Return of jewelry: law, when it is possible/impossible to return jewelry to a store, pawnshop, requirements, return procedure, terms for refund

Regulatory regulation of trade in precious metals

The regulatory framework for the handling of precious metals and stones is constantly changing, updated, and supplemented. The main document that defines the basis for regulating relations that arise when performing all kinds of operations with valuable materials and products (geological study of deposits, mining, production, use and civil circulation, including) is Federal Law No. 41 “On Precious Metals and Precious Stones” "

The actions of manufacturers and sellers are regulated by Russian government regulations:

• №684;
• №2463.

You can always refer to the Federal Law “On Protection of Consumer Rights”. It defines the rules for the sale, delivery, and return of purchased items, including jewelry.

Return procedure and conditions: instructions

If any defect is found in the jewelry, then the following sequence of actions must be followed.

First you need to contact the store where you purchased the product. Often it is necessary to draw up a letter of claim about the return and the reasons that led to it. It is recommended to attach copies of the label, tag, and payment receipt to the letter.

If the receipt was accidentally thrown out or lost, you can confirm the fact of purchase in a different way, for example, confirm with the help of witnesses or use video recording in stores.

If the seller needs to find out the cause of the defect, an examination will be appointed. The store must pay for it. The buyer can be present at it. If he does not agree with the results, then in the future he can conduct another independent examination, but at his own expense. It makes sense to carry out an examination at the buyer’s initiative only if the case goes to court.

The claim will be considered within ten days. If after this period you receive a refusal, or the seller does not make contact, you will have to go to court.

Through the court, in addition to the return of the amount for the purchase of a defective product, you can demand compensation for moral damage. The legal dispute must also be carried out at the expense of the seller. There is no need to pay state duty.

Sample documents for downloading:

1. Application from the buyer with a request to exchange the product for a similar one.
2. Application from the buyer for a refund for the goods.
3. Claim for return of goods of proper quality or inadequate quality.

Requirements for jewelry products for sale

To determine the order of formation of relations between the seller and the consumer, the concepts must be clarified. Then it is easier to navigate the jewelry trade. Precious metals include:

• gold;
• silver;
• palladium group metals: rhodium, iridium, palladium, platinum, ruthenium, osmium.

The concept of precious stones is also given, since they are often inlaid with gold jewelry. This product group includes:

• diamond (diamond);
• pearl;
• ruby;
• alexandrite;
• emerald.

Synthetic inserts are not considered precious, even if they have properties similar to natural formations (organic, mineral). But jewelry can also be set with semi-precious stones. There is no prohibition on the use of non-precious (synthetic) inserts, but in appearance they are inferior to the characteristics of the precious metal, and therefore are extremely rare, usually on products made from a low-grade alloy. More often, semi-precious and precious stones can be seen on products made from high-grade alloy.

Jewelry with precious stones
Requirements for jewelry:

• the presence of an assay is mandatory: several centuries ago, identification marks may have been absent, since there were no strict requirements for control over the movement of precious metals and jewelry, today all items made of precious metals pass through the Federal Assay Office;
• stamping of the name plate is carried out (one of the main rules for jewelry produced in Russia);
• It is mandatory to present certificates for stone inserts at the consumer’s request;
• display samples undergo additional testing; they should be free of defects, damage, and signs of wear;
• the consumer may ask for control weighing to be carried out in his presence, this requirement should be acceded to, since it is completely legal;
• Additional packaging is required for items made of precious metals if they are of high value.

Note: Silver jewelry is allowed for sale without hallmark, but provided that the weight of 1 item does not exceed 3 g.

Product information on the label

The consumer must receive all necessary information about the jewelry before and after paying for it. It is provided in different ways: on the label and on the receipt. The store undertakes to provide complete information about all decoration parameters:

• Name;
• type of base material and surface layer (if any);
• vendor code;
• manufacturer, brand;
• product weight (grams).

What to do if your rights are violated?

If the seller refuses to accept the defective product back and reimburse expenses, the consumer has the right to:

• Write a claim for a refund. The document is sent by letter with notification or handed over in person against signature of acceptance. In case of ignoring or providing a negative answer, the buyer has the right to contact the supervisory authorities.
• Contact the Society for the Protection of Consumer Rights. Our specialists will help you competently draw up a repeated claim, and will also defend your interests in court.
• Complain to Rospotrebnadzor. The supervisory authority accepts both written and electronic submissions. To file a complaint via the Internet, you should go to the department’s website, fill out the form provided through the “Appeals” section and submit the information for consideration. Documents in scanned form are attached to the complaint (correspondence with the seller, expert opinion, etc.).
• Write a complaint to the prosecutor's office if there is a criminal offense. For example, the sale of counterfeit jewelry.
• File a claim with the justice authorities.

