Is it possible and how to return a fur coat to the store if you don’t like it or bought it on credit?

Refund according to the PPP law

For various reasons, girls and women want to return purchased fur coats to the store.

The reasons for returning can be different: after trying on a fur coat at home, you suddenly realized that the size does not suit you at all, you discovered defects in the product, in natural light you were disappointed by the color of the fur coat, you are not satisfied with the smell emanating from the item.

How to return a fur coat to the store? What difficulties might you encounter in doing so? How to find a way out of problematic situations? You will find answers to these questions in this article.

Important! In accordance with the Law of the Russian Federation “On the Protection of Consumer Rights,” you have the right to return a product that does not suit you within 14 days from the date of purchase.

There are two reasons for returning an item:

• the product has flaws,
• The product has no defects, but you are not satisfied with the color, quality, model or size.

Depending on the reason for the return, your actions will vary. A big plus will be that you have a sales receipt and tags. Do not forget that the product must remain in its salable condition at the time of return.

However, in practice it is possible to exchange or return goods even in the absence of a sales or cash receipt. If you return the product without defects within the warranty period, then there should be no problems.

If you are going to return a defective product, then this is more difficult to do. A conscientious seller will admit his guilt and return your money, but in most cases the seller refuses to compromise. This significantly complicates the procedure for returning goods.

According to the Law of the Russian Federation “On the Protection of Consumer Rights”, you can return money immediately only if the store does not have the product you need in color, size, style of a similar product on the day of your request.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

General rule

• 1 General rule
• 2 Refusal of a fur coat of proper quality 2.1 Conditions for returning/replacing goods
• 2.2 What to do if the store refuses to return money for a fur coat

It is permissible to return a fur coat under the basic Law on the Protection of Rights, even if the purchase is of proper quality.
According to Art. 25 of the Law, this product must be returned. The return period for purchased items is 14 days from the date of purchase. Returning such a product is acceptable even in cases where the quality of the goods is adequate and the reason for refusal is:

• The size did not fit;
• I didn't like the model;
• And etc.

Return of a fur coat without defects within 14 days after purchase

Fur coats are expensive items, so the consumer has the right to count on the appropriate quality of the purchased product. However, quality requirements are often ignored and violated by the manufacturer engaged in mass production of fur products.

Remember! When trying on a fur coat in a store, it is not always possible to notice the shortcomings of the product, for example, poorly stitched seams, low quality fur, or the smell emanating from the item. It is possible to pay attention to these defects only at home, when the product has already been purchased.

What does the consumer have the right to do if the fur product turns out to be of poor quality? According to the Law of the Russian Federation “On the Protection of Consumer Rights”, the buyer is given 14 days from the date of purchase of the product to return the purchased item.

According to this law, the consumer has the right to return the product, receiving the money paid in return, or demand an exchange. In this case, the purchased fur coat must retain its presentation at the time of return or exchange.

The warranty period for outerwear is required by law.

Whether the seller can refuse to issue a check to the buyer, read here.

Who pays for an independent examination of the product, read the link: https://novocom.org/otvety-na-voprosy-chitatelej/kto-oplachivaet-nezavisimuyu-ekspertizu-tovara.html

You must present a cash receipt or sales receipt that confirms the purchase of a fur product in this store. After 14 days, you will not be able to return an item that does not suit you but has no flaws. In case of returning an item of inadequate quality, the situation is simpler.

As a rule, the buyer's request for the return of defective goods, submitted after the expiration of the 14-day period, is also satisfied.

What to do if the seller refuses to return money for the product?

How can a buyer return a defective fur coat?

The law stipulates several conditions governing the rules for the sale of fur coats.

These include:

• The warranty period for the product is from one to two years for fur coats. Before purchasing, you need to be interested in it and require warranty documents;
• Not all defects are considered manufacturing defects. They are included in a specific list. One of the disadvantages, for example, is the naturally faded fur. Therefore, if such a defect is discovered, the client must decide for himself whether to buy the product or refuse it immediately. Since after purchase the goods may not be exchanged;
• If a defect is discovered after the delivery of the goods, it is considered that the fur coat belongs to products of inadequate quality. Then a return or exchange can be made without any delay within the first two weeks after purchase. It is allowed to demand the full amount of money upon returning the goods to the store. After 14 days, the exchange or return procedure becomes more complicated.

How to return a fur product if a defect is detected

What can a consumer do if he discovers a defect in a product and wants to return it?

In accordance with the Law of the Russian Federation “On the Protection of Consumer Rights”, he has the right to:

• exchange the product for a similar one,
• demand a refund of the money paid,
• require the seller to reduce the price proportionate to the defects or to eliminate the defects free of charge.

If the seller refuses to acknowledge the defects of the product, take the following measures:

• make a claim and send it to the store. The period for its consideration is ten days,
• if a response to the claim has not been received (or it is negative), send the fur product for examination. It is advisable that a store representative be present,
• if the seller refuses to return your money even after receiving an expert opinion, draw up a report about this in duplicate,
• If the seller admits that the product is defective, but is in no hurry to return your money, remind him of the penalty. According to Art. 23 of the Law “On Protection of Consumer Rights”, it is one percent of the price of the goods for each day of delay,
• write a statement of claim and send it to the court, attaching all available documents.

Note! However, the return period of 14 days does not apply in this case. The return period is considered to be the warranty period for this product, and in the absence of it - two years from the date of purchase.

