Sample claim for return of shoes of inadequate quality

Home / Claims / Making a claim for the return of shoes - what should I include?

Shoes, like any other product, the buyer has the right to return to the seller if its quality does not meet established standards and declared characteristics. To do this, you need to contact the store with a request to replace the product. If the seller refuses to return the funds, the buyer can write a written complaint. How to do it?

Conditions for returning shoes

Thus, the return of shoes and any other non-consumer goods can be carried out if:

the product has not been used;
preserved the appropriate appearance for further implementation;
target functions are not impaired;
manufacturer's seals and markings are preserved;
there is a receipt or other document confirming the purchase in this particular store, or testimony of witnesses.

The consumer must contact the seller for a replacement or refund for the purchased shoes within a period not exceeding 14 days from the date of purchase. However, this is a general period. In addition, shoes must be returned due to damage and non-compliance with the declared quality during the warranty period provided by the manufacturer or seller.

It should be borne in mind that the warranty period for shoes provided by the manufacturer is not counted from the moment of purchase, but from the onset of a particular climatic season for which the shoes are intended.

The seller has no right to establish other conditions for the return of boots or shoes. In addition, even if all return conditions are not met, the buyer has the right to file a claim for low-quality shoes directly with the administration of the relevant store or boutique.

How to write a request to a store?

What to do if you purchased shoes that do not meet the declared quality? The first step of the buyer is to contact the store with a request to solve the problems that have arisen. Often, one contact without filing a written complaint is enough for the seller to return a low-quality product.

But requests for replacement or return of goods are not always resolved easily. If the store refuses to satisfy your request, then you, as a consumer, have the right to write a written complaint to the outlet. We will now tell you how to do this.

Sample complaint about inadequate quality

Making a claim for the return of a defective product is quite simple: the application to the seller can be written or printed, using any available sample. The application must indicate :

Name and details of the place of purchase.
Buyer's contact information: his full name, place of residence and telephone number.
Information about the date of purchase and its amount.
The essence of the complaint.
Applicant's requirements.

General information about the rules for filing a claim for a defective product is described in a special material. Recommended reading.

The condition of low-quality shoes should be described in detail: the type of defect or defect, under what conditions it appeared. Be sure to indicate the condition of the product and how long it has been used since purchase. The statement must provide references to the legality of the buyer’s demands for replacement of shoes or return of previously paid funds.

According to Article 18 of the Law “On Protection of Consumer Rights”, the client has the right to terminate the transaction and return low-quality shoes within ten days from the moment the defect is discovered.

By the way, the buyer has the right to exchange the product for another, regardless of its quality, within two weeks from the date of purchase. This rule is established by Article 502 of the Civil Code of the Russian Federation.

Required documents

The buyer should be aware that the right to a refund of funds paid is not always possible. In accordance with legal norms, if a customer’s complaint is related to the fact that the shoes did not suit him in size, color or for another reason not related to the quality of the product, the store can only exchange the product for another that suits the buyer’s request.

You, as a buyer, can get your money back if the version of the product you need is out of stock or the written complaint was related to the quality of the product.

What do you need to prepare when applying for a return at a store? The buyer is obliged to provide the seller :

The product itself is of low quality and shows no signs of long-term wear.
Its packaging, box and other papers that were given to the buyer along with the purchase.
A cash or sales receipt confirming the conclusion of a purchase and sale agreement.

Low-quality shoes can be returned to the store without packaging, since this category of products is not included in the list of technically complex goods. The proof of purchase will be the receipt. However, in some situations, you can do without it.

In what cases can shoes be returned?

Reasons for return may be the following cases:

Shoes may not fit in size or other parameters, while being of high quality. Quality in this case has no role. The main thing is that the shoes are not used.
Detection of factory defects. Such shortcomings may include holes, unpainted areas, incorrectly sewn seams, different colors and lengths of laces, and much more, depending on the type of shoe.
If the product deteriorates during the warranty period. This is the most sensitive and disputed case by sellers. But still, providing a warranty period implies the return and replacement of shoes if they are damaged.

The first two situations are extremely clear and do not raise additional questions for sellers during the return process. But the third one in more than 40% of cases disappoints consumers on the part of sellers. Of course, the problem can be solved by filing a statement with the court or Rospotrebnadzor, but most prefer to avoid such difficulties.

In the first two cases, the law provides for unconditional return by the person who sold the goods, provided that the person who purchased the goods complies with the return conditions. The result of a return can be either a replacement of shoes with a different model or a refund.

