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.
What to do if you bought spoiled food?
We explain how to return a low-quality product to the store and what to do if they refuse to accept it.
– I bought a jar of red caviar. Today I opened it and the caviar has turned black. I went to see if I could exchange it. Response from the store administrator: “Tell me the date and price of purchase on the receipt! Then I will look for this receipt in the store sales.” Who's right, me or her? I saved the jar and threw the caviar into the toilet. But I didn’t take the receipt for the purchase of caviar and didn’t keep it - this is my mistake.
If you bought groceries in a store, and at home you discovered that the goods were damaged, you have every right to return them to the store: according to Art. 7 of the Law “On the Protection of Consumer Rights”, the manufacturer (as well as the contractor) is obliged to ensure the safety of the product during the established shelf life. Moreover, you can do this either immediately after the purchase or later, if you do not have time to go to the store or it has already closed.
An important condition here is compliance with the expiration dates of products. That is, for example, if on July 30 you bought a carton of milk with an expiration date until August 1, then you will no longer be able to return it to the store on August 2, even if you purchased a low-quality product (Clause 1, Article 19 of the Law “On the Protection of Rights consumers"). Moreover, if the product indicates not only the expiration date, but also the exact time, then you need to return the products BEFORE this time. If you arrive even an hour late, the seller has every right not to accept the goods and not return your money.
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It's a completely different matter if you bought products that have already expired: the law strictly prohibits the sale of expired goods. In this case, feel free to return what you purchased to the store; in this case, you should not accept any claims from the seller.
Another legal reason not to accept a product may be a warning from the seller before purchase that the product has defects. In this case, you will not be able to get your money back. But if you find other defects that were not voiced by the seller, you can safely file a claim.
According to Article 18 of the Law “On Protection of Consumer Rights”, if a defect is detected in a product, you can:
- demand replacement of the product with exactly the same, but high-quality one;
- demand that the product be replaced with a similar one, but of a different brand, with a recalculation of the price;
- demand a proportionate reduction in price;
- demand a refund (with the return of the goods to the seller).
The Rospotrebnadzor Office notes that damaged or opened packaging (how else could you know that the products do not meet the quality?) and even partial use of the product cannot be grounds for the seller’s refusal to accept the defect and return the money.
As for having a receipt, it can significantly speed up the return procedure, however, clause 5 of the same Article 18 of the Law “On Protection of Consumer Rights” allows you to return the goods without it. For this, witness testimony or any other evidence, for example, recordings from surveillance cameras, will be quite sufficient. So the seller’s question about the date of purchase was quite logical: in the absence of a receipt, you can check the information using the store’s database.
What to do if the seller refuses to accept the defective product?
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If you have provided the seller with all the evidence, but they still refuse to accept the goods from you, write a written complaint (in two copies) and state the entire situation. The seller (or his representative) must put a date and signature on at least one copy indicating receipt of the claim; keep this copy for yourself. You can also duplicate the information in the complaint book.
If you refuse to accept the claim, send it by mail with acknowledgment of receipt; you will be required to give a written response.
You can also contact Rospotrebnadzor and submit the low-quality product for examination. Therefore, the next time you find yourself in such a situation, do not rush to throw away the food: they will also serve as evidence in your favor.
How quickly will the money be returned?
If you ask to replace a damaged product with a similar one, the seller has the right to do this within 7 days. If at the time of your request the store does not have such products, a replacement can be made within a month from the date of the request.
If you ask the seller to reduce the price or return the full amount, the store must return the money within 10 days from the date of the request.
Briefly about the main thing:
1. You can return low-quality products to the store before their expiration date.
2. You can demand that the product be replaced with a similar one, its price reduced or a full refund.
3. Damaged or opened packaging, as well as partial use of the product is not a basis for refusal to accept defective products.
4. The law allows you to return goods without a receipt; it is enough to know the date and approximate time of purchase.
5. If they refuse to accept your damaged goods, write a complaint to the store. It can be sent by mail with acknowledgment of delivery.
6. You can also contact Rospotrebnadzor and conduct an examination of low-quality goods.
7. The product must be replaced with a similar one within 7 days, and the money must be returned within 10 days.
If you have questions that you can't find the answer to, ask us and we will try to answer them.
Photo: foodtest.ru
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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.
If the item is expired
The supplier is obliged to offer products whose quality complies with the standards defined at the legislative level. When the buyer finds out that he purchased a product that has expired, he has the right to return the product even without a receipt. Usually the seller is extremely unprofitable from the negative reputation of a late seller, so the return is carried out without problems. Stores are often equipped with a video surveillance system, and it will not be difficult to confirm the fact of a purchase at this particular outlet if the receipt is lost.
IMPORTANT
If difficulties arise, you should record the fact of delay (for example, by taking a photo that will reflect a label with the deadline date and time of implementation and the actual date). Then you need to submit a written request for a refund.
When receiving overdue payments from large chain hypermarkets, it makes sense to write to the official website in parallel with the application to the store, attaching photo evidence. Negative feedback (without profanity or insults, of course) can also be useful. The costs of returning money without a receipt for the goods are incomparable with the amounts that will be spent on restoring business reputation.
