Bed scene: all about returning bed linen to the store

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From the point of view of legislation, consumer goods are divided into two groups - those that are subject to return, and those that cannot be returned to the store under any circumstances. Sometimes citizens have to make purchases that they later regret. And the law “on the protection of consumer rights” comes to the rescue, allowing you to return some goods, even if they are of good quality. Of course, there are a few exceptions to this rule. Does this include underwear?

Bed linen return law

The law prohibits the return of underwear, classifying it as goods that cannot be exchanged or returned. After all, in essence, this is a personal use product, so this requirement is fair. But the concept of “sewing linen products” means underwear, and not bedding items.

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Attention

If the underwear turns out to be defective or for some reason does not suit you, you have the right to return it to the seller. Such provisions are described within the framework of the state standard. More precisely, bed linen is not described in its rules as a product that cannot be returned.

Due to the fact that the law is rather ambiguous, most people, citing materials about the impossibility of returning a bed, do not risk going to the store, even if the product is of poor quality. On the other side of the fence are ignorant sellers who are not aware of the laws surrounding product returns. Therefore, you have to turn to legally savvy specialists. The success of the outcome of each case depends on the individual level of the lawyer, but most often the buyer wins in this case.

The Law “On Protection of Consumer Rights” contains the following provisions regarding the return of goods.

• Article 7 paragraph 1 indicates the consumer’s right to product safety. This means that if dangerous factors were discovered (allergic reactions, rashes, other phenomena), the bed linen must be returned.
• Article 17 (clauses 1, 2) is relevant when it comes to court, although in practice this phenomenon is rare.
• Article 18, first paragraph. This rule allows the consumer to return the product if any defects are found in it. As compensation, the seller may offer a refund of the purchase amount, a price reduction commensurate with the defect, or an exchange for a similar or different product item.
• Art. — contain information on procedures for eliminating defects and compensating for damage when returning goods.
• Article 25. It states that the buyer has the right to return bedding of good quality back within 14 days, not including the day of purchase.

What to do if they refuse

A complaint is written addressed to the management of the outlet. A reaction is expected within 10 days (plus the day of treatment). If the buyer's demands are not satisfied or no response is received, a statement of claim is filed in court.

You shouldn’t come to the store and threaten with a complaint that has already been written. The seller often agrees to a peaceful resolution of the conflict. You just need to explain the current situation and ask politely. Mentioning legal norms in a conversation will speed up the resolution of the issue.

According to judicial practice, buyers win the case in most cases. First, evaluate the feasibility of filing a claim. Demanding a quality examination that costs more than a set of bed linen is stupid. But the sale of goods of inadequate quality cannot be left without consequences. At a minimum, you need to complain to Rospotrebnadzor.

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Is bed linen of good quality subject to exchange?

The law states that a product that is not included in the list of those that cannot be returned can be returned to the seller even if it does not have any defects (defects). There are several reasons why this rule is valid; they are spelled out in Article 25 of the relevant legislation. So, bed linen can be sent to the store if it does not fit:

• size indicator;
• style and design;
• general equipment;
• color scheme.

Additional information
If we are talking about any other reasons, then they cannot act as grounds for returning the linen.

When is a refusal legal?

A refund claim will be invalid if:

• the period established by law for filing claims has expired;
• the linen has signs of use, such as stains;
• the presentation is lost;
• kit elements are missing;
• there is no evidence of purchasing the goods in this store;
• The cause of defects is improper operation.

In the latter case, the parties can conduct an independent examination to resolve the dispute about who is to blame for the damage to the goods (Clause 2, Part 5, Article 18 of the Law of Proclamation). It is carried out at the expense of the seller, but if the inspection shows that the defect arose due to improper operation, the cost of the procedure will have to be compensated. If you do not agree with the results, you can challenge them in court.

You can also order an examination yourself at your own expense; if it is proven that the defect did not arise because of you, the store will compensate the costs. In each case, the other party has the right to be present during the inspection, therefore notification of the place and time of its conduct is mandatory.

Return Policy

Despite the buyer's freedom of action, there are several strict conditions that must be met in order for the product to be returned and the money for bed linen to be compensated.

