Is it possible and how to return a children's toy back to the store?

Oleg Anatolyevich

Consumer Protection Lawyer

Ask a Question

Buyers have the right to return the product within two weeks from the date of purchase if it does not fit or is defective. Children's products from the Detsky Mir store were no exception. If a consumer wishes to return a purchased item, he must familiarize himself with the return rules, deadlines, and requirements for completing a transaction.

Is it possible to return children's toys to the store?

Children's toys are non-food products that can be returned under standard conditions. According to Part 1 of Art. 25 of the Law of the Russian Federation of 02/07/1992 “On the Protection of Consumer Rights” No. 2300-1 (hereinafter referred to as ZoPP), you have the right to exchange the toy within 14 days after purchase. You can do this if it didn’t fit, you didn’t like it, or you just changed your mind about buying it.

If there is no product for exchange, you can cancel the purchase and sale agreement and return the amount paid (Part 2 of Article 25 of the Law of the Russian Federation). The parties can also agree that if the required product arrives, the seller will notify the seller without putting it up for sale.

Thus, you can return such a purchase even if there are no defects.

Return conditions:

• preservation of presentation and consumer properties;
• presence of a check;
• compliance with deadlines for visiting the store.

The law does not require packaging, so you can return the item without it. The seller's demand for its presentation is unlawful.

How to return an item without a receipt

Often sellers refuse to issue a receipt at the market, because without a receipt, you cannot return the goods. However, according to the law, the absence of a receipt is not an obstacle to the return of the purchased item. confirm that you made a purchase from this seller in other ways:

• provide other supporting documents (debiting the card, if the merchant accepted the payment that way, invoice)
• provide witnesses to your purchase (therefore it is better not to go to the market alone).

Please note that most markets, in an attempt not to issue you a check, refuse to install card terminals, since all fund transfers are recorded in the history of banking transactions.

Witnesses will be required to give “testimony” on paper, but their presence is often sufficient. In addition, it happens that a certain brand in the entire market is sold at only one point, not to mention the fact that the documents of the point must contain a list of products with their article numbers (which, as a rule, can be found on the labels of the products themselves).

In general, missing a receipt is not a problem. The problem is to prove to market traders that the law applies to them to the same extent as to other points of sale.

Which children's toys cannot be returned?

Although it is possible to return children's toys to the store, there are categories that cannot be returned.

For example, even in the first 2 weeks, you cannot give back:

• soft toy;
• children's inflatable toys, such as a swimming pool, an inflatable ring, a beach mattress, etc.

Such purchases cannot be refused if there are no defects - this is explained by the rules of personal hygiene.

But even non-returnable goods can be returned to the store if:

• the seller provided false or incomplete information about the toy;
• the cashier has not yet punched through the purchase;
• you agreed in advance with the seller that he will accept the goods back if necessary.

For example, if you buy a toy as a gift and doubt whether it is suitable for the child’s age and interests.

Is it possible and how to return underwear back to the store?

Is it possible and how to return bed linen back to the store?

The seller does not want to exchange - your actions

It is not always possible to return toys to the store using the actions described above. If the seller refuses to return the funds, you must first insist on quality control and special examination. In this case, you should pay attention to two important nuances:

• the examination must be carried out at the expense of the seller;
• the buyer has the right to be present during it.

Important! If a citizen does not agree with the results of the inspection, he can protest them.

Current laws indicate that purchased toys can be returned within fourteen days or during the warranty period (except for goods described above).
Accordingly, if the results of the examination do not confirm the proper quality of the toy product, the seller is obliged to return the money or issue a new product to replace the old one.

If the latter refuses to carry out such actions, he violates the consumer rights of the citizen.

In this case, you can proceed as follows:

1. Make a written claim addressed to the head of the outlet demanding a refund. If the latter ignored the document or refused to carry out the procedure, you can proceed to the second step.
2. Draw up a statement of claim to initiate legal proceedings.

It should be taken into account that in some cases the costs associated with legal disputes may not be to the liking of the citizen, since they will exceed the cost of the product itself. Therefore, the question may arise about the advisability of filing a lawsuit and exchanging the toy.

How and where to complain about a kindergarten - instructions.

