ABC of the consumer ABC of the consumer. “The product cannot be returned or exchanged” Problems associated with the exchange and return of goods are still the most pressing and common among them.
Problems related to the exchange and return of goods are still the most pressing and frequent among us - buyers. Despite the fact that the Law “On the Protection of Consumer Rights” clearly stipulates the rights of buyers in such situations, many sellers are in no hurry to return money or exchange, citing various reasons for their refusal.
Which food products cannot be returned?
List of non-food products of proper quality that cannot be returned or exchanged for a similar product of a different size, shape, size, style, color or configuration (as amended by Decrees of the Government of the Russian Federation dated October 20, 1998 No. 1222, dated February 6, 2002 No. 81)
1. for the prevention and treatment of diseases at home (sanitary and hygiene items made of metal, rubber, textiles and other materials, medical instruments, instruments and equipment, oral hygiene products, spectacle lenses, child care items), medications;
Sample return invoice to supplier
Each institution independently decides which forms of primary documentation to use in accounting: either unified forms, or developed and approved independently (Federal Law dated December 6, 2011 No. 402).
IMPORTANT!
When developing your sample invoice for returning goods to the supplier, make sure that all the necessary details are indicated in the document form. Otherwise, the document will be considered void.
What goods cannot be returned - what does the Law say?
Every day we buy something. It is not surprising that as the consumption process increases, the supply of variety also increases. Unfortunately, it is not always possible to control the quality of the purchase or pay more attention to the inspection of the product. What to do if the product is not suitable? Can it be returned? The legislation allows this possibility, but at the same time warns that not all products can be returned.
Nutrition plays an important role in the life of every person. We carefully select food products. But a situation may arise when the purchased products do not suit us or are completely damaged and we want to return them. But not everyone knows how to properly make a return.
Is it legal to return products to the store?
After reading this article, you will be aware of how to return food products to the store under the Consumer Protection Law. The relevant legislation regulates trade relations between the consumer and the store. Based on this law, the buyer has every reason to return the purchase.
To carry out this operation, you should adhere to the following rules:
- It is possible to return only purchases of inadequate quality;
- Food products of good quality cannot be returned;
- A customer complaint is allowed only within the expiration date of the product;
- You can return your purchase even if you lose your receipt.
How to return products of poor quality to the store?
In most cases, the inadequate quality of a food product can be determined after opening the product. Most customers do not return goods due to the packaging being broken. This position is not at all correct! In accordance with the law, the buyer has the right to refuse a product if he notices that the products are of inadequate quality.
- The expiration date has expired;
- The presence of a foreign object or creature in the product;
- The information on the packaging differs from the contents of the product.
If the product meets the above points, the grocery store is obliged to:
- Exchange the product for a similar one;
- Reimburse the client for the entire amount spent on the purchase;
- Reduce the price if the buyer agrees to dispose of the product further.
It is worth noting that the return of food products of proper quality is prohibited. The administration of the grocery enterprise has legal grounds for refusing exchanges and returns.
Is it possible to return food products to the store after paying at the checkout?
The Consumer Protection Act prohibits the return of products of proper quality after the customer has paid for the product at the checkout. However, if you have given up on the idea of purchasing this product, you can ask the cashier to cancel the transaction. It is worth doing this before the check is printed. In order to return a trade item after paying at the checkout, it must be of inadequate quality. Then the store is obliged to return you the entire amount spent or exchange the product. If the client believes that the product is of poor quality, without having facts that would prove him right, it is worth asking for an examination. If the examination proves that you were right and the purchase is of inadequate quality, you can sue and demand compensation for all expenses.
Is it possible to return a food product to the store if you don’t like it?
You can return products back to the store only if they are of poor quality. Management has every right to refuse to return you products of proper quality. It is possible to return a purchase if you don’t like it if you haven’t paid for it yet and are at the checkout.
If I don't have a receipt, can I return the product to the store?
