Terms for returning shoes to the store under the consumer protection 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.

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.

• 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.

Rules for returning shoes to the store for both men and women

It should immediately be noted that according to the law “On the Protection of Consumer Rights” you can return to the store both shoes without defects and with them (Article 25). However, there are some nuances that need to be taken into account.

In the trade pavilion

According to statistics, the following are most often returned or exchanged:

1. Shoes (both women's and men's).
2. Sneakers.
3. Boots.
4. Boots.

Less often returned:

• sandals;
• sneakers;
• sandals;
• flip-flops.

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).

Can I return it if the shoes rub my feet, are too small, or for some other reason?

As a rule, store employees ask the consumer why he wants to refuse a purchase. This does not mean at all that they are assessing the weight of your reason - this question is most often asked to identify a manufacturing defect. Before returning shoes to the store if they do not fit, we advise you to tell the seller what exactly you were not satisfied with.

If there is a clear discrepancy in the size of the new pair, refrain from using special stretchers for leather goods. We also do not recommend experimenting with a hot hairdryer for such purposes - these methods will not allow you to return the goods later and get your money back.

Reasons for returning within two weeks:

• The new couple chafes their feet;
• The buyer feels that the new thing is too small for him;
• The style doesn't fit;
• The color appeared different under different lighting;
• Wrong with the size;
• The model is too hard or uncomfortable;
• For any other reasons.

We recommend reading the following article: warranty period for shoes under the consumer protection law.

When trying to return purchased shoes, many buyers wonder whether it is possible not to indicate any reason in the application if there are no objective grounds. The law does not oblige consumers to justify themselves to the store, since you have the right to return the goods without giving a reason.

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.

Defective goods

If shoe defects are detected, the consumer has the right:

• for troubleshooting;
• to replace shoes with an equivalent pair;
• for a discount in the price of the product;
• to refuse a thing.

If a store employee does not agree with the claim, the defective item is sent for evaluation to be examined to determine how the defect occurred and who is to blame. The inspection takes from two hours to several weeks: it depends on whether special equipment is required for the assessment. The law does not define a specific period for shoe examination.

We recommend reading: Independent examination of clothing quality

The shoes are checked under warranty at the store's expense. If there was no warranty card, then the buyer independently pays for the expert work. If it turns out that the defect is the fault of the owner of the item, then money is collected from him for an expert assessment. After the expert’s conclusion admitting guilt, the seller pays the money in accordance with the return period. If in this case the management refuses to issue money, then a lawsuit is filed.

IMPORTANT! If the defect arose due to the fault of the buyer, then exchanges and returns are not carried out. The warranty for shoes comes into force with the arrival of the corresponding season. For example, if a person bought winter fur boots and started wearing them in the autumn slush, then the manufacturer and the store are not to blame for damage to the goods.

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.

We sell shoes under warranty

You bought new shoes, but during the warranty period the sole came off, the heel broke, or you discovered some other defect. In this case, you have the right to contact the seller with a demand to replace the shoes with new ones, return the money or repair them. Let's consider when and how this can be done.

What is the warranty period for shoes and who sets it?

The warranty period for shoes sold in Belarus, both domestic and imported, must comply with Belarusian standards and (or) technical regulations of the Customs Union and the EAEU for similar goods produced in Belarus.

The warranty period for shoes is at least 30 days from the date of sale through a retail network or the beginning of the season <*>.

The seller cannot establish (announce) a warranty period for the product less than the period established by the manufacturer (supplier, representative) <*>.

For reference, the warranty period for shoes is established by: - ​​the manufacturer (supplier); - the seller - if the manufacturer (supplier) has not established a warranty period <*>. The seller has the right to independently install on shoes: - an additional warranty period in excess of the warranty period provided for by law and (or) technical regulations of the Customs Union, technical regulations of the Eurasian Economic Union and (or) established by the manufacturer (supplier, representative); - warranty period for goods, for which the manufacturer (supplier, representative) has not established a warranty period and the obligation to install which is not provided for by legislation and (or) technical regulations of the Customs Union, technical regulations of the Eurasian Economic Union.

From what date does the warranty period for shoes begin?

As a general rule, the warranty period begins to be calculated from the moment the product is transferred to the consumer <*>. There are exceptions to this rule. Thus, for seasonal shoes, the following dates for calculating the warranty period are established.

