What products cannot be returned? We answer questions from subscribers.

What products exactly do you mean? Is it true that the list of goods not subject to exchange

is it constantly being updated? Roskachestvo lawyers answer these and other questions from subscribers.

Read further:

• Is it true that you can return non-returnable items if they were purchased online?
• Is it possible to return unpacked construction and finishing materials?
• Is it possible to return packaging: bags and boxes?
• Is it possible to bring back the cuckoo clock?
• Can I return lighters, lighter fluid, candles and sparklers?
• Is it possible to return souvenirs, in particular playing cards?
• Is it possible to return animals and plants if they are stuffed animals and dried flowers or seeds?
• Is it possible to return an artificial Christmas tree?
• Is it possible to return quality food products?

The buyer is often faced with a situation where a product has been purchased, but for some reason does not want to use it (the dress does not suit the person, it is difficult to choose a skirt to match the purchased blouse, etc.), or the product objectively does not correspond to the intended use (a picture on the wallpaper does not match the style of the kitchen set, the texture of the floor tiles does not match the texture of the wall, etc.).

We remind you. If you change your mind, you can return and exchange most high-quality non-food products if:

• the packaging is not damaged;
• no more than two weeks have passed since the date of purchase or the product is seasonal;
• The item is not non-returnable.

Before queuing up at the exchange and return point in a store, you should check the list to see if you have the right to return a particular product.

For information

Please note that the list of non-returnable items may change. Thus, in 2021, wrist and pocket watches were included in the List approved by Government Decree No. 55 dated January 19, 1998. And from January 1, 2021, the List of non-food products of good quality that are not subject to exchange is in effect

, approved by Decree of the Government of the Russian Federation of December 31, 2020 N 2463.

List of non-food products of good quality that cannot be returned or exchanged for a similar product of a different size, shape, size, style, color or configuration:

1. Goods for the prevention and treatment of diseases
   at home (sanitary and hygiene items made of metal, glass, rubber, plastic, textiles (including medical knitwear) and other materials, medical instruments, devices and equipment, oral hygiene products, spectacle lenses, contact lenses , child care items), medications (including dietary supplements and vitamins);
2. Personal hygiene items
   (toothbrushes, combs, hairpins, hair curlers, wigs, hairpieces, shaving accessories, tools for manicure, pedicure, other cosmetic procedures and other similar products);
3. Perfume and cosmetic products
   (soap, perfume, lotions, deodorants, creams, lipsticks and other body care products and decorative cosmetics);
4. Textile goods
   (cotton, linen, silk, wool and synthetic fabrics, goods made from non-woven materials such as fabrics - ribbons, braid, lace and others), sold by the meter;
5. Cable products
   (wires, cords, cables); construction and finishing materials (linoleum, film, carpeting and others) and other goods sold by the meter;
6. Sewing and knitted products
   belonging to the group of linen; hosiery;
7. Products and materials
   entirely or partially
   from polymeric materials and in contact with food products
   (tableware and kitchen utensils, containers and packaging materials for storing and transporting food products, including for one-time use);
8. Household chemicals
   (detergents, washing powders, stain removers, etc.), pesticides and agrochemicals;
9. Household furniture
   , which is part of a set or set;
10. Jewelry and other products made of precious metals and (or) precious stones
    , cut precious stones;
11. Cars and motorbikes
    , trailers and numbered units for them; mobile means of small-scale mechanization of agricultural work; pleasure boats and other household watercraft;
12. Technically complex household goods
    with a warranty period of at least one year (household metal-cutting and woodworking machines; household electrical machines and appliances; household radio-electronic equipment; household computing and copying equipment; photographic and film equipment; telephones and fax equipment; electric musical instruments ; electronic toys, household gas equipment and devices; wrist and pocket watches, mechanical, electronic-mechanical and electronic, with two or more functions);
13. Civilian weapons
    , main parts of civilian and service firearms, ammunition for them;
14. Animals and plants
    ;
15. Non-periodical publications
    (books, brochures, albums, cartographic and musical publications, sheet art publications, calendars, booklets, publications reproduced on technical media).