The claim states:

• court name and address;
• Full name of the applicant, place of residence and temporary stay, contact details;
• information about the defendant: name, legal and actual address, INN, OGRN, KPP, date of registration in the Unified State Register of Legal Entities (or Unified State Register of Legal Entities);
• name of the document: “Statement of Claim”;
• circumstances of the case;
• normative justification for the position;
• claim procedure;
• demanding part;
• list of attached papers;
• day, month and year;
• applicant's signature with transcript.

Important: claims for the restoration of consumer rights are not subject to state duty.

Collected papers:

• submitted to OSGD during reception hours;
• sent by registered mail with notification.

Is it possible to return a piece of jewelry if you don't like it?

It is impossible to return jewelry of proper quality to the store. Inappropriate size, shape, or color are not grounds for returning goods. The law provides for the return of jewelry only in cases of factory imperfection.

Is it possible to return without a receipt and without a tag?

Products made from precious metals are expensive goods, and therefore there is a risk of being deceived not only by the buyer, but also by the seller. A store consultant is not always an expert and may encounter an unscrupulous consumer, therefore:

• If there is a need to return jewelry to a store, you must fill out a written application.
• Supplement the document with a cash receipt confirming the fact of purchase.
• It is important to keep and provide the tag containing information about the product.
• The collected evidence is sent with the product for examination.
• It is impossible to return goods without the appropriate certificates.

Is it possible to return jewelry according to the Law?

It is believed that 2 categories of goods (jewelry and medical) are not eligible for return. And this is true for the most part, but with some exceptions. The law defines a limited list of cases when the seller is recommended to consider issuing a return on sold jewelry.

In order not to waste your time trying to return an item to a jewelry store, you need to make sure that the current situation is also included in the list of exceptions to the law. This is discussed in more detail in the Federal Law “On the Protection of Consumer Rights” (Article 18).

Where to conduct the examination

If it is established that the precious product turns out to be a fake, then you should contact the Antimonopoly Service of the Russian Federation.

However, in order to contact this authority, you must have the results of an examination in your hands, which clearly establishes that the jewelry is a fake.

This type of examination is carried out at the Gemological University at Moscow State University, at the State Assay Office and in some other institutions.

In particular, a refund or exchange of products is carried out if the following shortcomings are discovered:

• visible and hidden defects of products;
• poor quality of decoration;
• non-compliance with the stated characteristics.

If a jewelry store refuses to conduct an examination, contact an expert institution yourself, although in this case you will have to pay for the experts’ work yourself.

Reasons for returning/exchanging jewelry

Often the seller will state that the jewelry cannot be returned in any case. The calculation is made that the consumer does not have sufficient knowledge on this issue, then he would agree that the item cannot be returned or exchanged. However, you need to prepare for a conversation with consultants or jewelry store managers by studying the main reasons why they should accept the purchase back:

• discrepancy in the type of sample or its absence on goods that are not original;
• the breakdown is not the fault of the buyer: stones may fall out, the special fastening of the insert may break, etc.;
• presence of loose elements;
• breakdown of moving elements: chain links, fastening parts;
• stopping the movement of a precious metal watch purchased in a jewelry store.

Silver jewelry

When it is impossible to return an item

It happens that even on legal grounds it is not possible to make a return. This often happens in small stores, small departments of shopping centers - where control by the authorities regulating such issues is minimal or completely absent. There are more chances to make a return if the purchase was made in a large store.

It is possible to return an item purchased at a jewelry store only if its original appearance is preserved. In addition, there must be a tag with which the jewelry was purchased. If these conditions are not met (the product is no longer in proper shape, it has scratches, stains, signs of wear, the label is lost or thrown away), the store has the right not to pick up the product, even if there was initially a hidden defect.

When, when exchanging jewelry, the consumer gives other reasons for refusing to purchase, such an item cannot be accepted. The absence of defects, full compliance with the requirements for jewelry, serviceability of fasteners and moving parts - all these factors are the basis for a store to refuse to replace or return a jewelry item.

Reasons why they may refuse to return money for your jewelry

The store has the right not to accept jewelry items if the following events could be the cause of the defects:

• the material has been chemically attacked, resulting in a color change;
• the ring was stretched in the workshop, as a result of which the insert was displaced;
• the owner did not follow the rules for caring for the purchased jewelry;
• Traces of mechanical impact are visible on the object.

