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Published: September 28, 2018
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According to the legislation of the Russian Federation, products such as eau de toilette, cologne, eau de parfum, perfume and perfume belong to the category of perfumery and cosmetic products (preparations or products that are used for application to the body for cleansing, aromatization, changing external qualities, as well as protection or maintenance).
- Reasons for returning perfume In what cases is perfume subject to return?
- Situations when a refund is not possible
The sale of perfumes is regulated by the following legal norms:
- Law of the Russian Federation “On the Protection of Consumer Rights” No. 2300-1 of 02/07/1992;
- Rules for the sale of certain types of goods , approved by Decree of the Government of the Russian Federation No. 55 of January 19, 1998.
Perfume labeling: timing and stages of implementation
As is the case with other types of labeling, the business of selling eau de toilette and perfume has the opportunity to gradually switch to new operating rules. In the field of perfumery, the following deadlines were outlined:
Until March 31, 2021 - preparation of manufacturers and importers, registration of all market participants in the Honest Sign system. If you sell perfume and did not manage to connect within this time frame, order prompt registration services from our company.
From October 1, 2021 , the production and import of perfume products without labeling is prohibited. Domestic manufacturers must apply the DataMatrix code to the packaging at the factory. Importers must mark the goods at production or during transportation, but no later than the moment when they enter customs control. However, it is still possible to sell eau de toilette and perfume without labeling if they were produced or imported into the country before October 1, 2021.
From September 30, 2021 , the sale of perfumes without labeling is completely prohibited.
All market participants, from manufacturers to retail outlets, must record in the system the fact of acceptance and transfer of goods and their withdrawal from circulation.
Reasons for returning perfume
Despite the fact that many uninformed buyers consider it possible to return any product within 14 days of purchase, in the case of perfumes the situation is special due to the specifics of the product category.
In what cases can perfume be returned?
The law states that perfume and cosmetic products can be returned to the store in strictly defined cases:
- if the buyer has discovered obvious flaws and shortcomings in the purchased product (defect in the bottle or packaging, sediment at the bottom, signs of counterfeit, broken spray bottle);
- the product does not correspond to the necessary and reliable information provided by the seller (complete output data and documents confirming quality are missing).
Any discrepancy from the following will be considered a defect:
- legal requirements for this product;
- contractual terms (sometimes the agreement is not concluded or does not meet the requirements);
- the purposes for which the product is used under standard conditions;
- the purposes for which the goods were purchased (the condition is taken into account if the client notified the seller of his plans regarding the use of the goods);
- samples or descriptions accompanying the trade item.
Situations are taken into account when the consultant of a specialized department did not give the client the opportunity to familiarize himself with the perfume composition and did not demonstrate other properties and characteristics of the perfume or eau de toilette.
Before purchasing, you can ask the seller to check the contents of the package. The store employee must independently remove the box from the cellophane wrapper, open the packaging and demonstrate to the buyer an intact and functional bottle. At the client's request, the consultant checks the performance of the sprayer.
The buyer has the right to familiarize himself with the accompanying documentation: a certificate of quality and safety, as well as a declaration of product conformity. If store representatives do not have documentary evidence of the quality of the product and information about the manufacturer, it is better to refrain from purchasing.
The lack of complete information about the perfume is also considered a disadvantage. The required information may be printed on the packaging, label, insert or information insert:
- name, title (if available) and information about the purpose;
- trade name;
- manufacturer data (address of the manufacturing company and the company that is authorized to accept claims regarding the quality of the product);
- production date and expiration date;
- full list of ingredients;
- method of application and expected effect;
- restrictions , contraindications for use;
- trade mark or trademark;
- net weight, volume , number of units;
- regulatory or technical documents with quality requirements;
- product certification information;
- recommendations for use and warnings;
- storage conditions.
If it turns out that the product does not meet quality requirements, or the seller has provided insufficient or false information about the purchase, the buyer has the right to demand:
- replace the purchased perfume with a similar one , but of proper quality;
- replace the perfume with another product of the same category and recalculate the price;
- recalculate the purchase price taking into account the identified defects;
- return money for goods.
Situations when a refund is not possible
According to Decree of the Government of the Russian Federation No. 55 of January 19, 1998, high-quality perfumes are not subject to return or exchange.
If the seller has fulfilled all of its pre-sale obligations, and the purchase itself turns out to be of high quality and meets all the requirements, then no reasons will be convincing for the law to be on the buyer’s side.
Subjective arguments such as an allergy to perfume or a desire to return an unnecessary product purchased under the influence of an impulse will not work. Also, the seller is not obliged to accept a perfume you don’t like.
What perfumes and eau de toilette need to be labeled?
The list of perfumes subject to labeling is specified in Government Decree No. 1957 of December 31, 2021 (section “General Provisions, clause 2, page 5). It included goods corresponding to the EAEU HS code 3303 00 and OKPD codes of group 2 20.42.12. This group includes:
20.42.11.110 Perfume 20.42.11.120 Toilet water 20.42.11.130 Colognes
In the same resolution below, paragraph 3 (pages 7-8) indicates which perfumes and eau de toilette do not need to be labeled. These are all perfumes that are not intended for sale to the end consumer: exhibition samples, samples, testers.
