Procedure and grounds for returning watches back to the store

The watch may have manufacturing defects. Sometimes they fail before their warranty period expires. And often watches are purchased under the influence of momentary emotions, and the very next day the new owner is disappointed in the purchase. What should a buyer do in these situations? Is it possible to return the watch to the store?

Watches - legal return

The relationship between the buyer and the seller is regulated by the Law of the Russian Federation of 02/07/1992 No. 2300-1 “On the Protection of Consumer Rights” (hereinafter referred to as the Law of the Russian Federation), according to which you can exchange or return a product that does not suit you or that you do not like.

However, this rule does not apply to certain positions. The return of a product such as a watch is possible only if there are defects, since it is included in the List of technically complex goods, approved by Decree of the Government of the Russian Federation No. 924 of November 10, 2011 (clause 13). There are separate rules for this category of purchases that must be taken into account when initiating a dispute with the seller.

Is it possible to return a watch whose quality corresponds to the declared one?

If you need to return goods of proper quality, there is practically no chance of getting your money back. The thing is that chronometers of various modifications are included in the list of technically complex products. Technically complex products are included in the list of products that cannot be returned or exchanged. That is, the law does not oblige the replacement of these products at the buyer’s request, as can be done with other products.

Is it possible to return a watch in a store, on an online platform or in a shopping center through negotiations with the seller? This option does not give 100% success. However, it is worth using it. How effective the negotiating position will be depends on the goodwill of the seller. The law in this case is on the side of the producers.

However, we should not forget that the hype surrounding the sale of goods with a flaw, even a small one, can force one to seek compromises. In the eyes of buyers, the company will lose its status as a reliable supplier, lose the trust of counterparties and, ultimately, suffer considerable financial damage.

In which cases

The legislation provides for the possibility of hassle-free return of goods if defects, breakage or other defects that impede use are detected. Be aware of the technical complexity of the watch movement.

Whether it will be possible to return the watch without any quality complaints depends on the seller. Having the legal right to refuse a buyer, many stores, wanting to preserve their reputation, meet the client halfway.

Can they be returned or exchanged if you don't like them?

It is possible to exchange the product for a similar one. Conditions:

• did not fit the shape;
• size;
• color;
• functions;
• style.

The right set out in paragraph 1 of Art. 25 of the PZPP, applies only to watch devices that are not included in the list of goods that are not subject to return or exchange.

It is unlikely that a properly functioning watch classified as non-returnable will be returned without a valid reason.

Returns under warranty

Such products are subject to mandatory warranty. The warranty period in most cases indicates the manufacture and notes this date on the document. The maximum duration of such a period is two years. However, it is worth knowing that the seller can specify a different duration, but it should not be less than one year.

If you were not told the duration of the warranty upon purchase, then you should keep in mind that the law has specified two years for this. If it so happens that during this time you discover a defect in the product, then you have the right to count on the return of the watch under warranty during the warranty period. It will be possible to return an accessory if:

• There is a serious breakdown;
• The buyer repeatedly contacted the service for the same reason, but the fault did not disappear;
• During the year, the client cannot use the product for more than thirty days in total;
• The duration of warranty repairs exceeded the norm;
• An original and correctly drawn up coupon was provided.

You need to know that if the breakdown occurred due to the fault of the buyer, then by law the right of return does not apply.

Returning watches under consumer protection law

According to this provision of the law, only a chronometer with a quartz or mechanical device that is not decorated with precious stones and metals can be returned or exchanged. All other products are classified as technically complex goods and are subject to appropriate regulations. That is, they are subject to return and exchange only under warranty if a malfunction is detected.

Can watches be returned within 14 days?

It is possible to return a wristwatch to the store within 14 days only if it is of poor quality and the imperfection is not the result of the buyer’s own activities. Quality products cannot be returned during this period. You should also be aware that you must return a defective product within the warranty period. In this case, you must familiarize yourself with the conditions stated above.

Are watches returnable?

According to paragraph 3 of Art. 18 of the GDPR, technically complex goods can be returned to the store under the following conditions:

• a defect was discovered that was not your fault;
• no more than 15 days have passed since the date of purchase.

Further returns are only possible if a significant defect is identified. According to clause 4 of the preamble of the Law of the Russian Federation, an irreparable defect is recognized as such, the correction of which requires time and expenses disproportionate to it, and appears repeatedly or repeatedly.

