Is it possible to return shoes without a receipt and box, and within what time frame?

Home/Warranty/On shoes by law in 2021

When buying shoes, a person hopes that they will last a long time. However, in practice this does not always happen. The reason that the product has become unusable may be a manufacturing defect. The shoes come with a warranty. If a manufacturing defect is discovered in 2021, by law the consumer has the right to exchange or return funds. The guarantee must be established in accordance with the requirements of current legislation.

Normative base

The guarantee is established on the basis of the consumer protection law. The regulatory legal act provides a whole range of opportunities to assert rights if they have been violated by the manufacturer or seller. In accordance with Article 5 of Federal Law No. 2300-1, the manufacturer must establish the service life of shoes. It represents a period of time during which a product must retain its qualities and serve properly if it is used for its intended purpose. In 2021, the manufacturer is legally responsible for product defects.

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.

IMPORTANT

Additionally, the law establishes the warranty period for shoes. It represents a period of time during which the buyer has the right to make a claim if there are defects in the goods. In 2021, the right is fixed in the articles of the above-mentioned legal act.

In 2021, the buyer has the right to demand from the seller information about the manufacturer of the shoes. Article 8 of the Federal Law “On Protection of Consumer Rights” obliges to provide information. In accordance with Article 9, the manufacturer of the product is obliged to provide the consumer with the following information:

• product name;
• address;
• availability of state registration;
• Work mode.

Attention
Shoes are manufactured in accordance with GOST requirements. It reflects the duration of the warranty. For winter shoes it is 30-90 days. The exact period depends on the type of product. At his own request, the manufacturer has the right to extend the period established by law. However, the guarantee should not be less than the GOST requirement.

Is it possible to return shoes to the store without a cash receipt - procedure

It happens that the choice made in the store or at home seems erroneous and reckless. The purchased pair of shoes does not match the color, the shoes squeeze the foot, the heel turns out to be unstable, and a significant defect is found in the product. In all of the above cases, the buyer has the right to take the new item to the retail outlet and get his money back. Is it possible to return shoes without a receipt? Yes, but the fact of purchasing the goods will have to be proven.

If you are asked for a receipt to make a refund, there is no reason to be surprised. This is a primary document subject to strict reporting for the store. It contains information about the moment of completion and details of the transaction.

Consumer rights

If a person bought low-quality products in 2021, during the entire warranty period of the shoes he has the right to contact the seller with one of the following requirements:

• free elimination of defects in shoes or reimbursement of costs for the process;
• replacement with another product of the same brand;
• proportionate reduction in cost;
• refund for shoes;
• replacement with a product of a similar brand.

Please note:
Initially, you should ask for shoes to be replaced under warranty. It must be similar or in the same price category as the original purchase. Refunds are made only if the seller cannot replace the defective product with an analogue. It is necessary to contact the organization with a claim if defects are identified in the occurrence of which the buyer is not involved. The seller may send the goods for examination. Based on it, a decision will be made to approve the client’s requirements or refuse to satisfy the claim.

Warranty period for various types of shoes in 2021

The length of the warranty in 2021 directly depends on the type of shoe. The deadline is set in accordance with GOST standards. It will be:

• minimum 30 days for a child’s room;
• 60 days for sports;
• 60-90 days for a model.

Gradation is carried out in accordance with the material used to manufacture the product. If the sole of the shoe is made:

• made of leather, the duration of the guarantee will be at least 50 days;
• leather-like rubber - at least 70 days;
• porous rubber or polyurethane - at least 80 days.

Attention
By manufacturing a product, the manufacturer implies that the citizen will use it for its intended purpose in accordance with established requirements. If violations are detected, this will lead to a refusal to exchange shoes under warranty or return the money.

It is believed that a person should use shoes only in the appropriate season. This fact has an impact on the warranty start date in 2021.
By law, the shoe warranty will begin on the first day of the season.

What is a warranty case?

The list of cases in which you can contact the seller to return shoes under the 2021 warranty is strictly defined. The reasons for filing a claim may be:

• a crack on the sole;
• staining defect;
• seam rupture;
• curvature of seams.