Fur coat of poor quality

No. 2-1313/13 DECISION IN NAME OF THE RUSSIAN FEDERATION

Ukhta City Court of the Komi Republic, composed of presiding judge O.N. Churina, with secretary D.V. Dyshleva, with the participation of plaintiff N.., representative of the defendant Yu., having considered in open court in the city of Ukhta of the Komi Republic on May 17, 2013 civil case on the claim of N. against the individual entrepreneur L. for the protection of consumer rights, U S T A N O V I L:

N. filed a lawsuit against IP L. for the protection of consumer rights. In support of the claim, she indicated that <...> between the parties an agreement was concluded for the purchase and sale of goods in installments No....., according to which the defendant undertakes to transfer to the buyer goods of proper quality, namely: a fur coat <...>worth .... rub. <…> the plaintiff made 1 contribution in the amount of…. rub., <…> – 2 installments in the amount of…. rub. On the same day, the plaintiff exchanged her brown fur coat for a black one, without any claims from the defendant. At home, when trying on the fur coat again, the plaintiff discovered that the fur coat was too big for her in the opening. Information about the size of the product was not provided to her, and there was no label indicating the size. In violation of Article 10, 12 of the Law of the Russian Federation of 02/07/1992, the plaintiff was not provided with the information about the product required by law. In <...>, when contacting the defendant to return the fur coat, IP L. took the goods for sale, explaining that upon sale of the fur coat, the money would be returned to the plaintiff. In <...>, instead of money, the plaintiff was offered another fur coat, which, when tried on, did not fit in size. On the same day, the plaintiff refused the goods and demanded a refund in the amount of…. rub. In this case, the goods were transferred to the defendant. In <…> the plaintiff was again offered a fur coat…. size, because according to the defendant, there were no other sizes. Throughout this period, the plaintiff insisted on her demands. To this day, the defendant has not returned to the plaintiff the amount of payment for the goods. <…> the plaintiff drew up and handed over to the defendant a claim demanding the return of a sum of money for a fur coat in the amount of…. rub., penalties, losses, interest for unlawful withholding of funds and evasion of their return. This claim was left without consideration; the plaintiff’s demands were not met. Based on Art. Art. 10,12,13,15,17,22, 23 of the Law of the Russian Federation “On the Protection of Consumer Rights”, the plaintiff asks to terminate the sales contract and recover money from the defendant in the amount of .... rub., penalty for violation of deadlines for fulfilling consumer requirements for the period .... days as of <…>in total…. rub., interest on the use of other people's funds in accordance with Art. 395 of the Civil Code of the Russian Federation for the same period based on the discount rate ....% in the amount of .... rub., losses associated with the conclusion of an agreement for the provision of legal assistance, in the amount of.... rub. and notarized power of attorney in the amount of…. rub., compensation for moral damage in the amount of .... rub., total... rub., as well as a fine for refusal to voluntarily satisfy the plaintiff’s demands in the amount of .... rub. At the court hearing, the plaintiff insisted on the stated claims in the edition of the statement of claim. Representative of the plaintiff G., acting on the basis of an oral petition in accordance with Part 6 of Art. 53 of the Code of Civil Procedure of the Russian Federation, did not appear at the court hearing, did not report valid reasons for non-appearance. Earlier at the court hearing she insisted on the claims. The defendant IP L. did not appear at the court hearing, having been duly notified of the place and time of the consideration of the case, and submitted an application for consideration of the case in his absence. Earlier at the court hearing, N. did not admit the claims in full. In written objections to the claim, he indicated that the plaintiff was sold a product of proper quality with all the necessary information about the product. Considers the plaintiff to have missed the 14-day deadline for exchanging goods of proper quality and to impossibly apply the provisions of Art. 22 of the Law of the Russian Federation “On the Protection of Consumer Rights”. The representative of the defendant, Yu., acting on the basis of a power of attorney, also did not recognize the claims at the court hearing, indicating in a written response to the claim that the plaintiff was provided with all the necessary information about the product, as evidenced by the fastening stickers and traces of torn labels on the fur coat. During the purchase, in the presence of the plaintiff, the quality of the goods was checked by external inspection, the correctness of the size indicated on the tag attached to the product in 2 places, the quantity, and the price of the goods. The warranty period for seasonal goods is set from November 15 to March 15, but neither until March 15, nor until the end of the actual seasonal wear did the plaintiff contact the defendant. From the moment of purchase to the plaintiff’s appeal <…> ... passed. months, and therefore believes that all contractual obligations of the parties had been terminated by that time. By accepting the fur coat, the defendant was not obliged to return the money for the goods; he only accepted it for sale and promised to provide a smaller fur coat for subsequent purchase. After accepting the fur coat from the plaintiff, traces of wear were found on the product. Within the terms agreed upon by the parties, the fur coat received from the plaintiff was not sold, and therefore the defendant repeatedly approached the plaintiff with an offer to take the fur coat, but the plaintiff refused this offer and demanded a refund. Taking into account the opinions of the parties, guided by the provisions of Art. 167 of the Code of Civil Procedure of the Russian Federation, the court considers it possible to consider the case in the absence of the representative of the plaintiff G. and the defendant L. Having heard the parties, their representatives, the testimony of witnesses <...>., <...>., having examined the case materials, having examined the fur coat presented by the defendant, the court comes to the following conclusions. As established by the court, L., OGRNIP ...., INN ...., living at the address: ...., .... …., registered as an individual entrepreneur with <…> …. …. By …. MIFNS…. according to ...., the main activity is <...> (code according to <...>). As follows from the explanations of the parties, the defendant carries out outbound trade...., including in.... ….. The court found that <…> individual entrepreneur L. (Seller) and N. (Buyer) entered into an agreement…. …. agreement for the sale of goods in installments No.….. Under the terms of the agreement, the plaintiff was sold a fur coat<…> model <…>, brown, costing…. rub. According to the agreement, payment is made in installments, while <...>the plaintiff paid the amount .... rub., <...> - .... rub. As follows from the agreement and the explanations of the parties, <...> the defendant, at the request of the plaintiff, exchanged the purchased goods for another model, the plaintiff was given a fur coat <...>, a collar made of <...>, black, model <...>, worth .... rub. <...