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.
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.
Where to complain if buyer's rights are violated
The buyer can complain:
- to Rospotrebnadzor. The relevant supervisory authority will force the store to eliminate violations and punish the owner. You can submit your application in writing or through the electronic application;
- to the prosecutor's office. General supervisory authority. It will help if the store ignores the demands of the RPS inspector or Rospotrebnadzor itself sabotages the complaint.
- to court. Through the court, in addition to money for the goods, you can also recover a penalty, a consumer fine, the amount of material and moral damage and other compensation.
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.
Consumer protection - general rules
The Federal Consumer Protection Law regulates the relationship between buyer and seller. The law is aimed at protecting the rights of Russian citizens and imposing an obligation on the seller to accept low-quality goods, as well as high-quality ones, if for some reason the buyer no longer needs them, return them. To return goods to the seller, the law establishes 14 days, which are counted from the next day after the day of purchase. According to the law, the buyer has the right to return, regardless of the quality of the product, but subject to certain conditions, these include:
- the purchased product must not be used for its intended purpose;
- the product must not lose its consumer properties and retain its presentation;
- Labels and seals on the product must not be damaged.
However, not all types of goods are subject to return and exchange. Thus, personal items, underwear and bed linen, soft children's toys, pharmaceutical products, complex technical devices and others cannot be returned. A complete list of excluded goods can be found in the Consumer Protection Act. It is important to note that the buyer has the right to return the goods without a receipt, as evidenced by Article 18 of the Law on the Protection of Consumer Rights, according to which the absence of a cash receipt or other official paper certifying the fact of purchase of the goods cannot serve as a basis for the seller’s refusal to satisfy the buyer’s claims. According to the law, the seller must accept the goods without a receipt, since it is printed in two copies - one is given to the buyer, and the other is stored in the store’s archives, and if a return application is received, the seller is obliged to look at the cash register tape and make sure that the buyer is right. Also, the evidence base for the return of goods is considered to be the testimony of witnesses. If the seller refuses to accept the goods back without a receipt, the consumer has the right to file a claim with the consumer rights protection department or Rospotrebnadzor. The application details the characteristics of the product, and also indicates defects if they were identified after purchase. These organizations consider the application and take measures to prevent the crime.
If it is impossible to resolve the disagreement peacefully, the consumer has the right to go to court. In addition, if there are objective reasons when the buyer was unable to return the goods within the period specified by law, and the seller refuses to accept it back, citing delay, the consumer has the right to prepare and file a claim for the protection of consumer rights in court. If the seller meets and exchanges the goods, despite the expiration of the return period, he is legally released from fulfilling his obligations.
Important! Few people know that goods sold at a promotion or discount can also be returned to the seller, since the law does not establish them as exclusive. Such goods, as a rule, include things that have gone out of fashion. And even if they indicate that they cannot be exchanged or returned, the buyer has the right to return the goods within the period prescribed by law.
When can I return it?
The situation changes dramatically if the purchased product has defects - in this case, you can return the product without a tag, even if it was worn, has lost its presentation and cannot be sold again (Part 1 of Article 18 of Federal Law No. 2300-1)! In this case, defects are understood to mean defects in the product that were not specified at the time of sale, that do not meet consumer requirements and product characteristics, or a defect in quality that appeared during the operation of the product, subject to compliance with the requirements for such operation, for example:
- the seams came apart;
- the zipper broke;
- decorative elements have come off;
- faded material;
- the sole fell off, etc.
Please note that even if there are defects, returning a product without a tag is possible only if certain conditions are met, namely:
- defects were identified during the warranty period, and if it is not established, within a 2-year period from the date of purchase or the beginning of the season, if the item is seasonal (Part 1, Article 19 of Federal Law No. 2300-1);
- defects arose before the purchase or appeared after it, but for reasons that arose before the purchase. If the seller believes otherwise, he must pick up the goods and conduct an examination at his own expense (paragraph 3, clause 5, article 18 of Federal Law No. 2300-1);
- the buyer has a receipt or other document confirming the fact of purchase from a specific seller.
If all conditions are met, you can return the product without tags and demand:
- replacement with the same or similar one;
- reduce the cost of the product in proportion to the defect and return the difference;
- repair the product free of charge, if possible;
- return the full amount and take back the defective product.
Consumer actions when returning goods without a receipt
When returning goods, the buyer submits an application to the administration of the store where he made the purchase. The statement states:
- name and details of the store;
- personal data of the buyer, address and contact telephone number;
- the contents describe the purchased product and the date of its purchase;
- defects in the goods and the dates on which they were discovered;
- full cost of the goods;
- that the receipt for the goods was lost;
- document date and signature.
Important! If there are witnesses who were present during the purchase of the goods and can confirm this, information about them should be included in the application.
If a defective product is returned to the seller, the buyer may demand, without presenting a receipt:
- replacing low-quality goods with others, including recalculating the cost if their prices are not equivalent;
- refund - the full cost spent on the product;
- reducing the cost of the product in proportion to the identified defect, eliminating the defects or full reimbursement of the costs of eliminating the defect if the consumer intends to keep the product.
Important! If a product is returned of inadequate quality, the seller has the right to send the buyer to a technical center for an examination to identify the presence of a defect. This is possible if the warranty period for the product has not expired.
In the case of returning a quality product without a receipt, everything is much simpler. According to the law, the buyer can return the purchased product within the approved period, and the reasons for the return can be any: the product does not fit in size, the consumer is not satisfied with the style, shape or color of the product, etc. The main condition for returning a quality product is the absence of damage to the product, preservation of labels and presentation. As evidence, in the absence of a receipt, the purchase of goods in a particular store is:
- barcode on product packaging;
- warranty card;
- witness's testimonies;
- a duplicate of the receipt kept by the seller.
Submit the application to the authorized person of the store
A completed printed or handwritten claim can be submitted in person or sent by registered mail with a description of the attachment. In the first case, the application can be collected by all authorized representatives of the outlet, for example, sellers or administrators. The store employee must write a receipt of receipt or put his signature on the second copy with a transcript, the date of receipt of the application, the seal of the individual entrepreneur or legal entity (optional). If the claim is sent by mail, proof that the letter has reached the addressee will be a receipt.
A written response must arrive no later than 10 days. After considering the application, the administration of the retail outlet is obliged to satisfy the consumer’s request. Sometimes the seller may claim that product defects were the fault of the buyer. In this case, it is lawful to demand an examination at the store’s expense (Articles 20-22 of the PZPP) and take part in it, and if you disagree with the results of the check, challenge them in court.
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.
What to do if the seller refuses
What if the seller refuses to accept goods without a receipt? You need to behave calmly and confidently, since the law is on the consumer’s side. If the dispute is resolved in court, the seller will be charged a penalty, moral damages, and a fine in the amount of 50% of the amount awarded by the court.
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