Important: the retail outlet has the right to accept the product as marked, and then transfer it to “tester” status. To do this, it is necessary to carry out a disposal operation in the Honest Sign, indicating the sale of samples as the reason.
When can you demand a refund?
Perfumes are included in the group of goods that are not subject to exchange if they meet all quality requirements. Only substandard items can be returned or exchanged.
The following signs of low quality perfumes are taken into account:
- The perfume box was damaged.
- The protective film is missing or damaged.
- The pump with the sprayer may be defective.
- The contents of the bottle are cloudy and there are sediments.
- The perfume has expired.
- Other defects.
With such a purchase, you should return to the store and ask for a refund or exchange for a quality product. If the seller has doubts that the perfume or eau de parfum or cologne had damage or other defects before sale, he conducts an examination. The services of a professional expert are paid for by the losing party.
How retail can connect to perfume labeling
The connection process is similar to other product groups:
- We issue an electronic signature (EDS) addressed to the head of the organization. We install software for the correct operation of the digital signature on your computer.
- On the website of the Honest Sign, we fill out an application for registration and sign it with an electronic signature.
- We connect the electronic document management service.
- We check and, if necessary, update the cash register firmware and 2D scanner.
- We test the acceptance and disposal of goods from circulation.
- We train staff to work in Honest Sign.
Unlike the labeling of clothing or shoes, this scheme does not have a clause on labeling the remaining goods - more on this in the next paragraph.
Memo to consumers when purchasing perfumes and cosmetics products
But situations often arise when a person, without thinking everything through, rushes and buys a suitcase with cosmetics. Is it possible in this case to get my money back and cancel the loan? Please note: when applying for a loan, the situation becomes more complicated due to the presence of a third party - the bank. The easiest way to solve this problem is directly on the day of purchasing cosmetics, because the transaction may not yet have time to go through.
If suddenly more time has passed, then the buyer must do the following to solve the problem. First of all, the consumer must write an application to the bank to refuse the loan, and ask him not to transfer money to the salon to pay for cosmetics. Next, you will need to return the cosmetics to the salon and write an application to cancel the concluded contract and demand a refund.
Marking of perfume and eau de toilette residues
After the news appeared about the start of perfume labeling, many market participants had a logical question: what to do with the remaining products? After all, some items from the luxury category can wait for their buyer in a warehouse or on the sales floor for more than a year. And there is not much time allotted for the sale of leftovers - you need to get rid of them by October 1, 2021.
Initially, labeling of perfume residues was not provided for by law. However, on November 7, 2021, Government Resolution No. 1795 was signed, which legalized this possibility for goods produced in the Russian Federation or imported into the country before October 1, 2021. This solves the problem with the sale of expensive perfumes, which can sit in a warehouse or retail store for a long time hall
Remaining perfumes can be labeled until October 31, 2021, and then another month is given (until December 1) to put them into circulation. Moreover, when registering from October 1 to October 31, you can describe your balances according to a simplified scheme, without indicating:
1) country of production; 2) type of product; 3) declared volume (l, ml); 4) type of packaging; 5) packaging material; 6) number of technical regulations (standard); 7) photographic images of products from different angles.
The sale of unmarked residues imported before October 1, 2021 is still permitted until September 30, 2021.
Need help labeling your perfume?
Order labeling services from our company - we will help you step by step connect to the Honest Mark and start selling perfume according to the new rules.
To learn more
Are perfume products returnable?
After the inspection, the buyer is informed of the results. If a defect is identified, the money is returned or the product is exchanged for another. If it is determined that the poor quality was not caused by the seller, then the money will not be refunded (the buyer will also have to pay for the services of an expert and transportation of the goods to the research site). See also: Entering into inheritance by law (without a will) Useful tips for choosing perfume Recommendations for choosing:
- Age orientation.
The younger the customer, the lighter and fresher the scent should be. And, conversely, deep aromas are suitable for older ladies. Advertising. You can understand who the perfume is intended for by watching the advertisement.
In this way, marketers guide the buyer in their choice.
Are perfumes returnable or exchangeable?
Retail sale of branded perfumes
How will the work of a retail store change after the introduction of perfume labeling? Let's look at the example of two standard business processes: acceptance of goods from a supplier and sale to a buyer.
