How to return a swimsuit and when exchanges and returns are possible

Are swimsuits returnable?

Relations between the seller and the buyer are regulated by the Law of the Russian Federation of 02/07/1992 “On the Protection of Consumer Rights” No. 2300-1 (hereinafter referred to as ZoPP), according to which there is a division of goods into proper quality and improper, which determines the return procedure. In the first case, the purchase can be exchanged within 14 days.

However, there are non-returnable items that are enshrined in the List of Goods of Good Quality, approved by Decree of the Government of the Russian Federation dated December 31. 2021 No. 2463. Swimwear is included in this list as knitted underwear (item 4), therefore, after payment it cannot be returned if it has no defects.

When is it possible to return a swimsuit of good quality to the store?

Although the swimsuit is a non-returnable item, you can return it in exceptional cases:

• if you were not initially warned about the impossibility of exchange and return, a corresponding sign must be installed in the store or this must be done orally;
• the product is of good quality, but does not correspond to the size indicated on the label;
• the seller provided false or incomplete information about the product, for example, about the composition of fabrics.

In all these cases, you can demand that your swimsuit be exchanged for another one or a refund of the amount paid if the desired item is not on sale (Part 2 of Article 25 of the Law of the Russian Federation).

Is it possible and how to return jewelry to the store? Step by step order

Application for return of goods from the buyer

What applies to underwear

According to clause 9 of the “General Terms” section of GOST 17037-85 (ST SEV 4827-84), linen is a sewing or knitted product that creates hygienic conditions for the body and everyday life. In addition to underwear, there are table linen and pastel linen.

In accordance with clause 4.1 of GOST 25296-2003, the following are considered to be linen:

• pajamas;
• nightgowns and undershirts;
• pajama pants and jackets;
• negligees;
• night gowns;
• pants;
• underpants;
• petticoats;
• swimwear;
• swimwear;
• beach sets and other similar products made of fabrics, non-woven fabrics and other types of textile materials.

It is important to correctly determine which category the product belongs to, because the possibility of returning it to the store depends on this.

If a defect is detected

If the swimsuit turns out to be defective, in accordance with Part 1 of Art. 18 of the GDPR, you can demand:

• exchange it for a similar or different model with recalculation of the cost;
• return part of the money or the full amount;
• eliminate defects free of charge.

This can be done during the warranty period, and if it is not specified, within 2 years after purchase (Part 1, Article 19 of the Law of the Russian Federation). The countdown begins from the moment the goods are transferred to the buyer - for example, if you ordered a swimsuit from a catalog in a retail store and paid for it, the countdown begins from the moment it is delivered to you, and not from the date indicated on the receipt.

Possible grounds for returning a defective product:

• uneven stitching, uneven color of the product, damaged fittings, etc.;
• translucence of the body after getting wet - it is impossible to use the swimsuit for its intended purpose;
• change in shape after washing, for example, if the product shrinks or fades from water;
• poor quality seams - if they come apart when worn.

If the swimsuit was purchased in an online store

When purchasing goods online, it is taken into account that the product cannot be tried on or checked to see how well it corresponds to the description and characteristics.
Therefore, you can return even those goods that are not subject to return in a standard situation. According to Part 4 of Art. 26.1 POPP, you have the right to refuse a swimsuit purchased online at any time before receiving it and within 7 days after delivery. However, the law establishes the seller’s obligation to notify you of the return policy in writing. If this requirement is not met, the return period is increased to 3 months (clause 2, part 4, article 26.1 of the Law of the Russian Federation).

An exception is a product with individually defined properties that allow only you to use it. This means that if a swimsuit is purchased from an online store, but is custom-made according to your personal measurements, it cannot be returned unless it is defective.

You also need to take into account that return delivery is carried out at your expense, and the costs of transporting the swimsuit will be deducted from the refunded amount.

Returning a gymnastic or sports leotard

For children's and adult gymnastics leotards, standard rules apply - they cannot be returned if they are of proper quality, even if less than 14 days have passed since the date of purchase.

An exception may be a situation where the seller sold a different type of leotard, for example, a sports one instead of a gymnastic one or vice versa. The standard rules also apply:

• you must be notified that the item is non-returnable before paying for it;
• The swimsuit must correspond to the information indicated on the label: color, size, type.

In these cases, you can return the product at any time after you discover a discrepancy.

Return procedure

The return procedure is the same, regardless of its quality and method of purchase. You must notify the seller of your intention to cancel the purchase in writing and provide the required documents. The procedure takes a minimum of time.

How to fill out an application correctly

This document does not have a specific template enshrined in law, so you can put it in writing. The main requirement is to provide comprehensive information about the situation and comply with the rules of business correspondence.

