How to process a return from a buyer

If the buyer is not satisfied with the product in any way, he has the right to exchange it or return it to the store within 14 days, not counting the day of purchase. And almost all buyers are well aware of this - the law protects them very well in such a situation. But store visitors do not need to understand the nuances of documenting the return of goods - this is the concern of the sellers. And if something is wrong, they should also answer. In our material we will tell you how to process a return from a buyer , in all the details that entrepreneurs in the field of retail and distance selling, as well as cashiers and sellers, need to know.

You will need to fill out several documents: for example, TORG-12 and KM-3. And the buyer may ask you for a return application form. All the necessary samples and blank forms are in MySklad: they can be printed or filled out online. Register and try it now: it's free!

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Return Policy

The buyer’s right to return goods is regulated by two Russian laws: “On the Protection of Consumer Rights” (Article 25) and the Civil Code (Article 502). Few people know that these documents primarily talk not about returning, but about exchanging the product for one that would suit the buyer. Only if the store does not have a similar product of a different color, style, size or configuration, the seller is obliged to return the money. At the same time, by mutual agreement, an exchange can be provided later, when a suitable product becomes available for sale. If such an agreement is reached, the seller must immediately notify the buyer of the availability of suitable goods.

However, practice shows that most often sellers return money for goods, and the buyer himself expects exactly this. The money must be given within three calendar days. The buyer is returned an amount equal to the price of the goods on the day of sale.

There is one more nuance in the return conditions, which few people know about. The buyer is not required to present a receipt for the goods; he can prove the purchase with testimony (Article 493 of the Civil Code of the Russian Federation). True, in this case the case may go to court.

The remaining return conditions are more or less known to everyone. The purchase that was brought back to the store must retain its presentation and consumer properties, the item must be new and never used, have seals and factory labels.

Refund to the buyer on the day of purchase

If a visitor who bought a product from you changes his mind immediately after that, then the procedure for returning the money is as follows. The buyer presents a cash receipt or sales receipt, or another document confirming payment. If the receipts have not been preserved, he, as stated above, can refer to witness testimony confirming the fact of the purchase.

How to properly process the return of goods from the buyer in this case? It is necessary to fill out an invoice, for example, according to the TORG-13 form. In this case, the buyer’s data is indicated in the “Sender” column, and the seller organization’s data is indicated in the “Recipient” column. The document is drawn up in two copies. It is signed by the seller and the buyer. For the seller, the invoice is the basis for adjustment entries, and for the buyer - for a refund (or for exchanging the product for a similar one, if an exchange is made). You can download the TORG-13 form for free on our website.

The buyer must pay the money from the same operating cash register in which the receipt for the purchase of the returned goods was punched. Moreover, they must be given before the shift is closed and the Z-report is taken. When closing a shift, you will need to draw up a statement of return of funds using the unified form KM-3. On our website you can find a free sample of filling out the KM-3 act.

At the end of the shift, the cashier indicates the amount that was paid to the buyer in the cashier-operator's journal. It must also be reflected in the cashier-operator’s certificate-report. If there are several cashiers, then the senior cashier must, along with other data, indicate the amount of refunds to customers in a summary report for all cash registers.

So, once again about the documents for returning goods from the buyer on the day of purchase. The client brings a check, the seller issues an invoice for the returned goods, for example, according to the TORG-13 form, and the KM-3 act.

If the product is defective

The product can be returned on the basis of inadequate quality in the following cases:

If he has a serious defect that prevents him from using the product;
If he has any defect;

The buyer can return the product on the basis of its poor quality both within the warranty period, if one is established for it, and the period established by law.

Information

If a product does not have a warranty period and the seller has not communicated it verbally, according to the Law, the buyer has the right to return the product within two years if he identifies any defect in the product.

As for the conditions for returning goods of inadequate quality, they are presented in Order No. 160 of the MAP of 1998. According to it, the return of defective goods is carried out subject to the following conditions:

The buyer must return the product with all the components that came with the product;
The seller has the right to check the safety of the product itself and all its returned components;
In addition to the product, the buyer does not have to return its packaging;
The buyer is not obliged to return wearable components of the product;
The seller does not have the right to refuse to return the goods to the buyer on the basis of missing packaging or some unimportant components;

Helpful advice

If possible, it is recommended to take with you as many components from the product as possible, even if they have become unusable. This will increase the chances of a smooth return of the goods.

Refund to the buyer not on the day of purchase

Such situations happen more often. After all, the buyer, as a rule, becomes convinced that the product is not suitable when he returns home, when he examines and checks it properly.

What are the rules for returning money to the buyer in this case?

He must write an application for a refund. The application form is arbitrary, but it must indicate the buyer’s full name, the name of the product in accordance with his passport or document confirming payment for the goods, the reason why the product is being returned, as well as the requirement to replace the purchase or return the money for it. The form and sample application for returning goods can be downloaded on our website.

In addition, the buyer presents a receipt and passport.

Just as in the first case, it is necessary to issue an invoice, which is signed by both the seller and the client.

Refunds to the buyer must be made within three days after the request.

