Home/Returns and exchanges/Term for returning money to the card
Often, upon returning home with a purchase, a discrepancy in size is discovered, or the item is of poor quality. If the purchase does not meet certain characteristics, it can be returned to the retail outlet. For goods paid for in cash, the seller gives the money immediately. Certain difficulties arise if the purchase was purchased using a plastic card.
Attention
In this case, the buyer does not have to wait for a quick transfer of money back; the return to his card is carried out within 30 days.
Normative base
In accordance with Art. 25 of the Law “On the Protection of Consumer Rights” dated 02/07/1992 N 2300-1 (as amended on 05/01/2017) and part 2 of Art. 502 of the Civil Code of the Russian Federation, the buyer has the right to request the exchange of a new item of proper quality, but not meeting the following characteristics:
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- form;
- style;
- size;
- colors;
- configurations
IMPORTANT
The exchange must be made for a strictly similar product if it is currently on sale at the point of sale. If the store cannot provide a replacement for an unsuccessful purchase, the consumer has the right to return it and receive his money on the card.
The legislation, in accordance with paragraph 2 of Article 25 of the Federal Law “On the Protection of Consumer Rights,” obliges entrepreneurs to satisfy the buyer’s demand for reimbursement of the amount paid for a quality item that did not meet certain criteria within three days.
For your information
If the item turns out to be defective, then, as follows from Article 18 of the above-mentioned law, the seller is obliged to reimburse the buyer if he filed a written claim. In this case, Art. 22 of the Federal Law “On the Protection of Consumer Rights” gives the entrepreneur 10 days to satisfy the consumer’s request.
According to Federal Law No. 54 of May 22, 2003 “On the use of cash register equipment when making cash payments and (or) payments using electronic means of payment”, you can receive money for a purchase purchased by non-cash method only to the bank card with which the payment was made payment. The basis will be the return receipt. It will be illegal to issue the purchase amount in cash.
Attention
In practice, the money used to pay for the goods can be returned to the card within 30 days. The procedure for transferring funds to the client’s card is determined in a written acquiring agreement between the bank and the retail outlet.
The seller, within the time limits provided by law, provides an application and a return certificate to the bank. The time it takes to fulfill a buyer’s request depends not only on the store’s accounting department, but also on the work of intermediary financial organizations.
The nuances of returning money for goods with non-cash payment
In accordance with the provisions of Federal Law No. 54 (latest edition 2021), when paying in cash or electronic money, the refund to the buyer takes place in a similar form. In other words, if the consumer paid for the goods with a bank card, then when returning the items to the store, transferring money is impossible in hard currency. For the accounting department of an organization, a transaction is carried out on the basis of a receipt and a receipt and debit order. Therefore, issuing the amount in cash is unauthorized.
Bank card
The period for returning money to the card when returning goods depends on the financial institution.
The table shows a list of different banks and the period for the reverse transaction of funds.
Table 1.
Name | Average terms, days | Note |
PJSC "Sberbank" | up to 30 | There is an opportunity to quickly return the money. You must contact the organization's hotline and ask the operator to cancel the payment*. |
PJSC "VTB24" | 10-12 | |
JSC Tinkoff | Circumstances influence the increase in period. The maximum time established by the legislator is 40 days. | |
JSC Alfa-Bank 14 | 14 | |
PJSC "Leto-Bank" | 15 | |
PJSC "Sovcombank" | 40 |
*When contacting an institution, you must provide the employee with control information proving the person’s identity. You can return the money to your card within three calendar days.
Sberbank in 2021 remains the largest financial institution in Russia. Thanks to stability and reliability, over 1,000,000 people have already become users of the institution. Although, according to the law, a refund upon delivery of goods must take up to 40 days, the bank promptly cancels the transaction. In such situations, the speed depends on the actions of the citizen, as well as the acquiring bank with which the store works.
It is noteworthy that Sberbank cardholders have the right to independently cancel a transaction on the portal or through the application. However, the function is available if the icon next to the payment is “Executing”. When you click on the icon, an additional menu will pop up. You need to click “Cancel” - in this case, the funds will be returned on the same day.
