The procedure for returning underwear according to the law. When can you return it and when not?

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Published: September 30, 2018

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The sale of any goods, as well as the interaction between the seller and the buyer, is regulated by the Law of the Russian Federation “On the Protection of Consumer Rights” and Decree of the Government of the Russian Federation No. 55 of 1998.

  • Legislation
  • Features of the return procedure How to return a quality kit
  • What to do if the seller refuses to accept bed linen
  • Legal reasons for refusing to return bed linen
  • As a rule, there are no difficulties in determining the category of goods. But bed linen became a real stumbling block. Current state regulations and laws do not allow us to formulate a clear opinion as to whether bed linen belongs to “sewing and knitted linen products,” which are not subject to exchange or return if quality requirements are met.

    Russian lawyers have divided opinions. Let's consider both options.

    Reasons for returning goods

    Returning goods on Ozone is possible for various reasons. Let's look at the main and most common ones:

    Reason for return Conditions for accepting goods
    The product did not like or did not fit — Return of the complete set (if it is a book in two volumes, then you can return both at once, but not one of them, keeping the second one).

    — The product has retained its consumer properties. For example, the expiration date has not expired.

    — The product packaging is not damaged.

    — The product has retained its presentation.

    - If this is an electronic device, then the condition will be that there are no programs installed or activated by the user.

    — There are no signs of use on the product.

    The product was not delivered completely, was damaged or was found to be defective There are no special conditions. The main thing is to prove that the goods really were such before receiving them, otherwise it will be difficult to return them.
    The product is broken Broken items usually cannot be returned and will be repaired as long as they are still within the warranty period. In addition, if the deadline has already expired, the service center can still repair the product, but for a fee. If the product cannot be repaired, it may be replaced or your money refunded.

    You should take into account the fact that some products are not subject to exchange or return from a legal point of view. They cannot be returned, even if they are in good condition and meet all conditions.

    How to return proper and inadequate quality

    To return a product with defects, you must first find a receipt from the store. In his absence, you can attract a witness who was with you at the time of purchase or a consultant of this store. If possible, you should pack it in the same packaging that was included when you purchased it.

    In the store, show the seller the product and explain what the defect is. Typically, the seller will ask you to fill out a return application. The law does not oblige you to do this. But to quickly consider the issue of a return, it is recommended to fill out such an application. It indicates the buyer’s passport details, the cost and date of purchase, the reasons for the return, your requirements according to the law, and the method of payment of funds.

    Sample application for returning goods.doc

    Methods for returning goods to Ozon

    There are several main ways to return goods to Ozon. Much depends on the client's capabilities. Below is how to make a return step by step for all basic options.

    At the point of delivery of the order

    If the product is of proper quality (meets the return conditions), then the easiest way is to contact the order pick-up point. Instructions:

    1. Fill out an application. You can do so directly at the time of application or in advance, based on this form.
    2. Bring the goods yourself to be returned to the Ozon Port or Ozon Spot pick-up point (this service is not provided at other points).
    3. Provide the product to an online store employee for inspection.
    4. Provide a completed application.
    5. Receive a document confirming the fact of the return.
    6. Wait for the required amount to be transferred.

    Via parcel locker

    In order to return goods via post office, you must:

    1. Log into your personal account on the Ozon website.
    2. Submit a return request.
    3. Choose a suitable parcel locker.
    4. Pack the product in a bag or box (depending on its type).
    5. Write the return number on the package, which can be viewed in your personal account.
    6. Bring the goods in packaging and load them into the parcel locker.

    In some cases, all parcel lockers may be full. In such a situation, you can try to return at another time (or another day). Alternatively, you can specify another suitable device in your personal account.

    Via courier

    You can also return to Ozon via courier. Moreover, this online store agrees to accept returns for a number of goods (for example, fireworks) only through a courier. To do this, you need:

    1. Log into your personal account on the Ozone website and fill out a return application.
    2. Wait for the courier.
    3. Give him the goods.
    4. Receive confirmation that the goods have been transferred.