To return a non-food product of proper quality that is not included in the above list, the buyer is given 14 calendar days from the date of purchase (not counting the day of purchase) if there are documents confirming the purchase (checks, receipts, bank statements).

Ask your questions related to non-returnable goods in the comments to this material.

Everything seems clear, but consumers nevertheless have many questions. We answer below the most popular ones received through the feedback form and social networks.

Is it true that you can return non-returnable items if they were purchased online?

Yes, in some cases (without courier delivery) this is true. According to paragraph 4 of Art. 26.1. Law No. 2300-1 “On the Protection of Consumer Rights”, you have the right to refuse the goods at any time before its transfer, and after the transfer of the goods - within seven days, if... Details HERE

.

Can I return lighters, lighter fluid, candles and sparklers?

• A lighter that is not filled with gas or gasoline can be returned or exchanged according to the normal return rules prescribed for non-food products, since the lighter is not a technically complex product and does not relate to weapons and household chemicals. This applies to reusable and piezo lighters. But disposable lighters filled with flammable mixtures, gas, and gasoline cannot be returned. Firstly, gasoline for lighters belongs to the group of household chemicals. Secondly, it is difficult to prove that you did not use the lighter (the liquid level is not visible in all of them).
• Ignition fluid cannot be returned.
• The return of sparklers and fireworks is possible if the packaging is intact, only if there is the good will of the seller. In general, the production of firecrackers and sparklers is household pyrotechnics, which belongs to I and II (minimal) hazard classes, and in fact, these are the same household chemicals, just in a different wrapper.
• Candles, both household and souvenir, cannot be returned, even if the packaging and presentation are intact. This applies to both paraffin and wax candles (household, decorative, ritual).

Alexander Borisov

Deputy Head of Roskachestvo

– If you do not see a particular item on the non-returnable items list, this does not mean that it can be returned. For example, lighter fluid is not on the list of non-returnable items. existing lists of household chemicals either.

. By the way, there are no GOSTs or technical regulations for this product yet. On the one hand, lighter fluids are similar to fuels and lubricants. On the other hand, their composition is slightly different. And here we must take into account the important point for what purposes the liquids are used. And these products are used in everyday life. And, therefore, lighter fluid, by analogy, can be classified as household chemicals, which are classified as non-returnable goods. Accordingly, such a product (if it is of high quality) cannot be returned to the store.

Household chemicals also include wax and paraffin candles, dry alcohol, dry fuel and gasoline for lighters.

Returning goods of inadequate quality: instructions for consumers

Last year, on World Consumer Day, we published a lot of material about the consumer, his status and rights. There we touched on a number of reference points in this large topic, so we recommend reading it if you haven’t already.

And today we will consider in detail one of the aspects of consumer rights protection, which in practice most often leads to a conflict of interests between the buyer and the seller. We are talking about the consumer's right to return or replace goods of inadequate quality.

What to do if a low-quality product is sold? How does the right to replace goods of inadequate quality differ from the consumer’s right to exchange goods? Is every product subject to return, replacement or exchange?

About this in our material.

1. Legislative basis for the right to replace goods of inadequate quality.

Let us recall that the main document in this area is the Law of February 7, 1992 No. 2300-1 “On the Protection of Consumer Rights”. This is one of the old-timers of Russian legislation; it has been in effect for almost 20 years and is still relevant, although it undergoes periodic adjustments.

The right to return, or more precisely, to replace a product, as a consumer’s right when defects are discovered in a product, appears in two options (Part 1 of Article 18 of the Law):

• or as a requirement to replace it with a product of the same brand (same model and (or) article),
• or as a requirement to replace it with the same product of another brand (model, article) with a corresponding recalculation of the purchase price.

Since it is the buyer’s (consumer’s) right to demand replacement of goods of inadequate quality, the seller (or manufacturer, importer) has the obligation to replace such goods within 7 days from the date of presentation of the specified demand. If it is necessary to carry out additional checks on the quality of the goods, the replacement period is extended to 20 days, and in the event that the goods required for replacement are not available, the replacement must be carried out within a month from the date the buyer submits the request.

This is an imperative rule, established by Article 21 of the Law on the Protection of Consumer Rights, so if the seller tries to deny you the right to return a defective product, you can safely refer to the law.

