ABC of the consumer ABC of the consumer. “The product cannot be returned or exchanged” Problems associated with the exchange and return of goods are still the most pressing and common among them.
Problems related to the exchange and return of goods are still the most pressing and frequent among us - buyers. Despite the fact that the Law “On the Protection of Consumer Rights” clearly stipulates the rights of buyers in such situations, many sellers are in no hurry to return money or exchange, citing various reasons for their refusal.
Which food products cannot be returned?
List of non-food products of proper quality that cannot be returned or exchanged for a similar product of a different size, shape, size, style, color or configuration (as amended by Decrees of the Government of the Russian Federation dated October 20, 1998 No. 1222, dated February 6, 2002 No. 81)
1. for the prevention and treatment of diseases at home (sanitary and hygiene items made of metal, rubber, textiles and other materials, medical instruments, instruments and equipment, oral hygiene products, spectacle lenses, child care items), medications;
Responsibility for violations
The fines provided for in the Code of Administrative Offenses of the Russian Federation for violations in the trade of alcoholic products are more significant than just fines for violations of trade rules. A legal entity will pay up to 200,000 rubles even for one bottle of counterfeit alcohol. In addition, the sanctions provide for the confiscation of counterfeit goods and the equipment on which they were produced.
As for online cash registers, the fine for not using cash registers is calculated on the amount that did not go through the cash register: legal entities will have to pay 75–100% of the amount, but not less than 30,000 rubles, and individual entrepreneurs - 25–50% of the amount, but not less than 10,000 rubles. That is, the larger the amount that did not go through the cash register, the larger the fine.
What goods cannot be returned - what does the Law say?
Every day we buy something. It is not surprising that as the consumption process increases, the supply of variety also increases. Unfortunately, it is not always possible to control the quality of the purchase or pay more attention to the inspection of the product. What to do if the product is not suitable? Can it be returned? The legislation allows this possibility, but at the same time warns that not all products can be returned.
Nutrition plays an important role in the life of every person. We carefully select food products. But a situation may arise when the purchased products do not suit us or are completely damaged and we want to return them. But not everyone knows how to properly make a return.
Re-examination and trial
If the inspection reveals a manufacturing defect or inadequate quality of the product, then all costs are borne by the seller. He is obliged to satisfy all the requirements described by the buyer in the claim. If the result obtained as a result of the examination does not satisfy the buyer, he can conduct another independent check.
An option to resolve a dispute arising due to low-quality products is to file a claim in court. Although, of course, it is better to resolve this issue pre-trial. In fact, the seller should be interested in this.
We think that this material provided a comprehensive answer to the question of whether alcohol products can be returned. Finally, be careful when choosing alcohol and be legally savvy in matters of returning it.
Is it legal to return products to the store?
After reading this article, you will be aware of how to return food products to the store under the Consumer Protection Law. The relevant legislation regulates trade relations between the consumer and the store. Based on this law, the buyer has every reason to return the purchase.
To carry out this operation, you should adhere to the following rules:
- It is possible to return only purchases of inadequate quality;
- Food products of good quality cannot be returned;
- A customer complaint is allowed only within the expiration date of the product;
- You can return your purchase even if you lose your receipt.
How to return products of poor quality to the store?
In most cases, the inadequate quality of a food product can be determined after opening the product. Most customers do not return goods due to the packaging being broken. This position is not at all correct! In accordance with the law, the buyer has the right to refuse a product if he notices that the products are of inadequate quality.
- The expiration date has expired;
- The presence of a foreign object or creature in the product;
- The information on the packaging differs from the contents of the product.
If the product meets the above points, the grocery store is obliged to:
- Exchange the product for a similar one;
- Reimburse the client for the entire amount spent on the purchase;
- Reduce the price if the buyer agrees to dispose of the product further.
It is worth noting that the return of food products of proper quality is prohibited. The administration of the grocery enterprise has legal grounds for refusing exchanges and returns.
Is it possible to return food products to the store after paying at the checkout?