You need to know this - punishment for insulting a person.

Returning toys of inadequate quality

If after purchase you find a defect in the toy, you can return it to the store and demand it, in accordance with Part 1 of Art. 18 Zopp:

• repair it free of charge;
• exchange for the same toy of proper quality;
• exchange for another toy with recalculation of cost;
• return part of the money taking into account the defect;
• refund the full amount paid for the product.

You can also demand compensation for losses incurred due to a defective product, for example, if, due to the purchase of a soft bear with unraveling seams, you had to urgently look for a children's store and buy a toy several times higher than the market value.

You can return a defective toy during the entire warranty period, and if it is not specified, within 2 years from the date of purchase (clause 2, part 1, article 19 of the Law of the Russian Federation).

Expertise

If the parties cannot come to an agreement on the causes of the defect, an independent examination is appointed at the store’s expense (clause 2, part 5, article 1 of the Regulations). You have the right to be present at the procedure, and if you disagree with the results, to challenge them in court. You also need to be prepared for the fact that if the inspection shows that the cause of the defect was improper operation, you will have to reimburse the seller for the cost of the examination.

You have the right to independently order an independent inspection if you return a toy of inadequate quality. For example, if it has an unpleasant odor, indicating the use of low-quality materials, and an examination proves the presence of toxic substances, this is grounds for return even after 14 days. The inspection procedure is standard, regardless of who orders it - you must also notify the seller of the place and time, and if it is proven that the defect was not caused by you, the cost will be reimbursed by the store.

Returnable and non-returnable goods

Can a toy of good quality be returned?
In accordance with generally accepted practice, you can return not only items that are defective, but also toys that, for one reason or another, did not suit the child. It is allowed to hand over the goods if the buyer is not satisfied with them according to such parameters as:

1. Form.
2. Dimensions.
3. Style.
4. Size.
5. Colors.
6. Equipment.

Reference! The returned product must not have any damage caused during use.

The integrity of its packaging must also be preserved. It will not be possible to return children's goods if one of these two conditions is not met, or if the fourteen-day period is violated.

Are all children's toys returnable? Certain items cannot be returned even within the allotted time frame. In this case, it is necessary to pay attention to the special list of products approved by the government. It includes good quality products that cannot be returned, even if the child does not like them.

Only two categories of children's things are mentioned in this list:

• Stuffed Toys;
• rubber inflatable goods.

However, if the soft toy has retained its presentation, and all the stickers and labels are on the packaging, then you can try to negotiate with the seller. Perhaps he will accommodate the buyer halfway when he is convinced that the goods were really not unpacked.

Read whether it is possible to return goods without packaging.

And here are the types of liability for violation of consumer rights.

Follow the link for a list of documents confirming the quality of the product.

If toys were purchased online

The procedure for remote purchase is regulated by Art. 26.1 GDPR, according to which you can return the goods at any time before you receive them or within 7 days after delivery. The legislator establishes the seller's obligation to notify the buyer about the return rules in writing. Therefore, if you do not find such a reminder in the parcel, the return period is extended to 3 months.

It is important to note that sending the toy back is at your expense. Also, the seller's costs for delivery to your address will be deducted from the refund amount, so it is important to consider all the nuances before starting the return procedure.

How to exchange or return children's toys - step-by-step instructions

To exchange a children's toy or return money for it, you need to notify the seller of your intention and provide documents.

Application Form

Even if the seller is not going to argue about the return and is ready to calmly accept the product back, you need to write him a corresponding statement in writing. The law does not establish a special form for such documents, so you can write it in your own words.

Required conditions:

• compliance with the rules of business correspondence;
• indication of comprehensive information about the product.

Large stores have ready-made return application templates, so you just need to verbally communicate your intention, and the employee will print out the finished document and give it to you to sign.

If the seller does not have a ready-made form or you do not want to use it, you need to draw up a document yourself, indicating:

• these stores;
• information about the applicant;
• information about the product: characteristics, time and place of purchase, payment method;
• your intention to exchange the toy or return it to the store;
• reasons for such action;
• date and signature.

It is important to describe as completely as possible the product you are returning to the store. For example, if this is a machine with a control panel, you need to indicate the color, model, list of options, features.