> the specified fur coat was transferred to the defendant, as evidenced by the sales receipt of IP L. dated <...>, according to which the defendant took the specified product “for sale until <...>”, as well as the defendant’s receipt dated <...>, according to which L. took a fur coat from N. to sell in exchange for another smaller one. As follows from the explanations of the parties, the specified fur coat was not sold by the defendant to 3 persons, the plaintiff refused the fur coat offered by the defendant in exchange for the specified product in <...> To this day, the goods purchased by the plaintiff are in the possession of the defendant, the money has not been returned to the plaintiff. N.'s written claim to the defendant, handed to him <...> in which the plaintiff presented similar claims, was left unsatisfied by the defendant (response from <...>). N.’s claims are based on arguments about the defendant’s failure to comply with the requirements of Article 10 of the Law of the Russian Federation of 02/07/1992 N 2300-1 “On the Protection of Consumer Rights” regarding the provision by the seller of the necessary information about the goods. Having examined and assessed according to the rules of Art. 67 of the Code of Civil Procedure of the Russian Federation, the evidence presented by the parties, the court comes to the conclusion that the defendant committed violations of the law in this part. According to Art. 10 of the Law of the Russian Federation dated 02/07/1992 N 2300-1 “On the Protection of Consumer Rights”, the manufacturer (performer, seller) is obliged to promptly provide the consumer with the necessary and reliable information about goods (works, services), ensuring the possibility of their correct choice. For certain types of goods (works, services), the list and methods of communicating information to the consumer are established by the Government of the Russian Federation. Information about goods (works, services) must necessarily contain: the name of the technical regulation or other designation established by the legislation of the Russian Federation on technical regulation and indicating the mandatory confirmation of the conformity of the product; information about the basic consumer properties of goods (work, services), price in rubles and conditions for the purchase of goods (work, services), including when providing a loan, the size of the loan, the full amount to be paid by the consumer, and the repayment schedule for this amount; warranty period, if established; rules and conditions for the effective and safe use of goods (works, services); service life or shelf life of goods (work) established in accordance with this Law, as well as information about the necessary actions of the consumer after the expiration of the specified periods and possible consequences for failure to perform such actions, if the goods (work) after the expiration of the specified periods pose a danger to life, health and property of the consumer or become unsuitable for intended use; address (location), corporate name (name) of the manufacturer (performer, seller), authorized organization or authorized individual entrepreneur, importer; information on the rules for the sale of goods (performance of work, provision of services). This information is brought to the attention of consumers in the technical documentation attached to the goods (works, services), on labels, markings or in any other way adopted for certain types of goods (works, services). Decree of the Government of the Russian Federation dated January 19, 1998 N 55 (as amended on October 4, 2012) approved the Rules for the sale of certain types of goods, a list of durable goods that are not subject to the buyer’s requirement to provide them free of charge for the period of repair or replacement of a similar product, and a list of non-food items goods of proper quality that cannot be returned or exchanged for a similar product of a different size, shape, size, style, color or configuration. Section III of the Rules provides for the specifics of the sale of textile, knitwear, clothing and fur goods and footwear. According to clause 39 of the Rules, fur products must undergo pre-sale preparation before being delivered to the sales floor, which includes checking the quality of the product (by external signs) and the availability of the necessary information about the product and its manufacturer. Each fabric sample must be accompanied by information about the percentage of fibers from which it is made, and fur products must be accompanied by information about the type of fur. In accordance with clause 41 of the Rules, goods must have labels indicating their name, article number, price, size (for clothing, linen and other garments, shoes, hats) and height (for clothing and linen), type of fur and color its coloring (for clothes, hats and fur collars). According to paragraph 44 of the Rules, the person carrying out the sale, when selling fur goods and shoes in the presence of the buyer, checks the quality of the goods (by external inspection), the accuracy of the measure (quantity), and the correctness of the calculation of the purchase price. In accordance with clause 46 of the Rules, if the cash receipt for a product does not contain the name of the product, article number, grade (if available), along with the product, the buyer is given a sales receipt, which indicates this information, the name of the seller, the date of sale and the price of the product and the person directly selling the goods affixes a signature. The court found that the specified requirements for the content of information provided when selling goods and the method of communicating it to the consumer were not met by the defendant. According to the general rule (clause 4 of article 13, clause 5 of article 14, clause 6 of article 28 of Law N 2300-1), the burden of proving circumstances exonerating from liability for non-fulfillment or improper fulfillment of an obligation lies with the seller (manufacturer, contractor, authorized organization or individual entrepreneur, importer). The defendant did not present such evidence. The fur coat presented to the court by the defendant <...> is not equipped with labels, markings or a label indicating its name, article, price, size and height, type of fur and color of its color. Thus, the fur coat on display, photographs of which were subsequently added by the defendant to the case file, is equipped only with a tag sewn into the lining of the product, which contains a list of sizes (....), with the number “...” There is a mark in the form of a strikethrough. There is no other information on the product. The plaintiff at the court hearing denied the defendant’s arguments that the fur coat presented to the court was a product purchased by her <...> and transferred to the defendant <...>, pointing out differences in size, quality of fur, model (design of sleeves, collar, decorative scarf ). At the same time, the absence of relevant information on the product does not allow the court to compare the identity of the goods specified in the agreement for the sale of goods in installments from <...>, and those provided by the defendant for review. The defendant's arguments that the product sold was equipped with a leaflet on the care of fur products, the original of which was provided by the defendant at the court hearing for review and a photograph of which was subsequently included, the court finds unproven. The defendant indicated at the court hearing that the fur products he sells from <...> are manufactured at the factory <...