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The Law “On the Protection of Consumer Rights” states that buyers have the right to return unsuitable or defective goods to the store where the product was purchased. However, there are some goods that cannot be returned or exchanged. Whether fabric belongs to such products, and what to do if for some reason it needs to be returned, we will consider in this article.
What about fabric?
All types of goods are divided into food and non-food. In turn, each of these categories is divided into certain groups and subgroups. This classification allows you to optimize marketing activities, improve the process of organizing goods supply and rationalize the placement of products in sales areas and warehouses.
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Attention
Fabric belongs to the category of textile goods. This group includes garments, woven and non-woven materials, carpets, knitwear.
Normative base
Resolution No. 55 of the Russian Federation of 1998 (clause 4) states that textile products (which include fabric) cannot be returned or exchanged.
For your information
However, it must be borne in mind that only those fabrics that were of proper quality at the time of purchase cannot be returned. If any defects or defects are detected, the client has every right to return the purchase to the seller (Resolution No. 55 of 1998, paragraph 26).
Reasons for returning fabric may include:
- Holes.
- Puffs.
- Unpainted areas.
- Streaks or dirty spots.
- Significant shrinkage of the material after washing (and the buyer was not warned about this in advance at the time of purchase).
- Presence of other defects.
Additional information
In addition, a significant loss of the original appearance of the product may be a reason for return. For example, if after washing the material has faded a lot and has lost its aesthetic appearance.
If one or more of the above defects is identified, the client has the right to demand:
- Replacement of a defective purchase with the same one, but without defects.
- Replacing the purchased material with some other one. If the cost of the new material is different, the seller must recalculate and, if necessary, return the difference to the buyer.
- Reduced purchase price due to identified defects (the seller is obliged to return part of the money to the buyer).
- Elimination of the defect at the expense of the store.
- Refund of the full purchase price.
The last option, as a rule, is resorted to when all previous requirements for some reason could not be satisfied.
The buyer has the right to choose any of the scenarios at his own discretion (Resolution No. 55, paragraph 27).
If a person bought a roll of fabric and paid for delivery, the store is obliged to reimburse its cost (clause 22 of the General Regulations of Resolution No. 55).
If the required fabric is not available
If the store does not have the type of material needed to replace it, lawyers recommend turning to the law on consumer protection. Article 25 states that the absence of goods that the client would like to receive in exchange is grounds for termination of the sales contract.
Attention
In this case, the seller must refund the price paid for the fabric. He must do this no later than three days from the moment the person made a request for an exchange. If desired, both parties can agree - as soon as the supplier delivers the required products, the seller will notify his client about this.
If the fabric was purchased through an online store
The main condition for rejecting both a defective and a completely high-quality fabric product purchased through an online store is its impeccable condition and no signs of wear.
IMPORTANT
Unlike a regular store, an online store does not have a statutory list of products subject to return or exchange. Therefore, customers have the right to demand the return of any purchased product, even underwear, tights or fabric. This difference in legislative rules is explained by the fact that online store buyers cannot physically see the products at the time of purchase.
You can return purchases purchased online without giving any reason. However, for this it is necessary to comply with the period established by law, which is 7 days (Article 26, paragraph 4 of the Law on the Protection of Consumer Rights). If the online store does not notify the buyer about the return period, the consumer has the right to return the fabric within 90 days from the date of receipt of the parcel.
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.
Terms for returning fabric
The buyer must return the defective material to the store within the following time frame:
- If defects are detected, the presence of which the seller did not warn the person at the time of sale - within 14 days from the date of purchase (Article 25 of the Legal Regulations).
- If a product sold by the store has a warranty period for return, the customer must return the material within this period.
- If the store has not established a warranty period, then you can bring the purchase back even after 2 years from the date of purchase.
When a defect was discovered later than the 14th day after purchase, but the warranty period established by the trade organization has not yet expired, the buyer can contact the seller with a claim, which must contain a description of all detected defects.
Attention
When returning products within 14 days, the day of purchase is not taken into account.
If the buyer discovers a defect later than 14 days after purchasing the fabric for which the store did not establish a warranty period, then you can contact the manufacturer’s representative office. To find out his address, ask the seller for accompanying documents for the goods. If the manufacturer's warranty period has not yet expired, the buyer can count on a refund or replacement of the purchased material. However, for this it is necessary that the examination appointed by the manufacturer actually confirms the presence of a manufacturing defect.
Such an examination can also be carried out by an independent specialist - in this case, you can contact the manufacturer with ready-made results.
When filing a claim, the buyer must be 100% sure that he is right. If an examination carried out by the store reveals that the material was damaged due to the fault of the client himself, then the latter will have to reimburse the money spent by the seller (Resolution No. 55, paragraph 30).
How to return
In order to return a low-quality personal hygiene item to the seller, it is necessary to preserve its presentation, the packaging must be intact, and there must be no traces of use. When visiting a store, you should have a receipt or sales receipt with you confirming the fact of purchase in this particular store. If they are absent, you can use the testimony of people who were with you at the time of purchase. Perhaps the sales floor consultant remembered you. Don't forget to take your identification document.
Products of inadequate quality may be returned during the entire warranty period or expiration date. This period is set by the manufacturer or store itself. If it is not established, then as a general rule it is two years.