Other reasons for returning watches if more than 15 days have passed:

• failure by the seller to comply with deadlines for eliminating defects;
• inability to use the watch during each year of the warranty period (a total of more than thirty days) due to repeated elimination of its various deficiencies.

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Claim consideration period

In the subsequent period, the claim is reviewed by the seller's responsible person.

Wherein:

• If the buyer requests an exchange of watches, the processing may take about 7 days. During this period, all required checks are carried out;
• If the buyer wants to return money for a defective product, the seller will have 10 days to write a response. If the result is positive, then the buyer will be paid all the money spent;
• The responsible person of the seller may refuse to accept the goods and return the money to the buyer. This happens in situations where the item has become unusable due to the fault of the buyer;
• If the product is defective due to the fault of the seller or the transport company, compensation may be denied. To do this, a special examination is performed, which allows us to determine what caused the malfunction.

Return Policy

When returning a watch, please note that during the first 15 days you can claim:

• refund of the paid amount in full;
• replacing the product with a similar or different one with recalculation of the cost.

And if more has passed since the date of purchase, you can qualify for free repairs. A refund or exchange is possible only if the defect is irreparable or appears again after restoration work.

The right to free repairs remains valid for the entire warranty period or service life if the defect is considered significant.

Refund deadlines

On average, money for goods is returned to the buyer within 10 business days. If the return is made through a bank, then another 3 to 30 days can be added to the standard period. This period will be required by the financial structure in order to make the return.

It is worth remembering that for each day of delay the guilty party pays a penalty, its amount is established in accordance with the contract. If this issue is carried out without a contract, then the amount of the penalty will be equal to 1% of the cost of the goods.

Returning a defective watch is a complex procedure that has many nuances. The buyer must be prepared for the fact that the seller will avoid accepting him and returning the money. To do everything right and get back what you spent, you should seek the help of professional lawyers.

Return features depending on the type of watch

The List of technically complex goods includes mechanical, electronic-mechanical and electronic wrist and pocket watches, with two or more functions.
This means that the return policy also applies to:

• wall;
• smart watch.

Here you need to take into account that often when purchasing, sellers say that you have 14 days to check the quality of the product. This misleads many people; they think that in the first two weeks they can return the purchase, even if they simply changed their mind about using it. In fact, when you apply for a refund, you will hear that you do not have such a right and the consultant’s words about the time to check the quality only meant the possibility of a return only if there was a defect.

If the watch was purchased online

Remote purchasing assumes that you cannot familiarize yourself with the characteristics of the product in as much detail as when choosing in a regular store. Therefore, this method of acquisition has its own return characteristics.

You can refuse the watch at any time before receiving it and within 7 days after receiving the parcel (Article 26.1 of the ZoPP).

In this case, the seller is obliged to include a reminder about the return rules in the box with the watch. If there is no written notification about the specifics of the refusal to purchase, the period during which you can return the product increases to 3 months.

The exception is watches that have individually defined properties. This means that you cannot refuse the purchase if you paid for a watch with engraving or other features that make the model unique (Clause 3, Part 4, Article 26.1 of the Law of the Russian Federation).

Another nuance that must be taken into account when buying watches online is that the return to the seller is carried out at your own expense, and the purchase price is returned minus shipping costs. Therefore, refusing a product may not be as profitable as it seems at first glance.

Calculation of deadlines according to consumer requirements

In practice, very often we have to deal with consumers’ misunderstanding of the calculation of deadlines for certain consumer issues. The most common problems are related to the timing of eliminating defects (repairs) of goods or work performed, replacing goods or repeating work (rendering services), and returning money paid. The laws are written in such a way that it is not clear to the ordinary buyer and seller when the quality check should be carried out. From what day and to what day should the period be calculated when calculating penalties (penalties). The above and other questions regarding timing will be discussed below.

As a general rule, all deadlines begin to be calculated on the next day after the calendar date that determines its beginning (Article 191 of the Civil Code of the Russian Federation). What does this mean in practice?

For example, let’s take a case where a consumer presented a written demand to the seller or service center - a claim or application for warranty repair of a product (while the product is in the consumer’s possession). In this case, the beginning of the repair period will be calculated from the next day after the delivery of such an application to the service center or seller.

