What products exactly do you mean? Is it true that the list of goods not subject to exchange
is it constantly being updated? Roskachestvo lawyers answer these and other questions from subscribers.
Read further:
- Is it true that you can return non-returnable items if they were purchased online?
- Is it possible to return unpacked construction and finishing materials?
- Is it possible to return packaging: bags and boxes?
- Is it possible to bring back the cuckoo clock?
- Can I return lighters, lighter fluid, candles and sparklers?
- Is it possible to return souvenirs, in particular playing cards?
- Is it possible to return animals and plants if they are stuffed animals and dried flowers or seeds?
- Is it possible to return an artificial Christmas tree?
- Is it possible to return quality food products?
The buyer is often faced with a situation where a product has been purchased, but for some reason does not want to use it (the dress does not suit the person, it is difficult to choose a skirt to match the purchased blouse, etc.), or the product objectively does not correspond to the intended use (a picture on the wallpaper does not match the style of the kitchen set, the texture of the floor tiles does not match the texture of the wall, etc.).
We remind you. If you change your mind, you can return and exchange most high-quality non-food products if:
- the packaging is not damaged;
- no more than two weeks have passed since the date of purchase or the product is seasonal;
- The item is not non-returnable.
Before queuing up at the exchange and return point in a store, you should check the list to see if you have the right to return a particular product.
For information
Please note that the list of non-returnable items may change. Thus, in 2021, wrist and pocket watches were included in the List approved by Government Decree No. 55 dated January 19, 1998. And from January 1, 2021, the List of non-food products of good quality that are not subject to exchange is in effect
, approved by Decree of the Government of the Russian Federation of December 31, 2020 N 2463.
List of non-food products of good quality that cannot be returned or exchanged for a similar product of a different size, shape, size, style, color or configuration:
- Goods for the prevention and treatment of diseases
at home (sanitary and hygiene items made of metal, glass, rubber, plastic, textiles (including medical knitwear) and other materials, medical instruments, devices and equipment, oral hygiene products, spectacle lenses, contact lenses , child care items), medications (including dietary supplements and vitamins); - Personal hygiene items
(toothbrushes, combs, hairpins, hair curlers, wigs, hairpieces, shaving accessories, tools for manicure, pedicure, other cosmetic procedures and other similar products); - Perfume and cosmetic products
(soap, perfume, lotions, deodorants, creams, lipsticks and other body care products and decorative cosmetics); - Textile goods
(cotton, linen, silk, wool and synthetic fabrics, goods made from non-woven materials such as fabrics - ribbons, braid, lace and others), sold by the meter; - Cable products
(wires, cords, cables); construction and finishing materials (linoleum, film, carpeting and others) and other goods sold by the meter; - Sewing and knitted products
belonging to the group of linen; hosiery; - Products and materials
entirely or partially
from polymeric materials and in contact with food products
(tableware and kitchen utensils, containers and packaging materials for storing and transporting food products, including for one-time use); - Household chemicals
(detergents, washing powders, stain removers, etc.), pesticides and agrochemicals; - Household furniture
, which is part of a set or set; - Jewelry and other products made of precious metals and (or) precious stones
, cut precious stones; - Cars and motorbikes
, trailers and numbered units for them; mobile means of small-scale mechanization of agricultural work; pleasure boats and other household watercraft; - Technically complex household goods
with a warranty period of at least one year (household metal-cutting and woodworking machines; household electrical machines and appliances; household radio-electronic equipment; household computing and copying equipment; photographic and film equipment; telephones and fax equipment; electric musical instruments ; electronic toys, household gas equipment and devices; wrist and pocket watches, mechanical, electronic-mechanical and electronic, with two or more functions); - Civilian weapons
, main parts of civilian and service firearms, ammunition for them; - Animals and plants
; - Non-periodical publications
(books, brochures, albums, cartographic and musical publications, sheet art publications, calendars, booklets, publications reproduced on technical media).
To return a non-food product of proper quality that is not included in the above list, the buyer is given 14 calendar days from the date of purchase (not counting the day of purchase) if there are documents confirming the purchase (checks, receipts, bank statements).
Ask your questions related to non-returnable goods in the comments to this material.
Everything seems clear, but consumers nevertheless have many questions. We answer below the most popular ones received through the feedback form and social networks.