Review period

A consumer who has purchased shoes of inadequate quality should be aware that the legislation of the Russian Federation establishes a period during which the store is obliged to consider his request for a replacement of the purchased product or a full refund.

Each claim from the client must be considered by the seller within 10 working days . During this period, the head of the trading enterprise is obliged to provide the applicant with a written response to his request for a return and fulfill the legal requirements. If there is no response within the allotted time, the consumer has the right to file a complaint with other regulatory authorities.

The product may be sent for repair under warranty at the initiative of the buyer or seller. The period for assessing the product and repairing it should not exceed 45 days from the date of acceptance of the consumer’s complaint.

A consumer who is unable to personally contact the seller with a complaint can submit a return claim by mail. You can also send an appeal in the same way if the store refuses to accept an application from the consumer. The time frame for consideration of a claim sent by mail is 10 business days from the date the seller receives the letter.

Read more about the deadlines for reviewing claims under the PPP law here.

How to return shoes to the store - step-by-step instructions

What actions need to be taken to return shoes? Just follow the following instructions:

You need to go to the store and ask about the possibility of a return. If there are sufficient reasons, sellers themselves return the money or offer to replace it with another model.
If the seller refuses, then a written claim must be submitted. A sample claim for returning shoes may even be available in the store. You can often obtain the corresponding form there. It is advisable to keep a copy of the document for yourself.
Even if after a return claim the seller refuses to return the money, an independent examination must be carried out.
For the second time, we attach a report on the examination performed to the claim and add a requirement for compensation for the cost of the examination.

How to properly file a complaint

A complaint about a poor-quality pair of shoes can only be submitted in writing. The claim does not have a uniform format, therefore it is drawn up in free form, taking into account the requirements of an official business style.

What should be contained in the document

Despite the fact that the document is drawn up in free form, it must contain the following points:

Full name of the seller and address of the store (or manufacturer).
The exact circumstances of the purchase: date, time, place and description of the product.
Links to regulations that support the consumer’s position.
Clearly formulated requirements with an indication of the date for their implementation.
Contacts for contacting the applicant, and, if necessary, details for transferring funds.

Sample

The document is drawn up according to the following template:

the header of the document, including the name of the organization to which the claim is being submitted;
just below - information about the applicant: full name, residential address and contact telephone number;
in the center - the title of the document “Claim for return of shoes of inadequate quality”;
a detailed description of the situation in the main part, indicating all the circumstances and information about the purchased product and any identified defects;
demand for monetary compensation with reference to Article 18 of the Consumer Protection Law;
deadline for satisfying requirements with reference to Article 22 of the said normative act;
informing that if the demands are refused or the claim is ignored, the applicant intends to go to court to resolve the issue;
list of appendices to the document;
date of preparation and signature of the applicant.

What documents need to be attached?

The following must be attached to the claim:

Poor quality product that must be returned.
A receipt or other document confirming the purchase.
Conclusion of an independent expert, if the buyer contacted this specialist to confirm the identified defect.

To return a defective product, you do not need to keep its packaging or the papers sent along with it. This requirement only applies to the return of goods of good quality.

If the shoes were purchased at the market

When shoes were purchased at a market or other place where sellers operate without a personal license, you must contact the market administration. However, this does not guarantee a return, since sellers on the market do not operate regularly and can terminate it at any time at their own request or due to other circumstances.

Usually, even on the market, conscientious and regular sellers make returns without unnecessary claims, since there is no need for unnecessary attention from government agencies to them.

But still, if the seller refuses, the best solution would be to contact the consumer protection authorities.

When can I return shoes to the seller?

The rights of the buyer are protected by the Law of the Russian Federation of 02/07/1992 No. 2300-1 “On the Protection of Consumer Rights” (hereinafter referred to as the Law).

After purchasing shoes, the buyer can return them to the seller in two cases:

the shoes did not match the model, size, or color;
a product defect has been detected.

What can a client get as a result of contacting him?:

exchange for a similar model;
exchange for another model, including with a price change in any direction;
reduction in the price of a defective product;
repairs at the expense of the seller;
refund.

Within 14 days

Based on Article 25 of the Law, shoes of good quality can be exchanged within 14 calendar days from the date of purchase. The calculation period begins to run from the day following the day of purchase.

Exchange is possible if:

the shoes were not used (not worn);
the original appearance has been preserved, including labels and packaging;
there is a document confirming payment, or there is testimony, or the fact of purchase is recorded by photo or video equipment.

