Home/Return and exchange/Product without packaging
Packaging is the first thing that goes into the trash bin after purchasing a product. Often the check also ends up there. At the same time, due to the lack of original packaging, stores refuse to allow customers to return defective or simply unsuitable items.
For your information
In most cases, the seller’s refusal to return goods without packaging is unlawful. However, the arbitrator does not always side with the consumer, which is confirmed by extensive judicial practice. So is it possible or not to return the goods to the store with the packaging opened or without it at all?
Normative base
The procedure for returning goods is described by the following legislative acts:
Attention! If you have any questions, you can chat for free with a lawyer at the bottom of the screen or call Moscow; Saint Petersburg; Free call for all of Russia.
- Civil Code of the Russian Federation, art. 503, art. 504. The conduct of retail trade, the rights and obligations of buyers and sellers are devoted to § 1–2 of Ch. 30 of section IV of the Code.
- Federal Law No. 2300-1 of 02/07/1992 on the protection of consumer rights (PZPP).
- Government Decrees No. 924 of November 10, 2011 and No. 55 of January 19, 1998. The acts contain a list of goods of special categories: those related to technically complex ones and those that cannot be returned or exchanged within 2 weeks as unsuitable.
- MAP Letter No. 160 dated May 20, 1998. The document explains in detail the rights of consumers in relation to defective goods, the nuances of their return and exchange.
Attention
Regulatory acts apply at the federal level. There are no regional specificities for the return of unpacked goods. Retailers also do not have the right to introduce their own rules that worsen the situation of the consumer.
The PLA does not make any special mention of packaging, the need to store it and return it. It is perceived as one of the evidence that the purchase of goods was made in a specific store, since branded labels and price tags are often attached to it. There are several exceptions to this rule.
Consumer rights to return goods without packaging
The consumer has the right to exchange a high-quality non-food product within 2 weeks for a more suitable one in size, color, etc. If the store is unable to offer anything alternative, it is obliged, at the client’s request, to cancel the transaction and return the money. In this case, an important condition applies about preserving the original appearance and properties of the product, due to which it may be difficult to return it without packaging.
If the item is defective, the buyer has the right:
- replace it;
- get a discount;
- demand elimination of defects or compensation for repair costs;
- return it and take the money.
IMPORTANT
Often it is not necessary to return a defective item with a box. Art. 16 of the PLA prohibits making the fulfillment of consumer requirements dependent on any circumstances not related to product malfunctions. However, the seller should not deduct the cost of damaged or lost packaging from the refund.
This is confirmed by the XII Letter of MAP No. 160: the buyer is obliged to return the goods to the seller as complete as possible, excluding packaging and parts that wear out quickly during operation.
Attention
The packaging must be preserved if the manufacturer specifically indicated such information on it or in the product instructions. Also, the law will be on the side of the seller if it is an integral part of the product.
undisturbed
Together or separately? Spelling dictionary-reference book. - M.: Russian language. B. Z. Bukchina, L. P. Kakalutskaya. 1998.
See what “unbroken” is in other dictionaries:
unbroken - *unbroken... Together. Apart. Hyphenated.