The application must contain the following information:

• the name of the store and its address, if you know, you can additionally indicate the phone number and full name of the owner;
• The applicant's full name, registration address, passport details, telephone number or email address for feedback;
• document's name;
• information about the purchase: place, time, detailed description of the product so that it can be identified by its characteristics;
• the reason for the return, if it is defective, there must also be a detailed description;
• request for an exchange, refund or free repair;
• date and signature.

There are no requirements for filling out the form; the application can be printed or written by hand.

It is drawn up in 2 copies and can be given personally to a store employee or sent by mail. You must have confirmation that the seller received the request. When submitting in person, an acceptance mark is placed on your copy; when sent by registered mail, the proof is a postal receipt.

The period for consideration of the application and making a decision on it is 10 days from the date of receipt.

Sample application

Documentation

To return a swimsuit to a store, you are legally required to present to an employee:

• product;
• a copy of your ID, usually a Russian passport;
• check.

At the same time, the absence of the latter is not a basis for refusal to return (Part 5, Article 18 of the ZoPP, Clause 2, Part 1, Article 25 of the Zopp, Clause 2, Part 4, Article 26.1 of the Zopp). If you do not have a receipt, you can confirm the purchase with any payment document, for example, a bank account statement for non-cash payment. You can also use witness statements and CCTV footage from the store. In the latter case, you need to agree in advance on the provision of material, as this is the responsibility of the store.

Expertise

In many cases, a dispute arises between the seller and the buyer over the cause of the defect. In this case, an independent examination may be appointed to resolve this conflict (Clause 2, Part 5, Article 18 of the Law of the Russian Federation). It is held at the store’s expense, and you can attend it, and if you disagree with the results, challenge them in court. But you need to take into account that if the inspection proves that the swimsuit’s defect was caused by improper use, the seller will have to reimburse the costs of the examination.

You also have the right to independently order an independent inspection, but with mandatory notification of the store about the time and place of its conduct. The rights of the parties are similar: the seller can challenge the result if he disagrees with it, and if the inspection shows a manufacturing defect, he is obliged to reimburse you for the costs of the procedure.

Refund deadlines

If you hand over a swimsuit of proper quality, the seller is obliged to return the amount paid within 3 days if there is no product for exchange (Part 2 of Article 25 of the Zoppa). If a return of a low-quality product is issued, the seller has 10 days to satisfy the demands made (Article 22 of the Law of the Russian Federation). This period includes not only the consideration of the application, but also the examination (if required) and the return of money.

The funds are transferred to the buyer immediately if it is cash. If the purchase was paid by bank transfer, the amount will be received within 3 business days, depending on the bank servicing the account. It is important to note that refunds are made only to the card from which the money was debited upon purchase.

Is it possible to return underwear

Government Decree No. 55 defines a number of so-called “non-returnable” goods. It is impossible to return them to the store for personal reasons (you didn’t like the style or color). There must be valid reasons for returning them to the seller.

Most often these are some violations of established trade regulations. A return is possible if the product sold is found to have a manufacturing defect or has expired . This group also includes underwear: it will no longer be possible to return it to the store after purchase if it is not defective.

If the seller refuses to accept the swimsuit back

If you return a defective product and the seller refuses to accept the swimsuit back, you can initiate a dispute with him in pre-trial and judicial proceedings.

Complaint to Rospotrebnadzor

In most cases, it is enough to simply tell the seller that you will complain to Rospotrebnadzor if he does not respect your consumer rights. Such an appeal can lead to an unscheduled inspection and significant fines, so stores try to avoid such developments.

If the seller still refuses to accept the swimsuit back, file a complaint and send it to the territorial office of Rospotrebnadzor:

• personally;
• by registered mail with acknowledgment of delivery;
• online on the official website of the supervisory authority.

In the latter case, you need to fill out a special form answering the questions, and in other ways, you need to make a complaint yourself. You also need to take into account that you need to write an online application on the website of the territorial authority; if you do this on the main office page, the application will still be redirected to the place of registration, which will increase the waiting time for a response.

The period for consideration of the complaint is 30 days from the date of registration of the complaint.

The document is drawn up in free form, indicating the same data as in the application. Only information is added about the lack of response from the seller on the initial application or refusal to accept the swimsuit back.

Sample complaint

Judicial procedure for resolving disputes

Instead of Rospotrebnadzor, you can go to court and demand not only termination of the purchase and sale agreement, but also compensation for moral damages, examination costs (if any), as well as a penalty in the amount of 1% of the cost of the swimsuit for each day of delay in fulfilling your requirements ( Part 1 of Article 23 of the Law of the Russian Federation).