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.
If the product was purchased using a card
All transactions with bank cards are recorded at the bank, so even if there is no receipt, it will not be difficult to confirm the fact of the money transfer.
IMPORTANT
The problem arises if the buyer wants to return the money, and not exchange the product without a receipt for a similar one. Refunds can only be made to the card from which the payment was made. According to current legislation, if the seller returns the money in cash from the store’s cash register, at the next tax audit he will face a fine for misuse of funds in the amount of up to fifty thousand rubles.
After accepting the application to return the goods without a receipt, the company’s accounting department transmits the payment order to the bank, which transfers the funds to the buyer’s card. In total, the duration of the entire procedure can be up to thirty days.
Attention
If the card is a credit card and interest is charged on the purchase amount, it makes sense to contact the bank yourself with an application for a refund. Many banks accommodate customers halfway and speed up the money return procedure.
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.
Return Policy
There are several categories of goods that can be returned or exchanged without a receipt for a similar item. This:
- a product of adequate quality, which for any reason was not required by the buyer;
- purchase of inadequate quality.
Additional information
In the first option, the purchase can be returned or exchanged if the tags or labels on the product are not damaged, it was not used for its intended purpose, and all consumer properties are preserved.
Reasons for returning may be:
- inappropriate shape of the item;
- color spectrum;
- size;
- style or model;
- equipment.
Often, when exchanging purchases of proper quality, sellers require a receipt, but this is a very controversial requirement. If the receipt is lost, the fact of the transaction can be confirmed by witnesses, or you should find a copy in the store’s cash register. The marking on the product may indicate that the product was purchased in this store. If the person who sold the item has a model with similar consumer qualities, then he is not obliged to exchange it for money. The supplier has the right to simply exchange the item.
If the product is of poor quality, then when returning without a receipt, you can demand from the seller:
- Refund.
- Product repair.
- Reducing the cost of goods.
- Compensation for repairs, subject to the provision of documents confirming expenses.
- Exchange of a purchased item for a similar one. If the replacement product has a lower value, the seller must return the price difference.
Additional information
The buyer submits an application - a claim to the seller. Based on the results of its consideration, either a procedure for exchanging the product or an appeal to the judicial authorities occurs.
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.
What else you need to know about returning goods without a receipt
- Returns of goods that do not meet the quality stated by the manufacturer can be made either before the end of the warranty period or before the expiration date. If the terms are not approved, the goods can be returned within 2 years from the date of purchase.
- The consumer has the right to contact both the seller and the manufacturer regarding the return of goods.
- An acceptable right for the buyer is to replace one product with another of a different brand, part number or model.
- The law gives the buyer the right to return almost any product to the seller without a receipt. The consumer has the right to demand an exchange of the purchased product for a similar one or a refund.
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).
What to do if a consumer wants to return a defective product?
The consumer has the right to a quality product. If the buyer finds a defect in the product, he has the right to demand:
- exchange the product for the same one - the same brand, model or article;
- exchange the product for a similar one with recalculation of the purchase price - if the product has fallen in price, the buyer has the right to demand the return of part of the money;
- reduce the cost of the product in proportion to the shortage;
- repair the product or compensate for repair costs;
- return the money.
Moreover, the buyer chooses what to demand. The store cannot decide for itself whether to exchange the product or return the money. This right is enshrined in Art. 18 ZPPP.
If the product is large or weighs more than 5 kg, the buyer is not required to bring it to the store himself. According to paragraph 7 of Art. 18 ZPPP business is obliged to do this. If you refuse, the consumer can deliver the goods himself, but if it turns out that there is indeed a defect in it, then he will have to reimburse the costs of transportation. You determine the amount of compensation by agreement or through court.
Automate the accounting of goods from delivery to sale, keep track of balances
When you pick up the goods, draw up an acceptance certificate. Indicate information about the product, its serial number, and any visible defects, such as abrasions and scratches. Give a copy to the buyer.
Lawyer's answers to private questions
Is it necessary to file a complaint with Rospotrebnadzor after refusing to satisfy a claim for returning goods without a receipt, or can you go straight to court?
To confirm an attempt to resolve the issue pre-trial, it is sufficient to attach to the claim a copy of the claim and the response thereto (if any). A complaint to Rospotrebnadzor is optional. But you need to take into account that if you get it, you need to wait another month before filing a claim.
I bought the cheese in opaque packaging. When I got home, I saw that it was covered with mold. No check was issued, payment was made in cash. Can I return the product and get my money back?
A receipt is an optional document for returns. When purchasing a low-quality product, you can not only return the money, but also exchange it for another without presenting a receipt.
I ordered the product by mail, it is of high quality, but after trying it on I realized that the style did not suit me. The post office refuses to process delivery without a receipt. What should I do?
Contact the seller and explain the situation, agreeing with him on the return procedure. If he refuses to transfer money for the item, send a claim by registered mail, then go to court. You need to contact the seller within 14 days from the date of purchase, and this fact must be recorded, so it is better not to call, but to conduct a dialogue in the form of correspondence.