The warranty period for seasonal shoes is interrupted with the onset of another season. If you discover deficiencies in seasonal shoes during their use before the onset of the corresponding season, the warranty period will be calculated from the date of use of the shoes, which you declare <*>.

Information about the warranty period of shoes, if established, must be indicated in the documentation attached to the shoes, on packaging, labels in Belarusian and (or) Russian in a clear and legible font. <*>.

For information You can return or exchange quality shoes within 14 days from the date of purchase. The seller has the right to set a longer period. In this case, you can return (exchange) quality shoes within the time limit established by the seller <*>.

What shoe defects are not covered by the warranty?

During the period of use of shoes, as a rule, the warranty does not apply to:

- shoes that have been washed;

— shoes that have gotten wet in the rain or snow, caused by improper use of this type of shoe;

- shoes that have been exposed to acids, alkalis, solvents and other chemicals;

- shoes that have mechanical damage (scratches, punctures, cuts, etc.).

Who and how to make claims regarding shoes during the warranty period

During the warranty period or shelf life of the shoes, you can submit claims regarding their defects to the seller (manufacturer, supplier, representative) <*>. You have the right, at your discretion, to demand from the seller <*>:

- replace it with a product of proper quality;

— reduce its price proportionately;

— immediately eliminate deficiencies free of charge;

— reimburse your expenses for eliminating product defects;

— return the amount of money paid for the goods if you decide to return the goods.

To do this, you need to present the defective product to the seller and write a statement. As a rule, the seller has a sample application for the return of low-quality shoes. If the seller does not have a sample of such an application, draw up an application in any form.

In an application for the return of low-quality shoes, it is advisable to indicate the following data:

— your personal data: full name, passport details, phone number and email address for communication;

— name of the seller;

— information about the fact of purchase: date of purchase, receipt number (if available). The absence of a document confirming the fact of purchase of the goods is not a basis for refusal to satisfy your requirements. To confirm the fact of purchase of goods, witness testimony, elements of consumer packaging that contain marks confirming that the purchase of goods was carried out from this seller, as well as documents and other means of proof indicating the purchase of goods from this seller may be used <*>;

- full description of the purchased item: name, color, size, marking number;

— description of the reason for return, defect;

- demand for a refund or replacement with shoes of proper quality.

For reference In addition to the amount of money paid for the goods, you have the right to demand from the seller (manufacturer) compensation for the difference between the price of the goods established by the contract and the price of the corresponding goods at the time of satisfaction of your claim <*>. In this case, at the request and at the expense of the seller (manufacturer), you must return the goods of inadequate quality to the seller (manufacturer). You can return low-quality goods without consumer packaging (packaging) <*>.

Within what time frame must the seller satisfy the buyer’s justified request for the return (replacement) of shoes?

The seller must satisfy justified demands for the return of money paid for shoes of inadequate quality immediately. The maximum period cannot exceed 7 days , and if an examination is necessary - 14 days <*>.

If your requirements are satisfied, the seller does not have the right to withhold the amount by which the value of the shoes has decreased due to their use, loss of marketability and other similar circumstances.

Important! The seller (manufacturer, supplier, representative) is not responsible for defects in shoes for which the warranty period is established if he proves the following: - the defects arose after the shoes were handed over to the consumer; - the cause of the defect was the consumer’s violation of the rules for using, storing or transporting shoes.

How the seller will check the poor quality of shoes

Inadequate quality of shoes is not always obvious. In this regard, the seller is given the right, when a consumer makes demands regarding the sale of shoes of inadequate quality, to check the quality of such shoes <*>.

If a controversial situation arises, the seller carries out an inspection within the time limits established by law to satisfy the consumer’s requirement. In particular, if you have requested a refund, the seller must conduct an inspection within 7 days.

If a dispute arises about the presence and causes of defects in the goods, the seller is obliged to conduct an independent examination of the quality of the goods at his own expense. You have the right to take part in quality control and examination of the product personally or through your representative. The buyer must notify you in writing about the place and time of the examination.

In addition, you have the right to conduct an examination yourself. You must notify the seller of such a decision.

The examination may establish that there are no defects in the shoes or that they arose after the shoes were handed over to the consumer as a result of his violation of the established rules for the use, storage, and transportation of goods. In this case, you are obliged to reimburse the seller for the costs of the examination. If you do not agree with the conclusions of the examination, you can challenge its conclusion in court.

