Right of refusal: how to return or exchange goods in a store

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Published: 10/20/2018

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Once the product has been used, it can be returned to the store, but this requires compliance with certain conditions. The consumer needs to be guided by the provisions of the Consumer Protection Law.

• What legal norms govern
• Return of used goods of inadequate quality
• Terms for returning used goods

Get it done in 14 days

A period of two weeks is provided for the return and exchange of goods of good quality (non-defective), which are not suitable in color, style, size, dimensions or other parameters.

At the time of return, the purchase must retain its appearance, packaging, labels and tags. The buyer's request for an exchange or return of goods must be satisfied if the goods have not been used. In addition, there is a list of things that, in the absence of a manufacturing defect, cannot be exchanged. For example, you cannot buy a car and return it a few days later just because of narrow seats or dirty color. But you can refuse rims or bumpers that are not suitable for your car model.

The following goods of good quality cannot be returned or exchanged:

— personal hygiene items (toothbrushes, combs and hairpins, etc.);

— perfumery and cosmetic products;

— knitwear and garments (socks, underwear, stockings, tights);

- pieces of fabric, ribbons, lace;

— cables and construction and finishing materials sold by the meter (linoleum, film, carpeting);

— products made of polymer materials that come into contact with food (dishes, containers and packaging materials for food storage);

— household chemicals, pesticides and agrochemicals;

— furniture sets and kits;

— jewelry, cut precious stones;

— cars and trailers for them, motorcycle and bicycle goods, mobile means of small-scale mechanization of agricultural work, pleasure boats;

- technically complex household goods for which warranty periods are established (machines, household electrical machines and appliances, household radio-electronic equipment, photographic and film equipment, telephones and fax equipment, electronic toys, household gas equipment and other devices);

— civilian weapons, main parts of civilian and service firearms, cartridges;

- animals and plants;

- non-periodical publications (books, brochures, albums, cartographic and musical publications, sheet art publications, calendars, booklets, publications reproduced on technical media).

All other items can be exchanged within 14 days (not counting the day of purchase). You must have a sales receipt or other document or witness testimony with you confirming the fact of payment. You will also have to write a statement indicating the reason for the return.

If on the day of contact the seller does not have a similar product, the buyer can pick it up on another day or demand a refund. The amount must be transferred within three days from the date of return of the goods. If the product has become more expensive during this time (for example, a promotion has ended), only the amount indicated on the receipt will be returned.

Online shopping

It’s much easier to stop shopping in an online store. If the product has not yet been delivered, any order can be cancelled. In case of prepayment, the seller is obliged to return the money to the failed buyer.

That is, online buyers can even refuse goods that cannot be exchanged in regular stores. The only exceptions are made-to-order products.

If the product has already been received, but does not fit, you can return it:

- within seven days after receipt, if information is available in writing about the timing and procedure for its return;

- within three months - if such information was not provided in writing. It is worth considering that in this way the purchase can only be returned and not exchanged. The application must be accompanied by a receipt, a screenshot from your personal account or an email about the payment made. The seller is obliged to return the money within 10 days from the date of the buyer’s request. But you will have to pay for the courier services from your wallet.

How to return a purchase of inadequate quality?

The procedure for returning a product of inadequate quality that was previously used can be carried out in two ways - peacefully and judicially. In this case, the first option must be used in any case, since when considering a claim it is always established whether the claim procedure for resolving the dispute was followed.

To the thrift store

The procedure for returning consignment products consists of several successive stages.

First of all, you should pack the goods purchased from hand to hand. To do this, you must use the seller's packaging. For this reason, you should save any container or container in which the product was located.

Next, you should prepare documents that will confirm the fact of purchase. They always accompany the product. Such documents include:

• check;
• invoice;
• contract of sale;
• warranty documentation.

The absence of this information makes a peaceful return impossible, since thrift stores always require documents for purchase.