> ...., but did not provide evidence of this to the court, the case materials, incl. the purchase and sale agreement from <...>, the sales receipt and receipt from <...>, as well as the fur coat examined at the court hearing do not contain information about the manufacturer. The defendant indicated at the court hearing that the instructions he presented on the care of fur products supplied products from other manufacturers. The memo itself contains an indication of the brands <…>”, “<…> <…>”, which also allows the court to conclude that the specified memo does not apply to the disputed product. The defendant included in the case materials photographs with samples of labels that are supplied with similar products. From these photographs it follows that the information on the product is applied by the seller independently; it is represented by adhesive tape with the price and size indicated on the ballpoint pen (for example ....), as well as the article number, additionally attached to the top of the product with adhesive tape (scotch tape). These arguments of the defendant confirm the explanations of the plaintiff that the product she purchased had a sticker indicating “….”. Thus, the court was not presented with evidence of the defendant’s sale of goods supplied with reliable and necessary information regarding the basic consumer properties of the goods, the establishment of a warranty period, the rules and conditions for the effective and safe use of the goods, the service life or shelf life of the goods; address (location), corporate name (name) of the manufacturer (performer, seller), authorized organization or authorized individual entrepreneur, importer; information on the rules for the sale of goods (performance of work, provision of services). The requirements for information about fur products established by Decree of the Government of the Russian Federation of January 19, 1998 N 55, the defendant also did not comply with, evidence of the availability of the necessary information about the product and its manufacturer, labels indicating the name, article, price, size and height, type of fur and color its coloring was not presented to the court. Thus, the court comes to the conclusion that the defendant committed a violation of the requirements of Art. 10 of the Law of the Russian Federation dated 02/07/1992 N 2300-1 (as amended on 07/28/2012) “On the protection of consumer rights.” According to Art. 12 of the Law, if the consumer is not given the opportunity to immediately obtain information about the product (work, service) upon concluding a contract, he has the right to demand from the seller (performer) compensation for losses caused by unjustified avoidance of concluding the contract, and if the contract is concluded, to refuse within a reasonable time its execution and demand the return of the amount paid for the goods and compensation for other losses. In case of refusal to fulfill the contract, the consumer is obliged to return the goods (result of work, services, if possible due to their nature) to the seller (performer). As follows from the provisions of paragraph 36 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 28, 2012 N 17 “On consideration by courts of civil cases in disputes regarding the protection of consumer rights”, when determining the reasonable period provided for in paragraph 1 of Article 12 of the Law, during which the consumer has the right to refuse from the execution of the contract and demand the return of the amount paid for the product and compensation for other losses, it is necessary to take into account the shelf life of the product, the seasonality of its use, consumer properties, etc. Taking into account these circumstances, the court finds the period during which the plaintiff addressed the defendant with the corresponding demand reasonable, taking into account the service life of the product, the seasonal nature of its use, consumer properties, as well as the outbound nature of the defendant’s trade. As established by the court, the disputed fur coat was purchased by the plaintiff <...>, after which the defendant stayed in .... only in <…>, during the period from <…> the defendant in…. was absent, resuming trade in <…> In these circumstances, taking into account the fact that the court was not presented with evidence that the defendant communicated the work schedule to consumers, incl. in <…>, the plaintiff’s appeal to the defendant <…> cannot be regarded as having taken place beyond a reasonable time. The defendant’s arguments that the plaintiff had the opportunity to obtain the necessary information about the product, incl. in terms of size, when purchasing goods, the court finds that they do not affect the validity of N.’s claims. According to Part 4 of Article 12 of the Law of the Russian Federation of 02/07/1992 N 2300-1 (as amended on 07/28/2012) “On the Protection of Consumer Rights”, When considering consumer claims for compensation for losses caused by unreliable or insufficiently complete information about a product (work, service), it is necessary to proceed from the assumption that the consumer does not have special knowledge about the properties and characteristics of the product (work, service). Under the circumstances stated the claims of the plaintiff on the termination of the contract of sale and the recovery of the amount paid for the goods are subject to satisfaction, the amount is subject to recovery .... rub. By resolving other claims stated by the plaintiff, the court is guided by the following. According to Article 22 of the Law, the consumer’s requirements for the return of the amount of money paid for the goods, as well as the requirement to reimburse losses caused to the consumer due to the sale of goods of inadequate quality or the provision of improper information about the product, are subject to satisfaction with the seller (the manufacturer, authorized by the organization or authorized individual entrepreneur, importer) within ten days from the date of presentation of the relevant requirement. In accordance with Part 1 of Art. 22 of the Law, for violation of Articles 20, 21 and 22 of this Law, the Seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) who committed such violations pays the consumer for each day of delay in the amount of one percent of the price of the goods. The plaintiff period of calculating the penalty is determined in quantity .... days, the end of the specified period is associated with the date of filing a statement of claim-<...> Thus, the beginning of the term, the plaintiff adopted the date <...> the court considers it necessary to calculate the start of the period to recover the penalty from the day of the 10-day period to fulfill the requirements of the consumer, At the same time, it takes into account that the plaintiff’s claim was handed to the defendant <...>, the 10-day period of its satisfaction expired in .... hours <...> in accordance with Art. 112 of the Labor Code of the Russian Federation, non-working holidays in the Russian Federation are 1, 2, 3, 4, 5, 6 and 8-New Year's holidays (as amended by the Federal Law of July 23, 2012 N 35-FZ), January 7-Christmas of Christ. December 30 and 31, 2012 were also non -working days. Considering that the plaintiff did not take the dates <...> g., <...> G., the calculation of the penalty for subsequent non -working holidays for <...> G. inclusive is unreasonable. Thus, the penalty is subject to calculation with <...> and as of the <...