The Consumer Protection Act prohibits the return of products of proper quality after the customer has paid for the product at the checkout. However, if you have given up on the idea of purchasing this product, you can ask the cashier to cancel the transaction. It is worth doing this before the check is printed. In order to return a trade item after paying at the checkout, it must be of inadequate quality. Then the store is obliged to return you the entire amount spent or exchange the product. If the client believes that the product is of poor quality, without having facts that would prove him right, it is worth asking for an examination. If the examination proves that you were right and the purchase is of inadequate quality, you can sue and demand compensation for all expenses.
Is it possible to return a food product to the store if you don’t like it?
You can return products back to the store only if they are of poor quality. Management has every right to refuse to return you products of proper quality. It is possible to return a purchase if you don’t like it if you haven’t paid for it yet and are at the checkout.
If I don't have a receipt, can I return the product to the store?
If you need to return a purchase of improper quality, you should have a cash receipt with you. In the absence of a receipt, the Consumer Protection Law provides for the opportunity to present other evidence of the purchase. Such as testimony or any other evidence that the client considers significant. When making a purchase, the buyer should be careful and scrupulously check the quality of the purchase. And it’s worth doing this even before you buy it. It is necessary to check the expiration date, color, smell, appearance. And you should always keep your receipt. Although the law allows the return of a purchase without a receipt, it is much easier to do this with one.
And they refuse him? Which side is the truth on?
Only the buyer who has knowledge of the law
"On the protection of consumer rights."
In Russia, it is they who largely regulate the relationship between seller and buyer
goods of various categories.
Information about the contents of this extremely important document for each of us can save time, nerves and money
.
It is worth mentioning separately about food products. We buy them more than others
, therefore, the risk of encountering a situation where the purchase for one reason or another needs to be returned is higher. Do we have this, in what situations and how to do it?
Unified state automated information system and online cash registers
According to Federal Law No. 54-FZ “On the use of cash register equipment when making cash payments and (or) payments using electronic means of payment,” all alcohol sellers must switch to online cash registers. The main requirement for new cash registers is the ability to transmit electronic copies of checks to the tax office via the Internet.
At the same time, the sale of alcohol is directly regulated by 171-FZ. Both documents are independent of each other and must be completed simultaneously: if you follow the requirements of 54-FZ, but do not transfer data to the Unified State Automated Information System, you will be fined by the RAR. And vice versa, if you comply with the requirements of the RAR, but do not comply with 54-FZ, you cannot avoid a fine from the tax office. If you have not reported to the Unified State Information System on ethanol, you are required to publish sanctions - violations may result in administrative liability and fines. The penalty amounts are as follows:
- for officials - from 10,000 to 15,000 rubles;
- for an organization - from 150,000 to 200,000 rubles.
Thus, alcohol sellers are now controlled by two independent bodies. This means that you should work with alcohol according to the following scheme.
If you sell strong alcohol
- Report to EGAIS for acceptance and sales.
- Send the check to the OFD.
- You issue the buyer a receipt with two QR codes, which the buyer uses to check the authenticity of the alcohol and the tax report to the Federal Tax Service.
If you sell beer, cider or mead
- You report to RAR only for acceptance.
- Send the check to the OFD.
- You issue the buyer a check with one QR code for verification by the Federal Tax Service.
In what cases is it possible?
Many people ask the question: Is it possible to return food products of proper quality? And are there any products that cannot be returned?
Based on Articles No. 492 of the Civil Code of Russia and No. 2 of the Federal Law “On the Fundamentals of State Regulation of Trade Activities in the Russian Federation,” the seller must transfer goods suitable for human consumption as food products.
.
The buyer, in accordance with the Law “On Protection of Consumer Rights”, can issue a refusal to purchase
, if it is discovered that the product is of inadequate quality.
A product is considered to be of poor quality if, for objective reasons, it is not suitable for use
for its intended purpose.
For the food group, objective reasons
may be:
Such food products are subject to return
back to the store, and the buyer will be right under the law.
- exchange
the product for a similar one; - return
the money in full; - reduce the cost
if the buyer is ready to use the product further.