unbroken core - - [https://slovarionline.ru/anglo russkiy slovar neftegazovoy promyishlennosti/] Topics oil and gas industry EN unbroken core ... Technical Translator's Guide
undisturbed sample - A sample in which no physical and mechanical changes have occurred. [English-Russian dictionary on the design of building structures. MNTKS, Moscow, 2011] Topics: building structures EN undisturbed sample ... Technical Translator's Guide
undisturbed formation - - [https://slovarionline.ru/anglo russkiy slovar neftegazovoy promyishlennosti/] Topics oil and gas industry EN undisturbed formation ... Technical Translator's Guide
An undisturbed sample is a sample in which no physical and mechanical changes have occurred. [English-Russian dictionary on the design of building structures. MNTKS, Moscow, 2011] Term heading: Concrete testing Encyclopedia headings: Abrasive... ... Encyclopedia of terms, definitions and explanations of building materials
Support core method - (a. abutment core method; n. Kernbauweise; f. methode du noyau de support; i. metodo de ancla de apoyo, metodo de ancla de sosten) phased construction of an underground structure with the development of rock along its contour while supporting the support on... ... Geological encyclopedia
landslide - separation of earth masses from a slope and their movement along the slope under the influence of gravity. The slid mass is called a landslide body, and the surface along which the landslide is displaced is called the sliding surface, or displacement surface.... ... Geographical Encyclopedia
INTEGRATION - (Latin integratio restoration, replenishment, from integer whole), a side of the development process associated with the unification of previously disparate parts and elements into a whole. I. processes can take place both within the framework of an already established system in this... ... Philosophical Encyclopedia
inexhaustible - (1*) etc. Unbroken, undefiled: then, with the meditation of wisdom, inexhaustibly preserve chastity. (ἄσυλоν) GA XIII–XIV, 200 centuries. Wed. iznѹren… Dictionary of the Old Russian language (XI-XIV centuries)
inexhaustible - (1*) etc. Unbroken, undefiled: give me your word before (d) b҃m, so that you preserve the power [sic!] of my inescapable (ἄσυλоν) GA XIII–XIV, 258b. Wed. iznirim... Dictionary of the Old Russian language (XI-XIV centuries)
Source of the article: https://dic.academic.ru/dic.nsf/rus_orthography/51174/%D0%BD%D0%B5%D0%BD%D0%B0%D1%80%D1%83%D1%88% D0%B5%D0%BD%D0%BD%D1%8B%D0%B9
Returning goods without packaging of proper quality
The consumer can exchange a good quality product within 14 days after purchase if it does not fit any parameters: color, configuration, size, style, etc. This is guaranteed by Article No. 25 of the PZPP.
Attention
The rule does not apply to medical devices, perfumes and cosmetics, complex technical products, furniture, textiles, jewelry, etc. The full list of goods that are not subject to return or exchange is given in Resolution No. 55 of January 19, 1998.
You can refuse the product and receive money only if the store does not have an exchange alternative suitable for the consumer. The product must retain its original appearance: all labels and seals are in place, there are no signs of use. Unlike a defective product, a quality product will be put on display and sold again after its return.
Whether the packaging relates to “appearance” is decided jointly by the client and the seller, and if no agreement is reached, by the court. As a rule, factory packaging is required, but the one that the store issued for protection or ease of transportation of the goods is not.
Packaging marking
The Mobius loop has never been a mandatory sign and, in its essence, should not be since it is a mandatory environmental voluntary marking all over the world (we wrote a little about the world practice of using the Mobius loop here). Why is there such a requirement in the packaging according to the technical regulations, we are not Russian.
— Is it possible, taking into account the said RESOLUTION, for the GOVERNMENT to use this etiquette after 02/15/2021 Ready? Products using this label are only sold in the Russian Federation. Is the unit insert included with each packing slip allowed to be issued at the checkout point? trade
Hello, Marina! 1. It’s correct to say that you will be able to sell products before their expiration date, that is, this applies to those food products that were already put into circulation before February 15, 2021. You can read more about the supply of food products specified after the date here. 2. We have answered a similar question more than once and the answer is always the same - yes, it is necessary to apply markings in Kazakh. This is determined by subclause 2 of clause 4.1 022 4 of TR CU Article/2021. The exception is certain products of the group, in which the relevant regulations may establish otherwise. Like, for example, fat and oil products, the products of which, according to paragraph 1 of Article 8 of TR CU 024/2021, are required to be labeled only in Russian. Hello Julia! 1. Check the TN codes for the Customs Union for Foreign Economic Activity of packaging materials specified in the list, decision adopted by the Board of the Eurasian Economic Commission 47 of March 19, 2021. If the codes match, then the packaging falls within the scope of regulation of TR CU 005/2021 and the requirements established therein must be met, including safety in terms of labeling. It is also necessary to register the declaration, except for the cases specified in paragraph 2 of regulation 1 of article, that is, when the packaging of products is in the process of production of such products. In this case, the manufacturer of this packaging is also the manufacturer of compliance. 2. In products with the definitions given in Article 2 of TR CU 022/under, 2021, a label is understood as “an information carrier on which the marking is applied and which is attached to the consumer or (packaging) transport packaging, including by gluing.” Based on this, the label itself is not packaging. 3. The code is selected at your discretion. thanks for the answers! Several other questions arose: 1) domestic products. The type of wine - “fruit (semi-sweet) fruit wine” is indicated on the label (front side), and in addition it is possible to indicate in Latin “fruit semisweet wine”?