> its period amounted to .... days, and size - .... rub. (.... Rub.x1%....). For the same period and based on the refinancing rate, 8.25%established with <...> the Bank of Russia dated 13.09.2012 N 2873-U, interests are subject to interest for using other people's funds. According to the clarifications contained in para. 34 of paragraph 34 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated 06/28/2012 N 17 “On the consideration by the courts of civil cases on disputes on the protection of consumer rights”, in the monetary obligations arising from civil contracts providing for the obligation of the debtor To pay for goods (works, services) or pay funds received on the terms of refund, interest can be accrued on the basis of Article 395 of the Civil Code of the Russian Federation for expired payment. The penalty for the same violation of the monetary obligation can be recovered simultaneously with the percentages established by this norm, only if the penalty is penal and is subject to recovery in addition to losses incurred in case of non -fulfillment of a monetary obligation. According to Article 395 of the Civil Code of the Russian Federation for the use of other people's money due to their unlawful retention, evasion of their return, other delay in their payment or unjustified receipt or savings at the expense of another person, interest on the amount of these funds shall be paid. The amount of interest is determined by the discount rate of bank interest at the place of residence of the creditor, and if the creditor is a legal entity, at its location on the day of fulfillment of the monetary obligation or its corresponding part. When recovering a debt in a judicial proceeding, the court may satisfy the creditor’s claim based on the bank interest rate on the day the claim is filed or on the day of the decision. These rules apply if another interest is not established by law or contract. Thus, interest on the use of other people's funds must be recovered from the defendant in the amount .... rub. …. cop. (.... Rub.x8.25%/....). In accordance with Art. 15 of the Law “On Protection of Consumer Rights”, moral damage caused to the consumer due to violation by the manufacturer, the seller of the consumer rights provided for by laws and legal acts of the Russian Federation governing relations in the field of consumer protection is subject to compensation for the causer of harm if there is his guilt. The amount of compensation for moral damage is determined by the court and does not depend on the amount of compensation for property damage. The fact of a violation of the rights of the plaintiff found his confirmation at the hearing, and therefore compensation for non -pecuniary damage caused by the defendant is subject to recovery. Based on the circumstances of the case, taking into account the volume and nature of the moral suffering caused by the plaintiff related to the defendant, obligations under an agreement related to the acquisition of expensive property, the absence of guarantees for the proper fulfillment of obligations to return funds, the requirements of reasonableness and justice, the period of violation of rights The plaintiff, the court believes that moral damage caused to the plaintiff can be compensated by the money in the amount of .... Rules. In addition, due to the violation of N.’s rights, the court’s violation of rights, the court has grounds for recovering the plaintiff’s income for the following grounds. From the clarifications given in paragraph 1 of paragraph 1 of paragraph 46 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated 06/28/2012 N 17 “On the consideration by the courts of civil cases on the disputes on the protection of consumer rights”, it follows that when the court is satisfied with the consumer claims in connection with the violation of his rights established by the Law on the Protection of Consumer Rights, which were not satisfied on a voluntary manner (contractor, seller, authorized by the organization or authorized individual entrepreneur, importer), the court collects a fine from the defendant in favor of the consumer, regardless of whether such a claim was filed for the court (clause 6 of Article 13 of the Law). According to paragraph 1 of paragraph 6 of Article 13 of the Law of the Russian Federation of 07.02.1992 N 2300-1 (as amended on 06/25/2012) “On the Protection of Consumer Rights”, when the court is satisfied with the consumer requirements established by law, the court collects from the manufacturer (contractor , a seller, an authorized organization or an authorized individual entrepreneur, importer) for non -compliance with a voluntary satisfaction of consumer requirements, a fine of fifty percent of the amount awarded by the court in favor of the consumer. The total amount of satisfied claims was .... rub. (.... Rub.+.... Rub.+.... Rub.+.... Rub.). Based on the foregoing, given that the plaintiff’s claims were not satisfied with the defendant in pre -trial order during the consideration of the claim of N., neither in the course of consideration of this civil case, the amount of a fine in the amount of 50% of the awarded amount is subject to recovery from the defendant, which It is .... rub. …. cop. (.... Rub. X ....%). The expenses of the plaintiff on payment for the preparation of the statement of claim and the presentation of interests in the court in the amount .... rub. The court considers it necessary to recover from the defendant as legal costs in accordance with Art. 98 Code of Civil Procedure of the Russian Federation. The specified amount of expenses is confirmed by the materials submitted by the case, including Agreement No. .... From <...>, the act of the provision of services from <...>, by the score .... From <...> and an invoice .... From <...> evidence of the court costs incurred in the amount declared by the plaintiff .... rub. And the costs of notarization of the power of attorney in the case materials were not submitted. Furthermore, in accordance with Art. 103 of the Code of Civil Procedure of the Russian Federation from the defendant, the state fee shall be recovered in the revenue of the Mojta budget, from which the plaintiff was exempted from the payment of. The size of the state fee, proportional to satisfied requirements, amounted to .... rub. …. cop. On the basis of the foregoing and guided by Article 194-198 of the Code of Civil Procedure of the Russian Federation, the court of the R and L: Partially satisfy the claims of N.. Derminent the contract of sale of goods in installments No. .... From <...> G., concluded between the individual entrepreneur L. and N. to recover from an individual entrepreneur L., Ogrnip ...., TIN ...., registered as an individual entrepreneur <...> g., living at the address: .... …. In favor of N. living at: .... Cash under the contract of sale in the amount .... rub., a penalty in total .... rub., interest in total .... Rub. …. Cop., compensation for non -pecuniary damage in the amount .... rub., a fine in total .... rub. …. Cop., legal costs for paying legal services in the amount .... rub. …. Cop., all .... rub. …. cop. To recover from an individual entrepreneur L., Ogrnip .... TIN .... registered as an individual entrepreneur <...> G. living at: .... …. The state fee in the revenue of Mojo's budget in the amount .... rub. …. cop. The decision can be appealed to the Supreme Court of the Republic of Kazakhstan through the Ukhta City Court within a month from the date of adoption in final form. The motivated decision was made on May 22, 2013 by Judge O.N. Churina correctly O.N. Churina

