The law on the protection of consumer rights in force in the Russian Federation establishes the possibility for the buyer to return a product to the store if for some reason it does not suit him (the shade of the jeans in reality turned out to be different, the refrigerator did not fit through the kitchen doorway, and the second monitor for the computer and turned out to be an impulsive unnecessary purchase), in addition, the consumer has the right to exchange the product for a new one that meets his needs. In this case, the consumer must prepare an application for the return of the goods and provide it to the store with a cash receipt attached.
Legal justification
The purchase of an item is considered a retail transaction. Such transactions are subject to the Federal Law “On the Protection of Consumer Rights”. Based on this law, the buyer can return an unsuitable item or a purchase with a defect. To return, you need to contact the seller, taking with you:
- an application for a refund of money previously paid by the consumer;
- check;
- item that needs to be returned.
Article 493 of the Civil Code of the Russian Federation states that a retail transaction is considered concluded from the moment the check is issued. But what if the check was lost? Is it possible to return an item? The answer to this question is given in the same Federal Law “On the Protection of Consumer Rights”. In particular, the required provision is contained in paragraph 5 of Article 18. It states that the absence of a check or other document cannot be a basis for refusing a refund. This is relevant for cases where deficiencies are discovered. The same norm is contained in Article 25 of Federal Law No. 2300-1.
Use of checks in trade
In accordance with Russian legislation, business entities in the field of trade relations are required to use cash register equipment when selling consumer goods. Along with the purchased goods, the consumer is given a receipt in a certain form, which is also the primary accounting document on paper.
Important! Issuing a cash receipt to the buyer is an obligation for the seller to ensure proper accounting of funds in the field of trade settlements.
The following details must be noted on the cash receipt:
- the name of the purchased product and its cost;
- document serial number;
- the official name of the seller, including his tax identification number and registration certificate number;
- KKM serial number;
- legal address of registration of the device;
- properties of the tax regime.
In addition to the above mandatory details, other information, such as advertising, is allowed to be placed on the cash receipt. If the details on the receipt are not printed clearly, the operation of the machine is suspended. The information placed on the receipt not only allows the consumer to categorically prove that the purchased product belongs to a specific seller, but also provides the tax authorities with the opportunity to verify the seller’s compliance with:
- trading rules;
- rules for performing cash transactions;
- cash handling;
- monitoring the amount of revenue for a specific period.
If non-compliance with the norms of legislative acts regarding the issuance of a check is detected, sanctions in the form of a fine or a warning are applied to the seller, if he has not previously been brought to administrative responsibility for issuing a payment order.
When can you return an item without a receipt?
To return an item without a receipt, you need to fill out an application with a corresponding request. It contains this information:
- Date of purchase.
- Characteristics of the purchased item.
- Evidence of purchase.
- Reason for return.
- Reason for missing receipt.
Refunds are made based on this statement. All information in it must be presented clearly and understandably.
How to confirm the purchase
The law states that you can return an item without a receipt. However, nothing is said about what is allowed to replace this document. At the same time, it is obvious that there must be some kind of proof of purchase. Since they are not specified in the law, the seller and the buyer themselves determine this list. The evidence must be such that the court considers it significant. Examples:
- Evidence indicators.
- Warranty cards.
- List of papers on the operation of the product.
- Documents confirming the fact of making a non-cash payment (for example, a card statement).
The proof is tags, price tags, packaging. In addition, evidence of purchase may remain not only with the buyer, but also with the seller. This could be a copy of a receipt or sales record.
