How to return clothes to a store legally in 2021: without a receipt, without a tag, within 14 days

Is it possible to return clothes to a store?

The rules for the exchange and return of clothing are determined by Art. 25 of the Law on Protection of Consumer Rights. According to clause 1, each buyer can refuse the purchase and demand an exchange if:

the dress did not fit;
I need a blouse of a different color;
the style of the coat did not match the boots;
The seller did not deliver the complete set.

The seller will check the product and refuse return if:

the item has lost its presentation
there are signs of wear
There are no shortcuts.

If there are no defects in the product at the time of handling, the department employee must:

offer to choose another model from the available range;
return money for goods that could not be exchanged due to the lack of a suitable analogue.

Conditions for return.

The accompanying documentation for the bicycle indicates that the product is of appropriate quality and complies with GOST and TU. According to Art. 4 of the PSA, the seller is obliged to offer the buyer only a bicycle that meets the quality requirements.

The documents also indicate a description of the product, its service life, and expiration date.

If all quality standards are met, then the bicycle can be returned Sportmaster or another store within 2 weeks from the date of purchase.

Conditions that must be met when returning (Clause 1, Article 25 of the PZPP):

No traces of bicycle use.
The product's presentation has been preserved.
There are no violations of stickers or seals.
The contents of related products (bell, reflectors, etc.) are the same as when purchased.
Sales receipt, cash receipt and other documentation are available.

If the receipt is lost, the fact of purchase can be confirmed using the available stamps, store seals on the instructions, and the warranty card.

When paying by card, the consumer can bring a bank statement. You can also confirm the purchase by video filming in the store or by inviting witnesses.

Important! If any documents are lost and the seller refuses to accept the bike back, you need to contact Rospotrebnadzor and act according to what the employees say.

Passport when returning goods.

If a defect is detected

The procedure and conditions for returning clothing of inadequate quality are determined by Article 18 of the PZPP.

You can return such goods , indicating any requirement in your claim:

give a discount;
return money;
compensate for damage caused by the sale of a defective product;
exchange the product for a similar model with an additional payment or compensation for the difference in price.

If an organization doubts the presence of a manufacturing defect, an independent examination will help determine the cause of the defect. The costs of obtaining a conclusion are always paid by the store.

An exception is if the expert proves that the defect in the product appeared after the sale due to the fault of the buyer. In this case, the organization will withhold the cost of the examination , recalculating the amount to be paid.

Is it possible to return children's clothing?

Returning children's clothing is difficult. Many sellers mistakenly classify it as a non-returnable product, citing the closed list of Resolution No. 55.

In fact, only 3 groups belong to non-returnable items: bed linen, knitted underwear and hosiery.

For example, you cannot donate high-quality goods for newborns:

envelopes;
diapers;
baby vests;
sliders;
socks;
tights;
caps.

An exception is if the seller misled the product about the place of production, materials used, care and washing rules.

But the store can no longer refuse to return children's overalls, dresses, trousers, blouses, shirts for preschool children and teenagers without explanation.

How long can you return clothes?

The Consumer Rights Protection Law provides for two periods when the buyer can refuse the purchase and withdraw the money:

within 14 days if the items are of high quality. The period is counted from the next day after purchase.
before the end of the warranty period if a defect was discovered. In most cases, manufacturers provide a warranty within 30 days from the date of purchase. The exception is seasonal types of clothing.

For coats and raincoats, the warranty can last up to 60-90 days. The period is counted from the date of purchase or the beginning of the season if, for example, a winter jacket was purchased in the summer.

Legal basis.

The conditions for returning a bicycle are prescribed in Russian legislation and are regulated by the following acts:

Ch. 30 Civil Code, general conditions for returning goods to stores.
ZoZPP No. 2300-1, the relationship between the consumer and the seller is described in detail here.
PP No. 55 dated January 19, 1998 contains a list of goods that cannot be returned in principle, or this process is carried out under certain strict conditions.

Important! The consumer has the right to return the goods within the period established by law. It doesn’t matter where or at what retail outlet it was purchased (online or retail).

The method of delivery of goods is also not taken into account; the only condition may be payment of the courier to a third-party company that delivers goods to the public.

Return of a bicycle of proper quality within 14 days is carried out according to Art. 25 ZPPP.

The following nuances are taken into account:

Preservation of the original appearance.
The bike has not been ridden, disassembled or repaired.
If possible, leave the packaging, labels, hologram, etc. unchanged.

Important! In fact, it is impossible to return a product that has been used intensively, parts have broken, components have been lost and the bike has been left in poor condition. All products that do not meet the requirements prescribed in Art. 25 ZPPP, non-refundable.