Next, you should come in person to the retail outlet and bring what you purchased. After negotiations with the seller's representative, you will need to issue a written statement. The document must indicate the following :

1. The name of the outlet, its address and information about the manager.
2. Information about the interested person – full name, place of residence, contact telephone number.
3. Date of purchase of the product.
4. Reasons for return. Here it is necessary to describe in detail the identified shortcomings that prevent the full use of the product.
5. The buyer's requirements are return, replacement, repair or partial compensation.
6. List of documents attached to the application.
7. Date and signature of the person concerned.

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

8 (800) 350-14-90

The application is drawn up in two copies. It is not uncommon for stores to provide standard application forms for such cases.

During this time, the delivered product is assessed, the nature and extent of the defects, as well as the reasons for their occurrence, are established. If the buyer's claims are confirmed, his demand will be fulfilled .

There are often cases when this is not possible, then the seller offers an alternative option. For example, a person insists on replacing a product, but there are no analogues in the store. In such cases, the seller will offer the interested party to return the funds spent.

To an individual

If the product was purchased directly from an individual, the return procedure will depend on the circumstances of the purchase.

The easiest way to return what was purchased is when the parties to the transaction have formalized the purchase and sale agreement in writing. The presence of documentation will be reliable confirmation of the purchase. To return what you purchased, you should first simply talk to the seller and solve the problem in a simplified manner. But even if verbal agreement is reached, it would be correct to document everything.

To do this you need to fill out:

• agreement to terminate the contract;
• receipts for the return of goods and funds.

If an agreement has not been reached, then the pre-trial procedure for resolving the dispute must be followed. To do this, you need to send a written complaint to the seller. It must indicate the following:

1. Information about the sender and recipient - full name, place of residence, contact phone number.
2. Information about the purchased item.
3. Description of identified deficiencies.
4. Buyer's requirements and deadlines for their fulfillment.
5. Date and signature of the sender.

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

8 (800) 350-14-90

The claim must be sent by registered mail with acknowledgment of receipt by the addressee. The deadline for fulfilling claims is ten days. Although the initiator can specify a longer time.

It is most difficult to return goods when the parties have not executed a sales contract . In such cases, differences can only be resolved peacefully through negotiations. That is, you should communicate with the implementer and offer him a peaceful solution to the dispute.

At the same time, the law does not prohibit sending a written complaint. Although it will not play a role, since it is impossible to document the deal. The evidence in such cases is the testimony of witnesses. The absence of a written contract, in most situations, inevitably entails litigation.

Return of defective goods

Only goods with defects that the buyer was not told about at the time of purchase should be classified as low-quality or defective.

In case of purchasing any product of inadequate quality, the buyer has the right:

- exchange it for the same one, but of proper quality, or for a similar one when recalculating the cost. If it takes more than seven days to replace a product, you can request a similar product for temporary use;

— receive free repairs from the warranty service or compensation for repair costs from third parties. At the same time, during the repair of durable goods, the buyer is required to provide a similar product upon presentation of demands;

- demand a proportionate reduction in the purchase price of the goods for defects found or compensation for losses incurred from the use of low-quality goods;

- demand a refund of the amount paid for the goods.

If the warranty period, shelf life or service life of the goods have not been established, then these requirements can be presented to the sellers within two years from the date of purchase. If the product warranty is less than two years, the buyer will have to prove that the defects arose before receiving the product.

However, if the defective product is technically complex and does not have significant flaws, then the buyer will be able to replace it or return the money only within 15 days from the date of purchase. For example, when the buttons on a new laptop stick two weeks after delivery, and the car leaks oil a month later, the buyer has the right to demand from the seller only a discount, free repairs, or compensation for the costs of self-repairs. The seller also has the right to redirect the application to the manufacturers. However, you can file claims within two years if there is evidence that the breakdown is not related to improper use of the product.