Is it true that you can return non-returnable items if they were purchased online?
Yes, in some cases (without courier delivery) this is true. According to paragraph 4 of Art. 26.1. Law No. 2300-1 “On the Protection of Consumer Rights”, you have the right to refuse the goods at any time before its transfer, and after the transfer of the goods - within seven days, if... Details HERE
.
Can I return lighters, lighter fluid, candles and sparklers?
- A lighter that is not filled with gas or gasoline can be returned or exchanged according to the normal return rules prescribed for non-food products, since the lighter is not a technically complex product and does not relate to weapons and household chemicals. This applies to reusable and piezo lighters. But disposable lighters filled with flammable mixtures, gas, and gasoline cannot be returned. Firstly, gasoline for lighters belongs to the group of household chemicals. Secondly, it is difficult to prove that you did not use the lighter (the liquid level is not visible in all of them).
- Ignition fluid cannot be returned.
- The return of sparklers and fireworks is possible if the packaging is intact, only if there is the good will of the seller. In general, the production of firecrackers and sparklers is household pyrotechnics, which belongs to I and II (minimal) hazard classes, and in fact, these are the same household chemicals, just in a different wrapper.
- Candles, both household and souvenir, cannot be returned, even if the packaging and presentation are intact. This applies to both paraffin and wax candles (household, decorative, ritual).
Alexander Borisov
Deputy Head of Roskachestvo
– If you do not see a particular item on the non-returnable items list, this does not mean that it can be returned. For example, lighter fluid is not on the list of non-returnable items. existing lists of household chemicals either.
. By the way, there are no GOSTs or technical regulations for this product yet. On the one hand, lighter fluids are similar to fuels and lubricants. On the other hand, their composition is slightly different. And here we must take into account the important point for what purposes the liquids are used. And these products are used in everyday life. And, therefore, lighter fluid, by analogy, can be classified as household chemicals, which are classified as non-returnable goods. Accordingly, such a product (if it is of high quality) cannot be returned to the store.
Household chemicals also include wax and paraffin candles, dry alcohol, dry fuel and gasoline for lighters.
LIST of non-food products of good quality that are not subject to exchange
1. Products for the prevention and treatment of diseases at home (sanitary and hygiene items made of metal, rubber, textiles and other materials, medical products, oral hygiene products, spectacle lenses, child care items), medicines
2. Personal hygiene items (toothbrushes, combs, hairpins, hair curlers, wigs, hairpieces and other similar products
3. Perfume and cosmetic products
4. Textile goods (cotton, linen, silk, wool and synthetic fabrics, goods made from non-woven materials such as fabrics - ribbons, braid, lace, etc.), cable products (wires, cords, cables), construction and finishing materials (linoleum, film, carpeting, etc.) and other goods, the price of which is determined per unit of length
5. Sewing and knitted products (sewing and knitted linen products, hosiery products)
6. Products and materials made entirely or partially from polymeric materials and in contact with food products (tableware and kitchen utensils, containers and packaging materials for storing and transporting food products, including for one-time use)
7. Household chemicals, pesticides and agrochemicals
8. Furniture sets for household purposes
9. Jewelry and other products made of precious metals and (or) precious stones, cut precious stones
10. Cars and motor-bicycle products, trailers for them, numbered units (engine, engine cylinder block, chassis (frame), body (cabin) of a motor vehicle or self-propelled machine, as well as the gearbox and axle of a self-propelled vehicle) for cars and motor-bicycle goods, mobile vehicles small-scale mechanization of agricultural work, pleasure boats and other household watercraft
11. Technically complex household goods with a warranty period of at least one year
12. Civilian weapons, main parts of civilian firearms, cartridges for civilian weapons, as well as initiating and flammable substances and materials for self-loading cartridges for civilian long-barreled firearms
13. Animals and plants
14. Non-periodical publications (books, brochures, albums, cartographic and musical publications, sheet art publications, calendars, booklets, publications reproduced on technical media)
Is it possible to return souvenirs, in particular playing cards?
Souvenir products can be returned regardless of whether it refers to ordinary New Year's little things or commemorative products of the places of origin. It is only important to remember about the safety of the presentation, packaging and the presence of a document of purchase. At the same time, playing cards should be classified not so much as souvenirs, but as printed products. Therefore, a deck of playing cards cannot be returned unless it is defective.
