Is it possible to return cosmetics to the store under the consumer protection law?

In accordance with the legislation that protects the rights and interests of consumers, both a low-quality product and a product that fully meets its initially stated characteristics can be returned to the store. However, there is a category of products that have slightly different return rules. One of them is cosmetics.

What does the consumer protection law say?

Every day people make a large number of different purchases, and therefore must have a clear understanding of their rights as a consumer.

Thus, if we analyze the norms of the Federal Law of the Russian Federation “On the Protection of Consumer Rights” (hereinafter referred to as the Federal Law of the Russian Federation “On ZPP”), we can identify the following fundamental principles for the sale of goods, which also apply to cosmetics:

• The seller is obliged to sell only high-quality products to customers,
• the product sold must fully comply with the purposes for which it was originally purchased and which were immediately stated by the buyer,
• the product must fully correspond to its description and sample,
• the product must be absolutely safe for consumer health within the established expiration date,
• the manufacturer must provide comprehensive information about the product on the basis of which the buyer can make his choice.

REFERENCE. For cosmetics, there is a special sales procedure established within the framework of Decree of the Government of the Russian Federation of January 19, 1998 No. 55 .

Thus, the features of the sale of perfumes and cosmetics products are presented by the following points:

• the buyer must be provided with the following information about a particular product: its composition, purpose, procedure for use, including warnings, weight, storage conditions, etc.,
• If we are talking about a perfume store, then there must be litmus tests soaked in perfumes of different brands. This is necessary so that the buyer can decide on the smell in advance (clause 55 of the above-mentioned Decree of the Government of the Russian Federation),
• Before delivering the cosmetics, the seller must invite the client to open the packaging and check the contents.

Thus, failure to comply with the above-mentioned consumer rights gives him the full right to bring the purchased product back to the store. However, certain types of products can be returned even if they are of good quality.

✔️ 1. Replacement of defective goods

There are two options: replace a defective product with the same product or with a product of a different brand/model with recalculation of the cost.

To do this, you need to contact the seller, and if he refuses, send him a claim, describing the shortcomings of the product and stating the requirement to replace it. Please include a copy of the receipt with your claim.

Be sure to receive confirmation that the seller has received your claim: confirmation that it was sent by registered mail or a receipt stamp on one of the copies.

Next, you should wait until the seller finds out the reason for the defect. An examination may be needed.

Note! If it takes more than 7 days to replace a product, at the consumer’s request, the seller is obliged to provide a replacement free of charge within 3 days during the waiting period and deliver it at his own expense.

✔️ 2. Free repair

If you bought an item and it immediately broke or was already damaged, you don’t have to part with it, because you can repair it at the seller’s expense.

In general, the procedure is similar to the previous point - address the requirements directly, and if that doesn’t work, write a complaint demanding that the shortcomings be eliminated.

In your complaint, indicate the date of your complaint and the period within which the seller must eliminate the defect in the product.

✔️ 3. Exchange and return of goods that did not fit

Perhaps everyone has had a situation where something looks completely different at home than in the store.

Even if the product does not have any defects, you have the right to return it within 14 days, not counting the day of purchase.

For example, when trying on expensive shoes at home, quite unexpectedly, they turn out to be small or do not match the rest of your clothes.

This is not a problem: contact the seller with a request to return or exchange them. Refer to one of the reasons specified in the law - the product does not fit in shape, dimensions, style, color, size or configuration.

Please note that there are a number of restrictions: the product must only be non-food and not be included in the List of goods that cannot be returned or exchanged (Resolution of the Government of the Russian Federation No. 55 of January 19, 1998).

List of reasons for making a return

The Federal Law of the Russian Federation “On ZPP” provides for two most general grounds, one of which can be used to return goods back to the store:

• low quality that does not correspond to what was initially declared ( Article 18 ),
• return of a product that does not meet the buyer’s taste preferences, is not suitable in size, style, etc. ( v. 25 ).