A small note: such claims are made during the warranty period or shelf life of the product. This is a general rule. More details about the nuances regarding the calculation of the deadlines for submitting claims by the consumer regarding product defects can be found in Article 19 of the Law on the Protection of Consumer Rights.

We also note that instead of a replacement in the event of a sale of a product of inadequate quality, the buyer has the right, at his choice, to demand one of two:

1) free elimination of defects in the goods or reimbursement of expenses for correcting defects by the consumer or a third party. We are talking about repairing the item at the expense of the seller. The buyer does not bear any additional costs;

2) a proportionate reduction in the purchase price. In this option, the seller and buyer usually negotiate a discount. As practice shows, consensus is easily achieved if a purchase is made on the market.

But this story is not about returning goods. Just keep in mind that this is also possible.

2. The right to replace the product: a wagon of possibilities and a small cart of limitations.

First case. There is an interesting rule that few people know about and which is rarely applied. In all cases when it takes more than seven days to replace a product, at the request of the consumer, the seller, within three days from the date of presentation of the request for replacement, is obliged to provide the consumer for temporary use for the period of replacement, free of charge, with the same basic consumer properties, ensuring it delivery at your own expense. This is the provision of the fourth paragraph of Part 1 of Article 21 of the Law on the Protection of Consumer Rights.

Naturally, the rule applies only to non-food durable goods. However: you purchased, for example, a smartphone, but it works every now and then. You want to replace it, but there is no such model in stock. While it is being brought in for replacement, you can fully count on being provided with a smartphone of another model or brand with the most authentic characteristics for you to “use.” Interesting opportunity? Of course, although it is difficult to imagine this in reality, but, as they say, the law says.

It is important to know about the exceptions to this rule. At the end of last year, Decree of the Government of the Russian Federation dated December 31, 2021 No. 2463 approved the List of durable goods that are not subject to the consumer’s requirement to provide him with free goods that have the same basic consumer properties for the period of repair or replacement of such goods. This list includes:

1. Cars, motorcycles and other types of motor vehicles, trailers for them, numbered units (engine, engine cylinder block, chassis (frame), body (cabin) of a motor vehicle or self-propelled vehicle, as well as a gearbox and axle of a self-propelled vehicle) for automobiles, motorcycles and other types of motor vehicles, except for goods intended for use by disabled people, pleasure craft and watercraft.

2. Furniture.

3. Electrical household appliances used as toiletries and for medical purposes (electric shavers, electric hair dryers, electric hair curling irons, medical electric reflectors, electric heating pads, electric bandages, electric blankets, electric blankets, electric hair dryer brushes, electric hair curlers, electric toothbrushes, electric hair clippers and other devices that come into contact with mucous membranes and (or) skin).

4. Electric, gas and gas-electric household appliances used for heat treatment of products and cooking.

5. Civilian weapons, main parts of civilian firearms, cartridges for civilian weapons, as well as initiating and flammable substances and materials for self-loading cartridges for civilian long-barreled firearms.

6. Jewelry and other products made of precious metals and (or) precious stones, cut precious stones.

So our hypothetical “smartphone rule” doesn’t always work. But the list is closed, but did you notice that computer equipment and other gadgets are not on it? Same thing. Go for it!

Second case. As we noted at the very beginning of the article, the consumer has two options regarding a product of inadequate quality in the context of its replacement. And the second presupposes the right to demand replacement with the same product of another brand (model, article) with a corresponding recalculation of the purchase price. In this case, Article 24 of the Consumer Rights Protection Law establishes the rules:

1. If the price of the goods to be replaced is lower than the price of the goods provided in exchange, the consumer must pay the difference in prices.

2. If the price of the goods to be replaced is higher than the price of the goods provided in exchange, the difference in prices is paid to the consumer.

Logical. No questions arise when prices are determined at the time the goods are replaced. But it happens that it is not possible to convince the seller and you have to go to court. Here the prices of the goods being replaced and those transferred in exchange will be determined at the time the court makes a decision to replace the goods.