If the item is made of precious metal or includes a precious stone, the buyer can return it to the place of purchase only because it is defective.

Requirements for the seller

The seller (store) undertakes to control all areas of activity:

• accurate accounting of products and safety are ensured;
• conditions are created for inspecting jewelry before purchasing;
• products are grouped according to main parameters on the shelves;
• information about assaying and the value of precious stones is provided;
• The cost of the item is explained, it is important to help the buyer understand how valuable the jewelry is.

Other requirements that the consumer has the right to present to the seller with a request to return jewelry;

• replace a piece of jewelry that has become a non-liquid item due to an oversight or the intent of store employees, and in exchange is offered a similar or different product, but in the same price category; it is also possible to recalculate the cost if the consumer has chosen a more expensive piece of jewelry;
• reduce the cost of jewelry due to the presence of defects: taking into account such features, the price should be lower, since the product goes to discounted (if it is not possible to eliminate the defect);
• return funds;
• ask for work to be carried out to eliminate damage to the gold, or pay the costs of repairing the product yourself.

Jewelry seller

Which jewelry can be returned and which cannot?

has every right to take poor-quality jewelry . For example, a bracelet or chain broke a few days after its purchase, the watch soon stopped working, a stone fell out of the ring, etc.

But returns are allowed if the product malfunction was not the fault of the buyer as a result of careless handling.

High-quality jewelry, if you simply “don’t like it” or “probably chose something wrong,” cannot be returned even the next day after purchase.

Collection of penalties

If the case goes to court, the plaintiff has the right to demand not only a refund of the amount for the defective product, but also a fine of 50% of the purchase amount. You can also receive a penalty for each day of non-return of funds, which compensates for the violation of consumer rights. To do this, you need to write a claim to the seller demanding compensation for losses and lost time.

Who calculates the penalty and how? The amount of the penalty is calculated independently. If the seller does not replace the goods within 7 days from the date of presentation of the demand, from the 8th day a penalty in the amount of 1% of the cost of the goods can be charged. If the goods are sent for examination, the consideration of the claim is 20 days, the calculation must begin from 21 days after delivery of the written demand. In this case, the countdown of the first day allotted for consideration of the claim must begin not from the moment the letter is delivered, but from the day following this day.

The case will be heard by the court at your place of residence, but if it is more convenient for you, you can file a claim with the court at the location of the defendant. If you purchase low-quality jewelry, the court is on your side. An experienced lawyer will draw up a claim, a lawsuit, and help collect evidence for the court hearing. Each case of consumer fraud is individual. A positive result depends on many aspects.

When buying jewelry as a gift, try to negotiate a return or exchange with the seller within a few days in case the size doesn't fit. Despite the lack of legislative regulation of this issue, in practice many sellers meet buyers halfway.

How to return jewelry of inadequate quality?

In order to hand over improperly matched jewelry to the salon, you need to follow a few simple steps:

• Prepare a sales receipt, a saved tag and your personal passport;
• Make a visit to the store with the purchased product and the above documents;
• Write a claim addressed to the director with a request to return or exchange the products;
• Wait for a decision on your issue - this period lasts no more than 10 days.

Can jewelry of good quality be returned?

The specifics of returning jewelry of proper quality lie solely in a personal agreement between the client and the seller. After all, according to the law, high-quality jewelry cannot be returned. But store management can make an exception, for example, for its regular customers. In this case, when buying, for example, a gold ring for a bride, you can agree in advance with the seller that if it does not suit the size of your chosen one, you will bring it back and they will exchange it for a suitable number.

Procedure for returning jewelry goods

You need to prepare: take the purchased jewelry, documents about the purchase, etc. You may need additional data, for example, a specialist’s opinion on the causes of the breakdown. You can find out what documents need to be attached to the application directly in the store, since each seller has his own instructions in this regard.

If the receipt was lost, you need to prove that the item was purchased in this store and not in a neighboring retail chain. To do this, you must restore the payment document. This can be done if the store keeps detailed records. Alternative options are: eyewitness accounts or data from CCTV cameras (if the incident occurred recently, the information is still stored).

Contacting the seller with a receipt, tag, passport and jewelry

To return a piece of jewelry, you need to take it to the seller. Must provide:

• the label with which the item was purchased;
• check;
• buyer's identity document.

When one of the documents is missing, it is much more difficult to exchange and return jewelry. This will be a reason for refusing to satisfy the buyer’s request, and on legal grounds.

