The product does not always correspond to the declared quality or satisfy the wishes of customers. The purchase can be returned. The implementation of the process is regulated by Art. 25 of the Law “On Protection of Consumer Rights” . It is important to comply with the regulations. Otherwise, the return will not be possible. The PZPP establishes the time frame for completing the procedure. We will talk further about how to exchange or return goods, how to carry out the procedure correctly and what to do if a dispute arises.
Consumer rights
The current code states that the buyer has the right to exchange goods of appropriate quality within two weeks from the date of purchase. The corresponding provision is fixed in Article 502 of the Civil Code of the Russian Federation and Article 25 of the Law “On the Protection of Consumer Rights” (CPR). However, there are a number of limitations. They are recorded in Russian Government Decree No. 55. The document limits the list of goods that can be returned if the quality does not meet established requirements.
Note! The list is exhaustive. This means that items cannot be added to it at the discretion of the seller.
In the event that the buyer requires a refund or an exchange, the seller is obliged to carry out the procedure if the product has not been used and its consumer properties are preserved. Additionally, the person is required to provide a receipt or check. They confirm the fact of purchasing a product in a specific store. If at least one of the criteria is not met, the return cannot be performed.
There is no established procedure in current legislation for providing compensation for losses or costs incurred by the seller in connection with the return. In practice, the buyer may request an exchange, but the seller does not have a similar product. In this case, termination of the purchase and sale agreement is permissible. After this, the funds are returned.
When the seller may not accept the goods
The situations are actually standard, but the seller of the goods needs to know them so as not to be a hostage to his ignorance. So, in cases:
- When the product was damaged after purchase.
- When signs - seals, labels, etc. - are removed from the product.
- When the packaging is damaged.
- When 14 days have already passed.
- When the buyer does not have a receipt (either a sales receipt or a regular one).
Expertise
Usually appointed when the opinions of the client and the seller differ. The buyer is sure that the quality of the product does not correspond to what was declared, but the seller thinks that everything is fine. In this case, an examination is appointed.
Note: this is done at the expense of the seller.
When the buyer still does not agree with the results from the experts, he still has the right to challenge the results in the magistrate’s court.
Also, the buyer himself can appoint an examination in another company, which will not be an interested party. However, he will pay for it himself. But if the expert assessment is on the buyer’s side, then the store will have to reimburse its cost to the buyer.
The examination can take from 10 to 45 days.
Structure and content
Article 25 of the above-mentioned legal act fixes two main provisions. In the first case, the presence of the opportunity to exchange products for the same or similar ones is established if the person is not satisfied with the color scheme, configuration or dimensions.
Please note: The procedure takes 2 weeks. The period begins to be calculated from the moment of purchase from the seller. For an exchange to be valid, the buyer must not use the product.
It is important to preserve all seals, labels or tags on the product. Additionally, it is recommended that you familiarize yourself with the list of products that cannot be exchanged.
- Applications for a refund for goods without defects and not meeting the specifications
The second point is to secure the buyer’s right to demand a refund in a situation where replacement is impossible. The seller is obliged to fulfill the relevant requirements within 3 days from the date of receipt of the application. The parties can independently agree on the period for providing new products if their further supply is planned.
Repair of durable goods
In case you insisted on eliminating the defects by repairing the product by the seller or manufacturer, keep in mind an interesting point: having submitted a durable product (and this is almost any household appliance, for example, a telephone, iron, radio) to the warranty service, you have the right require the seller to provide a similar product while your purchase is being repaired. The supplier is obliged to fulfill this request free of charge within three days, providing, if necessary, delivery:
The exceptions are the following products:
When resorting to warranty repairs, keep the inspection certificates, certificates of delivery of goods to service and return. If your purchase spends more than a month under repair, this will be sufficient grounds to refuse it and return the money paid for it in full.
Features of exchange or return
The procedure is permissible only in the presence of circumstances that are enshrined in Article 25 of the above-mentioned legal act. Additionally, you need to remember that the period for returning goods according to the law “On the Protection of Consumer Rights” is 2 weeks. The period cannot be interrupted or postponed. The seller may set a warranty period for low-quality goods. You will be able to exercise the corresponding right within the specified period.
Important! If the product does not meet the specifications, it will not be possible to terminate the purchase and sale agreement with the seller immediately. A citizen has a right only if the seller does not have a similar product that could suit the buyer.
Article 25 of the Federal Law “On the Protection of Consumer Rights” establishes a list of actions and grounds for returning goods that meet established requirements.
Video
What to do if there is no receipt left?
We have already mentioned this, but let's look at it in more detail. In the event that the client does not have a purchase receipt in hand, he can come to the store with a witness to his purchase (if there is one).