IMPORTANT
The seller has the right to order an examination of the shoes. It must be carried out within 20 days from the date of receipt of the complaint (Clause 1 of Article 21 of the Law on PPP).

You can exchange or repair shoes under warranty even if the period has expired. To do this, within 2 years (in accordance with clause 5 of Article 19 of the law on ZPP) from the date of purchase, you need to carry out an examination and prove the presence of a manufacturing defect.

Returning defective shoes without a receipt

There are off-season shoes, which include home shoes, sports shoes and office shoes. The warranty period for such shoes begins to flow according to the general rule: from the moment of purchase. Art. 19 of the Law establishes that the warranty period for a seasonal product, which includes some types of footwear, is calculated at the onset of a specific season, the period of which is determined by the relevant constituent entity of the Russian Federation, taking into account the climatic conditions of the place where the consumer is located.

The first thing you will need is evidence that the purchase was made in this particular place. This purpose can be served by any documents on the basis of which the date of purchase and the place where it was made can be determined.

What is not covered under warranty?

Sellers do not always agree to honor warranties under the 2021 law. A refund or exchange of shoes under warranty may be refused in the following cases:

• the shoes were of high quality;
• the product has lost its presentation;
• the buyer carried out the repairs independently;
• the product has been damaged by weather conditions;
• the person misused the product;
• There is a presence of mechanical damage, the appearance of which is the buyer’s fault.

Please note:
Returning shoes to the store under warranty must be clean and dry. In another situation, it will be impossible to exercise the legal right.

Marking of residues and putting into circulation

Can everyone receive a simplified marking code or is GTIN mandatory for imported shoes?

— If you are a retailer, you can request a simplified code rather than a GTIN. If you are a manufacturer or importer, then you need to request the full code and for this you will need a GTIN.

What is GTIN

GTIN (Global Trade Item Number) is an international identifier that encodes all the attributes of a product: TIN of the manufacturer or importer, manufacturer’s article number, name of the product, type of product (product group), brand (trade mark), type of upper, lining and sole materials.

To request codes in the "Honest Mark", importers must indicate only the GTIN, that is, all information about the product, in the application. For Russian footwear, you can request codes using a simplified scheme: indicate in the application only the TIN of your company, the type of footwear (men's, women's or children's), the first two characters of the Commodity Nomenclature of Foreign Economic Activity and the method of putting into circulation (manufactured in the Russian Federation or imported into the Russian Federation).

What should sellers do in markets with Chinese goods? Label?

— Yes, when selling shoes in markets, you also need to label all shoes sold.

Should a retailer label the remaining shoes in the store?

— Yes, all sellers (wholesale and retail) must apply labels to unmarked balances before March 1, 2021. Without this, it will not be possible to sell the goods after March 1st. You can sell off unlabeled stock by this date to avoid having to label it yourself.

What information needs to be submitted to Honest Sign to receive the code? When requesting codes for inventory balances, will it be necessary to indicate purchase prices and the origin of the goods?

— There is no need to indicate the price, and the origin of the product can be written in a simplified manner by choosing one of two options: produced in Russia or imported to Russia. In addition to information about the origin, you must provide in the application the applicant’s Taxpayer Identification Number (TIN), the type of footwear (for men, women, children), the first two digits of the HS code (clause “b”, clause 34 of the Government of the Russian Federation of July 5, 2019 No. 860).

Do I have to pay to receive marking codes? How many?

— One marking code requested in the “Honest Sign” costs 50 kopecks. The Kontur.Market service takes on these costs if you use the “Marking” modifier in the service.

If there are no documents for the remains of shoes, how to label the remains?

— Even if there are no documents for the balances, you will still be able to provide the necessary information in the application for receiving codes. It will not be difficult to determine which HS code the product belongs to, whether it is men's, women's or children's shoes, whether they were produced in Russia or brought from abroad. This is everything you need to know about the product to request a simplified code.

What is the method of putting into circulation? Where can I see the HS code?

