How to return a product purchased in installments?

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What is enshrined in law

If the buyer is not satisfied with the purchased product, he thinks about how to return it on time in order to meet the deadlines set for this. The conditions under which the goods are returned and the permissible period are determined by the Law “On the Protection of Consumer Rights” (hereinafter referred to as the Law). This regulatory act takes into account the interests of each party: both the seller and the buyer.

If the consumer finds any defect in the product he purchased, he has the right to return it or exchange it for a similar one.

Any of the purchased non-food products is subject to exchange if it does not suit the buyer (wrong color, inappropriate parameters, shape, incomplete set), but provided that it is of proper quality. The only exceptions are goods from a separate list - they are not allowed to be exchanged (Article 18, as well as paragraph 1 of Article 25 of the Law).

The same rules apply to goods purchased on credit. That is, the seller can himself provide a deferment (installment plan) in paying for the cost of the goods, or the bank (credit institution) transfers the necessary amount to the buyer to be able to pay for the selected goods immediately.

Note! The latter case involves certain nuances of the return, exchange (replacement) of goods, which relate to the debtor’s fulfillment of obligations under the loan agreement (clause 1 of Article 488 and clause 1 of Article 819 of the Civil Code of the Russian Federation).

Return of quality goods

The period during which low-quality goods are returned is determined by Article 25 of the Law.

There are two options, and you need to decide which one to choose within two weeks:

• bring the goods back to the seller, returning them for a refund;
• exchange the purchase for another product - quality.

The starting point for these days is the day the low-quality product was purchased.

You can contact the store on the day you purchased the product if defects are identified immediately. A statement is written for this purpose.

If the shift has not ended, money for goods of inadequate quality is returned from the same cash register where the receipt was issued upon purchase.

This means that it is optimal to solve the problem without putting it off until tomorrow, namely, on the day of purchase. This way, all issues are resolved immediately, and no controversial issues or delays arise.

How can a buyer return products purchased in installments?

What is an installment plan? This is the process of purchasing a product for a specific fixed amount (in this case, the markup is calculated immediately). It is the first payment, which is agreed upon at the time of concluding the contract and the subsequent payment of the full purchase price in equal shares for a specific period (usually from three to twelve months).

Such conditions can only be put forward by the store itself. If payment is not made on time, the store has the right to demand the return of the goods. But if the initiative to return the goods comes from you, then in this case the seller must either return your money for the goods, or replace the goods with similar characteristics or the same.

The loan is issued only by an intermediary bank and offers its consumers special conditions. As a rule, the amount for a specific product is paid by a certain organization, and you already need to pay and return the full amount with accrued interest. Payments also occur in equal shares for a specific period of time.

What is the difference between installments and a loan?

In fact, the difference is very significant.

Firstly , installment plans are provided only at the initiative of the store itself. Only the store sets the rules by which installment plans are provided. If the consumer decides to use the installment plan, he will not have to pay interest. In a loan, interest is a mandatory component.

Secondly , if the buyer does not pay on time, according to the installment plan, then, as a rule, this will entail the return of the goods, while penalties (penalties) are simply charged on the loan.

Important! If a dispute arises regarding installment payments, you will deal directly with the seller himself. And if the matter concerns goods taken on credit, then the bank will be completely indifferent to what financial problems you have.

Can jewelry be returned?

Is it possible to return cosmetics to the store? Read here.

Is it possible to return silver jewelry to the store, read the link

Returning goods of inadequate quality

Remember! When the buyer discovers defects in the goods he has purchased, he is given the legal opportunity to:

• formalize a refusal to purchase, insisting on reimbursement of costs incurred;
• insist on replacing the purchased copy with the same or similar model, with the option of an additional payment (if the replacement product is more expensive) or compensation for the difference in amounts (if the product is cheaper);
• demand a reduction in the purchase price of the purchased defective product;
• insist on immediate correction of the defect at the seller's expense.

What is the deadline for returning a defective product to the store and submitting claims by the buyer?

When defects are suddenly discovered in a purchased item, indicating its low quality, it is returned.

As a standard, low-quality products are returned within the warranty period established by the manufacturer. It is indicated when issuing a warranty card at the time of purchase.

Important! If the warranty period is not established, then the client who purchased a low-quality product has the right to present his claims within up to 2 years (from the date of purchase) - this rule is established by law.

The beginning of the warranty period is the day the customer accepted the item from the store. In the absence of documentary evidence of this date, the day the product was released is taken into account.

For seasonal products, the warranty period is calculated from the beginning of the season, taking into account the climate zone where the buyer lives.

For example: for goods for use in winter purchased in summer, the period in the central zone of the Russian Federation begins in November.

The period for returning funds paid for low-quality goods is determined by Article 22 of the Law - the seller must pay the cost of the returned goods within 10 days from the date of application.

If the client’s legally stated requirements are not met within this period, the culprit faces a penalty for the entire period of delay in the amount of 1% of the purchase price (for each day of neglect).

The period in which funds are returned is determined depending on the absence or purpose of an examination of the product.

