Dissatisfied client: demand for a refund and how to deal with him

In what cases can you return alcohol?

Most often, the buyer wants to return strong drinks in two cases:

1. The rights of the consumer were violated, that is, the store sold damaged, counterfeit, expired goods or the receipt was issued incorrectly.
2. For subjective reasons: if the buyer changed his mind, decided to exchange champagne for whiskey or choose a bottle with a different bottling date.

According to the Consumer Rights Protection Law, an exchange or return is possible only in the first case.

In the second situation, you cannot withdraw money or exchange one product for another - there is no fault of the seller, the product belongs to the food group and is considered to meet quality requirements.

Low-alcohol and strong alcoholic drinks may be considered of inadequate quality if:

• there is no expiration date on the container or packaging, the expiration date has been erased or it has already expired;
• the color of the content differs from that established by the standards;
• there is no excise stamp on the container or there are signs of damage;
• There are foreign objects and impurities inside the bottle: sediment, debris, etc.

If you find one of the visible signs of low-quality products, it is better to return to the store and inform the administration about what happened. In this situation, the seller is obliged to accept the goods back, offer an exchange, or submit the products for examination.

You can refuse to purchase alcohol if the following information is not on the label:

• complete list of ingredients, food additives;
• strength and sugar content of the drink;
• energy value and content of micro-, macroelements, preservatives, stabilizers and other substances that may be prohibited for certain diseases;
• requirements for storage conditions before and after opening the package;
• date of bottling, manufacturing, packaging;
• contraindications;
• name and address of the manufacturer, importer;
• data on licenses, compliance with international, industry, technical standards;
• container volume.

Returning alcohol to a retail store is also possible if the sales assistant provided incorrect information, was misleading regarding the terms of use, or was unable to provide quality certificates.

In such a situation, the buyer may refuse the purchase and demand a refund, arguing that the desire is a violation of his rights and storage conditions.

The seller will not be able to refuse the client even if the information on the label of the imported drink is not translated into Russian.

Is it possible to return food products of inadequate quality?

You can return or exchange food products of inadequate quality, for example:

• expired;
• with a discrepancy between the information on the product packaging and its contents (for example, you found rice in a package of buckwheat);
• with the presence of foreign or even harmful elements for food use.

When returning food products, you have the right to:

• replace them with similar ones, but of adequate quality;
• get money back;
• get part of the money back and keep the products.

A claim for exchange/return of a low-quality food product must be submitted:

• before the expiration date of the product (with evidence attached) - if you purchased a product with an unexpired shelf life;
• or later - if you bought a product that has already expired;
• or later - if you have suffered physically and mentally from the use of a low-quality food product and have evidence (in particular, witness testimony, receipts, medical certificate, examination results).

In the absence of compelling evidence, the seller has the right to refuse to exchange/return the food product.

How to return alcohol to the store

To cancel a purchase, you must return to the store and provide:

• product;
• documents confirming the date and fact of purchase (cash receipt, sales receipt);
• claim for a refund or exchange of goods;
• identification;
• contact phone number.

If the receipt has been lost, you can confirm the date of purchase:

• inviting witnesses;
• by presenting a statement of the card account or SMS about the debiting of money, if the purchase was paid for by a bank card;
• offering to use recordings from video cameras installed in the sales area or check the sale of alcohol using the barcode on the packaging.

You can ask the cashier or outlet administrator for a claim form. If the seller cannot provide an application form, you can file a claim yourself in free form.

An identity document will be required to complete the application and documents for issuing money from the cash register.

What is needed to return food products of inadequate quality?

• the product itself is of poor quality;
• proof of purchase for this product (or other proof of purchase);
• passport (for filling out a return application, if you need to make one).

In the store you need to present a low-quality product and indicate the reason for its unsuitability.

Then there are two possible scenarios:

Obvious unsuitability of the product

If the returned food product shows obvious signs of spoilage (for example, mold, foreign elements, dirt, etc.), the seller will exchange the low-quality product for a high-quality analogue or return your money. You may not even have to file a return application.

In what cases is an examination carried out?

Both the seller and the buyer may insist on checking the quality of low-alcohol and strong drinks.

The examination is carried out at the store’s expense within 7 working days. In some cases, the period may be extended to 20 days.

The buyer may insist on being present during the examination of the purchased product. According to Article 18 of the PZPP, the seller cannot refuse this, even if the client filed a complaint without a receipt.

If, during the inspection, the expert confirms the sale of low-quality alcohol or violation of storage conditions before transfer to the buyer, the organization is obliged to fulfill the client’s requirements.

If an independent examination establishes the consumer’s guilt, the administration of the retail outlet will refuse to return the purchase, issue money and demand compensation for the costs of conducting a quality check.

Consumer education: How to return money for a damaged product if the receipt has not been saved?

If the baker successfully passed off a cockroach in a cod as a raisin, then such an act is unlikely to work with live worms.