The application is drawn up in 2 copies and submitted to the store in person or sent by registered mail. In the first case, you must ask the employee to put a stamp on acceptance of the application, in the second, the proof will be a postal receipt.

Sample application

Documentation

To return a toy to a store, you do not need to collect a list of documents. The application only needs to be accompanied by:

• personal passport for identification;
• a receipt confirming that the purchase was made in this store.

The employee will make a copy of your passport (or prepare one yourself) and take the receipt.

If there is no receipt

Since the receipt is needed only to confirm the fact of purchase, its absence is not a basis for refusal to accept the goods, provided that you can provide other evidence (Part 5, Article 18 of the Law on Procurement, Clause 2, Part 1, Article 25 of the Law on Law, clause 2, part 4, article 26.1 of the Law of the Russian Federation).

So, instead of a check, you can present:

• warranty card;
• bank account statement for non-cash payment;
• witness's testimonies;
• recordings from CCTV cameras.

If it is impossible to use the listed methods, you can request a second copy of the receipt from the store to confirm the fact of purchase. To do this, you need to name the exact date and the closest possible time of payment.

Refund deadlines

Let's consider the timing for the most common situations:

1. If you return a children's toy of proper quality and there is no similar product on sale, the seller is obliged to return the money within 3 days from the date of request (Part 2 of Article 25 of the Law of the Russian Federation).
2. When returning a low-quality product, the store has 10 days to satisfy the buyer’s requirements (Article 22 of the Law of the Russian Federation).
3. If the toy is transferred to the store for free repair, it must be carried out no later than within 45 days (Part 1 of Article 20 of the Law of the Russian Federation).
4. When purchasing remotely, the refund period is 10 days from the date of application (clause 4, part 4, article 26.1 of the Law of the Russian Federation).

In the second and third cases, the specified period includes inspection, examination and return of funds or restoration of the goods.

Exchange deadlines and procedure

Is the toy subject to exchange and return throughout the entire period of its use?
Yes, if certain guarantees are attached to it. Otherwise, you can exercise this right only for fourteen days. But this rule does not apply to defective products. You can exchange a defective toy after this period has expired. However, one important fact must be taken into account. Funds will be returned only after the examination has been completed.

The buyer can also receive a similar product in exchange for a low-quality doll or other toy. Special rules apply if non-cash payment was used at the time of purchase. Refunds will only be possible using bank cards. This is a common practice in the world.

Before returning a toy, you must:

• make sure that it is kept in good condition;
• find a receipt or sales receipt that describes the purchase;
• prepare a personal passport.

After this, you can contact the retail outlet. To return children's toys to stores, you must proceed as follows:

1. Make a personal visit to the retail outlet where the toy was purchased.
2. Contact the salesperson servicing the cash register. If the return occurs on the day of purchase, it is advisable to go to the cashier where the payment was made. Otherwise, you should contact the main cash register operator.
3. Express your desire to return the product back.
4. Fill out an application. It can be drawn up in free form or in accordance with the sample point of sale. In this case, it all depends on the specific store.

Attention! When filling out this document you will have to use your passport data.

After the procedure is completed, the goods will be sent for examination.
The citizen can immediately reimburse the cost of the toy or exchange the product, depending on the specific requirements of the buyer. Checks (and their analogues) play an important role in this case. They serve as proof that the toy (doll, toy house or other toy product) was actually purchased at the retail outlet where the citizen applied.
However, the latter does not always have the opportunity to find this documentation, especially after a few days.

The way out of the situation would be to involve witnesses who were present near the citizen at the time of purchase of the goods. If this was not possible, then you can require the seller to check the cash register tape.

Some establishments also record goods in accordance with the codes assigned to them. If a similar system is in place at the retail outlet where the purchase was made, you can ask a store employee to check the product using the barcode. Accordingly, although a sales or cash receipt is the basis for a return, you can return the product even if it is missing.

If the seller refuses to issue a return

In practice, many sellers refuse to accept children's toys back, despite the provisions of the Consumer Protection Law. In such cases, you can contact Rospotrebnadzor or the court.