    This service is available primarily to those clients who have Premium status. In addition, this opportunity is not relevant for all localities. Thus, the courier will be able to pick up the goods only in the following cities:

    Moscow and region Volgograd Saint Petersburg
    Voronezh Kazan Leningrad region
    Kopeisk Krasnokamsk Ekaterinburg
    Nizhny Novgorod Permian Krasnodar
    Rostov-on-Don Saratov Novosibirsk
    Sochi Tver Samara
    Tyumen Chelyabinsk Surgut
    Engels Yaroslavl Ufa

    Via Russian Post

    The product can also be returned via Russian Post, but this service is available only for those parcels whose total weight does not exceed 20 kilograms. You can arrange the shipment at absolutely any branch of the Russian Post. In this case, you do not need to pay for shipping services; you just need to notify the postal employee that this parcel is a return to the Ozon online store. The employee will arrange and pack everything himself (packaging is paid). If necessary, you can pack the goods yourself, following the requirements of Russian Post. Otherwise, the parcel will not be accepted.

    The parcel must contain the order number. You can write it on a separate piece of paper and put it inside, or simply stick it somewhere inside the box. After registration, a Russian Post employee will give the client a receipt. It indicates the parcel number by which it can be tracked.

    What is regulated

    In Russia, trade is regulated by the Law on the Protection of Consumer Rights and the “Rules for the sale of certain types of goods”; in the case of online purchases, rules for distance selling are added.

    These rules of law apply depending on:

    • Features of the purchased item: we will consider the terms of return and exchange of underwear - a specific product, which is written in the lists as “5. Sewing and knitted products (sewing and knitted linen products, hosiery)”, and in practice the definition is most often used as “clothing worn on the body, exclusively for personal use”.
    • Purchase method: regular or remote (online store, catalog, order groups). The key difference is whether or not it is possible to consider what is being purchased before the transaction.
    • Reasons for return: defective, incorrect information, without an objective reason - simply the buyer’s desire.

    How to apply for a refund in your personal account

    In order to submit such an application, you must:

    1. Open the Ozon website.
    2. Click on the “Login” button.
    3. Enter your phone number (used as login).
    4. Receive an SMS notification with a code to the specified number and enter it in the appropriate window.
    5. Go to the “My orders” section.
    6. Select the order you want to return.
    7. Click on the “Return goods” button.
    8. Fill in all data.
    9. Confirm submission of the application.
    10. Get a return code. It must be indicated regardless of the chosen return method, except for personal contact at the points of issue.

    Return or exchange of a defective kit

    If the buyer, after purchasing the bedding set, discovers an obvious defect , then he has the right to demand that the store reimburse the money spent or exchange the product for a quality one.

    Bed linen is considered a product of inadequate quality if:

    • tissue integrity is compromised,
    • not a complete set (no pillowcase, sheet or other component),
    • discrepancy between the design or color stated on the packaging,
    • poorly stitched seams,
    • discrepancy between the stated sizes,
    • discrepancy with the declared composition of the fabric (cotton is indicated, but in fact it is synthetic).

    In this case, you need to have time to make a return or exchange within a period not exceeding 14 days from the date of purchase.

    To return products of inadequate quality, you must present a cash receipt or sales receipt (or other evidence of a purchase from this seller), as well as write an application for replacement of the product or reimbursement of funds spent.

    The application must be written in 2 copies. Packaging and labels must be preserved, bedding must not be used.

    Sometimes the store does not admit its guilt in a product defect; in this case, an examination can be carried out to recognize the kit as a product of inadequate quality.

    Both the buyer and the store can conduct such an examination. But in any case, the buyer must submit an application for an examination.

    claim form for returning goods of inadequate quality.

