Is a passport required when returning goods using a card to a store on the day of purchase and within 14 days in accordance with the law, why is it required?

When purchasing a product, each person becomes a participant in a two-way transaction.
But when you came home, you discovered that you didn’t like the color, the shape, or the product didn’t meet your expectations. You have the opportunity to return products. At the same time, few people think about whether a passport is needed when returning goods. Article 25 of the Law “On Protection of Consumer Rights” implies the client’s ability to return an item previously purchased from a certain organization. Or you can exchange it for an identical one if it is not defective or damaged. The returned product must not belong to the food group or be included in the list of goods that are not subject to exchange or return. You can replace it with an identical model in the following cases:

the object is not suitable in shape or size;
the product is of the wrong color or tailoring;
wrong size.

The seller does not have the opportunity to refuse to exchange or accept back the product if the following conditions are present:

the product has not been used;
all consumer qualities are preserved;
the presentation is not damaged;
there are no violations of factory seals;
there is a document approving the purchase - a sales or cash receipt, which indicates the day of purchase.

Products can be returned within fourteen days, excluding the day of purchase, if the returned product is in proper condition. If the item being returned is proven to have been damaged by the manufacturer and cannot be used, a replacement may be requested during the entire warranty period. For goods classified as household appliances, the return period can range from six months to three years. Also, during this period of time, household appliances should be repaired free of charge. If it is impossible to exchange an item for an identical one due to its lack of stock at the time of application, the buyer has the opportunity to:

receive funds for the returned goods in full;
wait until the same product is in stock at the store;
choose another object with compensation for the price difference.

If the seller can find a full-fledged replacement, he has legal grounds not to return the money.

Documentation of return

Returning the product to the store and issuing money to the buyer occurs as follows:

The seller accepts the goods based on a written statement from the buyer, which indicates the reason for the return. After receiving the goods, the seller issues a return note in the amount of two pieces. One copy is given to the client, and the second is filed with the product report. It is this invoice that is the legal basis for the return of funds from the cash register.
An expense cash order is issued. The cashier must issue the money, having previously verified the data specified in the cash register and the person to whom he is issuing the money (paragraph 2 of clause 6.1. Instructions 3210 - U). The cashier has the right to issue funds only to the person whose passport details are indicated in the cash register.

Returning goods before the cash register closes

In this case, the refund procedure will be somewhat simpler. Salesman:

draws up an act in form KM-3, approved by Resolution of the State Statistics Committee of the Russian Federation dated December 25, 1998 No. 132;
makes a corresponding entry in column 15 of the cashier-operator's journal (form KM-4) about the return of funds (see clauses 4.2–4.3 of the Standard Rules for the Operation of Cash Register Machines..., approved by Letter of the Ministry of Finance of Russia dated August 30, 1993 No. 104).

These forms do not require entering the passport details of the recipient of the funds.

The letter of the Department of the Ministry of the Russian Federation for Taxes and Duties in Moscow dated July 15, 2004 No. 29-12/46909 enshrines similar provisions and indicates that the rules for returning money for goods are selected depending on when the buyer returned it. Attention is focused on the fact that when returning money from the cash register after the end of the shift, a written statement from the consumer is required. He is also required to provide an identification document. If the money is returned before the end of the shift, there is no need for such actions.

Is it legal for a store employee to ask for a passport?

You purchased an item, but it didn't suit you. We came to the store to return the product, and they asked you to show your passport. The question arises: is a passport still needed to return goods if the purchase was made without an identification document? Due to his ignorance of the legal aspects of such operations, the client tries to prove that he is right. The regulatory act protecting consumer rights does not contain information about the mandatory presentation of a passport or other identification document to return goods. But there is another regulatory act that states that in order to return goods, a passport is required (indication of the Bank of Russia, clause 6.1.).

If the return is made on the day of purchase, you can do without a passport. Since it won’t be difficult to process a refund at the checkout. But, if the operating day is over and the cash register is already closed, then a refund is impossible only with a written application from the buyer. Since cash discipline is subject to verification by tax authorities, all transactions must be confirmed and formalized properly. It is for this reason that you may be asked for a passport and even a photocopy. The passport data is entered into the cash register, after which the store cashier checks the data specified in the cash order and the person to whom the funds are issued.

Carrying out the procedure while the cash register is open

If a passport is needed when returning goods while the cash register is operating, then such a requirement is not legal, since in this case the seller can carry out the procedure without entering the client’s personal data.
The process algorithm is based on the following steps:

execution of an act of acceptance of goods in a special form established by legislative norms (the document indicates detailed information about the purchase, reason for return and cost);
entering information into the journal about the procedure for conducting cash transactions indicating the return of money in a strictly specified amount. Filling out is carried out in accordance with accounting guidelines based on legal provisions.