— There are two options for putting them into circulation: labeling of imported goods (codes are pasted before entering customs) and labeling of Russian goods. HS codes for all marked shoes begin with 64 (from 6401 to 6405), the codes are listed in the list of the Government of the Russian Federation of 07/05/2019 No. 860.

If we buy goods through an agent, who will be indicated in the “current owner” column? Agents are not the owners of the goods, but intermediaries.

— The agent does not take ownership, but helps the supplier and the recipient to conclude a deal. Initially, the owner of the cargo will be the supplier, and after the transfer of ownership, the recipient will be the owner. In this case, the agent is not registered in the “Honest Sign” and does not become the owner of the goods.

When labeling residues, is it necessary to indicate a cargo customs declaration (CCD)?

— It is necessary to indicate that the goods are imported, but there is no information yet that a declaration is needed.

We work on government tenders. Do we need to label products?

— There are no separate requirements for state auction participants yet, so we can say that the same requirements apply to you as to other participants in the footwear market. This means that you need to register with the “Honest Sign” and label your balances.

When registering balances, is it necessary to mark the product if it has already been marked previously by the supplier?

- No. If the product is already marked, then there is no need to apply an additional code. All you have to do is inform “Honest Sign” that you have become the owner of this batch of goods.

Do labels need to be printed on special printers? Or any format of adhesive label?

— Labels can be printed on different printers. Special printers output a ribbon with labels, while regular printers can print on A4 adhesive paper that has cut-outs for labels. There is no rigid label format. It is important that it is not too small, otherwise the scanner may not count it. We also recommend that in addition to the code itself, print the name and article number of the product on the label. This will help you match the printed labels to the shoes you want to apply them to.

We order codes from Honest Sign for leftovers. How do we get these codes? Do we print it ourselves or do you send it ready-made? Do I need additional equipment to print codes?

— Kontur.Market will receive codes from the “Honest Sign” in the form of symbols, and then generate codes from them in Data Matrix format. After this, you can download the codes in a file, save them to your computer and send them to print. That is, as additional equipment you will need a label printer or a regular printer to print codes on A4.

How to get simplified codes from an honest sign? Describe each pair?

— For requesting codes, the CRPT has set a deadline: from 11/01/2019 to 03/01/2020. Probably by October there will be clarifications on exactly how to create a request for codes. What is known now: it will be possible to submit an application through the “Honest Sign”, indicating the TIN of the company, the type of footwear (for men, women or children), the first two signs of the HS (64) and the origin (imported goods or Russian-made). For each unit of goods (a pair of shoes) you need a unique marking code, which means that each unit will need to be described.

Warranty for winter shoes

To take advantage of the legal winter boot warranty in 2021, you'll need to be prepared. The buyer must have identification with him. Additionally, you will need to file a claim. The document is drawn up in 2 copies. One of them is given to the organization where the purchase was made, and the second remains with the buyer.

Attention

Any employee at a shoe store can accept the paper. He must pick up the copy intended for the seller, and put an acceptance mark on the buyer's form. Consideration of the application depends on what exactly the consumer requires from the seller. If the money is returned, the claim will be considered within 10 days (Article 25 of Federal Law No. 2300-1). If the exchange is 7 days, if the exchange of shoes with examination is 20 days (Clause 1 of Article 21 of Federal Law No. 2300-1). If there is an exchange, but the product is not in stock - 30 days (Clause 1, Article 21 of Federal Law No. 2300-1). When the deadline comes to an end, the seller is obliged to provide an answer.

Is it possible to return shoes without a box but with a receipt?

__.__.20__ between me and _______________________ (indicate the name of the seller) a contract for the purchase and sale of shoes was concluded: _______________________ (indicate the name, size, model and article if available, for example: “men's low shoes Santi Nonna, size 43, article: ABC-123, black). The price of the shoes was 5990 rubles, which was paid in full by me.