The client needs to do the same if there is no cash register installed at the point of sale, and the seller refers to the fact that he cannot remember the person.
You also need to remember that there are several options, or channels, where funds can be returned after a return in the store:
- Cash.
- To the current account.
- On the card.
- For a savings account.
It is also always better for the client to remember that it is not profitable for the store to argue with the buyer, and especially no one will want to take the matter to court. However, at the same time, it is important to know what rights you have and in what cases.
Duration of the procedure
The regulatory legal act defines the period for performing the action. Returns of goods of inadequate quality can be made within two weeks from the date of purchase. This is a sufficient period for the buyer to decide whether the item is suitable for him. Additionally, the person will be able to verify whether there are any flaws or defects that were not noticeable at the time of purchase. If the deadline has expired, the seller may refuse to consider the application.
By the way! If the established period has not expired, but the seller does not have similar products, the buyer acquires the right to terminate the sales contract and demand a refund. Refusal in this situation is considered unlawful.
It is permissible to carry out an exchange on the basis of an oral statement. However, the above action is at the discretion of the seller. In most cases, stores require a written application. The paper will need to indicate all the features of the purchase of the product and the reasons for the decision. The application must be prepared in two copies. One is provided to the seller, and the second remains with the buyer. On this copy of the application, the seller puts his signature and the date of acceptance of the application. Quality check can be done. In this situation, the replacement period reaches 20 days. If the period is long, a similar product may be transferred to the buyer for temporary use.
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Items that cannot be returned if their quality is as stated
The corresponding list is established by government decree No. 55.
The following goods of good quality cannot be returned:
- cosmetics, perfumes, child care products;
- furniture, vehicles;
- all goods in contact with food, technically complex goods used in everyday life;
- building materials, fabrics, wires sold by the meter;
- jewelry, weapons, ammunition;
- animals and plants;
- household chemicals and agricultural products;
- personal care and medical products;
- complex technical household goods.
Competent return
Initially, you will need to prepare a cash receipt or receipt provided by the seller. Returns will be processed within 14 days. The period begins to be calculated on the next day from the date of purchase. It is important that the appearance of the product, labels, shortcuts and necessary equipment are preserved.
Please note: Seller may inspect for damage, breakage or defects that would prevent further use. Once integrity has been verified, a statement will be required. You must provide a receipt confirming the purchase. If documents are missing, this is not a reason for refusing to consider the application.
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Is it possible to return an item to a store without a receipt?
The law repeatedly states that the absence of a receipt cannot be a basis for refusing a customer’s request for a replacement or return of goods (Articles 18 and 25). To prove the fact of the purchase, it is appropriate to provide evidence from those people who were present.
In addition, you can insist on viewing CCTV footage from the sales area, which can confirm the purchase.
After all, store accounting departments store information about all sales for many years with expanded detail by type, brand and nomenclature of all products. In other words, returning or exchanging goods without a cash receipt or sales receipt is also possible, but your request must be supported by evidence that the product was purchased at this particular retail outlet.
Drawing up an application
In order for the seller to consider the application, it is important to include a list of required information. The following data needs to be recorded:
- Seller details. It is important to reflect the full name of the organization, address and information for operational communication. The application must be made in the name of the manager.
- Buyer information. It is important to record personal data, place of residence, and information for prompt communication. Sometimes the seller requires that information contained in the passport be included.
- Document's name. In the middle of the sheet you will need to write the word “Application”.
- Circumstances of the purchase. It is necessary to enter data about the product itself, indicating its characteristics, and also record information about the reasons why the product was not suitable for the buyer.
- The requirements put forward. Replacement with a similar product. If the property is missing, you can ask the seller to terminate the purchase and sale agreement in advance and return the funds.
Claim form for refund of money for goods
The above list of information is not exhaustive. Additionally, you must provide the following information:
- delivery payment features;
- compensation for damage caused to the buyer due to the purchase of the wrong product, if the fault lies with the seller;
- performing repairs if defects are present;
- a list of documentation attached to the application and confirming the requirements put forward. Additionally, you need to put the date the paper was drawn up and sign.
Filing a claim
If the seller refuses to satisfy the demands voluntarily, legal proceedings can be initiated. For this purpose, a statement of claim is being prepared.
To be considered, you will need to provide the following information:
- information about the institution that will consider the issue;
- information about the plaintiff and defendant;
- data on the cost of the claims put forward;
- features of what happened;
- put forward requirements.
There is no need to pay state duty.
Claim form for return of goods
The statement of claim must be supplemented with all available written evidence. They will allow you to confirm the arguments put forward.
