Is it possible to return paint and other paint and varnish products back to the store: what does the law say?

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Published: 10/05/2018

Reading time: 5 min

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Paint and varnish products are one of the most popular materials on the construction market. But the purchased product does not always meet the requirements and needs of the buyer, then it may be necessary to return it to the store.

Are paint and varnish products subject to return: legal regulation
In what cases can you return quality paint?
How to return paint of poor quality

Are paint and varnish products subject to return: legal regulation

In order to understand whether purchased paint can be returned, you need to refer to the Federal Law “On the Protection of Consumer Rights”. Art. 25 of this law states that the consumer has the right to exchange a purchased non-food product that does not suit him in color, size, shape, dimensions and size. He has 14 days to do this, not counting the day of purchase.

At the same time, the Decree of the Government of the Russian Federation in January 1998 approved the List of non-food products of adequate quality (PP No. 55), which cannot be returned or exchanged for a similar product. In accordance with the specified document, household chemicals, pesticides and agrochemicals cannot be returned or exchanged.

Based on clause 81 of the Rules for the sale of certain types of goods, paint and other paint and varnish products are classified as household chemicals. Thus, paint of proper quality cannot be returned or exchanged.

According to the All-Russian Product Classifier OK 005-93 (OKP) dated 1993. No. 301 household chemical goods include paints and varnishes, glue, polishing materials, anti-corrosion substances, solvents and dyes, thinners, antiseptics, drying oil. You cannot return art paints, as well as water-dispersion and oil paints .

But despite the fact that paints are non-returnable goods, in some cases they can still be returned to the store.

Question:

On 01/01/2021, changes were made to the Resolution of December 31, 2020. N 2463 on approval of the rules for the sale of goods under a retail purchase and sale agreement does not indicate LKM as a product not subject to direct return, i.e. at the request of the consumer, without any claims. A misunderstanding of the document may result in a gross return of the goods on business or just like that. But the list of food products that cannot be returned in clause 7 includes household chemicals.

Previously, when receiving declarations, enamels were listed as household chemicals with OKP code 2388, adhesives, code 2385, and there was a whole range of other products.

Can you provide some clarification on this ruling?

What are the return conditions, is the manufacturer's response accepted? Claims may be biased.

In what cases can you return quality paint?

When it is necessary to return paint of proper quality, the law is not on the buyer's side. His only option is to try to come to an agreement with the seller.

If the seller accepts the buyer's arguments, he can return the beauty or exchange it. Such actions of the administration are not a violation of the law, but the buyer cannot force the store to return the goods in accordance with the provisions of the Consumer Rights Protection Law.

Thus, the return of high-quality paint is acceptable if the buyer did not manage to open the can of paint by agreement with the store.

How can you return products of the category in question if there are no complaints about its quality?

The buyer has the opportunity to refuse a paint product of proper quality, if he can negotiate with the seller on a voluntary basis, provided that he has not opened the packaging of the purchased product. The buyer has the right to return the purchased paint on the same day, without explaining the reasons.

If the buyer contacts the store within ten days after purchase, he can ask to exchange the product for a similar one; if the seller refuses the buyer, he can terminate the contract with the seller and return his money. The store must pay these funds within three days after the request.

Is it possible to return an item at a discount?

How to return an item, read here.

Legal return periods for grocery stores

Russian legislation defines the period during which you have the right to file a claim with the seller demanding to accept low-quality products and return the money spent. This period lasts until the product expires.

Please note! If you purchased a product that has already expired, you need to file a claim as quickly as possible. This situation is more complex than the previous one.

Replacement of goods must be carried out:

within seven days from the date of receipt of the claim;
If the store does not have the product needed for replacement, the procedure must be completed before the end of the calendar month.

The store management contacts the consumer, sending him a written response to the appeal. Cash in an amount corresponding to the purchase price is returned to the buyer within the next 7-10 days from the date of receipt of the claim.

ATTENTION! Look at the completed sample complaint to Rospotrebnadzor against the store:

Procedure in case of violation by the seller of the terms of assortment (re-grading)

In case of transfer of the Goods in violation of the assortment conditions, the rules of Art. 468 Civil Code of the Russian Federation.
Unless otherwise provided by these Terms, if the Order contains a Product that does not correspond to the ordered assortment (re-sortment), the Customer has the right, when transferring the Order, to refuse this Product and demand replacement with a Product in the assortment provided for in the Order, or a refund of the money paid for what was actually not transferred Product.
Goods transferred to the Client in violation of the assortment conditions must be returned to the seller. If the Client accepts this Product, the seller has the right to demand that the Client pay for this Product at the price set by the Seller for this Product on the Site at the time of transfer of the Product (including in court). If the actually transferred Product is not in the assortment presented on the Site at the time of transfer of the Product, this Product is paid for at the price agreed with the Seller.
Replacement of Products that do not correspond to the Order in terms of assortment is carried out by placing a new Order. If the Product that does not correspond to the assortment was pre-paid by the Customer, its cost is returned to the bank card from which the payment was made. If the missing Product has not been paid for by the Client, it must be paid for in any available way as agreed with the Client when placing a new Order.
If it is impossible to replace the Goods, the Seller notifies the Client by sending a message to the email address specified by the Client when placing the order, or by calling the registration phone number, and the funds actually paid for the untransferred Goods are returned to the bank card from which the payment was made.