I bought a hat, came home, tried it on with different clothing options and decided that it didn’t suit me. But the seller refuses to take the product back, threatening to have it examined to check whether I was wearing a hat or not. Of course, she will prove that she wore it, because I tried it on several times. I didn’t keep the receipt; I still had the tag, but I took it off.
If the tag were in place, a dispute would be initiated with the seller, but in this case this is a legal basis for refusal.
I bought a camera in an online store, three days after I picked up the package from the post office, they gave me another one - more expensive and with an expanded set of functions. Can I return an item if I threw away the receipt?
The return period is 7 days from the date of receipt of the goods, provided that you have been provided with written information about this. Otherwise, the period increases to 3 months. Therefore, you can return the camera, but only if you have proof of payment. If it was an online purchase or a non-cash payment was used, find a copy of the receipt in the history of your personal Internet banking account or order a bank statement.
Differences in returning goods depending on the payment method
There are some nuances, depending on how you paid for the goods - cash or card. This also affects the occurrence of possible problems in the absence of a receipt.
For non-cash payment
This is the simplest situation when you need to return an item without a receipt. The fact of purchase can be confirmed by a bank statement, which will indicate the payment details:
- recipient details;
- transaction date;
- transfer amount.
This information is sufficient to confirm the purchase and qualify for a return. In this case, you can obtain a statement through Internet banking or at a branch of a financial institution with the signature of an employee. Both documents can be used as evidence.
In this case, the seller returns the money in a similar way - transfers it to a bank card. It is important that the exact card used for the purchase is used for the transaction. Therefore, if you used the plastic card of friends or a relative, you need to additionally control the fact that the store fulfilled its obligation, because the SMS about enrollment will not be sent to you.
When paying in cash
In this case, you also need evidence of the purchase - witness testimony, surveillance camera footage or another document containing information about the purchase of the goods.
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How to exchange goods of inadequate quality
If the consumer requires replacement of a defective product, one must rely on Art. 21 ZPPP.
You have 7 days to pick up the defective product and replace it with the same one. If the goods were sent for examination, the period increases to 20 days. If you have to wait for the goods to be delivered from the supplier to the store, then you have a month.
If the replacement took more than a week, then within three days the buyer must be provided with a similar product for temporary use. There is an exception to this rule, for example, there is no need to provide temporary hair dryers, kettles, or furniture. The full list is given in Decree of the Government of the Russian Federation dated December 31, 2020 No. 2463.
If you are exchanging for the same product, then there is no need to recalculate. If it is similar, but of a different brand, you need to recalculate the cost. It’s cheaper to pay the difference from the cash register; it’s more expensive to take an additional payment from the buyer.
Please process the exchange of goods as a return of goods and a new sale. Accordingly, you first need to issue a return receipt for the old receipt, and then issue a receipt for the new product.
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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How to return a product for warranty repair without presenting a receipt
The warranty period means a certain period of time when the manufacturers of goods or the seller are obliged to compensate the buyer for his costs of purchasing a low-quality product (according to Article 474 of the Civil Code). In this case, the buyer can choose one of the following compensations: carry out free warranty repairs or return the entire product for a refund.
The start date of the warranty is the moment the product is sold to the end consumer. Also, this period can be calculated from the date of production, but then this must be specified in the warranty agreement.
The warranty period is suspended for the period the product is transferred to service for repair. For example, if the repair lasted 10 days, then the warranty expiration date is shifted by 10 days.
When a buyer discovers defects in a purchased product during the warranty period, he attempts to carry out free repairs, but is often rejected due to the lack of a receipt. But the law does not stipulate a list of documents that are needed to transfer the goods for repair.
Some workshops have approved regulations for accepting goods for warranty repairs, which state the buyer’s obligation to provide a sales or cash receipt when transferring the goods. This is done in order to protect against unscrupulous buyers who thus try to return for repair goods purchased elsewhere or counterfeit goods. But such regulations are in conflict with the Law “On Protection of Consumer Rights”, and therefore may not be taken into account by buyers.
But the seller’s desire to protect himself is understandable. Therefore, before transferring the goods for repair, the buyer must prove the fact of purchase in this store , and the retail outlet must make a decision based on the evidence provided. The deadline for assessing the evidence presented is established in the law as “immediate”. In any case, the seller should not delay making a decision.
Upon agreement to accept the goods for repair, the buyer is given an acceptance certificate and a service agreement is concluded. Based on the results of the warranty repairs, the contractor issues a certificate of completion to the buyer. In particular, the date of commencement of warranty repairs, receipt of the product at the repair shop, results of checking defects, date of elimination of defects, notification of the client about the completion of repairs, date of return of the product to the owner.
If a store refuses to accept a product for warranty repair without a sales or cash receipt, when the buyer presents other evidence of purchase, he has the right to go to court to protect his interests. To do this, he must take all measures to resolve the dispute out of court and receive an official written refusal from the seller. If the court considers the evidence of purchase presented by the buyer to be strong enough, it will issue an order to accept the goods for repair.