If you need to return a purchase of improper quality, you should have a cash receipt with you. In the absence of a receipt, the Consumer Protection Law provides for the opportunity to present other evidence of the purchase. Such as testimony or any other evidence that the client considers significant. When making a purchase, the buyer should be careful and scrupulously check the quality of the purchase. And it’s worth doing this even before you buy it. It is necessary to check the expiration date, color, smell, appearance. And you should always keep your receipt. Although the law allows the return of a purchase without a receipt, it is much easier to do this with one.
And they refuse him? Which side is the truth on?
Only the buyer who has knowledge of the law
"On the protection of consumer rights."
In Russia, it is they who largely regulate the relationship between seller and buyer
goods of various categories.
Information about the contents of this extremely important document for each of us can save time, nerves and money
.
It is worth mentioning separately about food products. We buy them more than others
, therefore, the risk of encountering a situation where the purchase for one reason or another needs to be returned is higher. Do we have this, in what situations and how to do it?
How to draw up a return certificate
The organization has approved its own form.
Step 1. We indicate the date and place of preparation, indicate the name and responsible persons of each party. We write down the document on the basis of which the return procedure is carried out. In our case, agreement No. 1 dated 08/01/2019.
Step 2. We indicate the item (cargo, item, product) that is to be shipped to the seller, and the basis. In our example, there is a contract for the supply of basketballs.
Step 3. We indicate the reason for the return and the results of the examination, if required (defects, low quality, defects).
Step 4. Now we write down the buyer’s conditions. In our case, the organization requires replacing soccer balls with basketballs.
Step 5. Then we write down the details of the parties, sign the act and certify with seals.
In what cases is it possible?
Many people ask the question: Is it possible to return food products of proper quality? And are there any products that cannot be returned?
Based on Articles No. 492 of the Civil Code of Russia and No. 2 of the Federal Law “On the Fundamentals of State Regulation of Trade Activities in the Russian Federation,” the seller must transfer goods suitable for human consumption as food products.
.
The buyer, in accordance with the Law “On Protection of Consumer Rights”, can issue a refusal to purchase
, if it is discovered that the product is of inadequate quality.
A product is considered to be of poor quality if, for objective reasons, it is not suitable for use
for its intended purpose.
For the food group, objective reasons
may be:
Such food products are subject to return
back to the store, and the buyer will be right under the law.
- exchange
the product for a similar one; - return
the money in full; - reduce the cost
if the buyer is ready to use the product further.
If the product has already caused harm to the consumer’s health, then he has the right to demand compensation for losses
.
This will most likely have to be done through. The main thing in this case is not to lie and not to sacrifice yourself by consuming a spoiled product
, knowing about the consequences.
The law is on the side of the buyer only when he suffers due to ignorance
.
It states that the consumer is not required
to understand the information on the product packaging or generally be aware of its properties.
This part of the law works, for example, if the product information states that it is hypoallergenic
, but it still causes an allergic reaction in a person, or if the composition does not indicate any of the substances, which also
adversely
affects the well-being of the consumer.
Article 492 of the Civil Code of the Russian Federation. Retail sales agreement
- Under a retail purchase and sale agreement, the seller, engaged in business activities of selling goods at retail, undertakes to transfer to the buyer goods intended for personal, family, home or other use not related to business activities.
- A retail purchase and sale agreement is a public contract (Article 426).
- Relations under a retail purchase and sale agreement with the participation of a citizen buyer that are not regulated by this Code are subject to laws on the protection of consumer rights and other legal acts adopted in accordance with them.
Tax nuances of writing off goods
Subp. 49 clause 1 art. 264 of the Tax Code of the Russian Federation provides for the inclusion in expenses for calculating income tax of other expenses related to production and sales. Expenses must meet the criterion of economic justification in accordance with Art. 252, 265 Tax Code of the Russian Federation.
If identifying, removing from circulation, recycling or destroying expired goods is a legal responsibility of the seller, the results of these operations may reduce the tax base for income taxes. These conclusions are also confirmed by letters from the Ministry of Finance, for example dated 04/23/2019 No. 07-01-09/29286, dated 07/09/2018 No. 03-03-06/1/47374.