Is it possible to return animals and plants if they are stuffed animals and dried flowers or seeds?
The list does not indicate that the animals must be alive. But it is understood that living animals are meant. And you cannot return a purchased animal (of course, unless there is a hidden defect that the buyer was not notified about in advance). This refers to any animal - from horses to aquarium fish and insects. You can return stuffed animals; they are no longer animals, but interior decorations.
As for plants, no potted flowers, bouquets or dried flowers can be returned. In addition, seeds cannot be returned. Essentially, these are future plants.
Let us remind you that gardeners do not have to worry about returning seeds if these seeds were purchased online and received by mail: if the packaging is intact, such goods are required to be exchanged or returned in the online store. Read how to do it HERE
.
Is it legal to return products to the store?
After reading this article, you will be aware of how to return food products to the store under the Consumer Protection Law. The relevant legislation regulates trade relations between the consumer and the store. Based on this law, the buyer has every reason to return the purchase.
To carry out this operation, you should adhere to the following rules:
- It is possible to return only purchases of inadequate quality;
- Food products of good quality cannot be returned;
- A customer complaint is allowed only within the expiration date of the product;
- You can return your purchase even if you lose your receipt.
How to return products of poor quality to the store?
In most cases, the inadequate quality of a food product can be determined after opening the product. Most customers do not return goods due to the packaging being broken. This position is not at all correct! In accordance with the law, the buyer has the right to refuse a product if he notices that the products are of inadequate quality.
- The expiration date has expired;
- The presence of a foreign object or creature in the product;
- The information on the packaging differs from the contents of the product.
If the product meets the above points, the grocery store is obliged to:
- Exchange the product for a similar one;
- Reimburse the client for the entire amount spent on the purchase;
- Reduce the price if the buyer agrees to dispose of the product further.
It is worth noting that the return of food products of proper quality is prohibited. The administration of the grocery enterprise has legal grounds for refusing exchanges and returns.
Is it possible to return food products to the store after paying at the checkout?
The Consumer Protection Act prohibits the return of products of proper quality after the customer has paid for the product at the checkout. However, if you have given up on the idea of purchasing this product, you can ask the cashier to cancel the transaction. It is worth doing this before the check is printed. In order to return a trade item after paying at the checkout, it must be of inadequate quality. Then the store is obliged to return you the entire amount spent or exchange the product. If the client believes that the product is of poor quality, without having facts that would prove him right, it is worth asking for an examination. If the examination proves that you were right and the purchase is of inadequate quality, you can sue and demand compensation for all expenses.
Is it possible to return a food product to the store if you don’t like it?
You can return products back to the store only if they are of poor quality. Management has every right to refuse to return you products of proper quality. It is possible to return a purchase if you don’t like it if you haven’t paid for it yet and are at the checkout.
If I don't have a receipt, can I return the product to the store?
If you need to return a purchase of improper quality, you should have a cash receipt with you. In the absence of a receipt, the Consumer Protection Law provides for the opportunity to present other evidence of the purchase. Such as testimony or any other evidence that the client considers significant. When making a purchase, the buyer should be careful and scrupulously check the quality of the purchase. And it’s worth doing this even before you buy it. It is necessary to check the expiration date, color, smell, appearance. And you should always keep your receipt. Although the law allows the return of a purchase without a receipt, it is much easier to do this with one.
And they refuse him? Which side is the truth on?
Only the buyer who has knowledge of the law
"On the protection of consumer rights."
In Russia, it is they who largely regulate the relationship between seller and buyer
goods of various categories.
Information about the contents of this extremely important document for each of us can save time, nerves and money
.
It is worth mentioning separately about food products. We buy them more than others
, therefore, the risk of encountering a situation where the purchase for one reason or another needs to be returned is higher. Do we have this, in what situations and how to do it?
Is it possible to return an artificial Christmas tree?
Artificial wreaths and flowers can be returned; they are interior items, not plants. This group of products includes flowers made from textile materials, plastic, polymer clay, and foamiran. Artificial trees and Christmas wreaths are included in this category along with other interior decorations.