How to issue a refusal

The procedure and conditions for returning high-quality and defective clothing to the store differ only in the timing of the application.

The following step-by-step instructions will help you refuse the purchase and withdraw your money in both cases:

Collect documents: cash receipts, sales receipts, payment receipt, money debited from a bank card, copy of your passport (pages with photo and registration address). You can return items without a receipt, provided you can prove the purchase in a specific department. If documents were lost, find two witnesses.
Check the items: the fabric is intact, there are no signs of use, all factory tags are in place. You can hand over the goods without packaging, but if it is available, the store will be more willing to meet you halfway and fulfill the requirements.
Write a complaint. If the seller does not have standard forms, make a free-form application. In the text, be sure to indicate your passport and contact information, date, amount of purchase, name of the item, reason for contacting and requirements. The application is drawn up in two copies.
Submit your complaint to the store. Please attach a prepared package of documents and the item you want to return to your claim.
Pick up the second copy. Check that the seller has dated receipt and signed the claim.

Keep the original receipts for yourself; they will be useful for filing a complaint with Rospotrebnadzor if the store refuses to comply with demands for payment of money or exchange of items.

Download a sample application for returning clothes to a store

Instructions

Statement

Before returning the goods, you must fill out an application for returning the goods in advance . Indicate in it:

quality of the product (proper or improper);
in the header - the seller’s data in accordance with the sign, store address, full name, contact information (phone number, email);
date of purchase of the product, its name, name and address of the store;
cost of goods (in numbers and words);
indicate additional information (product not used/returned in proper quality/defect found, etc.);
write down what you want to receive from the store - refund and exchange;
indicate the date again and sign with a transcript.

Money return act

After receiving the application, the cashier must draw up a statement on the return of funds . Usually it is drawn up in the KM-3 form, but organizations and individual entrepreneurs have the right to develop their own forms.

Invoice for delivery to supplier

Drawing up a return invoice is necessary if you decide to return the goods to your supplier (in case of violation of the terms of the contract or if defects are discovered). It is drawn up in two copies, and in it you must:

indicate the type of document in the header (“Invoice”);
indicate the details of the supplier (full name of the organization, full name of the owner, address, zip code, telephone, service bank, identification number), consignor (same data), payer, consignee;
describe the reason that served as the reason for returning the goods;
describe the item being returned and its cost (in words);
highlight the columns for the signatures of the heads of the shipper and consignee, put stamps, date.

Making a claim

If the seller refuses, you can write a claim using the following template:

fill out the header (indicate your details and details of the store, seller);
indicate the name of the product and its cost in numbers and words;
indicate the reason why you want to return the purchase;
describe the reason why the seller refused you;
demand a refund;
put the date and signature with a transcript.

How long will it take to expect results?

You must receive a refund in cash or to the bank card used to make the purchase.

According to the Law “On the Protection of Consumer Rights”, money must be returned within a period not exceeding three days (for a claim that was filed during online shopping, funds are refunded no later than 10 days).

When and how will the money be issued?

The time it takes to resolve a claim depends on the desired outcome. In most cases, you can exchange one dress for another on the same day.

If you were unable to choose a suitable model from the available assortment or decided not to purchase, you will have to wait 10 days. During this time, the organization must make a decision and pay the cost of the product.

If a dispute arises due to quality and an expert opinion is required on the cause of the defect, the period can be extended to 20 days

Depending on the payment method, money is paid out in two ways: in cash and by transfer to a bank card . Unfortunately, you cannot choose a convenient option.

An exception is if the credit card was lost, expired, or is being reissued. In this case, you can change the payment method. To do this, do not forget to indicate the reason in the application.

When the law is on the seller's side

Current legislation provides for several cases when the store administration has the right to refuse to accept items and pay money:

if the clothing belongs to the group of non-returnable goods;
when trying to return a quality item 15 or more days after purchase;
if the presentation is lost: there are no tags, labels, stains or pills have appeared on the material, the product has been washed;
the claim for a defective product was received after the end of the warranty period;
The defect was caused by the buyer.

What to do if they refuse?

To avoid any misunderstandings, before talking with the seller, you can warn him that the conversation will be recorded on a voice recorder . It is important to maintain a calm but friendly appearance.

The recording of the conversation can be used in court, and immediately after an unreasonable refusal, you have the right to write a claim, a sample of which was given above.

Returning a product is a common occurrence even if the product is of good quality . But not all sellers are conscientious, and in order to competently manage your civil right to reimbursement of funds, you need to be legally savvy, and that is why answers to the most frequently asked questions were included in the text of the article.