Return of cosmetics of inadequate quality

In case of purchasing a low-quality cosmetic product, the buyer has the right to present to the seller one of the following requirements ( Clause 1, Article 18 of the Federal Law of the Russian Federation “On ZPP” ):

• replace with a product of the same or a different brand,
• reduce its initial cost,
• correct the defect free of charge or compensate the corresponding expenses (usually such a requirement is not made for cosmetics),
• return the money paid back.

IMPORTANT. If damage was caused to the buyer’s health due to the use of a low-quality cosmetic product, he has every right to recover it from the store.

The most typical signs of poor quality cosmetics include:

• expired,
• the product does not correspond to its description (for example, the color of the lipstick does not match the one indicated on the package),
• the presence of characteristics atypical for a particular product (for example, clots in the cream, unpleasant odor, unusual color, etc.),
• presentation of deliberately false information about a product (for example, a certain product was initially positioned as completely natural, but upon arriving home the consumer discovered synthetic additives in its composition).

Cosmetics of proper quality

Sometimes there are cases when, upon arriving home, the buyer understands that the purchased product does not suit him according to certain parameters not related to quality. For example, the following situations can be cited:

• the color of the foundation does not match the tone of the face,
• lipstick shade didn't match
• after a while the perfume developed a not very pleasant smell on the skin,
• uncomfortable brush on mascara, etc.

In such a situation, the consumer begins to think about returning the unsuitable product back to the store or exchanging it for another. However, in para. 4 paragraphs 1 art. 25 of the Federal Law of the Russian Federation “On ZPP” states that there is a list of goods of proper quality that cannot be returned back to the seller. This list is approved by the above-mentioned Decree of the Government of the Russian Federation.

List of reasons for return.

Can cosmetics be returned if the container has not been opened and there are no signs of use?

Yes, this is possible in the case when:

1. On the packaging (in the instructions), the consumer found a footnote about the negative effects of cosmetics, which the seller did not mention.
2. The product turned out to be not natural, not branded, although the price tag indicated otherwise.
3. The shade (paint, varnish, lipstick) turned out to be wrong. But here it was impossible to see the goods in person when purchasing, since the container was tightly sealed and could not be visualized.
4. It was written “odorless”, but upon opening it revealed a very sharp, unpleasant, specific smell.
5. The company indicated on the price tag was not the one declared by the manufacturer.

If you suspect that cosmetics contain harmful substances, you can also return the product to the retail outlet. But first, the consumer must conduct an examination to prove the presence of these substances.

A separate item is cosmetics used for makeup. It can be returned if:

1. It turned out to be fake.
2. Does not meet the declared quality.
3. Side effects have been identified.

To protect yourself and exercise your right of return, when purchasing, you must carefully familiarize yourself with the appearance of cosmetics, smell, composition and possible contraindications. It is easier to return goods before paying at the checkout.

In what cases are cosmetics not eligible for return?

We can name several of the most common cases in which it will not be possible to return a cosmetic product back to the store. This includes the following situations:

• the claim for low quality was made after the expiration date of the product,
• defects in the product were caused by the buyer (for example, compact powder cracked due to falling to the ground as a result of careless use, perfume quickly evaporated due to being stored open),
• the return request is not related to the low quality of the product (the color, smell, etc. did not match).

When cosmetics cannot be returned

An important aspect when returning cosmetics is determining the quality of the purchased product and identifying obvious shortcomings of the product. The buyer will not be able to return the purchase in the following cases:

• inconsistency of the selected color, smell or consistency of the cosmetic product;
• failure to obtain the expected effect;
• clear confirmation of the proper quality of the product;
• the presence of appropriate labeling indicating all the necessary information about cosmetics.

For example, eye shadow purchased in a store cannot be returned if it simply does not suit the woman’s color. In this case, there are no complaints about the quality or non-compliance of the product with the stated characteristics.

Registration of the return procedure

If the consumer is firmly convinced that the identified deficiencies were not his fault, but are the result of poor quality, then he has every right to submit a corresponding demand to the store.

So, the procedure for returning goods is carried out in the following order:

Step 1 – First, you can try to resolve the problem verbally. Usually, if the store’s fault is obvious, management tries to quickly resolve such an incident.

Step 2 - if representatives of the retail outlet ignore the buyer’s verbal demands, then it is necessary to prepare a formal complaint.