If the product is transferred for repair to a service center or seller, the beginning of the repair period will be calculated from the next day after the receipt to the consumer is given indicating acceptance of the product for repair. For example, on February 3, 2014, the phone was handed over to a service center for repair (for which a receipt was issued). Accordingly, the first day of repairs will be February 4, 2014. The repair period, including the maximum 45-day period established by law, will be calculated precisely from 02/04/2014. The maximum repair period established by the Law, in the case considered, will expire at 24-00 on March 20, 2014.

If, when applying on the next day, which is outside the maximum 45-day period established by law, i.e. in this case, since March 21, the consumer has not been provided with a repaired product, this is a legal basis for refusing further repairs and filing a demand for a refund or replacement of the product (claims numbered 7, 8 and 9).

How to calculate the period for returning money for a product, replacement or repair of a product, does it include holidays and weekends?

In all cases, consumer protection legislation determines that all periods are calculated in calendar days and include weekends and holidays. For example, if on December 31, 2013, a demand was made to replace a product, then it must be satisfied by the seller within 7 days, that is, no later than January 7, 2014. Moreover, the seller’s working hours do not matter.

How is the period of delay calculated, from what day is the penalty (penalty) due and when does such period end?

To answer this question, it is first necessary to recall what deadlines the law sets for satisfying the requirements stated by the consumer. Thus, the requirement to eliminate the defect free of charge (to carry out warranty repairs) by force of law must be satisfied by the authorized organization (ASC) or the seller within the period agreed upon by the parties, but in any case this period cannot be more than 45 days. The law gives the seller a maximum of 7 days to replace the product, and a maximum of 10 days to return the money.

The penalty (penalty) begins to be calculated from the next day when the demand by force of law must be satisfied. If the seller was obliged to replace the goods no later than 01/07/2014, but did not do so, then the penalty (penalty) should be accrued from 01/08/2014. Such a penalty is payable on the day the claim is voluntarily satisfied or the claim is satisfied by the court. Let us assume that the seller voluntarily replaced the goods on January 10, 2014, then in this case a penalty (penalty) is payable for the period from January 8, 2014 to January 10, 2014, that is, for three days.

The terms for contracts for the performance of work or provision of services are calculated in the same manner.

There is some exception to this rule regarding the timing of sales contracts with the condition of partial or full prepayment of the goods.

How are the deadlines for paying penalties for violating the delivery deadline for partially or fully prepaid goods calculated?

The penalty under such contracts is collected not from the next day after the end of the obligation to fulfill the obligation, but from the last day when the transfer of the goods should have taken place. For example, the seller, under the terms of the contract, had to transfer the partially paid goods no later than 02/03/2014. If the seller has not fulfilled his obligation, then penalties for violating the deadline for transfer of prepaid goods are payable from 02/03/2014. The deadline for paying the penalty ends on the day preceding the transfer of the goods or the return of money if the consumer refused to fulfill such an agreement due to a violation of the deadline. For example, the consumer refused to fulfill the contract and demanded a refund, the seller returned it on February 23, 2014. In this case, the penalty must be paid for the period from 02/03/2014 to 02/22/2014 (inclusive).

What is the time frame for checking the quality of goods and how are these periods calculated?

Quality control is carried out within a period not exceeding the time allotted by law to satisfy the consumer’s demand. Let me remind you that if we are talking about a refund, then this is a maximum of 10 days. In other words, the seller can conduct a quality check on any of ten days, including the 10th day. If a replacement product is requested, quality control can be carried out on a maximum of the 7th day. If a repair request is made, the quality check must be completed within the repair period agreed upon by the parties.

How to calculate the period of free provision to the consumer for the period of repair or long-term replacement (more than 7 days) of the product?

By law, the seller or an authorized organization (service center) is obliged, at the consumer’s request, to provide, within three days, free of charge for the period of repair or long-term replacement (such replacement only with the consent of the consumer) a similar product (with the same basic consumer properties), ensuring its delivery to the consumer at his own expense. check.