Online wallet
Refunds for defective goods on the basis of Articles No. 22 and 23.1 of the law on protecting the interests of buyers must be carried out within 10 days. Satisfaction of requirements occurs in accordance with the submitted application to the administration of the organization.
If the store ignores consumer rights and refuses to return the amount transferred for the products, the citizen is authorized to receive compensation. The procedure for paying penalties is covered in Article No. 330 of the Civil Code of Russia. The refund amount is 1% for each overdue day.
The only caveat is that the penalty is received as part of filing a claim in court. When seeking legal services to represent interests in a higher court, you can recover all costs for initiating the procedure.
Possibility of cash refund when paying by credit card
The Federal Tax Service of the Russian Federation sets strict restrictions for trading enterprises on the return of money. Thus, it is impossible to return funds to a bank card when paying in cash, including vice versa.
The provisions of Federal Law No. 54 (with the latest amendments and additions in 2021) regarding the use of cash register systems for cash payments or electronic means establish regulations. Thus, between the consumer and the seller, the return of money is allowed only in the form in which it was credited to the organization’s account. The basis for completing a transaction is a payment receipt.
If an inspection by the Federal Tax Service of Russia reveals violations in this area, sanctions are imposed on the store. For misuse of funds, the fine is 50,000 rubles.
Watch the video: “How to return money to a bank card when returning goods.”
The Central Bank of Russia, in official letter No. 266-P dated December 24, 04 and No. 34-OR dated September 28, 09, established that the organization does not have the right to transfer money from the cash register to a bank card when returning products. In the agreement between the financial institution servicing the organization’s terminal, these conditions are specified. The trader does not have the right to violate legal provisions to satisfy the wishes of the client.
Is it possible to return money if the card has changed or make a transfer to another person’s plastic card?
According to Article No. 861 of the Civil Code of Russia, settlements between individuals and legal entities can be carried out through electronic format, as well as in cash. The first option establishes the transfer of payment through financial institutions or banks.
The provisions of Article No. 502 (clause No. 1) of the Civil Code of Russia allow the consumer to exchange non-food products, if they are not suitable, within 14 days. If it is not possible to transfer another similar product to the user, a refund procedure is initiated.
The transaction is canceled to the citizen’s bank account or card. The basis is a statement if the plastic was lost, damaged or closed.
In this case, the store employee needs to take the following steps:
- Receive and register a citizen's application. The text of the document must contain bank details and the card number to which the funds should be returned.
- Give the user a cash receipt with notes indicating the return of the receipt for subsequent payments.
- Enter the information into the payment register or online amount journal of the acquiring institution. The organization enters into an agreement with the store, which specifies the conditions for conducting settlement transactions for products.
Refunding money when paying by credit card - step-by-step instructions, like a look from the inside:
- The acquiring bank transfers funds to the issuer of the consumer's payment system within 1 business day. In this case, the reference date is the next day after the operation according to the register or online journal.
- The issuing organization is charged with transferring money to the citizen by restoring the account limit.
The following rule applies - the consumer fills out an application indicating new details to receive funds for returning the goods. However, documentary notification must occur on behalf of the cardholder, and not his representative or third party.
Please note: the store can consider a claim no more than 10 business days from the date of registration of the claim.
Reimbursement of funds and the need to satisfy the application are enshrined in Article No. 26.1 of the PLA. In this case, the amount of compensation is credited in the same way as the purchase of the goods. An exception is the submission of an application indicating other details.
Refund to card when purchasing online
Provisions of Art. No. 26.1 PZPP establish the procedure for the relationship between the store and the buyer. A separate regulation has been approved for distance selling, but is an addition to current laws. The article states that online trading platforms are required to notify the client in writing about the procedure and conditions for returning products.
If a citizen is going to buy an item in the virtual space, then if the quality is unsatisfactory, he has the right to refuse within 7 days. In this case, the days are counted from the moment the parcel is received.