Refund for services not provided
Masha 06/23/2018 16:04:23
Hello! I can’t get rid of the company **** the name is covered with asterisks, they refuse to disappear under various pretexts, or rather, they persistently do everything to continue stealing money, since they actually do not provide any services, but at the same time they continue to send invoices. How can we force these people to stop this outrage and return all the money they stole? It all looks like a long time, because they lie and do everything in such a way that, by coming up with various excuses and constant lies, they continue to steal the money of the client, who has long explained that he does not want to have anything to do with them. Situation: In September 2021, it turned out that they had cheated by almost 30,000 rubles over 2 years - they entered a duplicate of my number into the account number, from the first month they switched the Internet tariff to twice as expensive, and constantly included services in the bills that they did not provided They agreed to return the money only for a duplicate phone - 10,000 rubles. At the first request - nothing was returned. I demanded a refund to the same card from which they wrote off the money - they refused to make a refund, citing the need to write a statement. Or rather, they said that the money was returned to the account. To which I replied that I was not going to ever use their services again, and demanded that the money be returned to the same card from which they wrote it off. I also demanded to disable all their services except my mobile number, to which they also refused, citing the need to write a refusal application. In September or October 2017, it turned out that they were cheating and deceiving. Or rather, this was clear before, when instead of the tariff amount of 1,100 rubles, bills for 2,500-3,900 rubles began to arrive... With the operator, it turned out that they were entering two numbers into the bill instead of one, and this is not by chance, they also accessed the Internet using a SIM card and they changed the tariff, including for the same amount as mine. When I started to find out what the number was, it turned out no one was using it. This number **** was issued by the tenant themselves. I asked the question then why they take so long to withdraw money, since no one has been using it for 2 years - they answered me - well, you pay for it. As far as I know, if a phone doesn’t call for several months, the operators turn it off.. After they agreed to return the money for this charge, **** sent bills for another two months, where this number was still entered - a duplicate of my number . In December, on the 18th, I also wrote an application to transfer my mobile number to another operator. But despite this, they disconnected my number. Suddenly, on December 27-29, my mobile phone *****, which I received personally with my passport, stopped working. I called to find out what was wrong, the operators told me on the phone that since the number was connected to the home account for KST services. no one else cheats like that, so all services are disabled, the Internet also did not work. Around December 18th, I switched all services in the same way, calling a technician from another operator, so in fact there could be no traffic on my part. In March, it turns out that bills from **** continue to arrive, and they take money for the home phone and televisions. And the mobile phone was turned off again, because there was supposedly a debt on the home account. And surprisingly, someone even called once from the home number, which is actually impossible, and once again confirmed the fact that they write whatever they want on the receipts. they were unable to provide me with anything other than a blank piece of paper that simply contained the name of my tariff. There is no evidence of traffic either, and generally no documents on the basis of which they provided their services and demanded that you come and write statements from them. I wrote 2 complaints about deleting all accounts from the beginning of 2021 for the reasons that everything was turned off and for a refund of the difference for the tariff switched without my knowledge and the amounts that they also included for mobile Internet, which I did not order and which did not correspond to the tariffs at all, and wrote a claim for the return of 10,000 rubles, which they withheld all this time and did not return. A week later, some guy from this company called me and continued to talk about how their fraud was organized in many stages. After that, I wrote 2 more claims by email, and strangely enough they accepted them - they sent me claim numbers. That is, they still accept claims by email... A month passed, and I called to ask where my money was, and why they continued to withdraw money for the phone and TVs. Regarding TVs, they said that they have not received 2 more set-top boxes out of three, and if they do not have these set-top boxes, then the service is automatically considered to be provided. Although in December I also wrote and called them to come and pick up their equipment. And they said that there was an application in December only to disconnect the mobile phone from another person, who is the responsible tenant. Even when it turned out that they were stealing money, it turned out that for some reason my mobile number was not registered to me, although I came with it with a passport, but to the responsible tenant. Regarding the return of 10,000 rubles, today it turned out that they did not consider my application, because it had to be from a responsible tenant. The fact that I myself came to connect the TV Internet and mobile phone - and they took my passport from me, it turns out, does not play any role in their company. I have a reasonable question: do they even have the right to record the SIM cards of some people on the passports of others? A month passed after filing the claims, they did not return the money, and I did not receive any answers, they wrote by email that they sent me an answer by letter, I suppose in order to continue to stall for time and continue to rob. Moreover, I asked the responsible tenant whether he entered into any agreement with **** for services? He replied no. In addition, they did not give me any contracts or other documents when I connected the Internet mobile TV. And now they tell me that I can’t turn anything off and take it away, since only a 90-year-old tenant who is obliged to run to their office constantly can. The point is that when the state company MGTS, after the collapse of the union, passed into the hands of other people and began to be called differently, they continued to take money from the population, which did not enter into any agreements with them, I believe. The situation is described briefly because they stole and cheated before. It’s just that when such a deception and calculation was discovered, a complete shutdown was required. And my question is, do they have the right not to return the money both upon request and after the application is submitted? Although, when I came to write them, they didn’t tell me anything about what only the answer could do. the tenant demands something from them. Who didn’t sign anything with them at all and didn’t order anything from them. And for almost a year they continue to impose their services, which they actually do not provide, especially after they were required to completely shut down. And now they were also saying, when the guy from **** called a month ago, what kind of mobile phone they turned off back in March, I also have some kind of debt. I am registered in this apartment, I personally went to connect these services, and for half a year now I have been demanding that they get rid of them and return the money. They continue to send invoices allegedly on the grounds that the responsible KVS’s application for disconnection was not written. When I asked the question why the Internet was turned off and nothing was written off for the Internet, on which both TV and home actually work, at least for the company that I have had since the end of December, I did not receive an answer. How to force these ******* to return all the money for the calculation, and get rid of it forever. As I understand it, they don’t have any contracts at all for the activities they started, since they didn’t even give me any documents, and couldn’t even provide anything in the office, but they demand that apartment owners constantly leave them their passports data and signatures. Do they violate my rights and the rights of a responsible tenant who is being charged with services that he did not order? Do they even have the right to refuse to return and disconnect services to the person who is registered in the apartment, I am my daughter, and not to give the money for shortchange? And demand that only otv kv.s come? Thank you.