You cannot return a live spruce (even if it is not in a pot, but cut down). It refers to plants (flowers, bouquets) and is a non-returnable item. But an artificial one, if it doesn’t fit in size, is ok.
In what cases is it possible?
Many people ask the question: Is it possible to return food products of proper quality? And are there any products that cannot be returned?
Based on Articles No. 492 of the Civil Code of Russia and No. 2 of the Federal Law “On the Fundamentals of State Regulation of Trade Activities in the Russian Federation,” the seller must transfer goods suitable for human consumption as food products.
.
The buyer, in accordance with the Law “On Protection of Consumer Rights”, can issue a refusal to purchase
, if it is discovered that the product is of inadequate quality.
A product is considered to be of poor quality if, for objective reasons, it is not suitable for use
for its intended purpose.
For the food group, objective reasons
may be:
Such food products are subject to return
back to the store, and the buyer will be right under the law.
- exchange
the product for a similar one; - return
the money in full; - reduce the cost
if the buyer is ready to use the product further.
If the product has already caused harm to the consumer’s health, then he has the right to demand compensation for losses
.
This will most likely have to be done through. The main thing in this case is not to lie and not to sacrifice yourself by consuming a spoiled product
, knowing about the consequences.
The law is on the side of the buyer only when he suffers due to ignorance
.
It states that the consumer is not required
to understand the information on the product packaging or generally be aware of its properties.
This part of the law works, for example, if the product information states that it is hypoallergenic
, but it still causes an allergic reaction in a person, or if the composition does not indicate any of the substances, which also
adversely
affects the well-being of the consumer.
Article 492 of the Civil Code of the Russian Federation. Retail sales agreement
- Under a retail purchase and sale agreement, the seller, engaged in business activities of selling goods at retail, undertakes to transfer to the buyer goods intended for personal, family, home or other use not related to business activities.
- A retail purchase and sale agreement is a public contract (Article 426).
- Relations under a retail purchase and sale agreement with the participation of a citizen buyer that are not regulated by this Code are subject to laws on the protection of consumer rights and other legal acts adopted in accordance with them.
Books cannot be returned or exchanged by law.
advocatus54.ru
- To return, you must have a cashier's receipt confirming the terms of purchase, as well as the buyer's passport.
- In order to make a return, it is necessary to make a written claim, which describes the circumstances and defect of the publication, and also indicates the buyer's requirement.
- If necessary, an examination of the store or an independent examination is carried out; if the documented results confirm the buyer’s requirement, then the store management is obliged to return or exchange the publication.
- The deadline for fulfilling the buyer's demands for the return of a defective book is 7 days from the date of application.
- As for the return of a book that does not have identified defects, since such an action can only be carried out by the good will of the seller, there are no terms and conditions established by law in this case.
Which products cannot be exchanged or returned?
Is it possible to return a book or textbook to the store with a receipt? What does the law say? By definition, a book is a product that is classified as a so-called non-food product.
A characteristic feature of this product is proper quality, and therefore, in principle, operations such as returns (and/or exchanges) have nothing to do with the book. For example, clients often ask about the possibility of exchanging one book for another.
It is important to consider the nuances of situations in which books must be returned. In accordance with the law, the buyer has the right to exchange non-food products for another. An important condition is that the product must be of proper quality.
The second condition concerns the identity of the seller - you can exchange only with the one from whom you bought it. The motives for exchanging goods may be due to inappropriate parameters:
How to return a book to the store
Therefore, it is very difficult, if not almost impossible, to defend your rights if low-quality printed products were purchased.
The seller can meet the client halfway only if the store itself values its reputation and customers, and also if the client has discovered an obvious defect, immediately after making a purchase, without leaving the store.
It is no longer possible to prove that you are right after leaving the store, and the store will most likely refuse your request for an exchange or return.
If immediately after the purchase the client noticed that the printed product has a pronounced defect or defect, if the product was damaged not by the client himself, but by the seller or other visitors to the store, or if the cover does not correspond to the contents of the book, then he can try to resolve the issue by place with the store seller.
Returns for printed products
Returns for printed products In addition, in this case, the publishing house must submit an updated declaration to the tax authorities. The entry “reversal” may also occur when returning goods in the event of termination of the sales contract.