Important! An act of transfer of goods must be drawn up regarding the transfer of shoes for examination . The form of such an act is established by Appendix 1 to the MART resolution of November 29, 2018 N 85 <*>.

If, after checking the quality of shoes, an examination or eliminating defects free of charge, you do not come to pick up the shoes within two months, the seller (manufacturer, supplier, representative, repair organization) has the right to recover from you losses incurred in connection with the storage of the shoes. In this case, the two-month period begins to be calculated from the day the seller sends you a warning about the collection of losses. The seller will not recover damages if you could not pick up the shoes for a good reason <*>.

Where can you go to protect your rights in the event of a dispute with the seller?

To protect your interests, you can contact:

- to the local executive committee <*>;

— to public consumer associations;

- to court.

For reference, Consumers are exempt from paying state duty for claims related to violation of their rights provided for by the legislation on the protection of consumer rights.

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.

Features of returning purchased shoes back to the point of sale

Returning shoes is allowed only in the following cases:

The shoes you bought are defective and you can prove that it was not your fault.

How to return uncomfortable shoes?

Read about how to return shoes without a box here.

How to return shoes without a receipt, read the link:

Marriage is considered:

• if the shoes are torn;
• cracks have appeared;
• the material began to tear and peel off;
• the product is crooked;
• the paint began to peel off;
• violation of the integrity of shoes;

In general, all cases in which shoes have deteriorated without your participation may be the reason for a return.

You don’t like the color or characteristics of the shoes you bought. It may be uncomfortable or unpleasant to wear. Then we will allow a return within the time limits established by law.

When returning shoes, you can demand compensation for all losses that are directly related to their purchase. For example, you purchased shoes on credit, respectively, at interest. Then you can demand compensation in such an amount to repay the loan. Or, after purchasing the product, the price has increased, you can demand a refund with the difference in prices.

Article 18 of the Law “On Protection of Consumer Rights” states that we can demand:

• replace a bad product with an identical new one;
• replace with a new one, recalculating the cost;
• demand a discount;
• demand free repairs;
• return the item and request a full refund.

Sometimes it’s enough to talk to the seller, explain everything, and the issue will be resolved peacefully, in your favor. But alas, this does not always happen. If you come across defective shoes, and the seller does not want to listen to you, then you cannot do without the help of a lawyer. This will cost money, you will have to pay a lawyer and an examination that will prove your innocence.

It also takes a lot of time, but the result will most likely be in your favor. And then you will be able to demand compensation for the goods and payment for a lawyer with expertise. The main thing is not to forget to cover all these requirements during the proceedings.

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.

How can I return defective shoes?

If the buyer decides to contact the seller to return or exchange shoes of inadequate quality, he can do this during the entire warranty period for the product. At the same time, he does not have to compensate the seller for the wear and tear of the product that occurred during the period of operation, and may demand the entire amount for a refund or equivalent to the purchase of goods of proper quality.

If the seller is not sure that the defect was caused by a manufacturing defect or a defect due to poor quality production, then he has the right to challenge the buyer’s claim. In this case, an examination is carried out to identify the causes of the defects and deficiencies that served as the basis for the client’s complaint.

If the examination shows that the defects were caused by the fault of the buyer, then the latter will have to pay the seller all costs incurred during the procedure for checking the goods, storing and transporting them. If the wear and tear of the product occurred due to manufacturer errors, then the costs of conducting the examination remain with the seller.

You cannot exchange or return shoes that have the following defects:

• if seasonal shoes were used year-round or in violation of seasonality;
• if the shoes were not worn for their intended purpose (for example, dress shoes);
• if there are traces of mechanical impact on the shoes (cuts, burns, chips);
• if the shoes have been damaged as a result of improper use (drying, wearing, chemical exposure);
• if during the warranty period the buyer independently repaired the shoes, which led to the appearance of defects;
• if the product was used by the customer and was worn, and after that he decided to contact the seller with a request for a return or replacement of the product due to the fact that it did not suit him in size, style, color and other parameters.

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.