When contacting the store, the buyer has the right to demand:
- reducing the purchase price of a defective item;
- return of funds;
- replacement with a similar or different product, but with recalculation of the cost.
When contacting the seller verbally, you may be asked to fill out a special return application. For this you need to have a passport with you. Describe in detail the defects found in it. State your legal requirements.
The response period for an appeal is 10 calendar days.
When can a piece of fabric not be returned?
The law supports not only consumers, but also sellers. The latter are obliged to respect the rights of the client if the goods were damaged through no fault of his. The correctness of one or the other side is established through examination.
For your information
To protect his rights, the seller must, during the sale of the goods, inform the client about the presence of defects that could become a reason for returning the fabric (clause 16 of Decree No. 55 of 1998, clause 11 of the General Regulations of Decree No. 55 of 1998).
Proof that the buyer of the fabric was informed in advance about the features of the product can be a corresponding entry in the receipt or documents attached to the product.
Step-by-step return instructions
To return the material, you will need to present it to the seller along with the following documents:
- Passport.
- Check.
- Application-claim.
Making a claim
A request for the return of fabric can be written in free form. However, it is important that this document contains:
- Details of the store and the applicant.
- Title of appeal (claim).
- Description of the product, its parameters, indication of the reason for failure with a detailed description of the shortcomings, as well as a link to the relevant law.
- Request for exchange or refund of money (indicating the deadline for eliminating negative consequences and responding to the claim).
- List of documents attached to the application - checks, receipts, warranty cards, photographs, etc.
The very bottom line of the completed application must contain the date and personal signature of the applicant.
Fabric return claims can be made here.
If you bought the rest of the fabric
There are times when a buyer who has purchased the remainder of a roll of fabric needs to return it to the store. In such a situation, everything depends on the integrity of the seller - since the material was not cut off during the sale, he can satisfy the client’s request by returning the money or exchanging the product.
IMPORTANT
However, the seller has every right to refuse such a client. After all, as noted above, textile products that are sold by the meter (and this includes fabrics) cannot be returned or exchanged.
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.
Actions in case of seller refusal
After receiving a complaint, the store is obliged to conduct an examination of the returned goods. If he refuses to do this, then the examination is carried out by the client himself at his own expense (clause 28 of Resolution No. 55 of 1998). And, if the examination establishes that the material was damaged through no fault of the buyer, then the seller will have to return the money paid for it.
For your information
If the seller does not agree with the requirements presented, he must draw up a response, while adhering to the deadline specified in the application. If the requirements are ignored, the applicant has a reason to go to court and collect additional costs. The consumer can also file a corresponding complaint with Rospotrebnadzor or the prosecutor’s office.
How can I return defective products?
The return of cutlery and crockery is guaranteed during the entire warranty period. If these obligations are not defined for the product or their period has expired, then the return procedure remains in force for two years from the date of purchase.
In this case, the client can count on the following:
- not only the amount of payment will be returned, but all costs incurred due to the client purchasing low-quality dishes will be reimbursed;
- when purchasing goods on credit, the consumer is returned the spent financial resources (those that he paid on the day of the claims), and the payment for the possibility of lending is also compensated;
- If the price of a product increases at the time of visiting the store, the buyer is allowed to demand compensation for the difference in cost.
Before going to the shopping center, the applicant must have with him to carry out the return procedure:
- ID card or passport of a citizen of the country;
- product warranty certificate;
- a sales tax receipt for the purchased utensils, confirming the authenticity of payment for the goods by the applicant. In its absence, you can turn to witnesses for help, if such people were actually near the consumer at the time of the transaction.
Actions of the buyer when the seller does not want to return money for substandard dishes
Product quality examination: even when the seller does not want to give money for a low-quality product, he must accept it and send it to an expert laboratory. In this case, the defendant is obliged to inform the buyer about the place and time of the inspection.
The client has the right to be present at the examination. The procedure is financed from the funds of the trading organization. If the inspection found the buyer to be the culprit, then if he disagrees with its conclusions, he can conduct a second inspection, but at his own expense.
When experts determine that the product is damaged through no fault of the consumer, the seller must bear all costs. He is obliged to return the money to the buyer within 10 days from the date of publication of the examination findings. Another option, when the client’s fault is established, provides for reimbursement of all expenses to the seller, including for storing the goods and performing an inspection.
If the merchant refuses to fulfill the legal requirements of the buyer, the latter has the right to draw up a letter of claim.
It indicates the time of purchase, the name of the product, and its cost. The reason for the return and the requirements for the selling party are described in free form. The letter is drawn up in two copies. Further opposition from the merchant may force the consumer to turn to the judicial authorities.
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Nuances
Sometimes disputes arise between the store and the buyer regarding the amount of the refund. Such disagreements may arise when the cost of the fabric changes by the time the person brings it to the seller.
Additional Information
When the value of the fabric at the time of settlement is higher, the buyer must be given an amount taking into account the increased price. If the material has become cheaper, then the person will receive in his hands the amount that he paid upon purchase (Article 24 of the Law “On the Protection of Consumer Rights”)
Often financial disputes between a client and a store arise when purchasing fabric on credit. In such situations, the store is obliged to reimburse the buyer not only the cost of the fabric, but also interest and other expenses incurred when obtaining a loan.
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