The reason for the return is not particularly important in this case. Because The law establishes a wide range of circumstances that may cause a return :

size;
form;
dimensions;
style;
colors;
equipment.

The client does not need to prove the fact that the purchase did not suit him . It is important to know that an exchange is possible for a similar model, and if it is not available, then the money paid will be returned. Exchange is possible later, for example, when a similar model arrives at the warehouse.

If a decision is made to pay the money, the store must return it within three days.

Regarding purchases in the online store, the period for returning goods of good quality is 7 days from the date of receipt.

During the warranty period

If the two-week period has passed, the shoes can still be returned. But only if it is of poor quality, i.e. with marriage.

This can be done during the warranty period (Article 19 of the Law). In this case, you must have a warranty card on hand.

What shoe defects can there be?:

cracks, tears in the material;
uneven stitches;
sole defects, uneven lasts;
asymmetrical shoes;
other reasons that interfere with the normal wearing of shoes.

If the warranty period is not indicated on the coupon or on the packaging, then it is considered not established . The warranty period in this case is two years from the date of purchase.

The period begins to run from the day the purchase is handed over to the buyer. So, for example, when ordering shoes in an online store, the start date of the guarantee will be the day the goods are delivered to the customer.

It is important to know that shoes are divided into seasonal (winter, summer) and all-season (house shoes, sports shoes).

In the case of seasonal shoes, the warranty will begin on the day the corresponding season begins . The beginning of the seasons in each climatic zone is determined separately and established by the regulations of the constituent entity of the Russian Federation.

Replacement must be made within 7 days from the date of request. If additional verification of the goods (examination) is needed, then within 20 days (Article 21 of the Law).

At the end of the warranty period

If the warranty period is established and it has expired, then returning the shoes is still possible. Article 19 of the Law states that a claim can be made within two years from the date of purchase.

In this case, you must prove:

the marriage occurred before the shoes were purchased;
the marriage arose later for reasons that arose before the purchase.

In such a situation, you will most likely have to do an examination. Because Proving a factory defect is quite difficult for the average person.

Consequences for the seller

If the seller refuses to return the money for sneakers or sandals, or replace the low-quality model with a model of adequate quality, consumer rights protection authorities, at the request of the injured person, are obliged to conduct an investigation into the violation. This may have the following consequences for the seller:

if the quality characteristics of the shoes were exaggerated at the time of sale, then the state body will hold the seller administratively liable and impose a fine on him in the amount of: if this is an individual - from 500 to 1 thousand rubles, if a legal entity - from five to ten thousand rubles;
in addition to the return of funds, the person who sold the goods of inadequate quality must compensate for all losses caused to the buyer;
at trial, the court must recover from the store an amount equal to 50% of the amount awarded to the consumer.

In any case, in order to fully compensate for your losses, you must prove the fact that the shoes do not meet the declared quality or the unlawfulness of the refusal to return the money.

They don’t return money for a purchase: what to do?

Most often, after the store receives a complaint from the buyer, the client’s issue is resolved in his favor, and the seller fulfills his legal obligations. But what to do if the deadline for considering the complaint has passed and there has been no response?

If there is no response to the complaint or if the store’s decision does not satisfy the buyer’s requirements, the latter has the right to appeal to other government agencies. Most often, appeals are submitted to Rospotrebnadzor and the court.

The consumer can achieve fulfillment of obligations by the seller in court: to do this, it is necessary to prepare a statement of claim in which he describes the details of the purchase and the condition of the purchased shoes.

It is also worth knowing that the seller, in addition to the obligation to return or exchange a low-quality product, has the legal right to refuse to consider the buyer’s claim. You cannot return or exchange shoes if they :

Shows signs of prolonged wear;
Was damaged due to the buyer’s negligence or as a result of his intentional actions;
Has an expired warranty.

If one of the specified conditions is present, the seller has the right to refuse to accept the claim and return the money.

Let's learn how to file a claim for consumer protection by reading a special article prepared by the editors of our website.

In what cases are shoes not eligible for return?

In some cases, even poor-quality shoes cannot be returned or replaced, or repaired free of charge. These are the following cases:

The shoes are worn, are returned with defects and are obviously worn out of season.
There are damages or signs of deterioration that appeared as a result of mechanical impact on the shoes. Such damage can be burns, cuts, etc. Also, shoes with damage resulting from the actions of the buyer cannot be returned.
The shoes underwent repairs that caused defects before being returned to the store. However, repair actions that do not violate the integrity of shoes are not included in this series.
In cases where both the period specified in the Law “On the Protection of Consumer Rights” and the warranty period specified by the manufacturer or seller are missed.