But before filing a claim, you must follow the pre-trial procedure for resolving the conflict and send a claim to the seller.

Pre-trial claim

It is also drawn up in free form, indicating the same information as in the first application or complaint to Rospotrebnadzor.

Added:

• information about the seller’s refusal to satisfy the requirements of the first application;
• a warning about further recourse to court if there is no response to the claim or in case of refusal to accept the goods.

The document can also be submitted in person (with a mark of acceptance) or sent by registered mail.

The waiting period for a response is 30 days from the date of receipt by the store.

Sample claim

Statement of claim

It is sent to the magistrate’s court at the place of registration of the store by registered mail or submitted in person to the court office. The document describes in detail the entire situation, indicating attempts to resolve the conflict pre-trial - the more details, the better.

You also need to indicate all the requirements for the defendant with reasons. For example, if a problem with a swimsuit prevented you from enjoying a long-awaited vacation, this is moral damage, and if the trip was disrupted for this reason, this is material damage.

Sample claim

Where to complain

To contact Rospotrebnadzor, you must write an application using the same template as to the store. The name of the authority and its address should be indicated in the header of the application. This data can always be found on the Internet. In the main part, you must describe your request for the return of underwear to the seller. Be sure to include a copy of the store's response.

To go to court , write a statement of claim. If the cost of your purchase is less than 50 thousand rubles, it is submitted to the magistrate’s court, if more than the specified amount, to the city court. The magistrate's court site and address can be found on the Internet. It is determined by the location of the seller. The same rules apply to the city court. When filing a claim, describe your problem in as much detail as possible, be sure to indicate that the seller voluntarily refuses to accept the defective item and return the money to you (if you initially had other requirements, indicate them). Attach to your application a copy of the purchase receipt, a copy of your passport, and a copy of the seller’s response.

Sample claim against a store.doc Sample complaint to Rospotrebnadzor.doc

In any case, you should be patient. But know that the law is on your side.

Lawyer's answers to private questions

I ordered my daughter’s swimsuit from Ozone, but it didn’t fit. I heard that this item cannot be returned, is that true?

Yes, indeed, a swimsuit is a non-returnable item, but if you bought it online, this restriction is removed due to the impossibility of trying it on. You can return the product, but you will have to pay for the shipping yourself, and transportation costs will also be deducted from the refund amount.

I bought a swimsuit from the Asos brand for vacation, I thought I tried it on in the store, but when I got home, I discovered that the model didn’t suit me at all. Now I’m trying to return it or at least exchange it, but the seller refuses, citing the fact that the product is non-returnable. Is it so?

Yes, the swimsuit is a non-returnable item, so you will have to buy a new one.

We ordered a leotard for gymnastics for our daughter from Wildberries, but received a sports one. In addition, it came a size larger than ordered. Can I refuse a purchase?

Yes, when purchasing a swimsuit online, you have the right to terminate the sales contract, even if it is of proper quality. But in this case, the mistake is in the type of swimsuit and size - the law is definitely on your side.

I bought a swimsuit for swimming in the pool at H&M, but it was too small for me. The model is quite expensive, I would like to make an exchange, but the seller refuses, claiming that this is a non-returnable item that relates to linen products. And I read somewhere that these are sportswear, so returns are possible. Who is right?

Swimsuits are classified as textile linen and therefore cannot be returned unless they are defective.

I bought a swimsuit for vacation, wore it several times and noticed that threads began to stick out from the synthetic inserts on the sides. Can this be considered a defect and grounds for a refund?

Depends on how long you wore the swimsuit, whether you washed it and how you did it. If you wore it only once and immediately discovered a defect, yes, there are reasons for returning it. But if you wore it several times or washed it in a washing machine, the rules for caring for the product may be violated. Try contacting the store and see what they say.

Arbitrage practice

Let's consider an example from judicial practice.

The Sovetsky District Court of the city of Nizhny Novgorod considered case No. 11-141/12 on the return of goods. According to the case materials, the plaintiff purchased a set of underwear from the defendant’s online store and immediately paid for the purchase in full. However, upon reviewing the product, it was found that the size was chosen incorrectly, as a result of which the plaintiff requested a refund or exchange of linen, which was denied on the grounds that the product was non-returnable.

Having considered the case materials, the court took into account that the purchase was made remotely. Since the plaintiff did not have the opportunity to directly examine the purchased linen, it was decided:

• terminate the purchase and sale agreement;
• recover from the defendant: the purchase amount, a fine and compensation for moral damages and postal, judicial, legal and notary expenses.

The court also decided to collect state duty from the defendant.