If the product has already caused harm to the consumer’s health, then he has the right to demand compensation for losses
.
This will most likely have to be done through. The main thing in this case is not to lie and not to sacrifice yourself by consuming a spoiled product
, knowing about the consequences.
The law is on the side of the buyer only when he suffers due to ignorance
.
It states that the consumer is not required
to understand the information on the product packaging or generally be aware of its properties.
This part of the law works, for example, if the product information states that it is hypoallergenic
, but it still causes an allergic reaction in a person, or if the composition does not indicate any of the substances, which also
adversely
affects the well-being of the consumer.
Article 492 of the Civil Code of the Russian Federation. Retail sales agreement
- Under a retail purchase and sale agreement, the seller, engaged in business activities of selling goods at retail, undertakes to transfer to the buyer goods intended for personal, family, home or other use not related to business activities.
- A retail purchase and sale agreement is a public contract (Article 426).
- Relations under a retail purchase and sale agreement with the participation of a citizen buyer that are not regulated by this Code are subject to laws on the protection of consumer rights and other legal acts adopted in accordance with them.
Regulation of the alcohol market
The sale of alcoholic beverages is a very profitable sector of the economy, which can bring considerable income to the state treasury. Replenishing the budget and combating counterfeiting are the main reasons for introducing a new system of control over the production and circulation of alcoholic beverages. 2021 is the year when EGAIS was introduced in Russia, the most high-profile innovation in the field of retail sales. Since the entry into force of Federal Law No. 182-FZ “On Amendments to Federal Law No. 171-FZ”, all enterprises engaged in the production, retail and wholesale trade of alcoholic products are required to connect to a special system and send data on alcohol turnover to the Federal Service Rosalkogolregulirovaniya (RAR).
With proper quality
There are some products that cannot be returned to the store if their quality is high
, and all claims are subjective.
Food products are included in this list
. Even if the purchase has just been made and they decide to cancel it without leaving the checkout.
Once the receipt has been knocked out, the return of food products of proper quality is impossible under the law. If the consumer thinks that the product is of poor quality, but there is no evidence
, in addition to personal feelings, it will have to be carried out, otherwise the exchange of food products of proper quality cannot be made.
How long to wait for money
According to Art. 22 of the RFP, the seller is obliged to fulfill the buyer’s requirements within 10 days from the date of receipt of the claim. The period can be extended by 7-20 days if quality control and an expert opinion are required. Usually, the administration of the retail outlet prefers to resolve the issue without waiting for a lawsuit.
If the purchase was paid in cash, the money will be issued immediately or within a week. For products paid for by bank card, the organization will make a transfer to the card account within the same time frame.
The term for crediting funds depends on the rules of the banking institution servicing the card and the speed of interbank payments. Most often, the money is credited to the credit card within 10-30 days from the date the return is issued.
Evidence that the buyer is right
Proof
The information indicated on the product packaging may serve.
Few sellers will argue that June 20 has already passed if at the time of purchase it is June 22 of the same year.
Particularly useful
in this case, a receipt indicating the date of purchase and the name of the product with the article number.
In case all of the above methods do not work, or the buyer refers only to personal feelings
(you don’t like the smell, the taste seems suspicious), then it is necessary to conduct an examination of the product.
If the examination confirms the unsatisfactory quality
of the product, the buyer will be able to demand reimbursement of the cost and even compensation of expenses through the court.
Where to get an online cash register with EGAIS support
If your cash register already meets the PAP requirements, then there is no need to purchase a new one. It is only necessary to modernize the existing cash register so that it can transmit checks to the tax office via the Internet. To do this you need:
- deregister the cash register;
- buy a modernization kit and update the software;
- register the cash register with the Federal Tax Service. To do this, you need a new electronic signature (a signature for EGAIS cannot be used).
It should be noted that not all cash registers that support a unified state automated system are subject to upgrading to an online cash register. For detailed information about this, contact your CCP manufacturer.
Documentation of the claim
Return claims must be submitted before the expiration date
goods.
With the food group, this condition is more difficult to fulfill, because most often they complain about the expired deadline
.