If there is no information in the box about the rules for returning the goods, then a request for the return of the model can be put forward until 3 months have expired. In this case, it is allowed not to give explanations or indicate reasons, as stated in Article No. 26.1, Clause No. 4 of Federal Law No. 2300-1.
When deciding to cancel a purchase and sale transaction with a remote store, a citizen is obliged to perform the following actions:
- Submit your payment receipt.
- The item has the proper appearance, has retained its consumer properties and the tags installed by the manufacturer.
- Send the order back to the organization at the address specified in the documents.
- When receiving a parcel, it must contain a return form and a certificate. The paperwork is filled out by the user. One copy is given to the store, the second copy remains with the consumer.
Please note: when the money for the purchase is returned, the seller has the right to deduct the amount for transporting the goods. If payment for the goods was made by bank transfer, then the funds are credited to the applicant’s account in a similar way. You need to wait for the operation to be completed no more than 40 days established by the legislator.
Step-by-step guide: “How to return an item purchased online and get a refund.”
If there is nothing wrong with the product, but it doesn't suit you.
If the product is of poor quality.
Time limits for resolving a claim.
When is it possible to return money to the card?
For any reason, the consumer can return an item of proper quality that is not suitable back to the store, having received his money on the card, no later than two weeks from the date of purchase. This period is counted from the second day of purchase. The seller is required to satisfy the buyer’s written request for a refund of the amount of money for the goods on a plastic card within three days.
For your information
If a new item is found to be defective, it can be returned to the store throughout the entire warranty period or expiration date. It is counted from the date of purchase. If an item is found to be defective but does not have a stated warranty period, it can be returned within the first two years of use. This is stated in Art. 19 of the Law “On ZPP”.
You can return an item to the store only under the following conditions:
- presence of a receipt (if it is lost, the testimony of the persons present at the time of purchase is sufficient);
- the presentation of the purchased item; it must be unused at the time of return;
- safety of all tags, factory labels or seals.
Additional information
But not all types of goods can be returned to the store and get your money back. There are legal restrictions on returns and exchanges of certain products.
Items that cannot be returned or exchanged:
- medicines, personal or children's hygiene items;
- perfumes and decorative cosmetics;
- fabrics and textiles;
- cable production;
- materials for construction and repair, which are sold by the meter;
- stockings, socks and underwear;
- dishes and cutlery made of plastic;
- household chemicals;
- furniture;
- cars, motorcycles and bicycles, as well as watercraft;
- jewelry;
- complex technical equipment;
- weapon;
- plants and animals;
- books and magazines.
Attention:
Money paid for a purchase purchased using a plastic card is returned exclusively to the same card. It is not possible to receive payment in cash.
Step-by-step instructions for returning goods with subsequent crediting of funds to the card
It happens that unscrupulous sellers do not want to satisfy the request to return funds to the card. If the buyer has every reason to demand his money back, the seller is obliged to satisfy this request, regardless of the method of payment for the goods.
If there is a need to return goods, you must:
- Come to the store no later than two weeks from the date of purchase, in the case of an item of proper quality, or during the entire warranty period if the item is defective.
- Show a receipt from a bank terminal or cash register.
- Show a copy of your passport.
- Write a return request.
- The seller must draw up an invoice in 2 copies using the example of TORG-12, indicating the store’s data in the “recipient” column, and the buyer’s data in the “sender” column.
- If a defect is discovered, both parties must inspect the product and draw up a corresponding report.
- The seller may ask for the card number for further transfer of this data to the accounting department.
The return application must be written to the director of the trading establishment. It contains the data of the dissatisfied consumer, the name of the product in accordance with the receipt, its cost and the reason for the return. In the document, it is important to indicate the essence of the request and the account number of the card with which the purchase was made. The return application is a confirmation for the tax authorities that part of the proceeds was returned to the buyer and was not used for other purposes.
Why doesn't the money come right away?
According to clause 2 of Article 25 of the Federal Law “On the Protection of Consumer Rights,” the store is obliged to satisfy the consumer’s written request to return money for a quality item that turned out to be unsuitable due to certain characteristics within three days.