An identification document must be provided if the buyer contacts the store after the cash register is closed, since all operations are considered completed, and the return process requires the provision of supporting documents.

I don’t have my passport with me, what should I do?

In case of returning the goods, you were asked to show your passport, but for some reason it was not there? As far as we know, you can present any other identification document, preferably with a photograph, as stated in Federal Law of the Russian Federation No. 67 of the last year. The passport can be replaced with other documents containing the person’s first and last name: military ID, international passport, residence permit, driver’s license. Based on the above, we conclude: from the legal side, the legislation does not oblige the buyer to present his passport data to the store, on the other hand, this is a necessary condition for processing a return at the checkout.

Regulatory framework governing consumer rights:

Law of Russia “On the Protection of Consumer Rights” 2300-1.
Government Decree “On approval of the list of technically complex products.”
Civil Code Part 2.
Decree of the Bank of Russia 3210-U.
“List of non-food products that cannot be returned” signed by Decree of the Government of the Federation No. 55.
Tax code.
Federal Law “On the Fundamentals of State Regulation of Trade Activities”.

It is not news that the seller asks to present an identification document not because he does not want to return your money. This is a necessary and mandatory condition for maintaining cash discipline, which will subsequently be checked by regulatory authorities. Consider the cashier’s working conditions and put yourself in his position. Don't create a problem where it can be avoided.

Categories of goods that cannot be exchanged or returned under any circumstances

You need to know that there is a separate category of goods of good quality that are not subject to exchange or return.

The list of such goods was approved thanks to Decree of the Government of the Russian Federation dated January 19, 1998 No. 55.

This list includes the following product groups:

Items for personal hygiene, for example, toothbrushes, combs, curlers, hairpins, lenses, nail scissors, etc.
Various medicines and medical devices.
Products for the care of small children, for example, feeding bottles, pacifiers, diapers.
Underwear and bed linen.
Various hosiery products.
Cosmetics and perfumes.
Any types of fabrics, ribbons, braid, lace, which are sold by the meter.
Cables, wires, cords.
Finishing materials, as well as building materials, which are sold by the meter. For example, carpet and linoleum.
Disposable tableware and tableware made of polymer materials, for example, containers for storing and transporting food.
Household chemical products.
Agrochemicals and pesticides.
Furniture for home use. If suddenly the store allows you to return such a piece of furniture, then keep in mind that this is only his good will. As well as the desire to please the buyer and win in a competitive business.
Jewelry with precious stones or precious metals.
Motorcycle and bicycle products, as well as cars and trailers for them.
Mobile small mechanization equipment intended for agricultural work.
Boats for pleasure trips and other floating means for everyday use.
Civilian weapons and main parts for them, including cartridges.
Printed products of a non-periodic nature, for example, brochures, books, calendars.
Plants and animals.
Household goods recognized as technically complex, with warranty periods established for them. For example, cameras, telephones, radio electronics, etc.

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Deadline for refund

A request for a refund is most often made in cases where a person purchased a product that does not meet the requirements of quality standards. The legislation determines the period for settlement with the buyer in such cases. It is ten actual days. This period is calculated from the date of presentation of the claim. Funds are transferred to the person in the same way as they were deposited. For example, if the payment was made by card, the previously paid amount will be credited to it. In the case of cash, the funds are handed over to the buyer at the seller's cash desk.

Is it possible to return goods without a passport and how can this be done?

At the moment, there is not a single current law that clearly regulates the list of documents that have the status of an identity document. And yet, legal acts that describe documents that replace a passport exist.

Based on Federal Law No. 67 of June 12, 2002 “On Basic Guarantees of Electoral Rights,” the passport of a citizen of the Russian Federation can be replaced by:

resident card;
international passport;
military ID;
temporary identity card;
certificate of release for convicted persons.

The Law “On the procedure for leaving the Russian Federation and entering the Russian Federation” states that the following documents can also be documents replacing a general passport:

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service passport;
seaman's passport;
diplomatic passport.

Accordingly, any of these documents can be provided when returning goods instead of a passport.

Expert opinion

Makarov Igor Tarasovich

Legal consultant with 8 years of experience. Specialization: criminal law. Extensive experience in document examination.

Probably every person has encountered a situation where it was necessary to return a purchase. But at the same time, the question arose whether a passport was needed when returning goods and whether the seller had the right to demand it from the buyer.

After all, a purchase is a transaction where two parties are involved. Therefore, this situation must be considered from both sides: the buyer and the seller.

There are legal norms that protect the rights of both sides. Let's look at them.

Return procedure

Product returns are carried out in several stages. First, the buyer must determine for himself the reasons for this decision. This approach is due to the fact that the presence or absence of defects affects the timing and order. If there are any shortcomings, it is best to conduct an independent examination and get a specialist’s opinion. In the case of a high-quality product, you need to make sure that its presentation is preserved and that the labels, seals and tags are not broken. It is also necessary to remember the return deadlines in both cases.