Complaint to Rospotrebnadzor

When considering a complaint, the supervisory authority may initiate an unscheduled inspection, which creates the risk of identifying various violations and imposing fines. Sellers try to avoid such developments in the case, so the dispute about accepting the toy back may end if you simply declare your intention to complain to Rospotrebnadzor.

If a verbal warning does not produce results, draw up a complaint in free form indicating the store details, the applicant’s details and the circumstances of the case. It can be submitted to the territorial authority:

• personally with the obligatory affixing of an acceptance stamp on your copy;
• by registered mail with acknowledgment of delivery and a list of attachments;
• online—fill out a special form on the official website.

In each case, it is important to contact Rospotrebnadzor in your region, because the complaint will in any case be forwarded to your place of registration, which will increase the consideration time.

Sample complaint

The period for consideration of the application is 30 days from the date of registration.

Going to court

When filing a complaint with Rospotrebnadzor, you can only obtain a refund of the money paid; the fine imposed on the store will be paid to the state. And if you sue the seller, you can expect to receive:

• the cost of a children's toy;
• payment of a penalty in the amount of 1% of the cost of the goods for each day of delay in fulfilling your requirements (Part 1 of Article 23 of the Law of the Russian Federation);
• compensation for moral damage in the amount established by the court;
• payment of a fine in the amount of 50% of the cost of a children's toy;
• reimbursement of expenses for protecting your interests: legal costs, legal support, examination (if any).

Therefore, most consumers choose to go to court, especially when it comes to an expensive product.

If a store refuses to accept back a budget toy for 300-500 rubles, there is no point in initiating a legal dispute over such an amount. But if this is an expensive product, then you can get good compensation in court.

Pre-trial claim

Before filing a claim, you must follow the pre-trial procedure for resolving the dispute. To do this, the store is sent a written claim for the return of the goods, which is also drawn up in free form. The document contains the same data as in the initial application, adding:

• information about refusal to return money or make an exchange upon first contact;
• a warning about subsequent recourse to court if the demands made are not met.

The claim is also drawn up in 2 copies and submitted in person (with a note of acceptance) or sent by registered mail.

Sample claim

The waiting period for a response is 30 days from the date of receipt of the document by the seller.

Filing a claim

If the seller ignores the pre-trial claim or responds negatively to it, a statement of claim is filed in the magistrate’s court at the place of registration of the store.

The document contains the same data as in previous appeals, and also sets demands for payment of the amount paid, penalties, fines, moral damages and compensation for expenses.

Lawyer's answers to private questions

I ordered toys from an online store for 7 thousand rubles. They brought them in sealed boxes, so I did not have the opportunity to check them with the courier, who was in a hurry. After unpacking, I discovered that some toys did not correspond to the description, others were of frankly poor quality. I contacted the store, demanding to clarify the situation and return my money, but they say that if there is no defect, then a return is impossible. Is it so?

No, you have the right to get a refund for a product that does not meet the description or specifications. Write a claim to the store demanding a refund and a quality examination.

We bought a house for dolls at Children's World, costing 6,500 rubles. At home, it was discovered that some parts were missing, which is why the house could not be completely assembled. Can I request a refund?

Yes, you have the right to demand an exchange of goods or a refund, but you will have to find evidence that the parts were initially missing and that you did not lose them. First, write an application for exchange, then, depending on the position of the store, attract witnesses.

We bought an interactive toy in another city, but it stopped turning on after 3 days. The child didn't throw it, didn't break it, it just doesn't work. Are we eligible for a refund?

In any case, contact the store with a return request, if they claim that the defect arose due to your fault - order an independent examination, if it shows that you are not to blame, the seller will reimburse you for the costs.

We bought a car with a remote control, on the second day of work it hit the wall, causing the wheel to fall off. Can we request an exchange or refund?

Contact the store with a statement; if you wish, you can order an examination if you think that the car broke down from the first impact due to poor quality. But since there was mechanical damage, the chances of a return are small.

We bought a railway for our son, at first everything worked perfectly, but after a few days the trains began to turn off or fly off the road. On the third day of this game, my patience ran out, and I took the toy to the store, where I heard that they would assemble the road and if everything worked, then they would not return anything. What should I do if I refuse?

Request an independent examination and write a pre-trial claim, then go to court.