The store must satisfy the buyer’s claim to return a defective item within 10 days. This is stated in Art. 22 Federal Law “On Protection of Consumer Rights”.
For your information
If the item was purchased in cash, this happens and the money is returned to the buyer immediately. Returning funds by bank transfer involves a number of transactions and takes a longer period. Several organizations are involved in the procedure for returning money for goods to the card: the financial service of the store and banks working with opponents of the dispute.
The process of transferring the refund to the consumer's card:
- To begin with, the store's accounting department sends a duplicate request for reimbursement of funds from the buyer to the financial organization, which, under an agreement, is engaged in servicing cashless terminals at the point of sale.
- Then the bank employee must check the received document for errors and accept it for processing.
- After registering the application in the system, the servicing bank must transfer the age amount to the current account of the financial institution to which the client’s card belongs.
- Next, the bank directly transfers the amount of money to the card of the person requesting the refund.
Attention
In accordance with the legislation of the Russian Federation, money for goods that were returned to the store is credited to the buyer’s card no later than 30 days. If the seller delays the deadline for providing a refund for the purchase, he is obliged to pay the consumer a penalty in the amount of 1% of the cost of the goods for each day of additional waiting (Clause 1, Article 23 of the Law “On ZPP”).
Refund deadlines under the consumer protection law
The refund period under the Consumer Rights Protection Law requires stores to satisfy claims within three days. Refunds for purchased goods will be made in the same format in which the purchase was paid for. At the same time, a separate procedure is required for the procedure for handing over items.
For example, if the product is defective or defective, then Art. No. 18 PZPP indicates that money is transferred to the consumer on the basis of an application. Federal Law No. 2300-1 establishes in Article No. 22 a period for satisfying a claim within 10 days.
However, in reality, funds for paid for defective goods are returned to the card in about 30 days. The response period depends on the bank. The transfer procedure and conditions are determined based on an agreement between the financial institution and the store.
Current laws state that banks must transfer money to a citizen’s personal account when returning items within one month. The reference date is the moment of registration of the claim. However, financial institutions such as Sberbank conduct the transaction within 3-7 days. Thus, the average period for returning money to the card is 3-40 days.
Please note: the consumer has the right to independently calculate the time within which the funds will be transferred to the personal account. For example, it is permissible to contact the store’s accounting department to clarify information about transferring the claim to the bank. After this, 40 days should be counted.
Return period
Banks are required to transfer money to the buyer’s card for returning the goods within thirty days from the date of submission of the application. In practice, commercial banks carry out transfers in a faster time frame, from three to seven days. Sberbank of Russia, as a rule, returns funds much longer, up to 5 weeks.
For your information
The average refund period for an unsuccessful purchase ranges from 3 to 40 days.
The buyer can himself calculate the period during which the funds will be returned to his plastic card. To do this, you need to contact the accounting department of the store where the purchase was made and clarify on what date a copy of the consumer’s request was provided to the bank. Then, from this date, count 40 days.
Actions of the consumer if the store is delaying deadlines or the money has not arrived
According to Art. No. 25 of clause No. 2 of the PZPP, the organization is obliged to accept and fulfill the citizen’s demands for a refund for the proper product. If serviceable products are not suitable for subjective reasons, then the application is satisfied within 3 days. If there is a defect in the model, the request will be fulfilled within ten days. These deadlines are also established in Article No. 22 of Federal Law No. 2300-1.
When paying for goods in cash, the money is returned immediately upon filing a claim. The return transfer of the amount for a purchase by bank transfer provides for a certain procedure. This is due to the fact that two banks and a store are involved in resolving the issue. Due to the long chain, the period may take a long time, but no more than 40 days.
According to the current laws of the Russian Federation, funds for goods returned to the organization must be received on time. If the process lasts beyond the specified period, the buyer has the right to demand payment of a penalty. Compensation is 1% of the price tag of the goods for each day of delay. The rule is established in article No. 23, paragraph No. 1 of the PZPP.