Please note: if you have several cash registers, then the money in this case should be returned not from the operating room, but from the main cash register of the organization. In this case, there is no need to draw up a KM-3 act on the return of money - the money is issued according to a cash receipt order based on the buyer’s passport. After this, the cashier records the RKO in the cash book. The expense order form can also be downloaded for free on our website, and instructions for filling it out are also published there.

Once again we list the documents for returning goods from the buyer not on the day of purchase. A check, passport and application are required from the client. The seller fills out the invoice for the returned goods, for example, according to the TORG-13 form, signs it from the buyer and issues money according to the cash receipt order.

When can't it be returned?

In accordance with current legislation, returning goods without packaging is not allowed in the following cases:

If it is written on the packaging itself that when returning the goods, the integrity of the packaging must be preserved;
If the packaging is a component of the product and its damage damages the product itself;
If the buyer was warned that it is impossible to return the goods with damaged packaging or without it;

Those. If the returned product is found to be damaged by the buyer himself, the seller will not accept it.

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.

If the seller refuses

If the seller refuses to satisfy the buyer’s demands due to lack of packaging, and the instructions of the relevant provision of the Law do not have the desired effect, the buyer has the right to perform one of the following manipulations:

Submit a written complaint to the store director;
File a complaint with the territorial office of the consumer rights protection service or Rospotrebnadzor;
Take the store to court;

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;

When does the warranty period start?

The warranty period begins from the day the buyer receives the goods. If it is not possible to set such a day, then the warranty period is counted from the date of manufacture of the product.

But there are also exceptions. The warranty period begins:

For goods purchased by sample or remotely - from the date of delivery to the buyer (Clause 2 of Article 19 of the PPA).
For seasonal items purchased out of season: from the first day of the corresponding season (Clause 2 of Article 19 of the PPA). The determination of these dates falls within the competence of the authorities of the constituent entities of the Russian Federation.
For goods requiring connection or assembly, if this is the responsibility of the seller: from the date of connection or assembly (clause 2 of article 19 of the LPA).

In this case, the warranty period is extended by the time spent on repairing the product (Clause 3, Article 20 of the Labor Code). The warranty period begins anew if the seller of the defective product replaces it with a new one (Clause 2 of Article 21 of the PZPP).

Judicial procedure for returning money for low-quality goods

It is worth filing a claim after you have unsuccessfully contacted the seller or other authorities.

What you need to prepare for the application and the process itself:

all documents for the goods or product;
all sales receipts;
documents on warranty or expiration date;
all information that reflects a defect or malfunction - the results of a specialist’s assessment, photographs, videos, etc.;
any evidence that the seller refused to accept the goods or return the money - an inventory of the application sent by mail, written response forms, video recording refusal, etc.
all documents, checks and statements that record additional expenses - such as, for example, for examination;
all claims and appeals that you filed administratively.

This evidence must be attached to the statement of claim, and subsequently used in court proceedings.

Also, be careful when drafting your claim. Please be aware of the following conditions:

Like complaints, this statement must clearly reflect the purchase process, discovery of a defect, refusal to refund your money or violations by the seller/manufacturer, etc.
A detailed description of the product and the fault (defect, defect) is required.
All information, documents and other evidence that you use to support your position must be in a separate section “Attached Documents”.
Under individual points, you address the court and express your specific demands - to return the money in the specified amount.
Also, separately, you express your demands regarding the procedure for related material compensation - fines, compensation for examination, for example.
You can also ask for compensation for moral damage, but this requires convincing reasons with evidence. For example, if the seller not only delayed the refund (or even refused it), but also treated you rudely: insulted you, was rude, or tried to manipulate the product in any way.
The language of the statement should be concise. Avoid emotional expressions, write dryly, but in detail and exclusively to the point.
Errors of any kind are not allowed.
If you are not legally savvy enough, it is better to contact a lawyer to help you draw up a competent claim. Otherwise, your application may not even be considered.

The last point is also relevant for the stage of the judicial process - if you are not sure that you can confidently defend your case or quickly and competently respond to the arguments of the other side, legal assistance will be very useful to you.

What else is useful to know about going to court in such cases:

You do not have to pay government fees.
You have the right to demand not only a refund, but also compensation for any additional costs and expenses:
for the transportation of goods;
for legal services and so on.
If you are seeking compensation for moral damages, you will need comprehensive evidence.

At the end of the process, the court will make a decision. If it does not satisfy you, you have the right to appeal to higher courts - it is better to consult a lawyer.

If the decision is made in your favor, the following scenarios are possible:

The seller or manufacturer will familiarize themselves with the writ of execution and return the money voluntarily.
The seller or manufacturer will still refuse to return the money or will ignore the court decision. There are two legal options on your part:
apply with a writ of execution to the bailiffs.

Theoretically, any such conflict can be resolved peacefully. However, if the seller consistently refuses your legitimate request or violates your rights in any other way, do not be afraid to insist on your own and do not hesitate to contact all related authorities.

In some cases, especially when it comes to complex technology, it is better to initially turn to specialists for legal support - in such cases, you will need not only a deep knowledge of the law, but also familiarity with the specifics of the process.

Lawyers and consumer protection lawyers

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.

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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.

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.