Moving goods from wholesaler to retailer | |
It was: we place an order with a wholesaler, sign shipping documents on paper. | Became: Before sending the order, the wholesaler creates a universal transfer document (UDD) in the EDI system. It contains a complete list of goods that will be transferred to the retail outlet and their unique codes. The merchandiser or retail store owner accepts the delivery and confirms the arrival of the goods by accepting the UPD in the EDI system. |
Sales and returns | |
It was: selling through the cash register in any way convenient for the organization, even without using a scanner. If the buyer returns the goods, we give him the money, stamp a receipt with the “return” sign, and send the goods back to the warehouse/counter. | Now: when selling, we must scan the Data Matrix code. Information about the sale goes to the fiscal data operator, and from there to the Honest Sign. The product is now considered out of circulation. If the buyer returns the product, before selling it, it must be put back into circulation through the Honest Sign. If the marking code is damaged and cannot be read, we re-mark it. |
How to return perfume to a store
So, the perfume turned out to be of poor quality (according to the letter of the law) or it turned out that the seller deceived a gullible and inexperienced client. There is a trip to the store ahead. How to prepare?
- Collect documents: passport, fiscal receipt (if there is no receipt, this cannot become a basis for refusing a refund). If no more than a month has passed since the purchase, then you can confirm the fact of sale using the cash register tape stored in the store. Also, the fact of sale can be proven by recording bank card transactions.
- Prepare the goods for return (you will need the bottle of perfume and the original packaging with all the “regalia” - labels and seals).
- If an acquaintance, friend, relative or colleague was present during the purchase, you can take a “witness” with you.
- Visit the retail outlet where the perfume was purchased.
- Contact a store employee, stating the essence of the complaint and request . Specify what you are interested in: an exchange of goods or a refund.
- Fill out an application in two copies on the form of a letter of claim with the full details of the legal entity. Completed applications are certified by the signature and seal of the store.
- If a store employee does not agree with the claims and plans to send the product for examination, take a receipt from the store indicating that the product has been transferred for inspection.
Sample documents for downloading:
- Application from the buyer with a request to exchange the product for a similar one.
- Application from the buyer for a refund for the goods.
Reasons for refusal
Perfumes belong to the group of goods that are difficult to return to the store. If you don't like the scent or bottle or packaging, this will not be a basis for a return or exchange. Only poor quality is considered a serious reason for accepting the perfume purchased by the buyer.
IMPORTANT! In order to avoid problems when returning perfume, you need to comply with all legal requirements regarding the protection of consumer rights and the conduct of trading activities.
The seller will carefully check whether the quality of the perfume is really low, the packaging is damaged, or there is another product defect. When the bottle contains less liquid than it should be and the packaging is opened, it will be difficult to prove that the perfume was sold in this condition.
Therefore, immediately after discovering an opened package or a non-working sprayer, you need to contact the retail establishment, without even waiting until the two weeks allotted for return are over.
How to apply
If the purchased perfume is found to be of poor quality, the buyer has every right to contact the seller.
What claims and demands can be made in relation to a low-quality product? The consumer may require:
- Pick up the goods and return the full amount to him. Deposited at the checkout for the purchase.
- Exchange the product for a similar one.
- Make an acceptable discount on an expensive purchase.
The seller has only 10 days to satisfy this or that requirement. During this time, it is necessary to establish the legitimacy of the claim, sometimes an examination is carried out for this. Replacing a substandard perfume with another perfume is carried out within a week, but this is provided that the required product is in stock.
When it is absent, the seller agrees with the buyer that he will need to wait a longer period (maximum a month).
ATTENTION! When simply money is issued in exchange for the returned goods, a cash order is issued, on the basis of which the buyer receives money in the accounting department in the amount of the cost of the perfume.
Only two weeks are given to return goods of inadequate quality. This is enough to check the perfume, its condition, and find time to visit a retail establishment.
Documentation
When going to the store to return perfume products, you should take with you not only the low-quality product, but also some documents:
- Identity document.
- A payment document confirming the fact of purchasing this particular product in this particular retail establishment. This could be a check, receipt, etc.
Perfume or cologne must be in protective film packaging from the manufacturer.
What to do if the check or receipt has not been saved.
The seller has no right to refuse acceptance of the goods for such a reason. After all, he must keep copies of such documents for a month.
The store draws up a claim according to the established template. The seller must provide a sample. An examination is required to show what the quality of the product is.
Making a claim
To file a claim, you should take low-quality perfume or other perfumes and relevant documents (purchase receipt, your passport). You need to calmly explain to the seller the reason for your visit and the meaning of the complaint. The requirements may be the following - return the money for the purchase or exchange the perfume for another, high-quality one.
When the buyer simply wants to return the product and take back his money, he draws up his claim on a prepared form:
- The store details that its sellers are required to provide are indicated.
- The applicant and his details are indicated.
- Next comes the text of the complaint itself, explaining the reason for returning the goods. You need to write the date of purchase, any defects found, a list of requirements (exchange, return money, etc.).
- The claim is signed and the date of preparation is indicated.
All information must be presented clearly and accurately, including the applicant’s information necessary to contact him.
The seller takes the perfume for examination, giving the consumer a receipt for the goods. After the examination, if it establishes that the buyer is right, money is given for goods of inadequate quality. When exchanging, the seller looks for the same brand of perfume or another that is similar in aroma and suitable for the consumer.