Return of a fur coat purchased on credit

Not every buyer will be able to immediately pay the entire amount for a fur coat. Many people make purchases on credit.

If you decide to return a fur product purchased on credit, you will have to repay the loan amount.

The algorithm of actions is as follows:

• contact the bank with a request to issue documents confirming the amounts you have paid on the loan, as well as interest charges,
• return the purchased fur coat to the store,
• demand from the seller a refund of the amount for the goods.

After resolving all return issues with the store, continue to pay the credit, as otherwise a penalty will be charged.

When the dispute is resolved, the seller must return to you any money you paid in excess of the loan amount. Contact a qualified legal professional to avoid losses.

At the time of buying

Choice is an important point in purchasing an expensive item. Therefore, it is worth initially approaching this process responsibly. You will not waste time if you learn in advance about some of the nuances of purchasing fur products.

Fake

Even in a brand store there is a risk of purchasing an item that does not meet the declared quality. A rabbit may be passed off as a mink, the skins may be of poor quality, and there are other cases of fraud. Therefore, at the time of purchase, be guided by the available control methods:

• require the provision of all documents that will prove the quality of the fur products offered;
• check certificates of conformity;
• find out about the availability of supply contracts;
• check the manufacturer's data, which the seller must have.

Remember: you cannot be denied these demands, as they are legal.

A mandatory condition for the sale of fur products is marking with special chips (the rule is valid from 08/12/2016). If there is no chip or the seller refuses to provide the necessary information, contact the territorial branch of the Federal Tax Service, this issue is under their jurisdiction.

Where to buy

The place where you are going to buy a fur coat does not matter. From the point of view of legislation, an expensive brand store, a fur fair or a boutique on the market bear equal responsibility for the quality of the products sold.

This is stated in the same Resolution No. 55, paragraph 10. Consumer rights will be equally protected regardless of the place of purchase.

Timely verification of compliance documents and quality certificates will help in choosing real fur, but does not cancel your right to return/change a fur coat under certain circumstances. Let's find out how and in what time frame this should be done.

General return policy

To get a refund for a fur coat, you need to have your passport, fur coat, and a receipt confirming payment with you. Please remember that when returning a product that is not defective, it must remain in its original condition.

If you lose a check, you have the right to use the testimony of witnesses. For example, it could be your loved ones or friends with whom you consulted when trying on a fur coat. A store employee might also remember you.

The store will require you to write a return application. The legislation on the protection of consumer rights does not contain a rule obliging the consumer to draw up such a statement, however, to speed up and facilitate the return procedure, it is advisable to write one.

Important! If you paid in cash when purchasing a fur coat, the money must be returned on the day the goods are returned. If you paid for your fur coat by bank transfer, it should arrive in your account within three days.

If the consumer requires a fur coat to be replaced with a similar fur product of appropriate quality, 7 calendar days are allotted for the replacement.

If the seller has announced the appointment of an examination (for example, in order to establish the causes of defects), the replacement period may be extended, but not more than by 20 calendar days. If the seller does not have the goods required for replacement, the period is extended, but not more than by a month.

If the buyer makes a demand for a proportionate reduction in price, for reimbursement of expenses for eliminating defects, then the seller is obliged to fulfill it within 10 days from the date of presentation. If the consumer requires the seller to eliminate defects, then this requirement must be fulfilled within 45 calendar days.

Watch the video. How to return an item to the store:

Types of factory defects

The following defects may be grounds for conducting an examination for manufacturing defects:

• Fur comes off, except in cases of trimming (minor loss of hairs at the seams) and violation of the rules of operation and storage. The reason for the “shedding” of a fur coat can only be determined by conducting an independent examination.
• The product began to smell bad. The cause of the unpleasant odor is poor quality processing of hides and the use of poor raw materials in production.
• The skin is painted. If, upon contact with fur, traces of paint remain on your hands, there is a manufacturing defect on your face, which is unlikely to go away as a result of dry cleaning.
• Mechanical damage. Only an examination can establish the cause of tears in the seams and deformation of the lining.
• Natural defects in the skin, lint, and slight rustling are not considered manufacturing defects; accordingly, a fur coat with such defects can be exchanged only within 14 days. Also, shedding is not considered a marriage. Changing color over time is natural for natural materials, which is worth considering when purchasing.

How to make a complaint to the seller

Remember! If the seller refuses to accept the item back, file a claim. This document does not have a strictly established form, but certain details must be indicated.

claims for the return of a mink coat to the store for free in word format

In the upper right corner, enter:

• name of the legal entity (seller),
• seller's address,
• Full name and address (according to registration) of the consumer,
• contact number.

In the main part, describe the current situation, justify the reasons for returning the goods, and state your requirements to the seller.

At the end, add your date and signature.

Make a claim in duplicate. If you take it to the store in person, make sure that the employee puts a mark on the second copy accepting the claim.

You have the right to send a claim by registered mail with notification.

ATTENTION! Look at the completed sample claim for returning a mink coat to the store:

How to return a fur coat to the store: where to go in the regions of the Russian Federation

• Altai (republic) Maima village

Terms for consideration of the application and refund

Each submitted claim must be considered, but the question of the timing of its consideration is of interest.

According to the Law of the Russian Federation “On the Protection of Consumer Rights”, the period for consideration of a claim is 30 days from the date of its receipt by the addressee. In practice, the processing time for a claim is usually approximately 10 days. During this period, the seller is obliged to return the money paid to the buyer.

If the seller does not respond to the claim within the prescribed period, the consumer has the right to send it again or go to court with a claim for compensation for material and moral damage.

If the buyer sends a claim again, the document itself should indicate that ignoring it entails the need to contact the judicial authorities.

Statement of claim for compensation for moral damage.

What to do if the seller refuses to return the money?

In cases where store employees do not want to accept your fur product and issue a return, you should contact this organization with an official complaint. Such a pre-trial procedure is mandatory before filing a claim in court and indicates that the parties were unable to reach an amicable agreement.

Algorithm of actions if you fail to return your fur coat:

1. Prepare a written claim in two copies.
2. By registered mail or personally deliver to the seller.
3. Require the employee's signature on your copy.
4. Expect a response within 10 days.

Drawing up such a document is not a difficult task, since there are a large number of ready-made samples. All that remains is to add your data and information about the subject and the other side of the dispute.

If a claim is rejected, the buyer has the right to file a claim in court to recover funds for the purchase. If during the consideration of the case it is established that the seller’s actions were unlawful, the plaintiff will be able to demand compensation for legal costs and expenses associated with legal services in this matter.

You may probably be interested in the following topic: sample claim for consumer protection.