We recommend reading: Transport Card for Pensioners Under 60 Years of Age

To: _____________________ (name of the legal entity/IP of the seller) ____________________ (OGRN/TIN of the seller) ____________________ (address of the legal entity/IP of the seller) From:_______________________ (Full name of the buyer) _______________________ (address for sending a response) _______________________ (telephone number buyer for contact)

Return and exchange of shoes under warranty in 2021

If a person purchased low-quality shoes, in order to return under warranty in 2021, a number of actions must be completed:

1. Prepare to visit the seller. According to the law, the buyer must find a warranty card, a cash receipt (in accordance with Article 18, paragraph 5 of the ZPP law, the presence of a cash receipt is not a prerequisite) and take the shoes with them. It should be dry and clean. Additionally, it is recommended to find the box in which the product was sold and the labels. However, their absence will not be an obstacle to returning shoes under warranty in 2021.
2. Fill out the claim. The form of the form is not established by law. However, it must contain a number of mandatory information. In order not to encounter difficulties during the filling process, it is recommended to use a ready-made sample.
3. Visit the store where the purchase was made and submit a claim. You need to have your passport with you. By law, the seller must review the claim and accept it. The corresponding mark is placed on the consumer's copy. If store employees refuse to accept the document, in 2021 the paper can be sent by mail. The document must be sent by letter with notification of receipt.
4. Send your purchase for examination. The action is performed at the expense of the seller. However, the buyer can independently order a product examination for defects, and then send the results to the organization that sells the product. In this situation, payment for the examination will have to be added to the requirements.
5. Wait for the seller's final decision. 20 days are allotted for consideration of the claim. When the deadline expires, the organization is obliged to respond.

Return if the sole comes off

In 2021, the sole is considered peeled if it has moved away from the top of the skin to a depth of more than 3 mm and a width of 1 cm or more. In this situation, the law allows for a return under warranty. The procedure will be performed in accordance with the classical scheme. A person will have to prepare the purchased shoes for return and contact the seller. It will be sent for examination. If it is confirmed that the damage was not the fault of the buyer, the store is obliged to exchange the product for a similar one, make free repairs or return the money.

For your information

Refusal to satisfy the requirements may become a reason for going to court. Before filing a claim, it is recommended to prepare an evidence base. In 2021, the buyer has the right to independently examine the shoes by contacting a competent organization. The result of the study must be attached with another document confirming the citizen’s correctness. The final decision will depend on the individual characteristics of the current situation.

Rights and obligations of the buyer

According to the Law of the Russian Federation and its new version, adopted quite recently, consumer rights have become even more protected than before, and in many cases the articles of the law are on the buyer’s side. There are also public organizations for the same protection, which now receive a percentage of the fine imposed on the unscrupulous distributor, seller, importer, or their sales representative, and they will willingly help restore the rights of the buyer in several cases provided for by law:

• the product was purchased of poor quality, and the defect presented in the store is not the result of the actions of the person who paid money for it, which passed through the cash register;
• if we are talking about children's shoes made from improper material that poses a health hazard (this can be proven with the help of an independent examination), or they were purchased without trying on and did not fit;
• Returns are possible on the same day, and within another two weeks (14 days), if the pair is unworn and its sales packaging is kept in its original form, for any reason - the color, size, heel, style, model are not suitable, they are rubbed, not satisfied with the quality;
• an absolutely hassle-free option would be an exchange, which will be offered in the store as the only possible one, if the buyer does not categorically insist that he wants to return the money spent;
• The buyer has the right to return a quality product, or exchange it in the same store, provided that the packaging (box) is preserved and a receipt for payment is issued.

The same situation remains true when purchasing at the market, even if there is no cash register at the outlet. True, you will have to tinker a lot if the seller is caught unscrupulous, and by that time he has run out of the purchased goods. But even in this situation, there is a prescribed and legal way out: it will require a witness who will confirm that the shoes were purchased at the specified time and at exactly this point.

In a store, the consumer has the right to return the product if a manufacturing defect is detected, and such shoes are no longer available in the assortment, or, by mutual agreement with the seller, agree to postpone the deadline for exchange if it is expected to be received again.