When you can't return shoes in a store

There are options in which shoes will not be accepted back from the buyer:

1. For example, if you wore shoes and return them not because they were found to be defective. In other words, shoes that you don’t like, if they were worn on the street, will not be accepted back into the store by the seller, even with a box, receipt and tags. As an example, shoes without defects, if they have already been worn one day on the street, cannot be returned.
2. In case you tried to repair the shoes before returning them to the seller.
3. Also, if the defect arose as a result of your actions, even if you damaged the shoes by accident.
4. After 14 days have expired (if the shoes are without defects).

Leather low shoes without box that didn't fit

Other grounds for refusing to return shoes to the store will be illegal. Also, the seller of the outlet will not be able to refuse a return without explanation.

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.

Step-by-step instructions for returning and exchanging shoes

To return low-quality shoes, you must contact the place of purchase. It is advisable to have a receipt, a box, and the items included in the kit with you, if any. This will make communication with the seller easier. However, the absence of a receipt or box is not a reason for the seller to refuse to accept the shoes back.

Before handing over the shoes to the store, the buyer writes a statement addressed to the seller, in which he indicates the name of the product, what kind of fault he discovered and the request he has chosen (for example, to return the money for the product). As a rule, the store provides the buyer with the appropriate form, but even if this does not happen, it is better to document in writing the fact that the shoes were handed over and what defects were reported. In fact, this document is the primary claim to the seller.

Footwear examination

If the seller immediately acknowledges these requirements, he is obliged to satisfy them within the time limits established by law. But more often, he sends the goods for examination to determine whether there is a manufacturing defect, as well as the possibility of eliminating it.

What is it for?

If the seller and buyer have a dispute regarding the nature of the defect, the seller sends the shoes for examination at his own expense. In addition to the nature of the defect, the examination determines the shoe’s compliance with sanitary standards and other standards. For example, when examining children's shoes, a study of orthopedic and anti-allergic properties is carried out.

Order of conduct

The consumer has the right to be present during the examination. The period for conducting the examination cannot exceed the period established by law for satisfying the buyer's requirements, but, as a rule, it is carried out much faster: within 3-5 days. Based on the results of the examination, the customer will be given a written conclusion.

The cost of examining shoes is 2-3 thousand rubles. If the examination does not reveal a manufacturing defect, the buyer will be obliged to reimburse the seller for the cost of its implementation. In case of disagreement with the results of the examination or if the seller refuses to carry it out, the buyer can contact an expert organization to conduct an independent examination of the shoes at his own expense.

How to order?

You need to contact a special organization that has a license to conduct examination of goods. A copy of the examination results is attached to the claim and to the lawsuit. If defects are identified, the seller will be obliged to reimburse the buyer for the cost of the examination. You should keep the original documents with you!

If the examination confirms the presence of a manufacturing defect, the seller is obliged to satisfy the buyer’s requirements and exchange the shoes or return the money.

What should I do if returns are not accepted?

The seller may refuse to return defective shoes for a variety of reasons. Here are the most common excuses:

• “discounted or discounted goods cannot be returned or exchanged!”;
• the buyer must carry out the examination at his own expense;
• the seller does not fulfill the buyer’s requirements within the time limits specified by law;
• shoes without a receipt cannot be returned;
• The seller does not make contact at all.

All of the above excuses are unlawful and can be appealed. Your requirements to the seller should be formalized in the form of a claim.

How to file a claim for the return of shoes?

Although the law does not provide for a mandatory pre-trial (claim) procedure for resolving disputes regarding the quality of shoes, it is better to file a claim, since it will show the seller that you are determined to defend your rights, and will also provide an opportunity to recover additional payments in court. The claim must include:

• Full name and contact information of the buyer, including a return address for receiving a response;
• name of the seller's store;
• circumstances of purchasing shoes (when, in which store, at what price, name and article number of the model, if available);
• description of the detected defect;
• reference to the provisions of the Consumer Rights Protection Law;
• buyer's requirement (for repair, replacement, discount or full refund). If the buyer carries out an examination at his own expense, a requirement for reimbursement of the costs of the examination should also be included;
• deadline for fulfilling the requirement;
• a condition on the buyer going to court in case of failure to fulfill his requirements within the time period specified in the claim;
• date and signature of the buyer, list of attachments.

The claim must be accompanied by a copy of the receipt, a copy of the examination, a copy of the document confirming the costs of the examination, and you can attach a photo of the defect.

Sample claim

How to submit a claim to the seller?

Personally. In this case, you must come to the store with two copies of the claim. Give one to the store representative, on the other ask him to make a receipt of receipt with the recipient’s full name, date and signature. The second copy will serve as proof of delivery of the claim to the seller.