1. The buyer should contact the retail outlet where the unsuccessful purchase was made within 2 weeks (14 days) from the date of purchase. If more time passes, the seller will not listen to any request from the buyer.
2. Linen must be new and unused. If it has been used at least once, and this fact has clear evidence (bruises, incorrect folding method, etc.), return will be clearly refused.
3. The preservation of the presentation of the linen is important. This applies not only to the bed itself, but also to the packaging, which must be complete. The manufacturer's label must be retained on the product.
4. Availability of a receipt or invoice. This is a key requirement that is mandatory when purchasing a product.
5. If suddenly there is no documentation on hand that indicates the purchase of bed linen in this store, the buyer always has the right to obtain witnesses and use their testimony during the proceedings. The seller may keep a copy of the sales receipt; he can easily find it if he knows the exact date of sale.
6. If a product item was purchased during a sale and has a special bonus or promotion price, it is in no case subject to return or exchange manipulation.
7. You cannot return parts of bedding sets that do not fit. If the item was purchased as a set, it must be returned in that form and not in parts.

During the return process, the buyer is required to file a corresponding claim in the store, which implies a reference to the current legislation on the protection of consumer rights, Art. 25. The application form can be drawn up in any form, and it must clearly and consistently describe the reason for returning the bed linen. It is important to indicate the consumer’s personal data, including materials from the passport. You also need to describe:

• date of purchase;
• full purchase price;
• the manner in which it was paid;
• address and telephone.

Please note:
The documentation must be present in two copies, one of which remains with the client, the other is sent to the seller. Next, the person who sold the bed must carry out an external inspection of it in the presence of the buyer. No examination is carried out for this group of commodity items. If any defects are found to be caused by the buyer, the return will be refused. If the defects are due to defects, the seller will accept the goods. If the reason for the return is that you are not satisfied with the parameters of the product item, the bed linen must retain its commercial appearance.

There are several options that can be used during the linen return process:

• exchange of commodity items for similar samples;
• refund of funds if exchange actions are impossible;
• replacement with a similar product later.

Legal grounds for refusal

Federal Law No. 2300-1 provides for the seller the possibility of refusing to return purchased linen or exchanging it for another product item.

It is permissible to refuse to satisfy a client’s demands in the following situations :

• The return of the purchase occurs after the deadline established by law (see above).
• A product of good quality has traces of use , has lost its presentation, the packaging and tags have not been preserved.
• The client does not have proof of purchase.
• During the examination, it turns out that the product was damaged due to the fault of the consumer .

Is it possible to return bed linen of inadequate (defective) quality?

In practice, there is another scenario for the development of events in relation to purchased linen. It may show defects during unpacking and operation. Common disadvantages include the following:

• the fabric “paints”;
• elements of linen are stretched;
• the material is “useful”;
• uneven coloring.

Additional information
In these situations, if the defect is clearly the work of the manufacturer, the bed linen can be returned without any problems. This is evidenced by the 18th Art. legislation. The actions are the same as in the first case, but the reason is different. If defects were discovered during use, the seller should file a claim, and he is obliged to either return the money or replace it with an equivalent item.

Bed return within 14 days

The law allows any consumer to return an unsuitable product within two weeks from the date of purchase. To do this, you need to follow a certain algorithm of actions.

1. Writing a statement indicating the reasons for the decision to return the bed linen with an appeal to the manufacturer or to the intermediary who sold the product. This document is drawn up in the store where the bed was purchased.

2. Do not forget to attach a check document and identification card to your application paper. In the application, it is also important to indicate the circumstances of the purchase, the address of the retail facility, and the date of the unsuccessful transaction.
3. You need to obtain a certificate stating that the linen is of unsuitable quality. It is also important to photocopy the completed application and give a copy of it to the cashier for signature.
4. Next, the seller or cashier fills out the specialized Torg-13 form. If a specialist has little experience in this field, he often does not know how to perform such operations on his own, so he can attract a senior cashier.

5. The employee of the retail facility will also need to draw up a statement of return of funds. This is done using a special form KM-3. And the money paid is subject to mandatory recording in the transaction log.

6. Refunds are made depending on the time the application is submitted. If it is written on the day the purchase was made, the funds must be returned the next day. Payment of funds is carried out from the cash desk into which the funds from the transaction were deposited.

This is what the classic algorithm for returning bed linen looks like within 14 days from the date of purchase.

Return of bed linen purchased on credit

It is unlikely that a person will take out cheap underwear worth up to 1000 rubles on credit. Most likely, it is advisable to talk about a loan if the price of the bed is several thousand rubles, and the product itself belongs to the highest category. If the product is found to be defective, it can definitely be returned. In this case, the loan payments are recalculated, and its cost is compensated to the buyer. You can also count on a replacement or refund if the product is of good quality. But there are several nuances that should be taken into account regarding the lending agreement. They are stipulated in Articles 488 and 819. Civil Code of the Russian Federation.

