How to return an item without a tag, but with a receipt according to the law: grounds, procedure

Situations when consumers have to return an unsuitable product back to the store are extremely common. The item may not be the right size, may be uncomfortable, may simply not be liked, or may be defective.

In all these cases, if the two-week period after purchase has not expired, the labels and tags have not been cut off and there are documents confirming the transaction, the item can be returned. But what if the labels were cut off immediately after purchase? Is it possible to return/exchange an unsuccessful purchase in this situation?

The answers to this and many other questions about the return and exchange of non-food products are in this article.

Is it possible to return it legally?

The Law “On the Protection of Consumer Rights,” and specifically the 25th article of this law, states that the buyer has the right to return it within 14 days after purchasing the product (the day of purchase does not count) . The product must not be used by the consumer and must retain its original appearance.

For a legal return, the safety of all tags, labels, seals and labels is required. Thus, if there is no label or tag on the item being returned, or it is there but cut off, the seller can legally refuse to return the customer, citing a violation of the original appearance of the product.

As for checks and receipts, their availability is not so important for the return of quality goods. A desirable, but not mandatory, condition for exchange/return is the presence of a cash receipt, sales receipt, and warranty certificate. These three documents are interchangeable, and in order to painlessly return an unsuitable item to the store, it is enough to have at least one of the three documents. However, even if all three are lost, witness testimony can serve as evidence of the completion of the act of sale and purchase.

Thus, if a quality product has not been used while at the client’s home, the client can return it within two weeks after purchase only if the original appearance is preserved and all labels are present. But if we are talking about low-quality (defective, defective goods), then different laws apply here.

The “Consumer Rights Protection Law” allows items with defects to be returned to the store during the entire warranty period of the purchase, even if these items have been used and have traces of use. That is, even if the tags, labels and seals are removed from them. In this case, the main thing will be the presence of a warranty card for the product and expert confirmation that the product defect is really a consequence of a manufacturing defect.

If a warranty period has not been established for a specific product, the default warranty is 2 years or 24 months.

Protection of rights

The Consumer Rights Act protects not only buyers, but also sellers from consumer extremism. If you do not carefully read the Consumer Rights Law, you may have the mistaken opinion that it is possible to return the purchased product at any time and in any condition, even damaged. However, the seller should not work at a loss, meekly agreeing with every buyer.

So, sometimes frivolous tearing of tags can result in the loss of a large sum of money. It is recommended not to rush to tear off the factory labels, but to carry them around for 14 days from the date of purchase - this is how long the period lasts during which you can exchange the product simply because it did not fit or you did not like it.

If within 14 days you discover a defect in the product and are convinced that the reason for it is not your operation, but the poor quality of the manufacturer’s work, then you have the opportunity to exchange the product.

How can I return an item without a tag, but with a receipt?

This video will tell you how to return an item to the store and get your money back:

Which products can be returned and which cannot?

According to the laws of the Russian Federation, not every product can be returned back to the store, even if the requirements described above are met (observing a two-week period after purchase and maintaining its original appearance). Thus, at the end of the last century, the Russian Government officially approved a list of goods that cannot be returned to the store because they “didn’t like” or “didn’t fit.”

These products include:

Food;
medications;
cosmetics;
personal hygiene products;
household chemicals;
building materials;
printing;
weapons and cars;
plants and animals;
technically complex products.

The last category is veiled household appliances, as well as all sorts of modern devices such as smartphones, tablets, laptops, stereo and video systems, and similar equipment.

That is, if everything is fine with one of the above-mentioned goods, but it is inconvenient or the buyer does not like it, and the buyer wants to return it to the store, the store will most likely refuse such a request. And he will be right.

However, if the client finds even the slightest defect in the operation of the device (for example, the button does not work, the charge runs out too quickly, etc.) within 15 days after purchase, even an item from the list prohibited for return can be legally and quickly returned (even without an examination ) as defective, or exchange for a similar working one.

If a defect is discovered two weeks after purchase, but the warranty has not expired, the product can also be returned/exchanged/repaired free of charge under warranty. However, in this case, you will definitely need to draw up a special document - a claim - and obtain an expert opinion that the product is truly defective and not damaged by the user.