What should the buyer expect?

Store employees cannot always control the quality of shoes that a consumer purchases, however, according to the law “On the Protection of Consumer Rights,” the seller bears full responsibility for the products sold. That is why it is the retail outlet that must satisfy the client’s claim.

As practice shows, most often sellers accept complaints and do not break the law : they exchange low-quality goods or return money for them. Sometimes it is enough to simply contact a store employee with a receipt, without filing a written complaint.

In a claim, the consumer has the right to demand from the seller not only a refund of the purchased shoes, but also compensation as a penalty. The store is also obliged to reimburse the costs incurred to assess the quality of the goods.

But if the seller refuses to satisfy the client’s complaint, then such a dispute will not be resolved peacefully. In this case, the court can protect the interests of the consumer. In this case, the store will be obliged not only to accept the goods, but also to pay a fine and penalties.

Brief summary

In general, the consumer is always right. But it is still necessary to provide a brief description of all possible events:

Absolutely any consumer has the right to return sold low-quality shoes and demand a replacement or refund of the money paid for them within two years from the date of purchase. However, the return conditions do not change over time;
If the shoes are covered by a manufacturer's or seller's warranty, then if the shoes are returned during the warranty period, the compliance of the shoes with the declared quality must be proven by the person who sold them. If this period has expired, then the burden of proof passes to the person who purchased the shoes;
If the examination was carried out by the seller, and the buyer does not agree with the results of the examination, then he can challenge this expert opinion in court;
It is recommended to negotiate with any seller in writing. When filing a written claim, it is best to make a copy and obtain a copy from the seller indicating the date the claim was served. This will save you from further proof of filing a claim in court or an authorized body.

The main thing in relationships with stores and market sellers is to maintain a conversation with an indication of the legislation and your right to contact government agencies.

Any entrepreneur understands perfectly well that unnecessary interference of government bodies in their affairs will entail considerable costs in the form of fines and other sanctions. For this reason, if a consumer feels threatened by a complaint or application to the court, an entrepreneur will most likely replace the product or return the money, which will provoke a conflict situation with government agencies.

Grounds for returning low-quality goods

A consumer who has received a product of quality that does not correspond to what was declared has the legal right to demand from the seller a return of previously paid money or replacement of shoes. It is also possible to exchange goods for another at a cost with compensation for the difference.

The following signs of poor quality may serve as grounds for returning shoes to the store :

Each piece in a pair is different;
The seams are uneven, with obvious signs of poor quality cutting or sewing;
There are defects in the sole, heel cap, and coating.

The customer also has the right to return the shoes if the material from which they are made differs from that stated by the seller or manufacturer. For example, if a consumer bought leather shoes, and they are actually made of man-made material.

It is best to buy shoes in specialized stores. But you shouldn’t trust the markets: the chances of receiving a low-quality product are high, but returning or exchanging it is low.

The buyer can freely exchange the goods within two weeks. But low-quality shoes can be returned during their warranty period :

Shoes made of leather – 50 days, shoes made of artificial leather – 80 days;
Sports shoes – 60 days, children’s shoes – 30 days;
Shoes – 90 days.

These deadlines are established by GOST of our country, but they may not always be valid. The manufacturer or store has the right to increase the warranty period of the product, which must be stated in the sales contract (on the sales or cash receipt, other coupons).

The warranty period begins from the date of purchase for shoes that are not in season. For seasonal products, the warranty period begins from the date of the desired time of year.

If the buyer wore the shoes earlier than the required season, the return guarantee becomes invalid. The service life of the product applies to all its components: sole, locks, decorative elements.

What is the judicial practice

If the consumer tried to resolve the conflict pre-trial and filed the claim correctly, then in most cases, the judge takes his side and satisfies the claims in whole or in part.

For example, if a buyer insists on terminating a contract for the sale of a pair of women's shoes due to poor quality, then he can expect the following penalties from the defendant:

Compensation for the full cost of the goods (for example, the cost of shoes is 5,000 rubles).
Payment of a penalty for untimely satisfaction of legal requirements - 1000 rubles.
Compensation for moral damage - 500 rubles.
Reimbursement of examination costs - 3,000 rubles.
The fine for failure to comply with legal requirements is 2,300 rubles.

If a purchased pair of shoes is found to be defective, the consumer has the right to contact the seller with a written complaint. This document specifies all requirements that must be fulfilled as soon as possible.