In addition, stores often provide a warranty on the product for an additional fee. In this case, you can exchange the purchase, even if the breakdown was caused by the buyer.

If the defect is significant, the seller was unable to eliminate the defect, or the product has to be constantly returned for repair, then the buyer has the right to exchange it for the same or another brand with a recalculation of the cost. Also in this case, you can return the amount paid.

If a low-quality product causes losses, you can demand compensation for them during the warranty period, and if the service life is not established, then within 10 years from the date of purchase of the product.

How can I return products if they were purchased unofficially?

Trading on social networks, as well as through forums and classifieds sites, has certain features. Firstly, the seller is a private person who is not a business entity. Secondly, the deal is concluded remotely. Thirdly, the buyer is not recognized as a consumer.

The impossibility of applying 2-FZ to the legal relations of the parties related to the sale of used items does not mean that the buyer has no rights. From a legal point of view, an oral agreement for the purchase and sale of used goods between citizens is a full-fledged transaction, which is subject to the provisions of the Civil Code.

Since the purchase and sale is classified by the legislator as a conclusive agreement, the contract is valid from the moment the parties reach agreement on all existing conditions (Article 432 of the Civil Code).

Judicial practice indicates that buyers, after receiving goods in which defects not specified by the seller have been identified, are given the opportunity, at their own discretion, to achieve:

• a proportionate reduction in the purchase price, including the return of part of previously paid funds;
• elimination of defects in a used item by the efforts and means of the seller within a reasonable time;
• reimbursement of costs for repairing goods on your own;
• termination of the agreement, return of money for defective goods.

Any of these requirements must be stated directly to the seller. Considering that the purchase and sale agreement was concluded orally, the legislator does not require the appeal to be presented in the form of a claim. If the seller reacts inadequately, you should try to protect your rights through court.

However, the buyer should not overestimate his chances of winning the claim. The outcome of a case is often unpredictable. There is a high probability that, on the advice of a lawyer, the seller will deny the very fact of concluding a transaction. In this case, the plaintiff will have to prove not only the inadequate quality of the goods, but also the receipt of it from the defendant under a mutual transaction.

It should be noted that the oral form of a transaction, in accordance with Article 162 of the Civil Code of the Russian Federation, makes it impossible to prove the fact of its completion with the help of witness testimony.

However, the plaintiff has the right to rely on written evidence. It is advisable to attach the following materials to the materials:

• a printout of a screenshot of the online advertisement and correspondence with the seller;
• a statement of the movement of money in the plaintiff’s account (if the prepayment was made to a card);
• documents of the postal agent (in case of purchasing goods by cash on delivery).

It is worth taking care of evidence of the conclusion of the contract in advance. Thus, the creators of the popular trading platform avito.ru strongly recommend that users conduct business negotiations through the messaging service. The administration of the online service rightly believes that this method of communication reduces the risk of fraud.

If payment for used goods is made through the banking system, it is advisable to keep documentary evidence of the payment made.

The buyer should make a transfer from his own card and fill out the “payment purpose” column accordingly. And vice versa: paying for used goods without authorization (by topping up someone else’s bank card with cash) is very risky.

If the seller and buyer meet in person to exchange goods for money, it is advisable to draw up a written purchase and sale agreement. This is especially true for household appliances and other expensive items.

When making transactions with used goods of a wide range, execution of a written transaction is the exception rather than the rule. And in vain. It is not difficult to create a document. It’s convenient to use an online template as a basis. The legislator does not make the legitimacy of a contract dependent on:

• conformity to any specific form;
• the presence of certain formulations;
• the presence of links to articles of regulatory acts.

The text of the contract in any form must contain the following information:

• Full name, general passport details, permanent residence permit, contact numbers of the parties;
• information that allows you to identify the item (brand, model, unit number, year of manufacture, color);
• technical condition at the time of sale;
• redemption value;
• the procedure and timing of transfer of goods to the buyer, and money to the seller (if these actions are not performed simultaneously with the signing of the contract).