Step 3 – preparation of documents that will be attached to the application. This may include:

• receipt for payment for cosmetics,
• testimony of witnesses (if available),
• results of the examination (if carried out),
• medical report on the harm caused as a result of the use of low-quality cosmetics (for example, severe allergies, poisoning of the body, etc.).

Step 4 - all prepared documentation along with the product should be delivered to the store and wait for a response.

REFERENCE. If the seller refuses to accept the claim, then it should be sent by registered mail with acknowledgment of receipt, and also write a complaint in the book of reviews and suggestions.

Step 5 - if even after all the measures described above, the store management continues to remain silent, you should contact higher authorities. We are talking about filing a complaint with Rospotrebnadzor or sending a statement of claim to the court.

How to get money back for a defective product

The purchase of professional cosmetics is carried out not only in stores, but also in special salons.
At the same time, they have a fairly high pricing policy, so many people use credit under certain conditions to make purchases.

In some cases, the buyer purchases a product spontaneously and, after receiving the sales receipt, wonders how to return the purchase? This situation is best resolved immediately after payment, since the receipt of funds has not been fully realized and you can refuse the product.

When paying with a payment card, the transaction can be canceled through the bank within a few hours after the funds have been received. To do this, you must contact the institution in person or by telephone.

Important! If there is a loan, the return procedure has some difficulties, since in this case the buyer must comply with the conditions set by the bank after providing funds for the purchase of goods.

To carry out the procedure, the buyer writes a corresponding application requesting a refund and provides the purchase.

Experts give advice when visiting a store or salon to purchase only the necessary cosmetics according to the list compiled and not to buy unnecessary products that may not be useful to the buyer later.

When choosing mattifying products and other cosmetics with different shades, it is best to ensure that the product fits perfectly, since otherwise, returning the product is impossible for a number of reasons described above.

If a low-quality product, when the packaging is opened, has obvious signs of a manufacturing defect, and the store categorically refuses to make a return after filing a complaint, then the buyer can contact higher authorities (Rospotrebnadzor, an organization for the protection of consumer rights).

If the application is completely ignored, a claim may be filed in court and further consideration of the paperwork. The reason for resolving a controversial issue with the development of such circumstances should be the high cost of cosmetics, since for small amounts this method is not advisable.

Returning cosmetics purchased from an online store

The procedure for returning products, including cosmetics purchased remotely, is prescribed in Art. 26.1 of the above law. In this case, the following rules apply:

• Before receiving cosmetics purchased in the online store, the buyer can refuse it at any time within 7 days,
• You can return both low-quality and high-quality products. However, in the latter case, it must retain its presentation,
• if upon delivery of goods of proper quality, the seller did not convey to the buyer information about the timing and procedure for its return, this can be done within 3 months from the date of receipt,
• it will not be possible to refuse a high-quality product that can only be used by the customer (as a rule, such situations do not arise with cosmetics),
• the seller must return the money for the goods within 10 days from the date of receipt of the request. In this case, delivery costs are deducted from this amount.
• In relation to low-quality cosmetics purchased in an online store, the rules provided for in Art. 18-24 Federal Law of the Russian Federation “On ZPP” .

What should I do to return an item to the store?

Unfortunately, it is difficult to get back what you spend on damaged or defective cosmetics. Simply approaching her and returning her, verbally asking her to give her money or replace the product, can only work if the funds are inexpensive. And where large sums are involved, sellers often refuse.

In such a situation you need:

• Find a receipt proving the purchase in this particular store.

• Write a written complaint that will contain all the necessary information about the purchase, your requirements, violations on the part of the seller and information about how the discrepancy or defectiveness of the purchased product manifests itself. Sometimes, to prove your case, an examination is required, the conclusion of which is attached to the claim.

• You must submit a written complaint in person or together with a witness in case the administration does not accept the complaint.

In the case of large retail chains, your requirements will most likely be satisfied immediately. Although, according to the law, the seller is given 10 days to consider the claim. If at the end of the period you do not have the required response to the complaint, contact Rospotrebnadzor and the courts.

Let's consider special cases of returning cosmetic products.