The period is calculated in the general manner. The day of presentation of the demand - a written statement is not considered, the period begins to run from the next day. Three days (calendar), that is, including weekends and holidays. If within 3 days the replacement product is not transferred to the consumer, then a penalty is payable. For example, on January 30, 2014, the consumer submitted the phone for warranty repair and demanded in writing that a similar product be provided for the period of repair. The three-day period in this case will cover January 31, February 1 and 2, 2014. Provided that a similar product was not provided as required by law, penalties will be calculated from 02/03/2014 until the day of actual delivery of the replacement phone or the end of warranty repairs.

Return procedure

The clock reset algorithm is standard:

1. Submitting an application.
2. Provision of documents.
3. Meeting requirements.

Let's consider all the stages in detail.

Application Form

Any return must be made in writing - a statement by which you notify the seller of your intention to return the goods and indicate the reasons for such a decision.

The document is drawn up in free form, but many large stores have ready-made templates that are simply printed and given for signature after notification of the return. This means that even if the seller agrees to take the watch back, a written statement signed by you is required.

If you want to create a document yourself, please indicate:

• store details and name of the manager (if you know this data);
• information about yourself: full name, registration address, passport details, contacts for feedback (phone number, email address);
• information about the purchase: place, time of purchase, detailed description of the watch with the possibility of its identification;
• reason for return;
• requirement to the seller: exchange, return or free repair;
• date and signature.

The period for consideration of the application is 10 days (Article 22 of the Law of the Russian Federation).

Sample claim

Sample claim

The application must be completed in 2 copies, and you must receive an acceptance mark on your own (if submitted in person). You can also send your application by registered mail. This is the best option if the seller refuses to accept and register the application.

Documentation

To request a watch return, you need to submit the following documents:

• personal identification, usually a passport;
• confirming the fact of purchase: a check or other payment document, you can also present a bank account statement, witness statements and recordings from CCTV cameras.

Expertise

The return of technically complex goods is possible only if there is a defect, in the first 15 days of any defect, after the expiration of this period - a significant one. Since the seller needs to make sure that the defect did not arise through your fault, almost always when returning a watch, an examination is assigned at the store’s expense (Clause 2, Part 5, Article 18 of the Regulations).

You have the right to be present during the procedure, and if you disagree with the results, to challenge them in court. But you need to be prepared for the fact that if the examination proves that the defect arose as a result of improper operation, you will have to compensate the seller for the cost of the goods.

If the seller refuses to order an examination, you have the right to do it yourself. The procedure is the same: you need to notify the other party about the time and place; if you disagree with the results, the store can challenge them, and if its guilt is proven, it will reimburse the expenses you incurred.

The time for conducting the examination is included in the period allotted for fulfilling the buyer's requirements.

Deadlines for satisfying claims

They depend on the specific situation:

• 10 days when applying for an exchange or refund (Article 22 of the Law of the Russian Federation);
• up to 45 days when handing over the watch for repairs (Part 1, Article 20 of the Law of the Russian Federation).

In the latter case, the terms may be increased by agreement of the parties.

The seller is obliged to provide a watch free of charge for use during the period of repair at your request (Part 2 of Article 20 of the Regulations). He is obliged to do this within 3 days after receiving a corresponding request from you. Here you need to note that such a service is not provided automatically; you must request it yourself.

Making a claim

The claim is filed in accordance with the standards prescribed in domestic legal paperwork.

The document must contain the following information :

• Details of the buyer making the return and his contact phone number.
• The name of the trade organization where the watch was purchased.
• Detailed description of the returned watch: model, cost, manufacturer, equipment.
• Reasons for refusal to purchase, indicating specific shortcomings of the product.
• put forward to the seller (return or exchange of goods).
• At the end of the document, the date of its writing and the personal signatures of the applicant and the seller are indicated.

Sample claim

The claim is drawn up in two copies - one for the representative of the trade organization, and the other for the applicant himself. If the seller ignores the client’s requirements, it will serve as confirmation for regulatory authorities of attempts to resolve the problem pre-trial.

The claim is written in free form by hand or printed on a printer.

Large retail chains provide customers with ready-made application forms to fill out. You can get them directly in the store or print them from the official website of the organization.

If the seller refuses to accept the watch back

If the seller refuses to issue a return, you can:

• file a complaint with Rospotrebnadzor;
• go to court.

Let's consider each option in more detail.

Complaint to Rospotrebnadzor

Compiled in free form in compliance with business correspondence, the same data is indicated as in the return application. A sample document is available.