More nuances in favor of the consumer. A product of inadequate quality can only be replaced with a new product, that is, with a product that has not been used, and the warranty period in case of replacement will begin again from the day the new product is handed over to the consumer.

And let us remind you that the consumer’s absence of a cash or sales receipt or other document certifying the fact and conditions of purchase of the goods is not grounds for refusal to satisfy his requirements (Part 5 of Article 18 of the Law on the Protection of Consumer Rights). We agree that in practice it is better to present a receipt; this will greatly simplify the already not very pleasant procedure of submitting claims to the seller. However, a check is not required.

3. Replacement and exchange are two big differences.

If the replacement of a product refers to situations where a product is sold of inadequate quality, then the exchange of goods is, one might say, a legal whim of the buyer in relation to a quality product that simply did not fit.

Article 25 of the Law guarantees the consumer the right to exchange a product of normal quality for a similar one in the event that the product does not fit in shape, dimensions, style, color, size or configuration.

Such exchanges can be made within 14 days, not counting the day of purchase. If the seller does not have the goods necessary for exchange, the buyer has the right to return the purchased goods to the seller and receive the money paid for it. An exchange of goods of proper quality is carried out if it has not been used, its presentation, consumer properties, seals, factory labels, packaging, as well as a sales or cash receipt are preserved.

Please note that in case of exchange (since this is a “legal whim”) a receipt is required. Although its absence does not deprive the consumer of the opportunity to refer to witness testimony proving the fact of purchase. And, of course, the consumer’s right to exchange does not apply to food products.

As with any general rule, there are exceptions here. The Government Resolution mentioned last year also approved a list of non-food products of adequate quality that are not subject to exchange. It is almost identical to the list that has existed since 1998, and includes:

1. Products for the prevention and treatment of diseases at home (sanitary and hygiene items made of metal, rubber, textiles and other materials, medical products, oral hygiene products, spectacle lenses, child care items), medicines.

2. Personal hygiene items (toothbrushes, combs, hairpins, hair curlers, wigs, hairpieces and other similar products).

3. Perfume and cosmetic products.

4. Textile goods (cotton, linen, silk, wool and synthetic fabrics, goods made from non-woven materials such as fabrics - ribbons, braid, lace, etc.), cable products (wires, cords, cables), construction and finishing materials (linoleum, film, carpeting, etc.) and other goods, the price of which is determined per unit of length.

5. Sewing and knitted products (sewing and knitted linen products, hosiery products).

6. Products and materials made entirely or partially from polymeric materials and in contact with food products (tableware and kitchen utensils, containers and packaging materials for storing and transporting food products, including for one-time use).

7. Household chemicals, pesticides and agrochemicals.

8. Furniture sets for household use.

9. Jewelry and other products made of precious metals and (or) precious stones, cut precious stones.

10. Cars and motor-bicycle products, trailers for them, numbered units (engine, engine cylinder block, chassis (frame), body (cabin) of a motor vehicle or self-propelled machine, as well as the gearbox and axle of a self-propelled vehicle) for cars and motor-bicycle goods, mobile vehicles small-scale mechanization of agricultural work, pleasure boats and other household watercraft.

11. Technically complex household goods with a warranty period of at least one year.

12. Civilian weapons, main parts of civilian firearms, cartridges for civilian weapons, as well as initiating and flammable substances and materials for self-loading cartridges for civilian long-barreled firearms.

13. Animals and plants.

14. Non-periodical publications (books, brochures, albums, cartographic and musical publications, sheet art publications, calendars, booklets, publications reproduced on technical media).

We deliberately did not cover the issue of replacing food products, for example, low-quality food products, so that you would want to return to the beginning of this article and follow the link to a large material on the topic of consumer rights. It's about this and more. As Yuri Grymov said, “Come, it will be interesting.”

Victoria Burla

For

May 5, 2021

Is it possible to return souvenirs, in particular playing cards?

Souvenir products can be returned regardless of whether it refers to ordinary New Year's little things or commemorative products of the places of origin. It is only important to remember about the safety of the presentation, packaging and the presence of a document of purchase. At the same time, playing cards should be classified not so much as souvenirs, but as printed products. Therefore, a deck of playing cards cannot be returned unless it is defective.