Return of low-quality products

Damaged products can be returned within the warranty period. If the period has expired or has not been established, then no later than 2 years from the delivery of the purchase to you.

In this case, you can count on the return of not only the money paid, but also full compensation for damage caused by a defective product. If you took cosmetics on credit, then the money paid will be returned to you, as well as payment for using credit services. If the price of the product has increased during the time of filing the claim, you can demand compensation for the difference in cost.

For this procedure, you will need a purchase warranty card, a passport, and a receipt. In the absence of the latter, you can try to refer to witness testimony.

If the administration of the retail outlet does not intend to accept the damaged goods back, you can take the following actions:

• Checking the quality of the purchase. Even when a store representative is against a return, he is obliged to carry out a quality check. And the buyer, if desired, can be present during this procedure.

• If, after checking the quality, the administration continues to claim that the damage occurred due to the buyer, it is necessary to conduct an examination. Expert research is carried out at the expense of the seller if the product is under warranty. Or at the expense of the buyer if the warranty period has already expired. The buyer can also attend the examination. If you disagree with the result, you can challenge it in court.

• If the expert determines that the store is at fault, the administration must return the money paid. If the damage occurred due to the buyer, then he is obliged to compensate the other party for the costs of storing the product and conducting an examination.

• If the seller refuses to comply with legal requirements, a written complaint must be made.

• If, even after receiving a written complaint, a refund or replacement of products has not been carried out, you can go to court with the appropriate demands. And, in addition to the costs of the purchase itself and legal costs, you will also be able to demand compensation for moral damages.

Return of quality cosmetics

Not all cosmetic products are included in the list of goods that cannot be replaced or returned. If what you purchased falls into this category, then you can get your money back, even if there are no complaints about the quality.

According to the Law “On the Protection of Consumer Rights,” you have the right to rely only on the exchange of cosmetics, and money will be refunded only if the corresponding product is out of stock. But in reality, none of the replacements offered to you may simply not suit you, and then the store is obliged to give back what you spent. True, in this case, the initial requirement should sound like a request specifically for the exchange of purchased cosmetics.

To carry out the procedure, you will need a passport, as well as a purchase receipt. If the seller accepts the goods back, you can draw up and submit a written claim to him. And if you continue to be ignored even after handing over the document, you need to go to court.

Making a claim

A claim is an important step to assert your rights if the seller does not agree to replace the low-quality perfume or return the money for it.

You must compose your written request carefully:

• Indicate the addressee of the claim in the right corner;
• Write your details, including contact details;
• Without emotion, describe the problem that has arisen, stick to a neutral tone without harsh language;
• Describe the desired way to solve the problem - return money or exchange the product for a similar one, discount on the product;
• Be sure to put the date.

ATTENTION! Make a claim in two copies. One of them, which you must keep in your hands, must be marked with receipt (with the date of acceptance, the details of the person who accepted the claim, and a seal).

The period for consideration of claims specified by law is 10 days . Based on the results of the consideration, the seller may decide to satisfy the buyer’s request indicated in the complaint or refuse to satisfy it. If you receive a refusal, the next step is to file a complaint with Rospotrebnadzor or a lawsuit in court .

What is needed for a return

Before you go to the store where you purchased low-quality perfumes, do not forget to take with you the bottle itself along with the packaging, as well as your passport and receipt.

There are several options for the development of events:

• You will be immediately exchanged for a similar product or your money will be returned;
• You will be offered a discount;
• You will be asked to wait for the arrival of a new batch of perfume and will indicate the waiting period for exchange;
• You will be refused an exchange or refund - in this case you will have to file a claim;
• The seller's side will offer you to conduct an examination or perform it themselves (in this case, you need to take a receipt from the seller accepting the perfume that he took the product for inspection).

If you are convinced that your request for an exchange or return is justified, but the seller does not cooperate and refuses to return the money or exchange the defective product, you should file a claim.

Having made a claim, you can send the perfume for examination. Based on its results, you can file a complaint with Rospotrebnadzor or sue the unscrupulous seller. Complaining is the first and mandatory step. It will need to be attached when applying to Rospotrebnadzor or the court.