Can be submitted:

• personally;
• sent by registered mail;
• issued online on the official website.

The period for consideration of the application is 30 days from the date of receipt. It is important to consider that the complaint must be sent to the local branch of Rospotrebnadzor. If you contact the central department, the request will still be forwarded to your place of registration, but the waiting time for a response will increase.

A complaint to Rospotrebnadzor will allow you to return the money paid for the watch, as well as initiate an unscheduled inspection of the store, which can result in significant fines. Such a development of events is unprofitable for the seller, so the dispute over the return of the watch can be resolved after warning of the planned appeal to the supervisory authorities.

Going to court

This method of initiating a dispute takes longer, but may be more profitable because you can not only return the amount paid for the watch, but also receive a payment:

• a penalty in the amount of 1% of the cost of the goods for each day of delay in fulfilling the requirements (Part 1, Article 23 of the Law of the Russian Federation);
• a fine in the amount of 50% of the amount awarded by the court to the buyer (Part 6, Article 13 of the Law of the Russian Federation);
• compensation for moral and/or material damage in the amount established by the court.

You can also receive compensation for legal costs, examination costs and legal services through the court.

However, before filing a claim, you must follow the pre-trial procedure for resolving the conflict and send a pre-trial claim to the seller demanding that you pick up the watch and return the money or exchange the product for a quality one. The document is drawn up in free form, the same data is indicated as in the application for return, but a warning is included about going to court if there is no response within the prescribed period or disagreement to fulfill the requirements.

Sample pre-trial claim

The period for its consideration is 30 days from the date of receipt by the seller.

If the store does not respond to the letter of claim or sends a refusal to fulfill the requirements, you can go to court. In the statement of claim, you need to describe the situation in detail and in chronological order and set out your demands.

Attached to the claim:

• passport;
• purchase receipt;
• examination result (if available);
• all written requests sent to the seller in pre-trial proceedings.

Algorithm of actions when returning

The procedure for returning or exchanging watches of both good and bad quality is practically no different from returning any other product. For this procedure, it is necessary to prepare mandatory documents and act in a certain order. .

Filing a complaint

If the seller refuses to accept back a watch of proper quality, you can file a complaint in one of three ways.

Ways to file a complaint

• Direct contact to management or the claims department in the store;
• You can file a complaint with the Rospotrebnadzor department;
• Statement of claim to court.

Direct contact to management or the claims department in the store

Submitting a complaint to management or the claims department can be done verbally or by telephone. But it is recommended to apply in writing and write a complaint.

When drawing up a written complaint, free style is allowed. But the application must contain only reliable information. The complaint is considered within 10 days from the date of filing the appeal. And the answer itself must come in writing.

Complaint to Rospotrebnadzor

The most effective measure is to file a complaint with the Rospotrebnadzor department. The complaint can be made in free form, it requires a description of the current situation. In addition, it indicates the actions of the management and sellers regarding your complaint. On average, the proceedings take about a month, but often the answer arrives much earlier than this.

Statement of claim to court

There is another way that helps to get a refund for such a technically complex product as a watch if an unlawful refusal was given - this is to go to court. It is quite complex, but it often allows you to achieve positive results.

It is recommended to file a lawsuit only in situations where Rospotrebnadzor provided an official response to the seller regarding the return of funds for the goods, but the seller ignored it and did not fulfill its obligations. In other situations, winning the case will be quite difficult.

Arbitrage practice

The Royal City Court of the Moscow Region considered case No. 2-5715/2015 in which the plaintiff demanded to recover from the defendant the cost of the goods, a penalty for failure to comply with deadlines for fulfilling requirements, compensation for moral damages and legal expenses.

According to the case materials, the plaintiff purchased a wristwatch from the defendant, and within a short time after the purchase discovered a defect in the form of a deviation in the average daily accuracy of the watch by about a minute per day. The plaintiff ordered an examination, which revealed the absence of visible damage and self-repair, and also confirmed the impossibility of eliminating this defect.

Having examined all the circumstances, the court decided to satisfy the plaintiff’s demands in full and recover from the defendant in his favor:

• cost of watches;
• losses;
• penalty;
• compensation for moral damage, legal and postal expenses.

The defendant is also charged with the requirement to pay state duty to the federal treasury.