This document can be completed by hand or on a computer.
. The registration procedure is as follows.
In the upper right corner you need to indicate to whom this claim is addressed. You can use the store name
or a full transcript
of the name of his manager
.
Then you need to indicate who is sending. In addition to his full name, the consumer leaves his contact information
: personal telephone number, home address and, if necessary, email address.
You need to write the word “Claim”
, and from a new line - briefly and clearly state
the essence of what happened
.
It is necessary to indicate which product, where and when it was purchased, for what price. Explain why it should be accepted back, that is, talk about the defects
.
It is better to refer to the law here and formulate what the violation of
the buyer’s rights is.
If there are documents
, you need to list them.
They are also required to be copied and attached to the claim as an attachment.
.
This is also worth writing about. If there are witnesses
purchases, I must say about this.
After a detailed description of the problem, you should indicate your requirements
: about the complete or partial replacement of one product with another.
The claim must be considered within a maximum of one month
. You can specify something else in the text, but not less than one week.
At the very end of the document, for it to be considered valid, you need to put your signature
, indicate the last name and date of registration of the claim.
All pages must be copied.
and keep it for yourself.
Give the original letter and copies of checks or invoices attached to it to the store manager or other authorized person, or send it by mail with a certified letter with notification
about delivery.
If an application is refused, the consumer may himself draw up an act of violation of rights
, enlist the support of two witnesses, not forgetting to indicate their contact information, and submit the materials to the court.
The seller will either satisfy the requirements partially or fully, or refuse to satisfy. notify him of any decision he makes.
applicant.
If in a maximum of thirty days
there will be no response or the buyer will be given a reply without a clear decision, you can safely contact Rospotrebnadzor or the Society for the Protection of Consumer Rights. The case will most likely be resolved in court.
How to connect a store to EGAIS
The connection takes place via the Internet, so you do not need to visit any official authorities. But, before registering and creating a personal account, you need to purchase special equipment and fulfill a number of technical requirements.
So what will a retail store need to connect to the system?
- a computer with Internet access at a speed of 256 kbit/s or higher;
- JaCarta crypto key, which can be purchased from any company licensed by the FSB;
- UTM (Universal Transport Module). This is an application that allows you to send data to the Rosalkogolregulirovaniye server. It is downloaded to your computer from the website egais.ru;
- goods accounting program (supports data exchange with UTM);
- CEP (qualified electronic signature);
- cash program compatible with EGAIS;
- 2-D scanner for reading “alcohol” barcodes;
- fiscal recorder with QR code printing function.
The equipment necessary to work in an automated system costs a lot of money, which is recognized in the PAP itself. Thus, assistant to the head of the RAR Ekaterina Priezhikh said that one set of such equipment will cost a retail outlet in the amount of 40,000 to 150,000 rubles.
If there is no receipt when returning food products of inadequate quality
Here the law is on the side of honest consumers
.
If the buyer does not have a receipt, but has a claim regarding the quality of the food product, satisfaction of his demand is still possible. But to do this you will have to prove
that the product was actually purchased in a certain place with existing defects.
Witnesses can help
, if suddenly there is an opportunity to contact them: for example, if a buyer came to the store with friends.
You should not count
on surveillance cameras , because until the fact of purchase is proven, no one is obliged to share the recordings.
Also, to prove that he is right, the consumer can ask for item identification
and other data on the product indicated on the product packaging and in store invoices.
Thus, returning food products of inadequate quality is not an easy procedure and is strictly limited by law.
.
You can count on the compliance of sellers, but it’s better to rely on yourself and knowledge of your rights. Rospotrebnadzor, Sanitary and Epidemiological Station, OZPP, protect the rights of the buyer
and others.
The consumer of any goods should be careful when making a purchase and carefully check the quality
of the chosen product even before it reaches the checkout.
You need to pay attention to the labeling of the product, its appearance, taste, color and smell - if the product is intended for food
.
Keeping your receipt is the key to peace of mind
in case of an unpleasant need to return the goods. Preventing a problem is much easier than trying to solve it.