Article 39 of the Tax Code of the Russian Federation recognizes sales as the transfer of ownership of products. But it is not always only the formal change of owners (formal transfer of ownership) that characterizes a business operation as an implementation.
For example, termination of a transaction during its execution does not qualify as a sale and, therefore, does not lead to the accrual of VAT. In the resolution of the Federal Antimonopoly Service of the North-Western District dated March 28, 2000.
in case No. A26-3034/99-02-02/174, it was recognized that the return of goods under a terminated sales transaction is not a sale.
Return of printed materials
Is it possible to return a book if it turns out to be an abridged retelling? In a situation where the book turns out to be a short retelling or an abridged edition of the work, the buyer has the right to return it to the store, since he was misled by the seller or the title of the book.
In this case, the consumer can point out the inadequate quality of the product, which allows him to return or exchange a book or other non-periodical publication.
How to return a defective product? In order to return a defective book, you must verify for yourself and prove to the seller that the identified defects are due to a manufacturing defect.
List of goods that cannot be returned to the seller
The tax authorities justify their position as follows.
The object of VAT taxation is the sale of goods (work, services) in the territory of the Russian Federation, including the sale of collateral and the transfer of goods (results of work performed, provision of services) under an agreement on the provision of compensation or novation, as well as the transfer of property rights (Article 146 Tax Code of the Russian Federation). Tax base for the sale of goods (work, services) in accordance with clause 1 of Art. 153 of the Tax Code of the Russian Federation is determined by the taxpayer depending on the specifics of the sale of goods (work, services) produced by him or purchased externally. At the same time, the taxpayer, in accordance with paragraph 1 of Art. 171 of the Tax Code of the Russian Federation has the right to reduce the total amount of VAT calculated in accordance with Art. 166 of the Tax Code of the Russian Federation, as established by Art. 171 of the Tax Code of the Russian Federation, tax deductions. Clause 5 of Art.
How can I return a book to the store if I have a receipt?
Features of product returns in publishing
- To return, you must have a cashier's receipt confirming the terms of purchase, as well as the buyer's passport.
- In order to make a return, it is necessary to make a written claim, which describes the circumstances and defect of the publication, and also indicates the buyer's requirement.
- If necessary, an examination of the store or an independent examination is carried out; if the documented results confirm the buyer’s requirement, then the store management is obliged to return or exchange the publication.
- The deadline for fulfilling the buyer's demands for the return of a defective book is 7 days from the date of application.
- As for the return of a book that does not have identified defects, since such an action can only be carried out by the good will of the seller, there are no terms and conditions established by law in this case.
What to do if the receipt has not been saved?
A cash receipt or sales receipt for a purchased printed publication is one of the necessary things to carry out the procedure for returning or exchanging a book. However, the absence of a receipt is not grounds for refusing a refund .
In your complaint to the seller, you must fully describe the circumstances of the purchase, indicate any defects identified, and note that the receipt was lost.
In this case, the store does not have the right to refuse to return the printed publication. If necessary, the buyer can bring witnesses to confirm the fact of acquisition.
Buyer's procedure
To replace a low-quality personal care product or get your money back, you need to:
- Preliminarily inspect the product for traces of use (scratches, cracks, chips, dents) not related to the detected manufacturing defect.
- Check the contents of the product and assemble all the elements of the kit. Include instructions, stickers, labels, packaging, etc.
- Find a sales receipt for the purchase of goods of inadequate quality.
- Be sure to take your Russian citizen passport with you.
- Visit the retail outlet and present the defective product and receipt to the seller.
- Fill out a free-form application with your passport details.
- Wait for the seller’s decision on the need for an examination.
- Based on the results of checking the personal hygiene product, carry out an exchange, return or other actions as agreed by the parties.
Please note:
You can return a product with identified defects within two weeks if it is not covered by a warranty or special conditions agreed upon by the seller.
A decision on the buyer’s claim is made within 10 days without an independent examination and up to 30 days if it is necessary.
Are printed publications returnable?
Many buyers believe that they have the right to exchange a book within 2 weeks if it does not suit them.
However, such a situation would turn bookstores into a kind of analogue of libraries, where anyone could take a book, read it and return it.
On the other hand, many book sellers believe that books cannot be returned under any circumstances. Both sides are mistaken : according to Russian laws, books can be returned back, but only in certain circumstances.