This also implies the possibility of deducting VAT paid for services related to the examination, recycling or destruction of expired goods.
What about VAT, which you deducted on the item being written off? Does it need to be restored? This issue is controversial. You can find out how law enforcement practice is developing in this regard from the analytical collection from K+, having received free trial access to the system.
With proper quality
There are some products that cannot be returned to the store if their quality is high
, and all claims are subjective.
Food products are included in this list
. Even if the purchase has just been made and they decide to cancel it without leaving the checkout.
Once the receipt has been knocked out, the return of food products of proper quality is impossible under the law. If the consumer thinks that the product is of poor quality, but there is no evidence
, in addition to personal feelings, it will have to be carried out, otherwise the exchange of food products of proper quality cannot be made.
Accounting Rules
Accounting for returns of defective products depends on the specific situation.
Before acceptance
Before accepting the goods, the following records are made::
After acceptance
The claim to the supplier is made by posting D76/2 - K60.
To recover the VAT amount, records are required:
- D19 – K68.
- D76/2 – K19.
Receipt of funds from the seller: D51 – K76/2.
From an individual
If the buyer of a low-quality product was an individual, then postings will be made through the following encodings:
- D76 – K90/1 reversal of sales proceeds.
- D90/2 – K41 reversal of the purchase price.
- D76 – K50 refund.
Evidence that the buyer is right
Proof
The information indicated on the product packaging may serve.
Few sellers will argue that June 20 has already passed if at the time of purchase it is June 22 of the same year.
Particularly useful
in this case, a receipt indicating the date of purchase and the name of the product with the article number.
In case all of the above methods do not work, or the buyer refers only to personal feelings
(you don’t like the smell, the taste seems suspicious), then it is necessary to conduct an examination of the product.
If the examination confirms the unsatisfactory quality
of the product, the buyer will be able to demand reimbursement of the cost and even compensation of expenses through the court.
Documentation of the claim
Return claims must be submitted before the expiration date
goods.
With the food group, this condition is more difficult to fulfill, because most often they complain about the expired deadline
.
This document can be completed by hand or on a computer.
. The registration procedure is as follows.
In the upper right corner you need to indicate to whom this claim is addressed. You can use the store name
or a full transcript
of the name of his manager
.
Then you need to indicate who is sending. In addition to his full name, the consumer leaves his contact information
: personal telephone number, home address and, if necessary, email address.
You need to write the word “Claim”
, and from a new line - briefly and clearly state
the essence of what happened
.
It is necessary to indicate which product, where and when it was purchased, for what price. Explain why it should be accepted back, that is, talk about the defects
.
It is better to refer to the law here and formulate what the violation of
the buyer’s rights is.
If there are documents
, you need to list them.
They are also required to be copied and attached to the claim as an attachment.
.
This is also worth writing about. If there are witnesses
purchases, I must say about this.
After a detailed description of the problem, you should indicate your requirements
: about the complete or partial replacement of one product with another.
The claim must be considered within a maximum of one month
. You can specify something else in the text, but not less than one week.
At the very end of the document, for it to be considered valid, you need to put your signature
, indicate the last name and date of registration of the claim.
All pages must be copied.
and keep it for yourself.
Give the original letter and copies of checks or invoices attached to it to the store manager or other authorized person, or send it by mail with a certified letter with notification
about delivery.
If an application is refused, the consumer may himself draw up an act of violation of rights
, enlist the support of two witnesses, not forgetting to indicate their contact information, and submit the materials to the court.
The seller will either satisfy the requirements partially or fully, or refuse to satisfy. notify him of any decision he makes.
applicant.
If in a maximum of thirty days
there will be no response or the buyer will be given a reply without a clear decision, you can safely contact Rospotrebnadzor or the Society for the Protection of Consumer Rights. The case will most likely be resolved in court.
Punishment for violators
For legal entities and individual entrepreneurs, the legislator has provided for administrative and criminal liability measures for the sale to customers of products that do not meet quality standards due to the expiration date.
