty obligations if it is proven that the product has a manufacturing defect.
2. Carry out repairs at the store's expense. The warranty period is extended by the period during which the shoes are repaired.
3. Refund the money if it is not possible to replace the product with a similar one.
4. Within 14 days from the date of purchase, accept new products that for some reason do not suit the buyer. Shoes must retain their presentation. All labels and tags must remain in place.

Refusal to comply with the buyer's legal requirements may result in the seller being brought to administrative liability.

What could be the reasons for refusal?

You can return boots, boots and sandals, either high-quality ones, recently purchased, or if they are found to be defective. The period for processing a cancellation of a purchase depends on the method, place, date of purchase and reason for refusal.

The simplest case is buying boots in an online store. You can cancel your order and withdraw your money at any time before receiving the parcel.

If the model turns out to be inconvenient or the price seems too high, the purchase can be taken to the point of issue or sent by courier service without explaining the reasons within a week. The 7 days countdown begins from the moment the goods are received.

If the return rules are not stated on the website, or there was no memo about the rules in the box, then you can send the order back within 3 months.

If a new item was purchased in a shopping center or shoe store, the period for returning or replacing shoes starts from the next day after purchase.

You can donate shoes of proper quality if:

• the sneakers didn't fit;
• the color of the shoes does not match the wardrobe;
• sandals don't suit the style.

This opportunity is provided for in Article 25 of the Law on the Protection of Consumer Rights - any item can be exchanged within 14 days if it does not suit a specific buyer and is not listed in the list of “non-returnable” goods approved by Government Order No. 55.

In these cases, the client may request an exchange for a similar model of a different color, size from the same or a different manufacturer with a price recalculation.

If there is no suitable pair available, you can withdraw the money.

The law allows you to hand over boots and shoes of inadequate quality if the following defects are discovered during wear:

• ruptures;
• cracks;
• curvature;
• deformation;
• paint peeled off;
• the material has come off or peeled off;
• the seam has come apart.

Any changes in appearance that occurred through no fault of the buyer are grounds for refusal.

Low-quality shoes and boots should be returned before the end of the warranty period.