On the territory of the Russian Federation, there is a law “On the Protection of Consumer Rights”, according to which you can return a purchased piece of jewelry made of plastic or other non-precious metals to a store. The provisions of the law detail the rights and opportunities to make a return and defend their interests.
Normative base
Art. 24 of the ZPP Law establishes the rules for the return of items of inadequate quality. You have the right to return low-quality jewelry to the seller within 14 days after purchase, exchange it for a similar product of good quality, or receive the money paid.
If the value of the returned item is lower than the value transferred in exchange, the buyer must pay the difference to the seller. If it’s the other way around, the seller reimburses the difference.
The law also gives the right, when returning low-quality jewelry, to demand payment of the difference between the cost of the jewelry on the day of return and the cost that you paid for it earlier.
There are often cases when expensive jewelry is purchased on credit. If it is returned, the seller must refund the amount of the loan received, including all lender fees.
Is it possible to return jewelry back to the store or make an exchange?
The main task of the seller is to sell goods and make a profit. When a buyer asks to exchange or return jewelry that does not match the color or size, the sellers refuse to satisfy the request, arguing that jewelry without defects, by law, cannot be returned or exchanged. This statement is true, but it has nothing to do with jewelry.
The legislation establishes a certain List of high-quality non-food products that the buyer cannot exchange or return to the store only because he is not satisfied with the color or size of the product (Decree No. 55 of January 19, 1998). Read about which products are not subject to exchange or return, and which are.
This list includes jewelry, but only those made of precious metals and stones. That is, a gold ring cannot be exchanged or returned to the store if it does not fit in size or if the color of the stone does not suit you, but the product does not have any defects. Costume jewelry is made from inexpensive materials:
- artificial stones;
- gland;
- wood;
- plastic;
- glass
Products can only imitate expensive jewelry.
Costume jewelry is not considered jewelry. Precious metals and inserts made of natural stones are not used in its production. All jewelry that is not classified as jewelry can be exchanged or returned even if there is no defect.
If the decoration is of proper quality
High-quality beads or jewelry with stones can be exchanged if you do not like it , or it turns out that the jewelry does not fit in size, color or other parameters within 14 days after purchase. The day of the purchase itself does not count.
You can return it and get your money back only when there is no suitable product on sale.
The seller is obliged to satisfy the requirement provided that:
- decoration was not used;
- its integrity is not compromised;
- The presentation and all manufacturer's labels are intact.
It is advisable to provide the packaging if it is intact.
If you lose a receipt or other document confirming the purchase, refer to witness testimony.
What about jewelry?
First, let’s look at what legally falls into the category of costume jewelry. Its main difference from jewelry is the use of materials that do not belong to the category of precious metals and stones as raw materials.
The most commonly used materials for making jewelry :
- Steel and copper alloys (brass, bronze).
- Polymer materials.
- Ceramics.
- To imitate precious stones - inserts made of plastic, colored glass, cubic zirconia, artificial crystals, ornamental minerals.
If there are some elements made of precious metals or stones, the product automatically becomes a piece of jewelry. For example, when combining a base made of steel (copper) and semi-precious stones or decorating a gold, cash or silver product with artificial crystals or cubic zirconia.
If purchased from an online store
Jewelry purchased remotely is returned according to Art. 26.1 of the Law of the Russian Federation “On the Protection of Consumer Rights” at any time before receiving the order and within 7 calendar days after receipt.
If the representative of the online store handing over your order did not immediately warn you about the procedure and terms of return, your right of refusal will remain for 90 days after purchase.
Like brick-and-mortar stores, e-commerce outlets require that the product be unused, presented in its original form, and free from damage caused by the buyer.
Grounds for refusal to return jewelry
The seller may refuse to return the product or exchange it in the following situations :
- The product shows obvious signs of physical impact , which is why the damage occurred.
- The returned quality product does not have packaging, labels, tags, and shows signs of use (scuffs, scratches).
- Jewelry without traces of a manufacturing defect is returned after a 14-day period , and a product with a manufacturing defect - after the end of the warranty.
- The client cannot document the place and date of this purchase.
Attention! Due to recent changes in legislation, the legal information in this article may be out of date!
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Step-by-step instruction
Returning jewelry of inadequate quality to a store can be divided into several stages:
- Inspect the product and packaging to ensure their integrity. Make sure that seals and labels are in place (if they were originally attached to the product).
- Prepare your passport and cash receipt, since the administrator will definitely require these documents from you when transferring money.
- If you have lost your receipt, try to find a witness.
- Write and deliver a complaint to the seller or store administrator.
If the jewelry is properly packaged and in its original appearance, the return will be processed without delay.
Return of quality jewelry
First, it’s worth checking whether the jewelry can be returned.
If the quality product does not belong to jewelry, and 14 days have not yet expired from the date of purchase, then you can contact the store.
Procedure
To go to the store you need to take your passport with you.
Other documents related to the transaction may also be needed
- Checks,
- Coupons,
- Passport products.
When returning, we recommend following these steps:
- Contact the retail outlet with a verbal request. Sometimes a verbal statement from the buyer is enough for the seller.
- File a claim. A written request can be made in free form or according to a template provided by the seller.
- Wait for a refund. If the goods were paid for in cash, the seller can give the funds on the spot from the cash register. When making a non-cash transfer, the money will be returned to your card account.