By mail. Send by registered mail with acknowledgment of receipt and a list of attachments to the address of the store's location.

If the seller avoids personal communication, you need to send a claim by mail. You also don’t have to receive the mail, but when it is returned to the sender a month later, the claim procedure will still be considered complied with, and you can sue.

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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What to do if the seller refuses to accept the purchased products back?

Usually, sellers, knowing the norms of the law, try to resolve the conflict without resorting to resolving the issue in court. However, it is not always possible to resolve everything peacefully.

If it was not possible to come to a common denominator, then it is then possible to apply the following procedure:

1. Contact the consumer protection organization at your place of residence. Experienced specialists will be required to explain the buyer’s rights, as well as provide legal assistance in resolving the issue of returning goods to the store. If this step did not have any result, and the situation remained unchanged, then only an extreme measure of conflict resolution remains.
2. The final authority that can help resolve the issue of returning goods is the court. It is best to seek the help of a lawyer whose knowledge and qualifications allow him to correctly draw up a statement of claim and win the case. As a rule, a store, having received a claim, tries to resolve the situation before the court’s decision, offering the buyer the best option. This happens because in 99 cases out of 100, the court sides with the consumer. The most important point is to contact the seller in a timely manner demanding a refund or exchange of goods. Once again, it is worth recalling that the deadlines specified in the legislation are no more than 14 days. Also, in a lawsuit, you can demand not only the cost of the goods, but also the costs associated with paying for the work of a lawyer, compensation for moral damages and additional payments for deferred payment, which is charged at the rate of 1% of the cost of the goods.

In conclusion, I would like to note once again that you should not feel inconvenienced when replacing shoes that you did not like, or if you have doubts about the quality of the product. It is necessary to clearly understand that the law is on the side of the consumer, and any store must comply with legal regulations. The main thing when returning is to remember the time frame, have documents confirming payment for the goods, and also preserve the integrity of the goods so that the seller has no reason to refuse the buyer a return.

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Returning goods of inadequate quality

A product of inadequate quality can be returned during the warranty period determined by the manufacturer or seller. In the absence of a guarantee, the period should not exceed two years in accordance with Art. 19 ZPPP.

As for technically complex products specified in Government Decree No. 924 - smartphones, tablets, household appliances, they can be exchanged or returned within 15 days. According to Art. 18 ZPPP, you can take them after 15 days only if:

• repairs are carried out more than 45 days;
• significant defects have been identified that either cannot be eliminated, or their repair will be more expensive than the product itself;
• The device cannot be used for more than 1 month during each year of the warranty period.

As for the packaging of goods of inadequate quality, the MAP Order in paragraph 12, examining Art. 22 of the ZPPP, determined that all goods are subject to return, with the exception of packaging and parts that quickly become unusable.

An exception for both low-quality and high-quality goods is the case when the manufacturer has indicated information about the need to preserve the packaging on itself or in the instructions, and also if it is part of the product itself.

Refund without receipt and box

Hello. I bought shoes in an online store, a week passed and the soles on them cracked, I rubbed the receipt and the box, can I get my money back for them or not?

returning goods without a receipt, returning shoes, returning goods to the store, Money

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Answers from lawyers (2)

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Hello. In accordance with the Law of the Russian Federation dated 02/07/1992 N 2300-1 (as amended on 05/05/2014) “On the protection of consumer rights”:

Article 18. Consumer rights when defects are discovered in a product

1. If defects are discovered in a product, if they were not specified by the seller, the consumer has the right, at his own discretion, to:

demand replacement with a product of the same brand (same model and (or) article);

demand replacement with the same product of another brand (model, article) with a corresponding recalculation of the purchase price;

demand a proportionate reduction in the purchase price;

demand immediate free elimination of defects in the goods or reimbursement of costs for their correction by the consumer or a third party;

refuse to fulfill the purchase and sale agreement and demand a refund of the amount paid for the goods. At the request of the seller and at his expense, the consumer must return the defective product.

In this case, the consumer also has the right to demand full compensation for losses caused to him as a result of the sale of goods of inadequate quality. Losses are compensated within the time limits established by this Law to satisfy the relevant consumer requirements.

How to get your money back

To return the product and get money for it, you will have to write a return application.