Gold ring with tag

Making a claim requesting an exchange or refund

Most often, the seller is looking for reasons to avoid returning. If all the conditions of the procedure were met by the consumer, the store has no reason to ignore the request. A statement of claim is drawn up to the seller with a description of the essence; it must contain an explanation of the reason why the consumer decided to refuse to purchase the jewelry. It must be written on the spot, and in two copies, one should be kept with you. Appeals are endorsed by the seller, thereby confirming the fact of familiarization with the claim.

It is allowed to send an application by mail, but the absence of a signature on receipt may prevent you from winning the court in the future, so it is recommended to send a written application by registered mail with notification.

Waiting for a response to the complaint

The store has the right to give one of 2 response options: reject or satisfy the request/demand stated in the application. The law allows up to 30 days to study the issue in detail and make a decision.

If a defect is detected

A citizen who has purchased a low-quality product has the right:

• return the product to the seller and get your money back;
• demand a reduction in the price of the decoration;
• demand the replacement of an item with another one available for sale;
• demand correction of defects (for example, repair of goods).

The buyer himself decides which of the above rights to use.

If a citizen discovers a defect in his item during the warranty period, he should make sure that the defect arose before purchasing the product.

When returning, you must present a document confirming the purchase of the jewelry in the store. Usually this is a check. If there is no such document, the citizen has the right to use other evidence. For example, bank statements, witness statements, etc.

Next you need to fill out an application. The document records the following information:

• name of the organization where the citizen applies;
• applicant details: full name, passport series and number, address, contact telephone number;
• information about the date of purchase;
• product name and price;
• link to the document confirming the purchase;
• description of the defect (for example, the prongs no longer hold the stone);
• buyer's requirement (for example, to return money or exchange the product for the same one);
• informing that in case of refusal the applicant will seek judicial protection;
• list of attachments (copy of the cash receipt, other documents for the purchased jewelry);
• signature, surname and initials.

The response to the claim must be received within 10 days from the date of the citizen’s application. This period is approved in Article 22 of Law No. 2300-1.

If store representatives believe that a given piece of jewelry meets established quality standards, the organization is obliged to conduct an examination at its own expense.

If the seller refuses to exchange the product due to the fact that a similar product is not on sale, then the contract is terminated. The citizen gets his money back.

When they refuse to return

It is possible to get money back or new jewelry if the old bracelet/pendant was returned to the store in limited cases, since quite often the consumer is refused to fulfill the conditions of the requirement. Legal grounds for the seller not to pay funds:

• the buyer applied much later: the warranty period provided upon purchase had expired;
• Violation of deadlines for handling these issues: only the first 14 days after the transaction (if the defects are obvious) or six months (if the damages are not obvious) are given to consider the purchase;
• a ring, bracelet, chain or other jewelry will not be accepted back if signs of wear are visible (metal darkening, scratches, abrasions, lack of shine).

Decision through court

The consumer can go to court provided that 1 year has not passed since the purchase of the jewelry (this is the statute of limitations on this issue). First you need to make a complaint to the seller - write a statement. If there is no response, this document must be attached to the claim when going to court.

How long does it take to return jewelry?

Do not miss the deadline for returning the goods.
You have the right to demand the return of the jewelry within the following periods:

• In warranty - installed by the manufacturer.
• Within a reasonable period, not exceeding 2 years from the date of purchase (unless a longer period is provided for by the contract/law), in the absence of a warranty or its validity period is less than 2 years - clause 1 of Art. 19 No. 2300-1 Law of the Russian Federation.
• When purchasing online, at any time before the jewelry of proper quality is delivered to you, and after that, you have 7 days from the date of transfer. If the seller did not provide you with information about the procedure and terms for returning the goods at the time of delivery, 3 months from the date of its transfer.

Important! If a significant defect is identified after the warranty expires, you can file claims against the manufacturer during the service life of the jewelry. If it is not established - within 10 years from the date of transfer of the goods to you (Clause 6 of Article 19 No. 2300-1 of the Law of the Russian Federation).

Question-answer section:

Can I change my gold ring if it doesn't fit?

Expert opinion

Pribrezhny Gennady Valentinovich

Jeweler 6th category

An item purchased in an offline store can be replaced if a defect or other defects are detected. An unsuitable color or size is not a sufficient reason to contact a jewelry store and request a replacement piece of jewelry. Moreover, it does not matter how long has passed from the moment of purchase: less than 1 hour or 1 month. The ban on accepting a whole and undamaged ring/bracelet applies regardless of the deadline. All that remains is to contact the jeweler to change the size of the ring.