How to write a complaint
The law does not impose strict requirements on the form and content of this document. It is compiled according to the standard rules of official document flow.
The form has a “header” that indicates the name of the outlet, its address, the name of the manager and other information, if known, as well as the name, address and passport details of the buyer. In the center of the form, write the word “Claim” and proceed to describe the essence of the case.
So the contents of the document should indicate:
- date of purchase;
- Product Name;
- description of its characteristics - quantity, color, material of manufacture, etc.;
- detected defects;
- requirement to accept the goods and return the funds paid;
- the time period allotted for fulfilling the requirements;
- date and signature.
The claim can be sent by registered mail with notification or delivered personally to the store administrator or seller. In this case, you need to have a second copy of the document, on which a representative of the retail outlet will put a signature or stamp confirming receipt.
Download a sample claim for returning jewelry to a store
If the store does not return the money within the stated period, go to court with a claim to recover money for the low-quality product.
The seller may submit the product for examination, which may take up to 30 days. If the result turns out that the jewelry was damaged through no fault of the store or manufacturer, you will not be able to return it and will have to pay for an investigation. An expert opinion can be challenged in court.
Returning jewelry of inadequate quality
If a purchased product has a manufacturing defect, it can be returned to the store during the warranty period . If the seller or manufacturer has not installed a warranty on the jewelry, then this period is automatically equal to 10 years .
According to the provisions of Federal Law No. 2300-1, in the event of the sale of a low-quality product when returning jewelry, the client has the right :
- Return your purchase to the store, demanding a refund of the money paid for it.
- Exchange a defective product for a similar one, not without a defect.
- Exchange your purchase for another product item, taking into account the price difference.
- Return the defective product for repair at the seller's expense.
Making a claim
An official statement of claim is drawn up in free form, on a standard A-4 sheet of paper. Some trade organizations have ready-made letterheads, which already contain all the items necessary to fill out.
The document must contain the following information :
- The name and address of the retail outlet where the product was purchased.
- Details of the client returning the jewelry and his contact phone number.
- Description of the reason for returning the product - manufacturing defect, unsuitable design, etc.
- Requirement to the seller : make a return, make warranty repairs, exchange for another product.
- At the end of the document, the date and personal signatures of the seller and buyer are indicated.
You can submit a claim during a personal visit to the store, send it by registered mail or to the email address of a trade organization.
Expert opinion
Anna Fedorova
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The document is drawn up in 2 copies: for the seller and for the client. If the store refuses to satisfy the client’s legal demands, the document will serve as evidence of his attempt to resolve the issue out of court.
Conditions and terms under the law “On ZPP” for goods of different quality
The rights of the consumer to exchange or return both high-quality and defective goods are regulated by the Law “On the Protection of Consumer Rights” dated 02/07/1992 No. 2300-1. The terms and conditions for its return depend on the presence or absence of defects in the product.
Proper
The procedure for exchanging or returning goods of good quality is regulated by Art. 25 of Law No. 2300-1. In accordance with the norms of this article, the consumer, having discovered that the product does not suit him in size, configuration or color, can contact the seller with a request to exchange the unsuitable product.
Jewelry without any defects can be returned to the store in the following cases:
- decoration is small, large;
- the product is not suitable in size or weight (for example, earrings that are too heavy cause discomfort when worn);
- the color or shape of the decoration does not match the chosen outfit.
When contacting the store regarding the question of whether earrings or other products can be returned or exchanged, the buyer will need to state the reason for refusing the product. It is better if it complies with the wording in the law.
The consumer can exercise the right to exchange or return a quality product within 14 days from the date of sale (Clause 1, Article 25 No. 2300-1).
The buyer may initially request to exchange an unsuitable product for a similar one , but with different parameters. Only in the absence of a suitable replacement, the consumer has the right to demand that the seller accept the product back and return the money paid for it.
To complete the exchange or return procedure, the following conditions must be met:
- the jewelry has not been used and shows no signs of wear;
- the product has retained all its original properties and qualities;
- the product has all seals, labels, and packaging;
- the buyer presented a receipt (its absence cannot be a reason for refusal to return).
The seller has the legal right to refuse to exchange or return high-quality jewelry if the buyer contacts the store 15 or more days after its purchase.
Inappropriate
If, after purchasing costume jewelry, a defective item is discovered, the buyer can contact the seller and present one of the legal requirements (clause 1 of Article 18 No. 2300-1):
- replace low-quality jewelry with a similar product without defects with a possible recalculation of the cost;
- reduce the price of the product;
- eliminate existing defects free of charge or reimburse the costs of their elimination by the buyer himself;
- return money for a defective purchase and return the product back to the store.
The requirements listed in paragraph 1 of Art. 18 of Law No. 2300-1, the buyer has the right to present a defective product during the warranty period, and if such a period is not established, then within 2 years from the date of purchase (Clause 1 of Article 19 No. 2300-1).
Read about the nuances and procedure for returning goods during the warranty period and without a warranty here.
If the seller does not agree that the product is defective or claims that the defect was caused by the buyer, the product is sent for examination at the seller’s expense. If during the study it was established that the defect was formed during the operation of the product, then the consumer will be obliged to reimburse the seller for all expenses associated with the examination (clause 5 of Article 18 No. 2300-1).
The return of goods of inadequate quality is described in detail here.