After this, you need to collect all available documents that relate to the purchase and sale - warranty card, agreement, payment receipt. Then the initiator must fill out an application. All collected documents along with the application must be sent to the seller.

To do this, you can use the following methods:

Personal delivery. This option involves the independent transfer of documents and goods. In this case, the person independently comes to the seller. This allows you to negotiate and resolve the problem as quickly as possible.
Postal forwarding. This method saves the buyer from coming in person. But in this case, it will be impossible to negotiate immediately or eliminate possible inaccuracies and errors. It is also necessary to ensure the safety of the goods during transportation. To do this, you will need to purchase special packaging. Any violation of the product may be grounds for refusal to satisfy the requirements.
Transfer through a proxy. In this case, the legal representative delivers the goods and documents to the seller. At the same time, he is obliged to provide not only a power of attorney confirming his authority, but also his passport.
Express delivery. It is similar to postal delivery. You will need to purchase secure packaging. The courier does not have a passport or power of attorney with him, since he only provides delivery services.

The buyer has the right to choose any of the options at his own discretion, based on the characteristics of the situation and capabilities.

The legislative framework

Each case is unique and individual.
A thorough study of the issue does not always guarantee a positive outcome. It depends on many factors.

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According to the legislation of the Russian Federation, the buyer does not need to present an identity card to return a product to a store. However, in a specific situation, difficulties may arise, so it is better to have the document with you.

The client has 14 days to make a decision, excluding the day of purchase of the item. During this period, he can contact the seller and receive money for the returned goods. The latter must be in good working order and show no signs of use. It is also advisable to save the packaging material, even if it has been damaged.

To carry out the procedure, a check or other document (for example, a bill of lading, if it was issued) that confirms the purchase will be sufficient. The cash register must be open at the time of application.

The store has the right to refuse an individual who asks for a refund without identification. This is due to the accounting and tax reporting of the organization - information about the client must be indicated in the documents recording the fact of the return.

Judicial practice confirms that during proceedings, the law usually takes the side of store employees who refuse to give money back without identifying the client.

If there is no receipt

A sales receipt may be missing either due to loss or if the sale was made without a cash register.

The second case is illegal, and, as a rule, issues related to transactions of this kind are resolved orally without the involvement of lawyers.

If the check is simply lost, it can be restored using a cash register. But at the same time, the buyer has the obligation to prove that the product was purchased from the organization he is applying to.

Original or copy?

It is legally stipulated that a photocopy of a passport that is not notarized is not proof of identity.

But based on the above, it will most likely be enough for the seller to include your passport data in the return certificate. Thus, in most cases, you can also provide a copy of your passport.

But this may not always work, so be prepared for the fact that the original will still be required. The seller has the right to do this.

Rights of Russian consumers

reimbursement of purchase costs in full (except for transportation costs);
refund of part of the money (reduced cost adjusted for the fact that the product is defective);
exchanging a product with inadequate properties for a similar, but serviceable one

An important condition that allows you to apply the rules of law regarding the return of a purchase is the presence of a receipt and the goods on which the security seals are preserved. An exchange of a low-quality purchase for a product of good quality, just like a refund, can only be carried out if the product is returned fully assembled.

You should be aware that goods purchased as part of the promotion (if the seller has not stated that they are defective or that the technical characteristics differ from the standard) can also be returned to the store within the time limits established by law (that is, within within fourteen calendar days from the date of purchase).

Drawing up an application

An application for the return of goods is a mandatory document that must be submitted to the seller.

You can fill out an appeal of this nature using regular office paper. This can be done manually or using technical printing tools. The main condition in this case is the presence of the consumer’s signature. In its absence, the request will be considered anonymous and may be rejected by the implementer. The text must reflect all information that is relevant to the essence of the problem that has arisen, and you must also indicate the required details. The completed appeal must be transferred to the implementer.

Form and content

An application for the return of goods must be made in writing. The text of the document must reflect the following:

Information about the distributor - full name, location address.
Information about the buyer - last name, first name, patronymic, place of residence, contact phone number.
Circumstances of the transaction - date of conclusion of the contract, subject matter, cost, deadlines for fulfillment of obligations by the parties, payment procedure.
When and how the funds were paid.
The reason for the return is defective, wrong color, size, style, completeness.
The buyer's demands are a return of money, replacement of the product, repair of the product at the expense of the seller, reduction in cost, payment of a fine or penalty.
List of documentation attached to the application.
Date of application and signature of the initiator.

Both original documents and certified copies can be attached to the application. The text must not use profanity, as well as words and phrases that offend human dignity.