    Terms for returning goods

    When returning goods, you must take into account the current terms and conditions:

    • Almost all products can be returned without explanation or any problems within 1 day after receiving them. For Premium clients this period increases to 3 days.
    • If the product is of poor quality or does not fit, it can be returned within 7 days.
    • Within another 14 days (two weeks), you can return almost all goods (for Premium customers this period is 2 months).
    • During the warranty period, you can return almost all defective goods. Please note that some products do not have a warranty period. For example, for shoes and clothing it is only 30 days, but the countdown begins with the onset of the season. Simply put, if a client bought summer shoes in winter and put them on only when summer arrived, then the warranty period starts from that moment. For many other products without a stated warranty period, it will be 2 years.

    As mentioned above, all of the above is relevant only for those groups of goods that can be returned by law. Please note that goods purchased in installments are returned according to the same rules. It’s just that the procedure for returning funds to the bank will be more complicated and, perhaps, a little longer than usual.

    What to do if your return is refused

    If your verbal appeal did not have any effect and you were refused, write a complaint to the store. In his header in the upper right corner they write the name of the store, its address and indicate their last name, first name, patronymic, residential address and telephone number for feedback. In the text of the application, describe when and what kind of underwear you bought, what the poor quality was, and formulate your requirements. Don't forget to sign and date it at the end.

    The claim is drawn up in two copies . One is sent to the seller, the other remains with the buyer. If you are submitting your claim in person to the store, ask the seller to put a mark on your copy indicating that your application has been accepted. You can send a claim to the store by registered mail with notification.

    The seller has the right, at his own expense, to carry out an examination in order to establish the cause of the defect. Please know that you have the right to be present at the examination. If during the inspection it is determined that the defect arose due to the fault of the buyer, the costs of the inspection shall be borne by the buyer.

    Sample return request.doc

    Then, within 10 business days, the store must respond to your application .
    If this does not happen or a negative response is received, you must contact Rospotrebnadzor or the court.

    Refund deadlines

    Ozon does not indicate clear deadlines, citing the fact that much depends on banks and payment systems. On average, based on practice, the period for a standard refund is about 10 days from the moment the online store receives the goods (but not from the moment the parcel is sent; several days or even weeks can pass between these two events). If the client applies for a warranty claim, the period increases to approximately 3 weeks. If the deadline has already passed and you still don’t have the money, you can contact support.

    If deficiencies are found

    “Product with defects” or “product of inadequate quality” (both of these formulations are used equally often) can be returned to the seller. The return period for defective products is two years.

    We must remember that in court, if it comes to it, it will be the buyer who will have to prove the manufacturing nature of the defect . This requires expertise.

    Important: the examination should not be carried out immediately. It is better to write a complaint to the seller with a description of the defect and the words: “the factory nature of the defect is beyond doubt.” You can also ask for a quality check at the nearest sewing workshop and write an inspection report. Most sellers are satisfied with their own verification of whether the item being returned is defective.

    Return instructions:

    • Write and deliver to the seller a demand based on Articles 18 and 19 of the law.
    • Submit the product for inspection.
    • Wait 10 days and find out about the decision.
    • If the answer is negative, appeal the decision to Rospotrebnadzor.

    Advice: it is difficult to prove a manufacturing defect after a long period of use or storage, so it is better to hurry up and issue a return within a “reasonable period” of a couple of weeks to a month.

    Download a sample claim for returning underwear to a store

    Return of low-quality bed linen

    Bed linen can be returned to the store if the purchased product is defective or the seller violates the rules of trade:

    • Use in the production of materials that are toxic or hazardous to human health - fabrics and dyes.
    • Incomplete product set. For example, the purchased bedding set is missing one of the elements - pillowcase, sheet, duvet cover.
    • The actual dimensions of the laundry do not correspond to those indicated on the packaging.
    • There are signs of poor production quality: the seams are coming apart, the paint is fading, the fabric is easily torn with minor impact.

    It is permissible to return the purchase to the seller before the expiration of the warranty period. Preservation of presentation, labels or factory packaging is not required.

    At the request of the trade organization, an examination is appointed to determine the low quality of the product. This procedure is paid, but if the specialists confirm the presence of a manufacturing defect, the seller will have to pay for their services.

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