How do I return defective paint, varnish and other products from this category?

If the buyer discovers at home that the purchased paint is damaged, he can contact the store with a claim for purchasing a product of inadequate quality. In this case, it does not matter to the buyer for what reason the product was damaged due to improper storage or damage to the packaging.

The buyer needs to take the damaged product, bring it to the store along with a cash receipt, which will confirm the fact of purchase in this store and at this particular time, and write a claim for the return of the product of inadequate quality with a request for an exchange of the product or a refund.

The seller has the right to demand an examination that will confirm the fact that the goods are damaged, but, as a rule, damaged paints and varnishes can be determined without inspections.

Even if the paint or varnish was purchased through an online store, the buyer will be able to cancel his purchase without any problems. Since, according to the rules of distance selling, the buyer has the right to refuse or exchange any product of good quality purchased through an online store if he is not satisfied with it in terms of color, configuration, size, characteristics and other parameters.

This is explained by the fact that the buyer is deprived of the opportunity to inspect the product before purchase, which violates his legal rights. The buyer only needs to meet two conditions: the goods must be returned within 24 hours after receipt, without violating the integrity of the packaging and material.

If the seller insists on his position and does not agree to meet the client halfway and return the money to him, just as he does not accept the goods back, then the buyer must take the following actions:

The buyer must write an application to return the goods and request a quality check of the product. Even if the seller refuses to initially pay the money, he is obliged to carry out a similar check at the buyer’s request if the client has concerns that the product is of inadequate quality. In this case, the buyer can be present during the product inspection procedure;
if the seller continues to insist that the damage to the product was the fault of the buyer, then the buyer has the right to demand that the seller conduct an independent examination at the store’s expense, at which he can also be present. If the buyer does not agree with the results of the examination, he can challenge it in court;
If the examination confirms the buyer’s fears and it turns out that the paint product was damaged through no fault of the buyer, then the seller is obliged to return the client’s money for the damaged product. If the examination proves the buyer’s guilt, then he will have to compensate the seller for the costs of the examination in full;
If the seller does not comply with legal requirements for a return, then the buyer must file a claim. It is typical.

If the seller ignores the client after thirty days from the date of filing the claim, then the buyer can go to court to resolve his issue.

Claim for monetary compensation

Please note! Having discovered shortcomings in the purchased product, go to the store and demand that the seller accept the product back, replace it with a quality one, or return the money. If the attempt is unsuccessful, submit a written complaint.

Such an appeal is a way to solve the problem without resorting to judicial proceedings. The paper must be made in two copies. It outlines the essence of the appeal, describes the problems of the product, and voices the requirements for the seller.

The second copy remains with you. It should have the following marks:

signature of the administration representative;
personal data of the person who signed the appeal;
date of document transfer.

Remember! There is no specific form of application, but when drawing it up, generally accepted standards for writing an application are taken into account:

the upper right corner is filled with information about the addressee: store name, address, management data (if you do not know the manager’s personal information, write “Store Management...”);
provide your personal information (full name, address);
the center of the paper is the name of the appeal (“Claim”).

The following is the main information of the application:

when the product was purchased;
in which shop;
information about the product (name, article number, model, etc.);
identified problems with products;
requirements;
The application is signed with a transcript and the date of preparation.

Refund to the buyer by bank transfer.

Within what time frame the seller must return the money to the buyer after returning the goods, read here.

Is it possible to return an item if you don’t like it, read the link:

The claim must be made in accordance with all of the above requirements. This document will be useful to you if the issue cannot be resolved out of court. An application signed by the responsible person is submitted to the court along with the claim.

The store management is obliged to consider your request within 10 days. If the deadline has passed, but there has been no response, begin preparing documentation to go to court.

ATTENTION! View a completed sample claim for a refund for a product:

If the seller does not want to change the product or return the money

You filed a claim with the seller demanding to exchange a defective product or return the money spent on the purchase, but the seller does not react in any way, do not wait too long - go to court.

The court protects the interests of consumers (clause 1 of article 17 of the Federal Law N2300-I). This happens due to the fact that as a result of contact between the seller and the buyer, property relations arise (money is transferred from one party to the transaction to another).

Supervisory authorities have other responsibilities:

constant monitoring and individual inspections of the activities of manufacturers, performers and sellers;
prevention of violations on the part of the manufacturer or seller;
research, reports, statistical reports on government programs implemented during the year.

List of food products subject to return

If food products are of appropriate quality, they cannot be returned. It is also not possible to exchange such products.

But if, after making a purchase, you find deviations from the norm in your purchase, the product can be returned. Food products sold in stores must have an expiration date. This is the main indicator of product quality.

Remember! Products of poor quality include:

goods that have expired;
the time remaining before the expiration date does not allow the product to be consumed in full;
there is no information until what date the product can be consumed;
the product packaging is torn;
there is a violation of the form or contents of the product.

When the item you wish to return meets one or more of the above points, it must be accepted back. The appeal can be oral or in writing.

Attention! Calculator for calculating penalties under the Consumer Rights Law (Article 23, 23.1).