Conflict situations

Is it possible to return an item without tags? Buyers should be aware that there is a real possibility of doing this. But you can avoid conflict situations by choosing your purchases wisely. Before communicating with staff and administration, you should stock up on evidence confirming the purchase of the product and that claims have been made.

This means that the purchaser communicates with the seller using an application and certified documentation: the copy left must contain notes indicating that the documents were handed over in person or sent by registered mail, inventory, or notification.

Return and exchange procedure

So, we found out that it is impossible to return a high-quality product (goods of proper quality) that have not retained their original appearance - lost tags, fairly worn - even if the two-week period after purchase is observed and receipts are available.

If the product is defective (poor quality), it can be returned even without labels and seals, and even if it has obviously been used. The client's procedure in this case should be as follows. First of all, you need to draw up a special document - a claim or application for the return of goods. This paper is drawn up in any form, can be handwritten or printed, but must contain the following information:

personal data of the client;
store details;
data on when, where and by whom the goods were purchased;
information about where, when and by whom the defect was discovered;
the customer’s request is to return or replace the product;
date and client signature with transcript.

Next, you should prepare the necessary documents and make three copies of them. You will need documents such as:

receipts (cash and sales receipts);
warranty card with a corresponding note about the purchase;
return application or claim;
passport.

Then, with the defective product, a set of all the listed papers and an attitude towards a positive outcome, you can safely go to the store. There, the manager or manager of the enterprise needs to describe the situation and hand over the claim against signature.

By law, within three days from the receipt of the claim and the goods, the seller must give the client a response. If the seller insists on an examination, the store must provide a response along with an expert opinion within 10 days. And then there may be several options for the development of events:

the examination finds a defect, and the store fully satisfies the client’s requirements;
the examination finds traces of improper use, and the seller refuses the client, moreover, the client covers the costs of the examination;
the examination finds a defect, and the seller guarantees the repair of the product (in the case of a used product under warranty).

If the buyer does not agree with the seller’s answer, he has the right to initiate a re-examination or go to court and defend his rights there.

Can I return an item to the store if I have torn off the label and price tag?

Good afternoon! I have repeatedly had to return a product of proper quality, I tried it on at home and didn’t like the style, color, size did not fit, this was always resolved without problems both in the market and in the store, in the store they ask you to fill out an application, you need to have your passport with you. It is important that the item has the same labels as when it was purchased, and it is advisable to have a receipt. When I recently returned a coat, the administrator was very polite and invited me to go shopping when a new product arrived. They also offered to exchange for another model, but I refused because I couldn’t find anything suitable. So the main thing is not to be afraid, to be confident and calm, to take the item to the store if it does not suit you. It is also important to know that there are some goods that cannot be returned or exchanged: underwear, medicines, hosiery, jewelry, all this is described in the article on consumer protection! Good luck!

Try it if the receipt has been preserved, although you can apply without a receipt, or if you bought more than one in front of witnesses, and 14 days have not passed from the date of purchase. If the presentation has been preserved.

Tell me, if an item was purchased with a defect, but the internal labels were not saved, is an exchange possible? There is a receipt for the goods.

Why did they tear it off if they didn’t wear it?

In my store I drive away such freeloaders. In cases where there are traces of deodorant, the smell of sweat, cleaning products and *****. No returns. Girls need to have a conscience and self-esteem, and not engage in disgusting things. Abroad, such behavior is rare and causes contempt, but here among women it is the norm. In the near future, the Association of Entrepreneurs will develop amendments and additions to the legislation in order to protect ourselves from such scammers. Shame on you ladies and shame on your parents who raised such chickens.

Some particularly shabby people tried to return the dress, doused in wine and with the stench of cigarettes. I don't care about our population.

Related topics

The ZPP Law strictly states that items that have not been used can be returned, provided that all seals and labels are preserved (safety of seals means that the labels are not torn off from the clothing). Returns are possible within a week, exchanges within two weeks. Returns of low-quality goods (defects) are considered separately; of course, preservation of seals is not necessary for this. Such a return is possible if the store admits that it sold you a low-quality item - this is usually what happens. But, if you yourself have damaged the item in order to pass it off as defective, then they are unlikely to meet you - they will send you for an examination at your own expense, and they will simply send you with the results of the examination, and they will do the right thing!