Is it possible to return animals and plants if they are stuffed animals and dried flowers or seeds?

The list does not indicate that the animals must be alive. But it is understood that living animals are meant. And you cannot return a purchased animal (of course, unless there is a hidden defect that the buyer was not notified about in advance). This refers to any animal - from horses to aquarium fish and insects. You can return stuffed animals; they are no longer animals, but interior decorations.

As for plants, no potted flowers, bouquets or dried flowers can be returned. In addition, seeds cannot be returned. Essentially, these are future plants.

Let us remind you that gardeners do not have to worry about returning seeds if these seeds were purchased online and received by mail: if the packaging is intact, such goods are required to be exchanged or returned in the online store. Read how to do it HERE

.

Arbitrage practice

Disputes related to the packaging of returned goods arise mainly when attempting to return quality goods. Sellers insist that damage or loss of packaging is also a loss of presentation. Such a conflict often brings the parties to court.

Note!

Practice on these issues is contradictory, especially when it comes to factory packaging, without which warehousing and sales really turn out to be problematic.

At the same time, there are a number of cases where the court sided with the buyers.

When resolving the issue, the specific circumstances of the purchase are important, for example, whether the buyer had the opportunity to fully evaluate the quality of the product being sold during the purchase, or whether such an opportunity objectively arose only after opening the package.

Such inconsistency can only be resolved by law, by direct indication in the Law on the Protection of Consumer Rights either to the fact that packaging is an important part of the presentation of the item, or to the fact that the consumer properties of the product do not depend on the packaging and its absence should not prevent the return .

Is it possible to return an artificial Christmas tree?

Artificial wreaths and flowers can be returned; they are interior items, not plants. This group of products includes flowers made from textile materials, plastic, polymer clay, and foamiran. Artificial trees and Christmas wreaths are included in this category along with other interior decorations.

You cannot return a live spruce (even if it is not in a pot, but cut down). It refers to plants (flowers, bouquets) and is a non-returnable item. But an artificial one, if it doesn’t fit in size, is ok.

Normative base

The basis for regulating consumer rights protection issues is the Civil Code of the Russian Federation. This regulatory act establishes the basic rules for transactions, including purchase and sale, the position of the parties, and liability for violation of obligations.

Note!

A special law that regulates in more detail and is directly applied in resolving consumer rights issues is Law No. 2300-1 “On the Protection of Consumer Rights.” Chapter II of this law is devoted to possible controversial situations that arise when selling goods to individuals.

The law applies exclusively in matters of protecting the rights of consumers, that is, individuals purchasing goods for personal use, without the purpose of carrying out business activities with their help.

How many days are there to return a purchase?

Spoiled sausages, meat, and fish can be disposed of immediately or during the expiration date. It should be borne in mind that the chances of withdrawing money or exchanging for other products are higher if you apply on the day of purchase.

If the product turns out to be of poor quality, the store will not be able to refuse it even after a week. But it will be more difficult to prove violation of storage conditions by the seller, depressurization of the packaging before transfer to the buyer or the manufacturer’s fault.

If you cannot hand over sour milk or spoiled sausage on the same day (there is no time, the store is already closed), you can return the next day or another day. Consider expiration dates and observe storage conditions before returning to the seller.

For example, chilled fresh minced meat, semi-finished meat products, and offal can be stored for 12 to 48 hours in airtight packaging. Smoked sausages, poultry carcasses if the packaging is broken - up to 72 hours. A longer shelf life - up to 7 days - for sausages and frankfurters in vapor-gas-tight casings.

Chilled fish should be shipped within 48 hours. You can try to exchange milk, cottage cheese, sour cream and other dairy products, depending on the type of packaging and heat treatment, in the next 24–48 hours. The terms and conditions of storage of specific types of food products are approved by sanitary standards and rules SanPiN 2.3.2.1324-03.

Step-by-step refund procedure

The conditions for returning funds for goods are described in the letter of the Central Bank of the Russian Federation No. 112-T. Judicial practice is completely on the side of the rules specified in the letter. So far, there have been no cases in court that did not side with the provisions of the law regarding refunds.