Art. 25 Federal Law “On the Protection of Consumer Rights” No. 121-FZ dated 06/03/2009 provides for the consumer’s right to exchange non-food products of good quality for a similar product, excluding goods mentioned in the list approved by the Government. It follows from this that the law does not provide for the return of food products of proper quality, and, therefore, the requirement made to the seller by the buyer to replace food products of proper quality is illegal.
It follows that the return of food products can only be carried out if they are of inadequate quality.
According to Art. 503 of the Civil Code of the Russian Federation, if defects are discovered in a food product, the buyer, at his own discretion, has the right to demand the replacement of such goods with goods of adequate quality or a proportionate reduction in the purchase price. The buyer may also refuse to fulfill the retail purchase and sale agreement and demand a refund of the amount paid for the goods.
In case of refusal to fulfill a retail purchase and sale agreement with a demand for the return of the amount of money paid for the goods, the buyer, at the request of the seller and at his expense, must return the received goods of inadequate quality.
When returning to the buyer the amount paid for the goods, the seller does not have the right to deduct from it the amount by which the value of the goods has decreased due to full or partial use of the goods, loss of their marketable appearance or similar circumstances.
Having many years of experience in working with clients, the lawyers of the law office of A. S. Titov will find an approach to everyone who seeks advice. They will explain his rights in the field of consumer protection and propose a further action plan based on the legal framework.
If you need competent legal assistance in protecting your rights, you can contact our law office. The lawyer will study the client’s problem, advise on further actions, help to competently prepare a claim, and file a claim in court.
The “Consumer Rights Protection” service includes:
. Collection and examination of evidence in the case, including sending a lawyer’s request to federal and municipal authorities. Developing a position on the case and a correct assessment of the arguments of the opposing side. Drawing up and filing a claim, appeal, cassation and supervisory complaint, objection to the claim with justification of objections regarding the subject and grounds of the claim. Drawing up documents, including requests, petitions to the court. Providing evidence in the case. Securing a claim in a case. Involving third parties in the case, including government authorities, in order to substantiate the position on the case. Representation of the client's interests in the court of first, cassation and supervisory instances at all court hearings. Receiving judicial acts on the case, as well as a writ of execution and support of enforcement proceedings.
Information about our law office.
Our law office specializes in providing legal services for representing the interests of companies, entrepreneurs in arbitration and arbitration courts, the Federal Antimonopoly Service of Russia and territorial OFAS, as well as citizens in courts of general jurisdiction since 2003. The lawyers of our bureau also provide defense in criminal cases.
You can familiarize yourself with some cases from our judicial and administrative practice in the section “ Our Practice”
«.
The lawyers of our bureau provide consulting services to individuals on issues in the field of family, labor, inheritance, housing and other areas of law and conduct their cases in court.
The geography of our clients covers the entire Russian Federation. Among the clients of the law office are the American pharmaceutical corporation Unipharm.Inc (brands Vitrum, Artra, Elance) - the leader of the Russian multivitamin market, 4C Diamond (Belgium) - an international trader of gold and diamonds, OJSC Telecom of the Moscow Region (state company of the Moscow region) , Institute of Problems of Chemical Physics of the Russian Academy of Sciences, television, HBS Global company - distributor of international roaming services - GlobalSIM, Asteroid Group of Companies - a large operator of terrestrial TV in the Rostov region, Russian-Malaysian Business Association, JSC Kalibr, JSC Krasnogorsk Plant named after. S.A. Zverev" () Moscow Mining State University, regional television companies, telecom operators and IT companies and many other Russian and foreign companies.
When working with our bureau, we guarantee the confidentiality of the orders carried out. Advocate confidentiality is protected by law.
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Very often in grocery stores you can see advertisements informing customers that the purchased product cannot be exchanged or returned.
Let us say right away that such statements are illegal and can only mean that:
1. The products sold here are most likely of very low quality.
2. If you still take a risk and buy any food product here, it will be extremely difficult to return the money for the defect.
Are food items returnable? You can get your money back for a food product or exchange it for another, but only if you follow certain rules established by law.