There is no approved form; the form can be obtained from the store, or you can make a claim yourself in free form.

When filling out, be sure to provide the following information:

• in the header: information on the seller, outlet, shoe manufacturer;
• after the seller’s data: buyer’s data – full name, residential address, telephone number;
• the main text describes the situation and reason for the appeal: where and when the pair was purchased, price, method of payment, moment of detection of the defect, date of appeal;
• requirements and justification: please exchange, eliminate defects or return the money paid. As justification, references can be made to Art. 18, 21, 24, 25 PDO;
• after the main part there is a list of attached documents;
• The date and signature of the applicant are placed below.

The claim is drawn up in 2 copies. When submitting an application, you must present your passport. The claim is submitted along with a check, receipt or testimony.

It is recommended to submit not the original documents, but their copies - the originals will be useful for going to court or Rospotrebnadzor. The cashier, administrator or other store employee who accepted the application signs the copy of the application.

Sometimes the administration of a retail outlet refuses to accept a letter of claim. In this case, the client has the right to send an application by registered mail.

The envelope indicates the recipient - the organization and its legal address. The letter is considered properly delivered 30 days after sending. After this period has expired, you can go to court.

Return of goods within 14 days without packaging

The procedure for returning goods without packaging can be complex, so it is important to know some nuances:

• a cash receipt can confirm the purchase of goods;
• in addition to the fiscal receipt, according to the law, you can use witness testimony or data from CCTV cameras;
• if the product does not correspond to its presentation, the seller may refuse to return it;
• packaging for packaging and moving goods is optional , unless it is an integral part of the product.

general information

Many people ask: Can I return the pair I just bought? the problem of returning a new product when they buy shoes for their baby without trying them on . It is also possible to choose the wrong color or purchase shoes of an uncomfortable style. In this case, there is a natural desire to return the money spent as soon as possible.

According to Article 25 of the Law on the Protection of Consumer Rights, the buyer has the right to exchange any non-food product of good quality , including shoes, for a similar one if the new item does not fit in size, color or style.

To do this, you need to contact the store within 14 days after purchase, taking with you the unsuccessful purchase, a document confirming the purchase, and a passport to draw up a recalculation act. In addition, the buyer can refuse the exchange and demand a refund if he is not satisfied with the store’s assortment.

In order for the seller, merchandiser or store manager to take the buyer's side , you need to make sure that the shoes offered for return or exchange do not look worn:

• it must have clean soles;
• there should be no abrasions, scratches or other signs of use ;
• All documents and labels must be in order, so it is not recommended to throw away the packaging immediately after purchase.

A cash register or sales receipt is strong evidence of a purchase in a particular store and on a particular day, however, according to Article 493 of the Civil Code of the Russian Federation, the buyer has the right to present other evidence if these documents are lost.

To check that a transaction has been completed, you can do the following:

• goods movement database ;
• refer to duplicate cash receipts stored in store reports;
• invite a witness from the buyer's side;
• provide an account statement for those who pay by bank card .

When making purchases via the Internet, it is even easier to collect evidence, since the buyer not only makes a bank transfer or pays for the purchase with plastic, but also receives the relevant reports by email and has documents on delivery of the goods within a certain period of time.

If it becomes necessary to return shoes without a box, the seller may make concessions, although he is not required to do so by law. In practice, returning new products is quite difficult , especially if the purchase price is small.

The seller can refer to both the lack of packaging and traces of use, so the buyer will either have to be content with an unsuitable pair of shoes, or contact Rospotrebnadzor with a complaint against the unscrupulous merchant.

If 2 weeks are over

After two weeks, boots can only be returned under warranty. The period must be agreed upon at the time of purchase and indicated in the sales receipt or buyer’s memo.

In this case, when returning, a statement is written requesting an exchange of the product or a refund of its cost, to which copies of the receipt and warranty card (if any) are attached.

The buyer may claim reimbursement of interest paid and other costs if the goods were purchased on credit. If at the time of submitting the application the price has decreased, you can count on paying the difference.

In turn, the seller has the right to send the received pair for examination, which will determine whether the defects were a manufacturing defect or appeared due to improper use and care. In such situations, the client will have to pay for the examination and accept the loss of money.

You can refuse shoes after the warranty period only under one condition - if you can prove the presence of a hidden defect that arose before the goods were transferred to the buyer.