Resolving the issue in court

If you decide to go to court, remember that in order to satisfy the claims stated in the claim, it must be correctly drawn up, without errors or omissions.

statement of claim for returning goods to the store free of charge in word format

Please include the following information in the document:

• full name of the court to which the claim is sent,
• comprehensive information about the plaintiff (full name, contact details, registration address and residential address). If the plaintiff is a legal entity, then its details must be indicated. If the interests of the plaintiff are represented by a person authorized by him, then the claim must contain the information of such a representative. In most cases, this is a lawyer; a trustee or guardian may also represent the interests of the plaintiff. Attach to the statement of claim documents confirming the rights of these persons to act on your behalf in court,
• comprehensive information about the defendant. Basic information about it should be indicated, and, if necessary, additional information. It is impossible to correctly draw up a claim without such information,
• the main circumstances, the subject of the dispute and the content of the requirements presented by the plaintiff to the defendant,
• the cost of the claim, which means the value of the claims stated in the claim. It includes compensation for real harm and compensation for moral damage. In a statement of claim, you can demand that the defendant perform certain actions, for example, carry out repairs,
• grounds for filing claims. The actual circumstances of the violation of your rights are indicated, and this information is supported by the norms of legislative acts.
• evidence that substantiates your position, confirming that you are right. After examining the evidence, the court will make a decision on the case,
• a list of documents directly related to this case. They are classified into mandatory and optional. Before filing a claim, make sure you have the documents available. Mandatory ones include, for example, a passport of a citizen of the Russian Federation and its copy, a child’s birth certificate (in relation to claims for alimony), etc. For almost all claims, a mandatory document is a receipt confirming payment of the state duty. Additional documents include checks, receipts, invoices and other documents. A competent lawyer can help you with compiling a list of additional documents.
• Please sign and date it at the end.

Attention! At first, you might think that drawing up a statement of claim is not difficult. However, if you miss some important point, then the acceptance and satisfaction of the claim will be refused.

The court may accept a claim with defects and then suspend the proceedings, giving the applicant time to correct the errors.

When drafting, it is advisable to rely on a well-written sample statement of claim (which you can find on our website) in order to avoid problems in the future and save time on correcting errors.

ATTENTION! View the completed sample statement of claim for consumer protection:

Are fur products subject to return, what does the law say?

According to Law No. 2300-1 “On the Protection of Consumer Rights,” absolutely any fur coat can be returned. Moreover, it almost always does not matter where exactly the outerwear was purchased: from a popular brand, at a fair or in a regular store or shopping center.

By default, each seller is responsible for the quality of the goods sold. In addition, it does not even matter whether the fur coat was purchased in the appropriate season or already during a sale, a deal was concluded immediately for the full cost of the product or arranged in installments, or the product was sewn from cheap or valuable breeds of fur.

It turns out that the external conditions of the purchase do not cancel the client’s formal rights; some parameters of the return algorithm simply change, especially if we are talking about a completely new or already worn fur coat.

From a legal point of view, all sellers, regardless of their status, bear equal responsibility for the quality of the products offered. This rule is clearly stated in Resolution No. 55 (in paragraph 10), clarifying that the rights of a dissatisfied consumer will be protected regardless of the place or format of the transaction (including online stores).

Maximum attention from the buyer during a thorough inspection of the product and timely verification of compliance documents and quality certificates will greatly help in choosing a real fur coat, but does not guarantee the expected quality. But, since the law does not have any specific restrictions regarding fur products, there is always a chance to prove your case even some time after making the purchase.

Reasons for return

Current reasons for returning a fur coat back to the store can be divided into 2 groups: upon closer examination, the product was not liked for some external or aesthetic taste, although the product still meets the standards, and also when, during the process of wearing the item, poor quality tailoring or more was discovered serious product defects. The following cases are often distinguished:

• identified manufacturing defects or other defects;
• ugly colors, design or decorative elements;
• the product contradicts the stated size chart;
• There was no longer any need for this purchase.

It is noteworthy that in all of the above situations, the client will be able to return the product without any problems , although the return or exchange algorithm will be partially different. Also, a citizen may not at all voice the true reason for refusing to purchase (this is also regulated by law), although clarifying the prerequisites for his decision significantly speeds up the process.

Who to make demands on

A standard demand for refusal to fulfill the terms of the contract and return of the amount paid can be presented simultaneously to several persons. According to paragraph 2 of Art. 18 of the Law on the Protection of Consumer Rights, you can return the fur coat and demand compensation for the amount paid (clause 3 of Article 18) from:

1. Seller (any organization or other outlet, regardless of its actual organizational and legal form).
2. Authorized entrepreneur (responsible persons entrusted with satisfying customer requests).
3. To the importer (a company that officially imports fur products for their subsequent sale in Russia).
4. To the manufacturer (directly to the manufacturer of fur coats, which is engaged in the resale and distribution of the brand throughout the country).

It is advisable to go step by step and gradually convey your complaint first to the lowest level in the presented chain (managers, cashiers and directors), and after ignoring your problem, forward your complaints further (to management and company representatives in a particular city) . If you believe the reviews, then usually both parties manage to reach a compromise in the early stages and do not bring the dispute to management or higher authorities.

Who proves the occurrence of defects

When the return of a defective fur coat is focused specifically on identifying defects and the defects found must be proven, then this stage - collecting and providing evidence - is forced to be performed by a certain person. Moreover, according to the law of the Russian Federation (paragraph 2, paragraph 6, article 18), depending on the situation, this task is transferred each time to a different side of the dispute:

• to the seller, if the fur coat has a warranty period
• to the client when flaws appeared after wearing the clothes.

A particularly confusing moment arises when the situation comes to conducting an examination. Everyone has the right to request such a control check, because it can also serve as an evidence base. But according to the mentioned regulations, the mandatory involvement of a specialist is paid for by the store. Only if it turns out that the consumer has damaged the goods or is responsible for causing defects, the cost of the examination will have to be paid by the client.

Statute of limitations

The expiration of the statute of limitations in consumer protection cases indicates that the consumer will not be able to prove his case. Therefore, it is important not to miss this deadline. How is the statute of limitations calculated?

The starting point is the moment the seller refuses to satisfy the buyer’s demands or misses the deadline within which it is necessary to respond to the claim. All products can be divided into those for which a warranty period is established and those that do not.

If the subject of the dispute is a product from the first category, then the consumer has the right to make claims to the seller or manufacturer. If the consumer is denied satisfaction of his demands, he has the right to file a claim in court within a 3-year period from the date of receipt of such refusal.