We recommend reading: Payments for Pensions to Non-Working Pensioners in St. Petersburg from July 1, 2021
Returning a product without packaging of inadequate quality
Returning a defective product is possible throughout the entire warranty period determined by the manufacturer and/or seller. An exception is made for technically complex, multifunctional products listed in Decree No. 924: smartphones, tablets, household and garden equipment, etc. They can be returned to the store after 14 days after purchase if:
- the product is repaired under warranty for more than 45 days;
- significant, irreparable, repeatedly manifested deficiencies or those the elimination of which is unprofitable have been discovered (the costs of labor and spare parts are approximately equal to or exceed the purchase price);
- The product cannot be used for its intended purpose for a total of more than a month in any year of the warranty period. It does not matter whether we are talking about different faults or the same recurring one.
Attention,
the seller returns the defective product back to the manufacturer or supplier. The law does not impose requirements regarding appearance for such things, so the box, packaging and wearing parts do not need to be included with the returned product.
Packaging is required if it is an inseparable part of the product or if the manufacturer has specifically warned about the need to preserve it. Often such containers are marked with product markings.
How to return an item without packaging within 14 days?
During the first 14 days, the buyer has the right to demand a refund if a manufacturing defect occurs. A quality item can be returned if:
- it did not suit the client;
- not included in the list of “non-returnable” goods of Resolution No. 55;
- has not been used, its appearance and properties are preserved;
- The store does not have any items for exchange.
IMPORTANT
Products with a defect can be returned without packaging. For a quality item, it is often required as a component of the original appearance. We are talking specifically about the original packaging, and not the container that the store gave to the client for ease of transportation or protection of the purchase.
During the first 14 days, the return of even technically complex items is carried out in a simplified manner, since the basis for it is any, even small, manufacturing defect. The store has the right to organize a quality check or examination if it doubts the client’s words. Returns must be processed within 20 calendar days from receipt of the first claim and delivery of the goods.
If the box is there, but its integrity is damaged (opened or damaged)
Without defects
If you plan to return a technically complex product with damaged packaging, the seller has the right not to accept it back. If the product is not technically complex, the seller accepts it with damaged packaging or without it at all.
You can easily return the dress if it is too big for you, without providing any packaging. But in accordance with Article 25 of the Law “On the Protection of Consumer Rights”, the presentation and tags must be preserved (is it possible to return a purchase without a tag?).
With defects
If you purchased a product with a defect, you can return it with or without damaged packaging. The seller has no right to refuse acceptance. The exception is situations when the packaging is part of the product and you were warned about this in advance.
Returning a product during warranty
From the 15th day after purchase, return claims can only be made for defective items. Moreover, the disadvantage of technically complex products must be significant, irreparable, or interfere with the normal operation of the product.
For your information
The consumer has the right to present his claims throughout the entire warranty period. If the manufacturer or store has not specified its duration, it is considered equal to 2 years. The warranty period is counted from the conclusion of the transaction, and if this point is difficult to determine, from the date of manufacture of the product.
Since only defective items can be returned after 2 weeks, it is not necessary to provide product packaging. However, it should be retained and returned if such a rule is provided by the manufacturer or if it is an inseparable part of the product.
Attention
According to Art. 16 of the PLA, the store does not have the right to refuse to satisfy the client’s legal requirements on grounds not related to product defects. And packaging usually does not affect the quality of the purchased product.