Why can't I return it in cash?
IMPORTANT
The Tax Service prohibits organizations engaged in trading from paying money for the return of a purchase in cash if it was made using a bank card.
Federal Law No. 54 “On the use of cash register equipment when making cash payments and (or) payments using electronic means of payment” provides the procedure for payment relations between the buyer and the trading organization. It follows from this that settlements with clients must be made to the account of the bank card from which the payment was made based on the return receipt. If a tax audit reveals violations related to misuse of funds, sanctions in the amount of 50 thousand rubles will be applied to the store.
Attention
In paragraph 3 of the Official Explanation of the Central Bank of the Russian Federation dated September 28, 2009 No. 34-OR and in paragraph 1.8 of the Regulations of the Central Bank of the Russian Federation dated December 24, 2004 No. 266-P it is stated that the seller does not have the right to pay money from the cash register as a refund to the buyer who purchased the goods using a bank card. The written agreement between the bank providing services for servicing cashless payment terminals and the store clearly states this condition and the latter will not violate it to please the wishes of the buyer.
Deadline for returning money to the card when returning goods to the online store
Art. 26.1 of the Federal Law “On ZPP” dictates the rules of relations between sellers carrying out their trading activities via the Internet and buyers. The article states that a store operating remotely is required to provide information to the consumer in writing about the procedure for returning a parcel.
For your information
A person who purchased an item in a virtual store, within a week after receiving it, has the right to refuse the purchase and return his money if information about the return conditions was provided by the seller upon delivery. If the online store does not attach this document, the buyer has the right to return the goods after three months without specifying the reason (Clause 4, Article 26.1 of the Federal Law “On ZPP”).
When deciding to return an item purchased through online shopping, the buyer must comply with the following conditions:
- Present the check.
- The item must be in proper appearance, with all labels intact.
- The buyer must send the ordered item back to the seller at the address mentioned in the conditions if it is in working order, but does not meet certain parameters. The purchase is accompanied by a demand and a certificate of return of the goods. The buyer keeps one copy.
Money spent on delivery is deducted from the refund amount to the buyer. If the goods were purchased by bank transfer, the return is made in the appropriate way.
Attention
The seller is required, within ten days from the date of filing the demand, to reimburse the money for the product that did not satisfy the consumer (Article 26.1 of the Federal Law “On ZPP”). In this case, the refund amount is transferred to the bank card account from which the purchase was made.
Registration procedure
To return money to your card for an unsuitable product, when contacting the store you will have to perform the following operations :
- give all receipts and goods to the store employee (in this case, the appropriate act or invoice will be issued);
- draw up a written application in which you indicate your last name, first name, patronymic, circumstances of the return and the amount of money required for transfer (the specialist will also attach a copy of your passport to this application).
Refunds using the example of AliExpress
Money for goods purchased on the Aliexpress website is received by the seller only after the buyer confirms its receipt. During the entire delivery period, the amount of money is stored in the bank of the online store.
The main reasons for getting a refund for a purchase on Aliexpress:
- the buyer changed his mind about purchasing the goods before it was shipped;
- the seller did not manage to send the goods on time;
- the parcel did not arrive on time;
- The purchased item turned out to be defective or damaged during transportation.
Please note
: Money is returned to the buyer only after satisfaction of the dispute opened by him. Funds arrive on the card within 7 to 10 days. If after this period the money has not been received, you should contact the bank and find out the reason for the delay.
Why not cash?
It would seem that returning the buyer’s money in cash for the paid product would be the simplest and most painless solution for both sides of the interaction. But, unfortunately, Russian legislation does not allow .
Tax authorities define such cashing transactions as illegal and punish them very strictly. And, of course, no organization needs serious fines
Therefore, sellers are simply forced to return the payment exactly in the form in which it was made , that is, by bank transfer.
That is, if you purchased an item using a plastic bank card, the money for returning it can only be returned to you on the same card.
You can learn how to write a claim for a refund for a product of inadequate quality from our article.