If the consumer appeals to the court after the expiration of the guarantee period, then the court in this case may leave the claim without satisfaction if a petition is filed by the defendant.

If the subject of the dispute is a product from the second category, then the consumer has the right to make claims to the seller within a 2-year period from the date of receipt of the goods. At the same time, the law or the agreement concluded between the parties may establish other provisions related to the calculation of this period.

What should you do if the seller refuses to satisfy your demands or does not respond to you within the specified time? From this moment the 3-year period is calculated. If the warranty period established for a product is less than 2 years, then the consumer can make claims within two years.

Return of a fur coat purchased at the market.

Refusal of a fur coat of proper quality

During the established return period (14 days), an item purchased in a store (even if there are no quality issues) can be returned by requesting:

• exchange for a product of a different size, color, etc. (if available);
• replace with another model (if available). If the price of a product of a different model differs from the price paid, then such difference must be reimbursed;
• get your money back and return the purchased product.

On a note!

A person has the right to choose to return the money or consider alternative options, even if the store tries to force its opinion on him.

Conditions for returning/replacing goods

Return of goods is possible if:

1. The item was not worn;
2. There are documents or data confirming the fact of purchase.

Attention!

The loss of the above documents is not a reason to refuse a refund or replace it. In this case, witness testimony can be accepted as evidence, and if the products were paid for, for example, with a bank card, then the consumer can show a bank statement for his account.

1. The presentation and tags are preserved.

What to do if the store refuses to return money for a fur coat

The seller does not have the right to refuse to return the goods to you in accordance with Russian law. However, in practice, there are also cases when the store categorically does not want to return the money. Under such circumstances, we recommend that you initially write a claim (must be in writing) and contact the store with it, demanding the return of the fur coat and the money paid.

If the seller (after sending him an official complaint) refuses to return your money, then you can (at your choice) contact:

• To the Society for the Protection of Consumer Rights;
• To Rospotrebnadzor;
• To the judiciary.

Attention!

During the claims process, it is important to comply with formalities. Thus, the claim must be made in writing, and you must also have evidence of the transfer of this claim to the seller, in particular, postal receipts (if the claim was sent by Russian mail), a receipt mark on the claim itself (if the claim was sent on purpose). Moreover, if a claim is submitted to the store via email, the court may not take such a claim into account. To correctly file a claim, we recommend that you contact specialists.

Often, after receiving a claim, sellers intend to resolve the problem peacefully, without taking the matter to court.

Where to file a claim

For consumer protection claims, jurisdiction is at the plaintiff's choice.

This means that the consumer can file a claim in one of the following courts:

• court located at the place of residence or stay of the plaintiff (both temporary and permanent registration are taken into account),
• court located at the location of the legal entity (defendant). If the defendant is an individual entrepreneur, then you can file a claim in court at your place of residence. In this case, you have to find out the exact address of the organization. Usually it is indicated in the consumer's corner, you can also use an Internet search,
• the court located at the place where the contract was concluded or executed. This is the specific store where you purchased the product.

As for generic jurisdiction, depending on the value of the claim, it must be filed in the district court or magistrate.

The value of the claim is the amount that the plaintiff wants to receive from the defendant. If the price of the claim does not exceed 50,000 rubles, then the claim is submitted to a magistrate. If the amount of the claim exceeds 50,000 rubles, then the claim is filed in the district court.

If the claim includes several claims, and some of them can be considered by a magistrate, the case is considered by the district court, since the total value of the claim exceeds RUB 50,000.

If initially the price of the claim was less than 50,000 rubles, and during the trial it exceeded this amount, the claim is transferred by the magistrate to the district court. The case is being considered thereafter.

How are furs purchased from an online store returned?

Products purchased on the Internet are the same goods as store-bought ones. Therefore, everyone has the right to return it. The main thing is to know how to act. If you ordered a fur coat in a regular store with online delivery, then the timing and sequence of actions will be standard; such a case is not considered distance selling.

If you made a remote purchase in an online store, the rules change somewhat:

• You can refuse a quality item during the entire time until it is delivered to you. You are not required to explain the reason for refusal, and do not incur any costs until you receive your order.
• If after receiving it you do not like it (does not fit in size, color, style), then you will have a week to return it. But shipping costs if there is no defect in the product are borne by the buyer.
• If defects are detected, the fur product can be returned during the entire warranty period or within 2 years if one has not been established (that is, as in the situation with stationary points). But you will be able to get the full amount back only after your parcel is delivered to the online store.

When identifying deficiencies, proceed according to the scheme described above: negotiations, examination, and if you refuse to accept a low-quality item, go to court.

All about state duty

According to paragraph 3 of Art. 17 of the Law of the Russian Federation “On the Protection of Consumer Rights”, in claims for the protection of consumer rights, plaintiffs are exempt from paying state fees.

This rule applies to both the consumer and persons who file a claim in consumer protection. These include, for example, the prosecutor, Rospotrebnadzor and public associations (if they have the status of a legal entity).

Attention! State duty calculator.

Article 17 of the Law “On the Protection of Consumer Rights” contains a provision that the grounds for exemption from payment of state duties are regulated by legislative acts on taxes. According to paragraph 3 of Art. 333.36 of the Tax Code of the Russian Federation, state duty is not paid if the value of the claim does not exceed 1 million rubles. Consequently, if the price of the claim exceeds 1 million rubles, then the plaintiff will have to pay a state fee.

Watch the video. How to file a lawsuit yourself:

Store responsibility

So, according to paragraph 1 of Art. 13 of the Law, the performer is liable for violation of rights in accordance with the law or contract. Articles 14 and 15 of the Law on the Protection of Rights provide for monetary liability, as well as the right to compensation for moral damage.

In addition, if the case goes to court, the store will incur the following expenses:

• return the purchase price;
• all legal costs, including those for a lawyer;
• reimbursement of expenses for the examination (if carried out);
• return the amount of moral damage;
• fines for refusal to voluntarily return goods.