Trade-In of Swiss watches and jewelry in Moscow

Of course, with the spread of the trade-in service, an increasing number of stores are appearing that offer it, but in the luxury goods sector this is still rare. In addition, despite the huge number of pawnshops of various formats located throughout Moscow, only a few currently work professionally with Swiss watches and luxury jewelry. Even if a regular pawnshop, watch or jewelry store offers a trade-in service, there is a high probability that it will not be able to offer a decent price for your watch or jewelry. Luxury items have other pricing criteria, among which the leading role is occupied by the brand and the collection to which the item belongs, that is, the work of the master, while most pawnshops focus primarily on the amount of precious metal in the item.

Thus, the most profitable Trade-In deal will be offered to you only in those places that have an appropriate pricing policy. You can sometimes get a significant amount for collectibles or rare pieces of watches and jewelry, since collectors often look for them in large pawn shops. This ensures a mutually beneficial exchange - if the pawnshop knows it can easily find a buyer for your accessory, it can offer better terms for your transaction.

The disadvantages of the trade-in system in Moscow include, of course, the limited number of pawnshops operating through it, the lower cost of the item than when selling through a commission system, for example, and the limited choice of goods presented in stock. These restrictions are inevitable in a transaction aimed at selling and buying as quickly as possible, so you can decide for yourself whether you want to use this service or another. And our system of preliminary online assessment of accessories and an online catalog of all available products will help you make a choice.

Answers to private questions

Is it possible to return a watch within 14 days after purchase? We purchased a wall clock from Leroy Merlin, and at home we discovered that it did not fit into the interior at all. What should we do?

The fact that the watch does not suit you is not a reason to return it, since this is a technically complex product. You have the right to refuse to purchase a watch within 15 days if a minor defect is discovered or within the warranty period if there is a significant defect. In this case, there are no reasons to refuse the purchase.

I bought a smartwatch from M-video and found that it was very inconvenient to use. Can they be returned if only 3 days have passed since the date of purchase?

Smart watches are a technically complex product that cannot be returned if it meets quality standards. Unfortunately, the fact that you are not satisfied with the purchase is not a reason to refuse it.

I ordered an engraved watch on the Internet, but it was not needed - we broke up with the young man for whom it was intended as a gift. I want to cancel the purchase, but the seller does not want to return the money, what should I do?

Although you ordered the watch online, it is engraved, that is, it has individual and personal characteristics. Unfortunately, you cannot refuse to purchase such a product, so the seller is right.

We bought the watch as a gift for my dad, when he tried it on, the clasp fell off. The store refuses to change them, although only 5 days have passed.

If you are returning a defective product, it does not matter how many days have passed since the date of purchase (provided that the warranty period has not expired). In this case, the seller is right, since the warranty applies to the mechanism itself, and not to the parts, so it is easier for you to repair the clasp in a workshop than to initiate a dispute with the seller.

I bought a smart watch that stopped turning on. I took it to the store and they took it away for repairs. 50 days have passed, no news from the seller. What should I do?

The maximum period for repairs is 45 days, unless there is additional agreement with you. It turns out that the store is violating the deadlines for fulfilling the requirements, so you can send a pre-trial claim to the seller and then go to court to not only return the cost of the watch, but also collect a fine and penalty from him for violating the deadlines for fulfilling the requirements.

In what cases can a refund be issued?

According to the rules for returns and exchanges, you can refuse to purchase a watch and withdraw the money only in three cases:

1. The seller violated the rules of trade: did not issue a receipt, did not fill out the warranty card.
2. If the characteristics of the product do not correspond to those stated. For example, a smart watch with a backlight does not have a lit screen, the waterproof case allows water to pass through, the description indicates a leather strap, but the seller gave a model with a silicone bracelet.
3. During use, a defect was discovered: the clock mechanism does not work, the glass falls out, cracks have appeared on the case.

To file a refusal, write a claim and submit it to the seller along with the product within two weeks . According to the Consumer Protection Law, you can:

• Exchange your watch for any model with an additional payment or the difference in cost.
• Get a discount.
• Repair the product free of charge.
• Receive spent funds.

When filing a claim, try to keep within 14 days: if a defect is discovered during the warranty period, but after the end of the “cooling-off period,” the seller will refuse to pay the money and offer to repair the watch under warranty.