If a common defect is detected, for example, the sole of a shoe has come off, in such a case the item is accepted unconditionally, without requiring an examination.

Note! In case of a complex deficiency, an examination is mandatory. It is carried out within a maximum of 45 days from the moment the client submits a claim.

The result of the examination will indicate the presence or absence of a defect, therefore, the nature of the response to the client: satisfy his requirements in full or refuse, justifying his position with a written expert opinion.

Sample complaint for the return of goods purchased in installments

On June 5, 2021, the Rainbow household appliances store received an application from citizen P.T. Vlasov.

3 months ago, Vlasov purchased a Samsung refrigerator in installments for 35,000 rubles. The payment period was divided into 5 months, the monthly payment was 7,000 rubles. After 3 months, the owner discovered that the refrigerator stopped cooling food. The buyer called the store, where they sent a repairman.

After inspection, it turned out that the cooling system was not working due to a refrigerant leak. The technician explained that this was due to poor sealing of the compressor with the system pipes and was most likely a manufacturing defect.

Sample request for a refund for a defective product

Vlasov wrote a written claim to the store for the return of all amounts paid in installments - 21,000 rubles and termination of the contract. As a result, an expert study was carried out, during which it was determined that the manufacturing defect can be repaired and does not belong to the category of significant deficiencies.

The management of Raduga offered Vlasov to repair the refrigerator free of charge, namely to install a new compressor within a period not exceeding 45 days. The refund claim was rejected. In his decision, the store director was guided by Article 18 of the ZPP law, as well as the List of technically complex goods No. 924 of 2011.

What products cannot be returned or exchanged?

According to the law, it will not be possible to return a number of products, even if their characteristics and some properties are questionable. For example, has anyone heard about the return of toothpaste? It’s hard to imagine that after going to the store, a person at home would open a new tube of toothpaste, unseal it (breaking the integrity of the packaging) and decide that for some reason it doesn’t suit him.

The situation is similar with other personal hygiene products: combs, toothbrushes, cosmetics, other hygiene products, etc.

However, the fact that there is an obvious defect or defect fundamentally changes the situation - then the seller accepts such a product upon return or exchanges it if the buyer wishes.

What kind of goods does the law prohibit from returning after they have been purchased?

The Decree of the Government of the Russian Federation of January 19, 1998 No. 55 speaks of such purchases:

• items used for hygienic purposes (hair clips, combs, wigs, curlers, etc.);
• bath products (shampoos, balms, shower gels, hair sprays and masks, etc.);
• items used for preventive and therapeutic purposes (medicated toothpastes, medications, diagnostic medical devices, baby powders, items used to care for newborns);
• textile and clothing goods (stockings, knitwear, underwear). The exception is outerwear;
• TVs, cameras, electronic toys, phones, video cameras;
• gaming consoles, computers (PCs, laptops, netbooks, etc.).
• gas appliances;
• electrical tools;
• cartridges;
• weapons (civilian) along with their components;
• items for wood and metal processing;
• animals and plants;
• jewelry.

Remember! Sellers do not have the authority to shorten (expand) this list of items that cannot be returned.

Products classified as food products cannot be returned, unless their expiration date has expired.

Please take this information into consideration and carefully review your purchase for any defects before purchasing anything. Compare it with the list provided so that the impossibility of a return does not come as a surprise and there are no unnecessary disputes with sellers.

What amount is refundable?

No matter how the buyer makes the payment, this will not affect the terms of the return (replacement) of the purchase.

Determining the exact amount of funds to be returned and the refund procedure applied depends on the method of obtaining a loan for the purchase of goods.

When a product was purchased on an installment plan, the buyer enters into an agreement with the store for the purchase of the product, the essence of which allows the payment of funds for the product in separate amounts, in accordance with the schedule approved by the agreement. It is the store that provides such a service as installment payment, so each payment is transferred to his personal account.

When we talk about a consumer loan, here the money for the purchase is allocated at the expense of a banking institution. In addition to the client signing a contract for the purchase of the selected product, he additionally draws up an additional an agreement with a bank to allocate loan funds for their intended use.

Here, all subsequent payments are subject to transfer to the lender represented by the bank.

Important! Paragraph 5 of Article 24 of the Law says that when goods of questionable quality are returned, the store is obliged to return to the client the amount paid by the latter for the product by the time it is handed over. That is, the loan portion repaid to the bank along with the costs of providing the loan must be returned. When the installment plan involves the accrual of additional interest to the client, you can demand reimbursement for them.

Until the agreement with the bank to provide a loan is terminated, payments under the agreement are transferred on time and on schedule. In this case, the beginning of the return of goods purchased on credit does not play a role.

Unilateral termination of payments will entail the imposition of fines by the creditor on the defaulter, which will negatively affect the client’s credit history.

Once the product has been returned, the lender will not reimburse any interest paid. It would be better to go to court to claim material damage. However, this process in practice will drag on for several months if the seller resists processing the return.

Monitor the timely fulfillment of obligations under the terms of the agreement signed with the bank.