Administrative responsibility
Expired goods on the shelves are a reason to apply the provisions of Art. 14.4 Code of Administrative Offenses of the Russian Federation:
- a fine for an individual is assessed in the amount of 1-2 thousand rubles;
- officials are subject to punishment in the form of a fine equal to 3-10 thousand rubles;
- persons engaged in entrepreneurial activity as an individual entrepreneur are subject to a fine of 10-20 thousand rubles;
- The fine for legal entities reaches 20-30 thousand rubles.
If a case of repeated violation of legislation regarding the freshness of products is recorded, the amount of penalties will increase:
- up to 2-5 thousand rubles in relation to individuals;
- up to 7-15 thousand rubles, if specific officials are found guilty;
- up to 15-30 thousand rubles for individual entrepreneurs;
- up to 30-50 thousand rubles for enterprises.
In addition, officials are subject to a disqualification measure lasting up to 1 year. For entrepreneurs from among legal entities and individuals, the fine will be accompanied by confiscation of expired products.
In case of violation of the rules for storing goods, selling or transporting them, which could cause damage to the product, the provisions of Art. 14.43 Code of Administrative Offenses:
- citizens are subject to a fine of 1-2 thousand rubles;
- officials may be subject to a fine of 10-20 thousand rubles;
- Individual entrepreneurs will be paid from 20 to 30 thousand rubles;
- The fine for organizations is provided at an increased rate and is in the range of 100-300 thousand rubles.
An increase in fines and confiscation of assets that do not meet quality standards is provided by the legislator for cases where the sale of spoiled products has caused health problems for buyers, if the use of such a product has provoked a threat to environmental safety. Repetition of previously recorded violations will be a reason for the application of maximum fines and suspension of business activities.
Criminal liability
Criminal law provides for various forms of punishment for persons caught selling expired products (provided there is a threat to the health and life of consumers). The rules governing criminal liability measures are given in Art. 238 of the Criminal Code of the Russian Federation. For the first registered offense of this kind, the following types of preventive measures may be applied:
- a fine issued in the amount of up to 300 thousand rubles;
- assignment to payment of a penalty equal to the salary of the guilty person, accumulated over several months (the maximum period for withholding income is 2 years);
- forced involvement in compulsory work is allowed in total hourly terms up to 360 hours;
- It is possible to restrict the freedom of the guilty person (for a maximum of 2 years), which can be replaced by forced labor with a similar period of execution.
The standard of liability for this offense is tightened in several cases:
- A group of people who acted by prior conspiracy were found guilty.
- The violation affected products intended for children under 6 years of age.
- The use of a product manufactured or sold with an inadequate level of quality has caused serious harm to human health or caused the death of the consumer.
NOTE! If the delay in goods causes the death of more than one person, then the person responsible for the incident is deprived of liberty for a period of up to 10 years or involved in forced labor (for a maximum of 5 years).
If there is no receipt when returning food products of inadequate quality
Here the law is on the side of honest consumers
.
If the buyer does not have a receipt, but has a claim regarding the quality of the food product, satisfaction of his demand is still possible. But to do this you will have to prove
that the product was actually purchased in a certain place with existing defects.
Witnesses can help
, if suddenly there is an opportunity to contact them: for example, if a buyer came to the store with friends.
You should not count
on surveillance cameras , because until the fact of purchase is proven, no one is obliged to share the recordings.
Also, to prove that he is right, the consumer can ask for item identification
and other data on the product indicated on the product packaging and in store invoices.
Thus, returning food products of inadequate quality is not an easy procedure and is strictly limited by law.
.
You can count on the compliance of sellers, but it’s better to rely on yourself and knowledge of your rights. Rospotrebnadzor, Sanitary and Epidemiological Station, OZPP, protect the rights of the buyer
and others.
The consumer of any goods should be careful when making a purchase and carefully check the quality
of the chosen product even before it reaches the checkout.
You need to pay attention to the labeling of the product, its appearance, taste, color and smell - if the product is intended for food
.
Keeping your receipt is the key to peace of mind
in case of an unpleasant need to return the goods. Preventing a problem is much easier than trying to solve it.