Of course you can, the main thing is that there is an article number on the clothes

sick - you’re not normal after buying something like this.

Now just from the shopping center, I returned the blouse, I cut off the label, but didn’t wear it, I lay at home for 6 days, they didn’t even ask the reason, they returned the money right away, but they definitely had to provide a receipt and a passport, and for some reason they wrote down the phone number.

And if you bought it at an expensive price and a week later the price decreased by half, but you wore it for a week, and the receipt still has the tag but it’s torn off, I want to return it back later, but for a price lower than what I bought, here’s food, wish me luck)

What if it turned out that I wore my jeans for about a month, already threw out all the price tags, receipts, labels, and in these days (almost a month) they began to tear, is it possible to exchange the product for a similar one, since I have never had such quickly worn-out items? didn't wear .

I bought a polto in a store, the seller offered to immediately put it on and walk in it, the seller herself cut off the price tag, and I went out in the polto, got into the car and drove home, when I arrived home, I was disappointed in the purchase, the size and style were not mine, do I have the right to return this? Polto back, receipts saved.

Were you drugged by something in the store that you didn’t immediately realize that the color wasn’t yours? We put on our coats and drove off in the car. So they wore it. Before putting on anything and sitting in the machine for the lining, creasing the sleeves at the folds, think about the fact that when you hand over this item to the store (if they accept it from you), the coat will have to be put in order. Steam, iron and assure the next buyer that no one dressed or wore it. T.*****. deceive. All you had to do was bring your coat home in a bag and take it to the store as well. And it’s best not to buy something you don’t initially like. There are mirrors in stores.

Guest What if it turned out that I had been wearing jeans for about a month, had already thrown out all the price tags, receipts, tags, and in these days (almost a month) they began to tear, is it possible to exchange the product for a similar one, since I don’t have such quickly worn-out items? when I didn't wear it.

I bought leggings and tore them the next day, and there’s no way to return them, there’s a price tag, I just threw away the receipt, it’s a shame

MargaritpalnaYou don’t know the laws))) clothes can be worn, and then returned after 2 weeks with the argument “I don’t like that shade of pink, I had PMS when I bought it.” with shoes and equipment it’s more difficult. There are girls. By the way, those who “dress” like this buy a thing and wear it. Delivery within 2 weeks. Why - it’s convenient) A NEW item of proper quality, unused, retaining its presentation, with the labels available in the appropriate places (and not cut off or torn) must be returned within 2-***** weeks. The presence of a sales receipt is desirable, but not required by law (the receipt is restored from the fiscal memory of the cash register of the store that sold the goods). Read the Civil Code of the Russian Federation. Options with shades of pink and heavy PMS are there, however, kagbe is not specified. I wonder why then so many times they accepted my new clothes with the labels torn off. thought about it)

This is interesting: Debt for major repairs of the previous owner: how to act and protect yourself

I bought a rather expensive bag, realized that the style did not fit, but discovered that the price tag on it had been cut off - the seller, when packing, discreetly cut it off and took it away. I only discovered this when I got home. After reading the messages on the forum, I conclude that in my case it’s probably pointless to try to return it, and this is a special scam so that if something happens, you won’t accept the product back, right? Someone tell me

They cut off the labels in the store. I didn’t see when they did this, I only discovered at home that the children’s tights were without labels. The thing doesn’t seem to pretend to be new.

What should I have worn then?

I bought a blouse, wore it to an event, the blouse has hooks on the sleeve (the sleeves are chiffon). Is it possible to return such clothes that I bought yesterday? Expensive blouse 4500 rub.

Hello. The customer brought a dress today, bought it a week ago, assures that the lining is stretchy, but I don’t see what’s stretching it. The tag on the dress was cut off and tied to a string, the smell from the dress was terrible, apparently the smell in the house was like that. I offered a discount, but the buyer refused. Wants a new dress.

OK! Thank you! (Worn 1 day)

wow, all the cleverly crafted ones. they reviled you and back... it’s normal)) to kick you “smart” people like that! Of course, it’s a shame for those who are cut off by sellers in the store... in general, according to the law, you can return it if the tags are not cut off and the item is not worn. By the way, there was a case - my husband always buys jeans at Levi's and somehow, after buying new jeans, they fell apart between his legs after three days, he took them to him and they exchanged them for new ones without talking, because a defect was discovered in this batch.