Step-by-step instructions for returning goods without packaging
If we are talking about a defective item, the general procedure for returning goods without packaging is as follows:
- Go to the store with an application and goods. List the identified deficiencies and demand a refund.
- After a visual inspection, the seller is obliged to pick up the goods and fill out a report in which he describes the technical condition (cracks, chips) and the equipment. It must indicate the absence of packaging.
- Quality checks are carried out at the initiative and expense of the seller through its own service department or contractors. Its purpose is to determine whether the product contains the defects found by the client. Usually after this the store makes a return or refuses it if no defects are found.
If the consumer does not like the results of the inspection, he can organize an independent examination at his own expense, then send a pre-trial claim to the store management. If the seller does not make concessions, the client has the right to defend his interests in court.
For your information
The consumer can exchange a quality item within 14 days and return it only if the seller does not have a suitable alternative. In this case, the absence of packaging will have to be justified - to prove that this does not impair the presentation of the product, it does not need to be discounted for re-sale.
Answers
The packaging is NOT broken)) We write separately, because NOT with verbs it is written separately Always glad
explanation: the memory of the Tatar poet and public figure Gabdulla Tukay is carefully preserved in Russia and in many other countries. During his short life, he managed to leave a legacy that had a great influence on the development of the national economy. The name of the founder of new Tatar poetry now bears squares, streets and parks in various cities of Bashkiria and Tatarstan, Kazakhstan and Uzbekistan, as well as in Turkey.
The family of the merchant Galiaskar Usmanov, who sheltered Gabdulla, sent the young man to study at the madrasah of the progressive-minded philanthropists Tukhvatullin. At the same time, he attended a class where he began to read the poems of Pushkin and Lermontov. already at that time, teachers began to note the bright talent of Tukay, who tried himself in.
Tukay's works were first published in 1904. they appeared on the pages of the handwritten edition “al-gasr al-jadid” (“new century”). At the same time, the young man translated Krylov’s fables and Koltsev’s poems into Tatar. The revolutionary events of 1905 were also reflected in Tukay’s work. he actively published poems with relevant content in the “fiker” publication.
In the fall of 1907, Tukay arrived in Kazan, determined to devote himself entirely to creativity. the young talented author was able to quickly enter the circles, becoming close to the youth who united around the newspaper al-Islah (reform). During this period, Tukay’s works were published in the satirical publications “Yashen” (“lightning”) and “Yalt-Yult” (“lightning”).
Over the following years, Tukai increasingly turns to essays; in his journalism, optimism is gradually replaced by sober assessments of the rural reality of that time, and the desire to reflect sharp social contrasts. At this time, the poet also wrote such poetic works as “autumn winds”, “oppression”, “hopes of the people...”.
During the period 1911-1912, Tukay's health deteriorated sharply. however, he went traveling, first visiting Astrakhan. guest of the poet Sagit Ramiev, met the Azerbaijani public figure and writer Nariman Narimanov, exiled for revolutionary activities. Then Tukay decides to visit Ufa and St. Petersburg, where he meets Mullanur Vakhitov, who in the future will become a revolutionary.
Due to health problems, he is forced to travel to Troitsk, and then to Kazakhstan. Having returned to Kazan, despite feeling unwell, Tukay did not stop writing until his death.
the heart of the twenty-six-year-old Tatar poet stopped (2) April 15, 1913. Maxim Gorky then wrote that he died “of hunger and consumption.” The obituaries published by Kazan newspapers said that in the person of Gabdulla Tukay, the Tatars “lost their greatest national poet.”
buried in Kazan, his grave is located in the Tatar cemetery of the Novo-Tatar settlement
Source of the article: https://0tvet.com/russkij-yazyk/question5461436
Application for returning goods without packaging
The law does not provide for a mandatory form of application for a refund: it is drawn up in free written form. The text of the document must indicate:
- Where, when and for what amount the goods were purchased.
- His shortcomings. If an independent audit has been carried out, you need to refer to the expert's opinion.