Art. 25 Federal Law “On the Protection of Consumer Rights” No. 121-FZ dated 06/03/2009 provides for the consumer’s right to exchange non-food products of good quality for a similar product, excluding goods mentioned in the list approved by the Government. It follows from this that the law does not provide for the return of food products of proper quality, and, therefore, the requirement made to the seller by the buyer to replace food products of proper quality is illegal.
It follows that the return of food products can only be carried out if they are of inadequate quality.
According to Art. 503 of the Civil Code of the Russian Federation, if defects are discovered in a food product, the buyer, at his own discretion, has the right to demand the replacement of such goods with goods of adequate quality or a proportionate reduction in the purchase price. The buyer may also refuse to fulfill the retail purchase and sale agreement and demand a refund of the amount paid for the goods.
In case of refusal to fulfill a retail purchase and sale agreement with a demand for the return of the amount of money paid for the goods, the buyer, at the request of the seller and at his expense, must return the received goods of inadequate quality.
When returning to the buyer the amount paid for the goods, the seller does not have the right to deduct from it the amount by which the value of the goods has decreased due to full or partial use of the goods, loss of their marketable appearance or similar circumstances.
Having many years of experience in working with clients, the lawyers of the law office of A. S. Titov will find an approach to everyone who seeks advice. They will explain his rights in the field of consumer protection and propose a further action plan based on the legal framework.
If you need competent legal assistance in protecting your rights, you can contact our law office. The lawyer will study the client’s problem, advise on further actions, help to competently prepare a claim, and file a claim in court.
The “Consumer Rights Protection” service includes:
. Collection and examination of evidence in the case, including sending a lawyer’s request to federal and municipal authorities. Developing a position on the case and a correct assessment of the arguments of the opposing side. Drawing up and filing a claim, appeal, cassation and supervisory complaint, objection to the claim with justification of objections regarding the subject and grounds of the claim. Drawing up documents, including requests, petitions to the court. Providing evidence in the case. Securing a claim in a case. Involving third parties in the case, including government authorities, in order to substantiate the position on the case. Representation of the client's interests in the court of first, cassation and supervisory instances at all court hearings. Receiving judicial acts on the case, as well as a writ of execution and support of enforcement proceedings.
Information about our law office.
Our law office specializes in providing legal services for representing the interests of companies, entrepreneurs in arbitration and arbitration courts, the Federal Antimonopoly Service of Russia and territorial OFAS, as well as citizens in courts of general jurisdiction since 2003. The lawyers of our bureau also provide defense in criminal cases.
You can familiarize yourself with some cases from our judicial and administrative practice in the section “ Our Practice”
«.
The lawyers of our bureau provide consulting services to individuals on issues in the field of family, labor, inheritance, housing and other areas of law and conduct their cases in court.
The geography of our clients covers the entire Russian Federation. Among the clients of the law office are the American pharmaceutical corporation Unipharm.Inc (brands Vitrum, Artra, Elance) - the leader of the Russian multivitamin market, 4C Diamond (Belgium) - an international trader of gold and diamonds, OJSC Telecom of the Moscow Region (state company of the Moscow region) , Institute of Problems of Chemical Physics of the Russian Academy of Sciences, television, HBS Global company - distributor of international roaming services - GlobalSIM, Asteroid Group of Companies - a large operator of terrestrial TV in the Rostov region, Russian-Malaysian Business Association, JSC Kalibr, JSC Krasnogorsk Plant named after. S.A. Zverev" () Moscow Mining State University, regional television companies, telecom operators and IT companies and many other Russian and foreign companies.
When working with our bureau, we guarantee the confidentiality of the orders carried out. Advocate confidentiality is protected by law.
Liked? =>
Very often in grocery stores you can see advertisements informing customers that the purchased product cannot be exchanged or returned.
Let us say right away that such statements are illegal and can only mean that:
1. The products sold here are most likely of very low quality.
2. If you still take a risk and buy any food product here, it will be extremely difficult to return the money for the defect.
Are food items returnable? You can get your money back for a food product or exchange it for another, but only if you follow certain rules established by law.