You don’t know the laws))) clothes can be worn, and then returned after 2 weeks with the argument “I don’t like that shade of pink, I had PMS when I bought it.” with shoes and equipment it’s more difficult. There are girls. By the way, those who “dress” like this buy a thing and wear it. Delivery within 2 weeks. Why, it’s convenient) A NEW item of proper quality, unused, retaining its presentation, with the labels available in the appropriate places (and not cut off or torn) must be returned within 2 weeks. The presence of a sales receipt is desirable, but not required by law (the receipt is restored from the fiscal memory of the cash register of the store that sold the goods). Read the Civil Code of the Russian Federation. Options with shades of pink and heavy PMS are there, however, kagbe is not specified.

I was given a certificate for a lingerie store, and among the items purchased were panties; it never occurred to me that for that kind of money the quality could be worse than Chinese. The label on the back itched so I cut it off, and in the evening I noticed that the lace had come off along the seam. I don’t know what to do now, will the worn underwear be exchanged for something similar? There are receipts and a cut off tag, bought 4 days ago, worn once. It's a shame

And today I bought a dress that didn’t have paper/cardboard labels on it, and at the checkout the person said it through the inner label, which indicated information about the composition, how to wash/iron, etc. Is it really possible to SELL clothes without tags, but not to TRADE them back? I’ll give it in confidently) I’ll refer to the video recording, fortunately there are cameras above the cash registers in the store) And the network is quite famous!

I bought leggings and tore them the next day, and there’s no way to return them, there’s a price tag, I just threw away the receipt, it’s a shame

If the sewn fabric label with the brand name, size, etc. is torn off. - then sew it back first. If it’s cardboard, just bring it separately.

Draw conclusions for both the seller and the distribution network. And don’t buy anything else from them and don’t recommend them to your friends. The seller specifically persuaded you to remove the tags, otherwise there would be no return. Apparently, I saw that the thing did not suit you.

When a controversial situation may arise and what to do

In fact, a huge number of controversial situations arise every day when returning or exchanging goods. And this is not surprising - he defends his interests and does not want to lose money. Let's look at the most common disputes when returning.

The seller does not accept the claim

Very often, the problem arises at the very first stage of interaction with the seller on the issue of return: after listening to the client, the seller does not agree with any of his demands, moreover, he does not want to accept the claim.

In this case, lawyers advise resorting to postal services - sending a claim to the seller by registered mail. Upon receipt, he will be required to sign the document and subsequently in court the seller will no longer be able to deny the existence of the claim.

The seller refused the claim

Another common situation is when the seller, having received a claim, not even wanting to conduct an examination, responds to the client’s application with a refusal. In this case, the client has the right to disagree with the store’s response, independently initiate an examination and, based on its results, sue the store.

If the buyer wins the case, all legal costs, as well as examination costs, will have to be paid by the store.

The seller insists on an exchange, not a refund

One of the most common situations is when the seller, not wanting to lose his money, but also not wanting to take the matter to court, agrees to exchange the defective product for a working one, but still refuses to return the money. In this case, the buyer can agree and compromise, or he can continue to fight for his rights, calling on justice for help.

The seller does not change the product for a long time

If the parties agreed that the product will be replaced, but after the expiration of the 10-day period the seller has not provided the client with a worthy replacement, citing the fact that the required model is not in the store, the client has the right to demand monetary compensation - the full amount of the cost of the product.

The seller is delaying repairs

You can legally demand money for a product (full refund) even if the product is repaired under warranty for longer than 45 days, or if immediately after the warranty repair, less than a month later, the product deteriorates again.

Where to complain about seller violations

If a seller openly violates the law “On the Protection of Consumer Rights”, infringes on human rights, and causes material and moral damage, the actions of such a seller should not be left unpunished. resolve all controversial issues, defend your rights and return your hard-earned money .

.doc

If the buyer is confident that he is right, has a good evidence base (all documents are in order and available), with a 99% probability he will win the case and also receive moral compensation.

Another authority that is a priori on the consumer’s side is Rospotrebnadzor . He has the right to inspect enterprises and, if violations are detected, impose large fines. Therefore, you can also call on Rospotrebnadzor specialists for help.