Stages of returning funds to the buyer’s card account:

1. the buyer writes a statement in which he describes the reasons why he wants to return the goods, and also necessarily indicates the details of the bank card to which the money paid for the goods must be credited;
2. the seller starts the return operation on the terminal and issues the buyer a receipt on which “return” will be indicated;
3. the seller is obliged to send information about the refund made to the servicing bank via an electronic journal or payment register.

What the buyer must provide for a return:

• the product itself;
• identification document (passport of a citizen of the Russian Federation);
• the card used to pay;
• cash receipt;
• return application.

If there is still a need to return funds to a card other than the one the buyer used to pay at the time of purchasing the goods, the details of the other card must be indicated in the application. But the most important thing is that the owner of the account must be the buyer himself, and not a third party.

Return of defective goods to the supplier after acceptance

There are situations when the purchasing organization cannot return the defective product to the supplier immediately, although the defect was discovered at the time of acceptance.

For example, the delivery was from another region, and the transport company - the seller's delivery contractor - does not accept anything back.

In this case, despite the defect, the purchasing organization will have to accept the products according to the TORG-12 invoice, draw up a statement of discrepancies in quantity and quality, and place the inventory items in its warehouse.

And only after this the purchasing organization can write a claim and wait for its consideration by the supplier.

If the check is lost

You can donate spoiled food without a receipt. This possibility is provided for by the PZPP. When making a return, the buyer must confirm the purchase at a specific supermarket or department. To do this you can present:

• a barcode that supermarkets usually put on packaged products;
• SMS about debiting money from the card;
• an electronic receipt that sellers must send to their phone when making a sale.

The words can be confirmed by two witnesses or recordings from video cameras installed in the sales area.

If poor-quality food products cause poisoning

In this case, the procedure is slightly different. The following will help prove the guilt of the manufacturer or seller:

• certificate from a medical institution;
• results of product research by an independent expert, laboratory.

When filing a claim, you must attach these documents, receipts for medications, receipts for payment for examinations and examinations.

If the administration of the retail outlet refuses to return the money and compensate for treatment costs, you can send a complaint to Rospotrebnadzor, the sanitary-epidemiological service, or file a lawsuit.

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.

Refund Policy

Non-cash payment for goods and services is regulated by Federal Law No. 54. How the return will be made depends on the method of payment when purchasing: if the buyer paid for the goods by bank transfer, they will return it to the card, if in cash, they will issue cash from the cash register.

Cash refunds for non-cash payments are a violation of the law. The fact is that the client paid with a card, and when returning the goods the seller decided to give cash, then the tax office identifies such an operation as money laundering and cashing out in an illegal way. If the Federal Tax Service detects this violation, it will impose a large fine on the seller.

Returning a product during warranty

From the 15th day after purchase, return claims can only be made for defective items. Moreover, the disadvantage of technically complex products must be significant, irreparable, or interfere with the normal operation of the product.

For your information

The consumer has the right to present his claims throughout the entire warranty period. If the manufacturer or store has not specified its duration, it is considered equal to 2 years. The warranty period is counted from the conclusion of the transaction, and if this point is difficult to determine, from the date of manufacture of the product.

Since only defective items can be returned after 2 weeks, it is not necessary to provide product packaging. However, it should be retained and returned if such a rule is provided by the manufacturer or if it is an inseparable part of the product.

Attention

According to Art. 16 of the PLA, the store does not have the right to refuse to satisfy the client’s legal requirements on grounds not related to product defects. And packaging usually does not affect the quality of the purchased product.

How to file a claim

To file a claim, you will have to visit the store again. You must have with you:

1. Item to be returned.
2. Receipt or proof of purchase.
3. Passport (needed to receive money).

In the store, you need to explain the situation to the cashier or ask to invite the administrator. In most cases, the situation can be resolved peacefully by presenting spoiled products.

If the seller refuses to immediately exchange the goods, you can ask for a form to fill out a claim, attach a cash receipt, sales receipt, indicate contact information, passport information, and requirements. The complaint is drawn up in two copies - one each for the seller and the client.

From the moment the complaint is received, the store administration has 7 days to consider the complaint, conduct an examination, make a decision and fulfill the buyer’s requirements.