- Requirements and deadlines for their implementation, which are justified by the norms of the PZPP and the Civil Code of the Russian Federation. If the funds were paid from a bank card or account, you must provide their details.
Please note:
The addressee of the claim is the organization or individual entrepreneur who sold the product. Their details must be issued upon the buyer’s first request; they are always present on the receipt. It is recommended to inform the store that the client is ready to fight for his rights, if necessary, in court and Rospotrebnadzor. It is better not to focus on the lack of packaging of the goods.
An application for returning goods without packaging is submitted to the seller in 2 copies. The client takes the second one with a note of acceptance.
Applications for returning goods without packaging can be found here or here.
Returning goods without receipt and packaging
It is advisable to attach a copy of the receipt to your application for returning goods without packaging. Its absence is not a reason to refuse a return (Clause 5, Article 18 of the PLA).
Additional Information
In large retailers, where sales are carried out using accounting programs, when returning goods without a receipt, you can re-print the sales receipt. In any store, the receipt and release of items into the warehouse can be traced using serial numbers, markings and invoices. Instead of a payment document, a warranty card with the seller's seal, an acceptance certificate, and witness statements are accepted.
It will be considered illegal to refuse a return only due to the lack of a receipt and packaging as evidence of the sale (however, it is legal if the original packaging is important for preserving the presentation of the product).
DIY gifts - ideas and master classes for beginners
How to wrap a gift in an original way. There are many articles written on our website that you can find in the “Gift Wrapping” section. Here is another way - an original combined packaging of two types of paper. We will not give recommendations on choosing the type and color of paper, because everyone has their own capabilities and tastes. It is advisable that one paper be of a single color, in which case the packaging will not be full of different varieties.
We recommend reading: who is responsible in an accident?
Arbitrage practice
As a rule, returning a defective product with or without damaged packaging does not raise any questions for sellers and buyers. More interesting is the practice of purchases whose quality corresponds to the declared quality, when the parties, through the court, determine the importance of packaging for preserving the appearance of the product.
Thus, a resident of the city of Khimki purchased a roll of wallpaper wrapped in factory-made polyethylene. When she got home, she cut it open. It turned out that the color didn't match. The store refused to accept the roll due to the torn packaging. The court supported him: once opened, the wallpaper was not subject to sale; without unwinding them, it was impossible to establish for sure that they were not damaged or cut (resolution No. 2-23/2012 of December 12, 2012, Khimki).
In another case, a buyer asked for a refund for a flip case for a cell phone. He immediately threw away the branded plastic packaging. The accessory was of good quality, but did not fit. The court ordered the store to make a return, since there were no visible signs of use on the case and the nature of the goods allowed it to be sold without packaging, from the display case (decision No. 2-312/2014 of April 17, 2014, Yekaterinburg).
Returning goods without packaging to IKEA
IKEA has very humane return policies: you can get your money back for a purchase within 1 year, even if the product simply doesn’t fit. There is no need to return the packaging. The only condition is that the product must not be in use.
Attention
Exceptions are made for bedding of appropriate quality. You can check whether pillows and blankets are comfortable for resting and sleeping within 14 days; test mattresses for strength - 90 days. The buyer has the right to exchange such products, and only if the suitable model is not in stock on the day of the client’s request, IKEA will return the money.
What does it mean that the original packaging has not been damaged?
We recommend following the following procedure for receiving cargo from the carrier, which will increase the likelihood of successful resolution of disputes. Determine whether the cargo belongs to your company based on the labels on the boxes. Check whether the number of places according to documents corresponds to the actual number of places. Inspect all places for any external damage or signs of tampering. Inspect the factory packaging of the goods that are not protected with special tape.
On the 10th day, the client wants to return the product of proper quality, but without packaging. We sold brake discs (from the supplier, which came in the original all chewed packaging, we put them in another box and gave the client 2 boxes (the original and our sorting box). After 10 days, the client came and said - the discs did not fit, return the money. Packaging He doesn’t have (the original) (threw it away), one disc is clearly oily, but the discs are intact, the consumer properties of the discs are preserved.