In what time frame can I return the marriage?

Expert opinion

Grishanov Mikhail Petrovich

Jeweler, director of the Grishanov and Co. workshop

If external damage is visible, you should request a replacement or refund no later than 14 days from the date of purchase. Invisible defects may not be detected immediately. A period of 6 months is given, after which you no longer have to return the jewelry.

Can I return jewelry purchased online?

Expert opinion

Zilbertrud Dmitry

Lawyer, legal bureau "Verdict", Voronezh

Remote purchases (online via the Internet) can be returned regardless of the conditions listed above. This feature is explained by the fact that the buyer does not have the opportunity to inspect the product for defects. In this case, the seller must invite clients to read the public offer agreement, agree to its terms by checking the box (a pop-up window appears on the website).

Jewelry purchased online

Is it possible to return gold to the store if it was purchased a year ago?

Expert opinion

Grishanov Mikhail Petrovich

Jeweler, director of the Grishanov and Co. workshop

Jewelry can be returned no later than 6 months from the date of purchase. The period of 1 year is the limit when considering the issue in court, after which the statute of limitations expires.

Is it possible to return gold jewelry to the store if the receipt is lost?

Expert opinion

Zilbertrud Dmitry

Lawyer, legal bureau "Verdict", Voronezh

Making a return without accompanying documents (label or receipt) is extremely difficult. You must try to prove that the purchase was made here. Various methods can be used: viewing a surveillance camera for the day when the jewelry was sold, providing testimony from witnesses to the transaction, which is also difficult to implement.

Can silver jewelry be returned?

Expert opinion

Grishanov Mikhail Petrovich

Jeweler, director of the Grishanov and Co. workshop

Gold and silver are precious metals. This means that both varieties can be returned under the same conditions - if there is an obvious or hidden defect. Whole products that have not lost their original characteristics cannot be accepted back by the store.

Can gold be exchanged for platinum?

Expert opinion

Pribrezhny Gennady Valentinovich

Jeweler 6th category

When a previously purchased piece of jewelry is replaced, there are options to choose from: with or without surcharge. In the first case, they consider the possibility of purchasing another piece of jewelry, but at a higher price with different characteristics.

Platinum and white gold: what do the two noble metals have in common?

Why are jewelry not subject to exchange or return, and in what cases?

Expert opinion

Zilbertrud Dmitry

Lawyer, legal bureau "Verdict", Voronezh

The seller, by law, has the right to refuse a consumer who has requested a refund if the size or color of the jewelry does not fit. Losing the tag and receipt also creates an obstacle to returns.

Is it possible to return jewelry to a store within 14 days in Russia according to law?

Expert opinion

Zilbertrud Dmitry

Lawyer, legal bureau "Verdict", Voronezh

There is such a possibility. But for this, the condition must be met - a defect (explicit and implicit) has been detected. Other cases (dissatisfaction with the color, size, shape, design of the product) are not a reason to refuse a purchase/sale transaction in a store. Even consulting a lawyer will not allow you to resolve the issue differently.

Warranty period for jewelry according to law

When manufacturing goods from precious metals, standard 117-3-002-95 is applied. In accordance with this act, the period for filing claims for products made of precious metals and alloys is at least 6 months.

Each manufacturer has the right to independently approve the warranty period for using the product. The relevant information is indicated in the documents included with the purchase.

Buyers most often present the following complaints to stores:

• the product leaves marks on the skin, which is not typical for items made of silver or gold;
• cracks, darkening on precious stones;
• the product, for example, earrings, has a defect at the junction of the parts;
• there are irregularities or burrs on the surface formed during the manufacturing process;
• the characteristics of the product do not correspond to the information in the document (for example, the size of the gemstone is smaller);
• the finished “work of jewelry” was incorrectly tested.

A citizen has six months to detect a defect. A different period may be established in the documents for the goods.

It will not be possible to return a product if the citizen should have known about the defect at the time of purchase. For example, a product was sold at a discount, and there is a note about the flaw in the sales receipt.

Is it possible to return engagement rings to the store?

You can return the product to the place of purchase only if any defect is found in it. Quality goods are exchanged by agreement with the seller. If the buyer changes his mind about using gold rings, or the size does not fit, he cannot cancel the transaction.

According to the law, only “simple” jewelry can be returned without problems within 14 days. For example, if the wedding rings are made of base metal. If the jewelry you don’t need is made of gold or silver, you can take it to a pawnshop.