In documents of this type, it is customary to indicate that the buyer is the owner of the item and guarantee the absence of claims by third parties. The seller also indicates that his goods are not under arrest, are not the subject of a dispute or legal proceedings.

Important! Legitimation of the purchase and sale agreement is achieved through its signing by both parties. It is advisable for the seller to write all or at least part of the text of the contract by hand. In the event of further proceedings, the seller will not have the chance to declare that the “snip” of his signature under the document is a fake.

Having a contract for the sale and purchase of used goods in a written document has an additional advantage: in justifying its position in court, any of the parties to such a transaction has the right to refer to witness testimony.

How can I get my money back for an additional guarantee?

How to get your money back for a technically complex product, read here.

Is it possible to return stationery, read the link

Return of goods purchased on credit

If the buyer returns goods of inadequate quality purchased on credit, then the seller, in accordance with the Law “On the Protection of Consumer Rights,” is obliged to return the amount paid for the goods in the amount of the loan repaid on the day of return, reimburse interest paid and other payments under the agreement, as well as reimburse the fee for providing loan. The bank must also be notified of the loan repayment.

What legal norms govern

The return of used goods is regulated by the Consumer Protection Law. In particular, Articles 18 and 25 of the Law are devoted to the specifics of returning used goods.

In this case, the procedure for returning goods to the store will differ depending on whether the purchase is a product of proper quality or inadequate.

According to the Civil Code, a product of good quality is a product that is useful for the consumer and corresponds to its intended purpose. Such a product has no defects or malfunctions and has all the necessary properties for its intended use.

The product is of inadequate quality and contains any defects : ordinary or significant.

Return of used goods of good quality

According to Art. 25 of the Law on the Protection of Consumer Rights, it is possible to return a product of proper quality, but only within 14 days after its purchase (not taking into account the day of purchase). But for this, the following conditions must be met (they are listed in paragraph 1 of Article 25 of the Law on the Protection of Consumer Rights):

1. The product was presented in its pure form.
2. It has not been used.
3. Its presentation , labels and components were preserved.
4. A payment document or other proof of purchase of goods in this store must be present.
5. The product is not included in the non-returnable list of goods that cannot be exchanged (it is approved by Decree of the Government of the Russian Federation of 1998 No. 55). This list includes, in particular: medicines, perfumes, dishes, hosiery, household chemicals, cars, weapons, jewelry, animals.

Thus, if the consumer is not satisfied with the product in terms of size, shape and other characteristics, he can return it only if it has no traces of use or use.

If the product was originally purchased second-hand, then the buyer has the right to replace it only if the seller did not notify him of the defects upon purchase.

From inspections to court: where to complain about sellers

If the seller refuses to exchange a quality product within 14 days after purchase or return money for defective items, you need to call the administrator of the outlet. If we also couldn’t come to an agreement with him, we feel free to demand a complaint book, which should be in any store. It should clearly and without unnecessary emotion state the essence of the problem, indicate the dates of purchase and contact with the store, list the names of the employees involved in the incident, and also present demands to the store management. Below you need to leave your contact information, date and signature.

The complaint should be prepared in printed form and in several copies. One copy must be given to the store. Employees are required to accept it and confirm this with the signature and seal of the organization on a second copy, which remains with the buyer. The text must indicate that the store did not respond to your complaint in the complaint book.

If there is no answer, then you can call the store management (contacts are usually indicated at the beginning of the complaint book) or contact the capital branch of Rospotrebnadzor. You can also contact us here if the seller delays the examination of the quality of the goods.

Another copy of the complaint is submitted to the Rospotrebnadzor office. After considering the complaint, the supervisory authorities must give a written response, which includes an explanation of the situation, or organize an inspection of the enterprise and report on its results. However, Rospotrebnadzor cannot recover money in favor of the buyer, so it can only be returned through the court.