What items can be returned without a receipt?
You can return these products without a sales receipt:
- With defects, various shortcomings (for example, a non-working lock, a crack).
- Not suitable for the buyer in terms of consumer characteristics (size, color, etc.).
That is, things can be returned both with and without defects. You only need to remember one thing - the warranty period. It is 14 days. The returned item must comply with these standards:
- Preservation of the original appearance.
- Safety of packaging and labels.
- The product must not show signs of use.
That is, the original commercial properties of the product must remain the same. And the buyer needs to remember one more point - usually the exchange is carried out first, and only then the return. That is, first the buyer asks to exchange a product whose quality he is not satisfied with for a similar one. If there is no similar product in the store, the seller must return the funds to the buyer.
IMPORTANT! The rules under consideration apply only to non-food products. That is, for example, milk cannot be returned for the specified reasons.
ATTENTION! If the product shows signs of use, you will have to keep it with you. It cannot be returned.
What goods cannot be returned without a receipt?
The following categories of products cannot be exchanged or returned without a receipt:
- Perfume.
- Textile and cosmetic products.
- Knitwear.
- Outerwear (jackets, fur coats).
- Jewelry.
- Products made of precious metals.
- Auto.
- Personal hygiene products.
FOR YOUR INFORMATION! The list of products in question cannot be returned either without a receipt or with it.
How to receive an electronic check?
Now, when paying for purchases through vending machines, Russians will receive an electronic receipt rather than a paper one.
If the device has a display, it will display a QR code that must be scanned through a special program of the Federal Tax Service “Verifying Cash Receipt”. You can download it from the App Store and Google Pay. Receipts will be stored in this application: at any time you can open a receipt and obtain information about the date, time of payment, purchase amount, and fiscal data operator details. Electronic checks can also be received by email or mobile phone.
Question answer
Is an ATM receipt proof of a transaction?
“By using electronic receipts, we save time on printing and are more careful about the environment. Savings on check printing translate into costs associated with maintaining the system for sending electronic checks. Yes, there may be technical problems with sending, but a technical problem may also occur during printing and you will not receive a check,” explains lawyer Maxim Pletnev .
Return procedure
To return a product without a receipt, you can follow this procedure:
- Collection of documents and testimony that will confirm the fact of acquisition.
- Contacting the store with the product.
- You need to ask the seller for an application form.
- A statement is drawn up that focuses on the shortcomings of the product.
- If a product is found to be defective or defective, it makes sense to file an application to organize an examination.
- After 10 days you need to come back to the store.
If the application is not considered, the buyer can contact Rospotrebnadzor.
Why does a buyer need a buyer's receipt?
Firstly, a cash receipt is direct evidence of the purchase of goods in a specific store. Accordingly, it serves as the consumer’s evidence base in case a situation arises when the product is no longer useful to him or does not suit him and needs to be returned. However, other documents may be evidence confirming the fact of purchasing a product in a certain store, but more on that later.
Important! The seller's requirement to provide a cash receipt when returning goods is illegal!
Secondly, the buyer needs a check if it is necessary to draw up a report on the goods purchased for a certain amount of money.