What costs cannot be refunded:

• money paid for product insurance;
• interest for using credit money and the cost of banking services when returning the goods in working condition.

Watch the video. The right of buyers to return and exchange goods does not depend on the form of payment:

Is it possible to exchange a quality credit product?

According to the general rule established by Article 25 of the law on food products, you can, no later than 2 weeks after purchase, change a non-food product if its external properties or internal characteristics do not suit you.

However, there is an exception. A special government List adopted in 1998 identified a number of goods that you cannot return or exchange if they are of high quality:

• household appliances purchased on credit;
• car;
• prefabricated furniture;
• photographic equipment;
• cosmetics;
• precious items and a number of other things.

If your purchase is not included in the specified list, you fill out the trade-in form in the store, filling out the seller information, your contact information, the reason for the trade-in and the credit amount along with the down payment.

In this case, you receive a new product, the loan agreement continues to be valid, and you make monthly payments to the bank.

Exchange of goods in the store

Exchange of goods is available strictly within the period established by law - two weeks, regardless of the day and time. When they exchange a product for a similar one that costs the same, there is no need to contact the bank and correct the documentation. The employee only needs to fill out the exchange form.

However, when exchanging a product for a new one, but with a different price, a full refund is required, followed by a new purchase.

In these circumstances, the following documents are submitted to the bank:

• an act certifying the fact of return of the goods;
• documents for the product presented as a replacement (they reflect full information).

To avoid unnecessary delays in the process at the bank, immediately take the required amount with you.

Complaint to the store and processing time

Initially, focus your attention on whether the agreement on the provision of a consumer loan specifies the procedure for organizing the return (exchange) of goods purchased on credit terms.

Also in this agreement, one of the grounds sufficient for termination of the credit agreement may be the fact of termination of the contract for the transfer of goods.

In addition, it describes the procedure for notifying a credit institution about the early repayment of loan funds (clauses 4, 9, 10 of Article 5 and Article 11 of the Law “On Consumer Credit (Loan)”).

When making a claim, clearly define the wording of the demand: refusal to fulfill the terms of the CP agreement with the return of funds paid for the goods, replacement (exchange) of the goods with a similar one with similar characteristics (Articles 18, 25).

When making demands for the return of funds paid for goods, indicate in the claim the bank details of the account where you want to redirect the funds returned by the seller

to repay the loan taken for the purchase of goods, and when returning low-quality goods - interest and other payments under the consumer contract. loan.

The specified amounts must be transferred within 10 days from the date on which the demands were made (Article 22, paragraph 6 of Article 24).

It will be better if the claim is submitted in two copies. On the second copy, the responsible person accepting the document must put his signature, indicate his position, full name, the date when the claim was accepted, and put the seller’s seal (if any).

The buyer should keep this copy with marks with him, since it certifies the fact of circulation and information on it.

Remember! If the seller categorically refuses to accept the claim and put any acceptance marks, it is better to transfer it by postal service. Such a letter is sent with an inventory and notification (subparagraph “b” of paragraph 10 of the Rules, approved by Order of the Ministry of Telecom and Mass Communications of the Russian Federation dated July 31, 2014 No. 234).

If a defective product is returned, a consumer contract must be attached to the claim. loan (its copy) and documents on payments made, which certify the fact of transfer of interest (other amounts) to the financial organization under the specified agreement.

In such circumstances, checking the goods for quality and sending them for examination are financed and organized by the seller (clause 5 of Article 18).

Once a claim is submitted, you must wait 10 days for a response.

The wait may last longer if the seller decides to send the product for repairs or expert examination.

Repairs under warranty are required by law to not last longer than 45 days.

If the examination reveals the presence of a manufacturing defect in the product, the money for it will be fully reimbursed to the buyer within 10 days.

ATTENTION! View the completed sample claim for returning goods to the store:

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

If the product purchased on credit is of poor quality

In this case, you will be able to put forward to the store management one of the requirements provided for in Article 18 of the ZPP law:

• terminate a purchase and sale agreement with installment terms or a consumer loan agreement drawn up at a bank (this right is also enshrined in Article 11 of the Federal Law “On Consumer Credit”);
• eliminate defects free of charge or compensate you for repairs paid for with your own funds;
• replace the purchase with the same or another model.

IMPORTANT: you have 15 days to file a claim for termination of the loan agreement. The store management considers the complaint, checks the quality of the item, and if there is no doubt about a manufacturing defect, transfers the money no later than 10 days.

More often, situations arise when the management of a retail outlet considers the buyer to be the culprit and orders an expert investigation, which takes an average of 20 days. Further actions will depend on the opinion of the expert, who will establish the nature and time of occurrence of the deficiency.

If you discover a defect later than 2 weeks, you will only be entitled to claim repairs. The exception is the purchase of a product with a significant flaw.

If you bought a technically complex item on credit (a car, refrigerator, personal computer, agricultural machinery), then a refund is possible if the shortcomings are considered significant (the expert determines that they cannot be eliminated, or repairs will be too expensive and unprofitable).