If you find an error, please select a piece of text and press Ctrl+Enter.

If items were purchased in an online store

Customers of online stores find themselves in an advantageous position. According to the Distance Selling Rules, you can refuse to buy a new dress, trousers, or coat:

until the order is received;
within a week after delivery of the goods;
within three months, unless a reminder about the rules and conditions of refusal or exchange was included in the package.

Products with defects can be returned before the end of the warranty period if the defect was not caused by the buyer.

Shipping costs for returned items are paid by the buyer.

When filling out a return application, keep in mind that the online store has the right to withhold delivery costs.

Otherwise, the procedure is almost the same. To register a refusal and receive money:

Fill out an application , indicating your data, bank details for the transfer and attaching copies of payment documents.
Scan the claim and send it to the online store’s email.
Please confirm your return address with customer service.
Send the parcel by Russian Post or courier service.
After 5-9 days, find out about the decision made .
Check the transfer of money to your current account.

The time it takes for the transfer to arrive depends on the speed of payment processing by the bank that issued the card. Most often, funds are credited within 2-3 days; in some cases, the waiting period can last up to 20-30 days.

In what cases is it possible to return and exchange quality goods?

Sometimes, after purchasing a quality product, you may want to return it or exchange it for another. This can be done only if certain conditions are met <*>. Let's look at them.

What goods can be returned or exchanged.

If the product is of proper quality, then you can return or exchange it only if it:

1) refers to non-food items. Food products of proper quality are not subject to exchange or return <*>;

2) has not been used;

3) retained its consumer properties;

4) is not included in the list of non-food products of proper quality that are not subject to exchange or return. A number of goods can be returned if they are packaged in sealed (vacuum) consumer packaging, as well as in consumer packaging that makes it possible to establish that the product has not been used.

Note! You cannot return or exchange goods of proper quality if you bought it from an individual who is not an individual entrepreneur, at the market or in other places established for sales, or from a craftsman <*>.

How to prove the purchase of goods from this seller.

Most often, the fact of purchase of goods is confirmed by a receipt. If you do not have a receipt, you can present it to the seller instead:

— a receipt for the cash receipt order;

— receipt for the tear-off coupon;

— a properly executed technical passport;

— operating instructions;

- user guide;

- another document containing information about the seller, name, cost, date of purchase of the goods, executed in the manner approved by the Ministry of Trade.

The buyer's absence of a document confirming the fact of purchase of the goods is not a basis for refusal to satisfy his requirements <*>. Therefore, if you do not have any of the above documents, then you can confirm the fact of purchasing the goods using <*>:

— witness testimony;

— elements of consumer packaging (packaging) that have marks confirming that the goods were purchased from this seller;

- documents and other means of proof indicating the purchase of goods from this seller.

Note! It is difficult to confirm the purchase of goods from a specific seller without the appropriate document using the above methods. Therefore, in any case, when purchasing goods, ask the seller for payment documents and save them.

How long does it take to return or exchange an item?

You can return or exchange an item within 14 days from the date of purchase. The seller may set a longer period for exchange and return of goods of proper quality. In this case, you should be guided by the deadline <*> established by the seller.

Note! The seller has no right to reduce the period by setting it to less than 14 days.

14 days are calculated from the day following the day of purchase <*>. If the 14th day falls on a day when the seller does not work, the expiration date is considered to be the next working day following it.

Example A product was purchased on February 23, 2021. The 14-day period begins to count from February 24, 2021. The last day of the period falls on March 8, 2021. Moreover, on March 8, 2021, the store where the product was purchased is closed. Accordingly, the buyer can return or exchange the goods on the next business day, i.e. March 9, 2021

Note! The consumer has the right to return goods of proper quality directly on the day of purchase.

What is the best way to contact the seller?

You can make a demand for replacement or return of goods either orally or in writing, since neither the method nor the form of appeal is established by law. So, for example, if, in the event of an oral demand to the seller, he does not satisfy your request for a return or replacement of the goods on the day of your request, in order to insure yourself against possible dishonest actions on his part, you can send him a written demand. In this case, you should choose a method of presenting a claim that will allow you to subsequently confirm receipt of the claim by the seller, for example, by making an entry in the book of comments and suggestions or sending a registered letter with notification.

Note: In case of returning a product, the seller is obliged to return exactly the amount of money you paid for the product, and not the amount equivalent to the value of the product at the time of its return. If the item was purchased for cash, the seller will return the money in cash when returning it. For goods paid for by credit card, money will be returned to the card unless the parties agree on another method of return <*>. When exchanging goods for another similar product, in case of a difference in price, recalculation is made with the seller <*>.