Returns without a receipt: information for the seller
The seller must process the return of the goods. To do this, he will need information. In particular, you need to request a passport from the buyer. However, the law does not oblige the consumer to present his passport. Therefore, this issue must be resolved by agreement. The accountant, based on the information provided, draws up an expense order. It is created according to the KO-2 form, established by Decree of the State Statistics Committee No. 88 of August 18, 1998.
If a product previously sold using a cash register was returned, the accountant can, for tax accounting purposes, record the details of the expense order in the purchase book. The latter is provided to the consumer upon refund. These conditions must also be met:
- Availability of papers that confirm acceptance of returned products.
- Registration of order details is carried out at the time the returned product is accepted for accounting.
Even if products are returned without a receipt, the return transaction must be documented.
How to make a refund via an online cash register on the same day?
If the goods are returned on the same day (on the same shift when the sale was made), then the responsible employee carries out the corresponding operation at the online cash register - generates and prints a standard receipt with the calculation sign “return of receipt”.
When the shift is closed, and the consumer brought back the wrong, spoiled products and wants to get the money back, then the cashier:
- takes the required amount from the cash desk of a legal entity or individual entrepreneur (issue an expense order - KO-2);
- generates a return invoice on the cash register;
- issues funds;
- closes the shift.
Data about the operation will be reflected in the Z-report when it is withdrawn.
Can the seller refuse to accept the goods?
Can the seller refuse a refund and remain within the law? Yes, in these cases:
- Products purchased as part of a promotion or sale are returned.
- Some categories of products are being returned (for example, laptops, jewelry, cars, personal care items).
Some sellers refuse to accept the item back on the basis that the consumer did not provide a sales receipt. However, this is a very risky option. If the buyer is aware of his rights, he can send a complaint to higher regulatory authorities. The conflict may be brought to court. The seller has little opportunity to win the case.
Can he justify his position? There is little chance, since the law is on the side of the consumer. However, the seller has the opportunity to build his argument on the fact that the buyer returned an already damaged item that was previously in use. You can substantiate your position with the help of an expert opinion.
FOR YOUR INFORMATION! In most cases, it is beneficial for the seller to accept the product back. This is a less expensive option. A direct conflict should only be undertaken when the seller is ready for proceedings at a higher level (Rospotrebnadzor, court).
Fine for failure to clear a cash receipt and other similar offenses
The fine that a company faces if a check is found to be unbroken, in accordance with clause 6 of Art. 14.5 of the Code of Administrative Offenses of the Russian Federation, can reach up to 10,000 rubles. For an individual entrepreneur or an official, this will cost up to 2,000 rubles. True, if you're lucky, violators can get off with a warning.
However, the absence of cash register receipts is not the only violation that entails sanctions. For example, failure to use cash registers threatens the enterprise with a fine in the amount of ¾ to the entire amount of unrecorded revenue, but not less than 30,000 rubles. For a director or individual entrepreneur, other amounts are provided - from a quarter to half of the proceeds, but not less than 10,000 rubles. (clause 2 of article 14.5 of the Code of Administrative Offenses of the Russian Federation).
Repeated detection of the same violation (if the hidden revenue reaches 1 million rubles) threatens with disqualification of officials for a period of 1 to 2 years, suspension of the activities of the enterprise or individual entrepreneur for up to 90 days.
IMPORTANT! According to Art. 2.4 of the Code of Administrative Offenses of the Russian Federation, entrepreneurs bear exactly the same administrative responsibility as officials (unless the Code of Administrative Offenses prescribes otherwise). At the same time, Art. 14.5 of the Code of Administrative Offenses does not contain any clauses protecting individual entrepreneurs.
Read about other nuances of maintaining cash discipline in the material “ Cash discipline and responsibility for its violation .
How to make a refund at the online checkout when paying non-cash?
If the payment was made to a bank account, then the cashier generates a cash receipt with the sign of the payment transaction “return of receipt” and the payment form “electronic means of payment”, other mandatory elements provided for by Russian legislation.
Sometimes a visitor who previously paid for a purchase in cash, bringing it back, asks to transfer the money to a bank account. How to issue a refund via online cash register in this case?
In addition to the unsuitable product, the employee must obtain an application from the end consumer with a request to transfer money to the account. In the application you must indicate information for payment: account (card) number, bank name, etc. After this, a return FD is generated with the details described above.
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