– I bought a chocolate bar at the market, but it turned out to be of poor quality. Moreover, there were worms crawling inside,

– our reader called the editorial office.
– How can I get my money back for a damaged product?
We turned to the Chairman of the Belarusian Society for Consumer Protection, Anna Suchet,

:

– You should immediately return to the store or retail outlet where you made the purchase. Present your receipt and demand a replacement for the defective chocolate bar or a refund for the defective product.

If there is no receipt, then you can also terminate the sales contract.

– You need to prove that you took the product at this particular outlet,

– Anna Susha clarified.
– As proof, you can present, for example, packaging or a price tag with store markings.
Witness testimony is also accepted: perhaps you made a purchase with a friend who will confirm your words. If the seller says that he will not accept the product back without a receipt, then refer to Article 19 of the Law of the Republic of Belarus “On the Protection of Consumer Rights”. It says: “The consumer’s lack of a document confirming the fact of purchase of the goods is not a basis for refusal to satisfy his requirements. To confirm the fact of purchase of goods, witness testimony, elements of packaging material (containers) that contain marks confirming that the purchase of goods was carried out from this seller, as well as documents and other means of evidence indicating the purchase of goods from this seller may be used.”

If you fail to reach an agreement, state your complaints in the Book of Comments and Suggestions. By law, the administration of the retail outlet is required to give a written response within 15 days. Be sure to provide your details as anonymous requests will not be considered. If the store ignores your complaint, you can safely go to court.

And further. Even if you ate half a bar of chocolate and only then discovered that it was of poor quality, the product should also be accepted back. At the same time, the interlocutor emphasized, the money must be returned for the entire product.

The consumer's lack of a receipt cannot serve as a basis for refusal to satisfy his requirements. To confirm the purchase and sale transaction, you can use witness testimony, elements of packaging material that have marks confirming that the product was purchased from this particular seller.

Nadezhda Lisova,
Minsk Courier , November 28, 2021

How long to wait for money

According to Art. 22 of the RFP, the seller is obliged to fulfill the buyer’s requirements within 10 days from the date of receipt of the claim. The period can be extended by 7-20 days if quality control and an expert opinion are required. Usually, the administration of the retail outlet prefers to resolve the issue without waiting for a lawsuit.

If the purchase was paid in cash, the money will be issued immediately or within a week. For products paid for by bank card, the organization will make a transfer to the card account within the same time frame.

The term for crediting funds depends on the rules of the banking institution servicing the card and the speed of interbank payments. Most often, the money is credited to the credit card within 10-30 days from the date the return is issued.

Buyer's rights

In accordance with Art. 18 of the Law “On Protection of Consumer Rights” the buyer has the right:

• for reimbursement of the full cost of low-quality alcohol;
• replacement with a similar product;
• demand a price reduction;
• for replacement with a product of a different brand;
• go to court for compensation for damage to health and compensation for treatment costs.

The buyer can file a complaint with the prosecutor's office, Rospotrebnadzor, the Society for the Protection of Consumer Rights, or the police (if there is a suspicion that the store is constantly selling counterfeits).

Instructions for replacing or returning alcohol to the store and getting your money back

If you discover that the alcohol you purchased is counterfeit or suspect that today’s disgusting health is the result of drinking low-quality alcohol the day before, you can demand a refund for it.
If you have not contacted a medical organization :

1. Take the bottle with the remaining alcohol to the store and ask the cashier for a refund.
2. In most cases, the issue is resolved at stage 1. If not, call the administrator or director.
3. If management refuses to return the money, write a claim addressed to the director in three copies - one to the store, the second to yourself, the third to one of the authorities (the prosecutor's office, Rospotrebnadzor or OZPP).
4. Submit your claim in an official way - via Russian Post with acknowledgment of delivery. A copy to the supervisory authorities with a complaint against the seller.
5. Within 10 days after receiving a request for a refund, the seller is obliged to fulfill it.

In your complaint, do not forget to indicate that a copy of this document will be sent by you to the prosecutor's office or another organization. The store may lose its license to retail alcohol and suffer huge losses. Therefore, it will try to resolve the issue without the participation of supervisory authorities.

If you have sought medical help:

1. Request a refund from the store in the same way as the previous method.
2. Write an application to the prosecutor's office providing copies of medical documents.
3. File a claim in court demanding compensation for damage to health and treatment costs.
4. If your loved one died as a result of using a surrogate, you can demand from the court a pension for the victim’s minor children before the age of 18 and one-time compensation for the loss of the breadwinner and compensation for funeral expenses.

When going to court, you will need to support your claim with documents - extracts from your medical history, test results, copies of receipts for the purchase of medicines, receipts for payment for medical services, funeral services, absolutely all expenses that you incurred due to the fault of the seller.

If there are witnesses, you need to secure their consent to take part in the trial. Request store surveillance footage for the day and hour the victim purchased the alcohol.

To establish the amount of pension for children , prepare certificates of income of the deceased, from which the court will make a judgment about the level of family income that the victim provided.