Algorithm of consumer actions

If you want to return underwear of proper quality or a defective product, it is recommended to follow the following procedure.

1. Carefully read the terms of the loan agreement, which should contain general provisions on the return and exchange of goods.
2. Submit a corresponding claim to the seller. This document must reflect the applicant's clear request for refusal to fulfill contractual obligations. Provide your bank account details. It is best to use 2 document samples.
3. Form, together with a representative of the second party, an act related to the return of the case, and then receive money or other goods of proper quality.
4. Apply to the bank and create an application to terminate or change the terms of the loan agreement. You can either terminate the contract early or make changes to it. Prove that you returned the goods to the seller and returned the money, and then repay all debts (in fact, early repayment of the loan occurs).

What to do if you change your mind about taking out a loan for linen

Currently, companies that manufacture and distribute bed linen are holding special presentations. Since its cost is often high, which is motivated by high-quality raw materials, people, under the influence of marketing and the convincing speech of speakers that lull their vigilance, decide to take out a bed on credit.

Attention

The scheme is simple: first the company hands over the bed, and an agreement is drawn up with the bank. A little later, the lender transfers funds to the store’s account, and then the client simply makes regular payments to the bank. Having returned from the presentation, with a set of underwear in his hands and a debt burden behind him, the person understands that he will not be able to pay the monthly installments, and he no longer likes the underwear. What to do in this situation? Is it possible to “press the cancel button”, and which articles of the law should I refer to?

In this situation, measures to return bed linen purchased on credit are possible. You need to act immediately - on the day of purchase or, in extreme cases, the next day, otherwise it may be too late and you will have to pay off the debt. The buyer's action algorithm looks like this.

1. Writing a statement to the bank stating that you want to terminate the loan agreement. As part of this document, it is necessary to require that the financial company does not transfer money to the seller and does not complete documentation related to the payment.
2. Article 807 of the Civil Code of Russia stipulates that the contract is considered concluded from the moment the money is transferred to the company’s account. If this does not happen, the agreement has not been officially concluded, therefore, there are no obligations on the part of the buyer yet.
3. If you are late in submitting your application before transferring funds to the store, you must request that the transfer be cancelled, informing you that the action was erroneous.
4. Next, all that remains is to file a claim against the seller of the bed on credit and note that you are withdrawing from the contract due to a violation of your rights and misrepresentation regarding the consumer properties of the product. In this case, it is necessary to make references to Articles 10 and 12. Law on Protection of Consumer Rights.

The seller refuses to accept bed linen

What to do in a situation where the seller flatly refused to return the money? If you receive this refusal from the seller, you will have to start drawing up a claim in writing. Usually this action motivates him to return the cost or make a replacement. If your measure does not work, you can contact the Society for the Protection of Consumer Rights by creating a complaint related to the violation of your rights. In addition, you can warn your opponent that you intend to fight for your rights and want to file a lawsuit, sometimes this helps, and the seller will meet you halfway, agreeing to your terms.

How to avoid the situation?

It is best, of course, not to encounter a situation where a set of bed linen has to be returned to the seller. To do this, it is important to follow simple rules:

1. Do not make purchases from an unreliable seller - at the market, in a tent by the road, etc.
2. Do not purchase a suspiciously cheap product or a product with a deep discount; moreover, discounted or on sale usually cannot be returned or exchanged.
3. Carefully examine the linen before purchasing; the seller should not refuse you to take measurements and examine the pattern, assessing the density of the fabric.
4. Plan your purchases, measure your blanket and pillow in advance so as not to make a mistake with the size , think about what colors will suit your interior.

So, if you know all the features of returning goods, it is quite possible to avoid troubles and defend your rights, but it is still better to be more careful when making purchases.

Read about the procedure for returning purchased concert tickets here.

how to choose high-quality bed linen from the video:

Return of bed linen: judicial practice

Judicial practice in this matter is associated mainly with cases where linen was purchased on credit as a result of a bright presentation. One company that practices such techniques is Wool House. There have been many cases involving litigation between its representatives and dissatisfied clients. Basically, based on the results of the decision, the plaintiffs’ claims are satisfied, provided that they:

• promptly contacted the bank to terminate the loan agreement;
• were able to explain the reasons for refusing to purchase;
• received a refusal.

IMPORTANT
If the consumer went to court too late and was unable to prove the fact that he was misled during the purchase of bed linen, and also refer to legal norms, there is a possibility of refusal.

Thus, bed linen falls into the category of returnable items. By following all legal norms, you can achieve justice and get your money back or get another similar product.

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