If the purchase of shoes was using a card

If payment for the goods was made in cash, the procedure for returning shoes is not complicated. The citizen will have to contact the seller. If the buyer is right and the defect arose due to the fault of the manufacturer, the goods are exchanged or cash is provided.

Paying for shoes by card complicates the procedure. In accordance with the law in 2021, warranty returns in this case are carried out according to the standard scheme. However, in most cases it will not be possible to receive funds in cash. This is because the cash register records how shoes are purchased. Changing the form of payment will cause problems.

IMPORTANT

Tax legislation prohibits the return of funds from the cash register for goods purchased using a bank card. This will be regarded as misuse of funds. If a tax audit is carried out, the fact of violation of the law will become publicly known. This will result in sanctions being imposed on the store. The organization may be issued a fine of 50,000 rubles.

An additional obstacle is the agreement concluded between the seller and the bank. The document clearly describes the procedure for returning money. Typically, a financial institution prohibits the return of cash from the cash register for shoes purchased with a card. The store is unlikely to violate the requirements.

For your information

If the payment was made by card, this will increase the refund period. A person will have to attach 2 checks to the set of required documents. One of them confirms the fact of purchase, and the second confirms the debiting of funds from the card. You must have a means of payment with you. It will be needed to verify the number. If the store agrees to return the funds, they will be credited to the card. In this case, the return period is standard and should not exceed 10 days from the date of application.

However, in practice, the procedure may take a long time. The period can be 3-40 working days. The buyer has the right to contact the store’s accounting department and find out when the application for a refund for the shoes was submitted to the bank. Based on this date, you can calculate when the funds will arrive on the card.

Is it possible to return shoes without a box but with a receipt?

• passing off a Chinese-made product, for example, as made in Italy;
• offer demi-season shoes instead of winter ones;
• intentionally convince the client that the product is made of genuine leather, although in fact substitutes were used for its production;
• omit information that the model is not intended for everyday wear.

If the product was purchased in an online store, it is much easier to prove the purchase. Debiting funds from the card for non-cash payments is reflected in the bank statement. If the payment was made through terminals, the payment is confirmed by a report that the store management sends to the client’s e-mail. Information about delivery times and costs of ordered products is also sent by email.

25 Jul 2021 jurist7sib 203

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If shoes were worn

You can return worn shoes under warranty to the store in 2021 if the person is able to prove the presence of a manufacturing defect. For this, an examination needs to be carried out. Usually it is paid by the seller. However, the action can also be performed by the buyer. In this situation, the list of claims can also include a refund for the examination. If the client is proven right, but the seller stubbornly refuses to make a refund under warranty, the person can go to court.

Additional Information

If you cannot prove the presence of a defect, you will not be able to return the purchase to the store. However, it is worth taking individual reasons into account. You can talk to a lawyer and find out if you can make a refund.

Seller's responsibility

In 2021, the seller is financially liable under the manufacturer's warranty. He is obliged:

1. Fulfill warranty obligations if it is proven that the product has a manufacturing defect.
2. Carry out repairs at the store's expense. The warranty period is extended by the period during which the shoes are repaired.
3. Refund the money if it is not possible to replace the product with a similar one.
4. Within 14 days from the date of purchase, accept new products that for some reason do not suit the buyer. Shoes must retain their presentation. All labels and tags must remain in place.

Refusal to comply with the buyer's legal requirements may result in the seller being brought to administrative liability.

Withdrawal from circulation

When we put the remaining balances into circulation with simplified codes, is there any deadline for selling these remaining balances?

— Earlier regulations stated that products with simplified labeling codes could only be sold for two years. The latest decree No. 860 does not set this period; you can sell products with simplified codes for an unlimited time.

If I received a marked product and did not accept it through the system, can I sell it?

— Yes, you can sell such a product until March 1, 2021, because before this date, the withdrawal of labeled goods from circulation through the cash register is not mandatory. If you did not manage to sell the marked products by March 1, you need to notify Honest Sign that you are the owner of this product. The regulator has not yet explained how to do this.

How will the marriage be written off?

— In the write-off act, you will need to indicate all the codes of the goods that are being withdrawn from circulation by write-off.