Home/Return and exchange/Product without packaging
Packaging is the first thing that goes into the trash bin after purchasing a product. Often the check also ends up there. At the same time, due to the lack of original packaging, stores refuse to allow customers to return defective or simply unsuitable items.
For your information
In most cases, the seller’s refusal to return goods without packaging is unlawful. However, the arbitrator does not always side with the consumer, which is confirmed by extensive judicial practice. So is it possible or not to return the goods to the store with the packaging opened or without it at all?
Normative base
The procedure for returning goods is described by the following legislative acts:
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- Civil Code of the Russian Federation, art. 503, art. 504. The conduct of retail trade, the rights and obligations of buyers and sellers are devoted to § 1–2 of Ch. 30 of section IV of the Code.
- Federal Law No. 2300-1 of 02/07/1992 on the protection of consumer rights (PZPP).
- Government Decrees No. 924 of November 10, 2011 and No. 55 of January 19, 1998. The acts contain a list of goods of special categories: those related to technically complex ones and those that cannot be returned or exchanged within 2 weeks as unsuitable.
- MAP Letter No. 160 dated May 20, 1998. The document explains in detail the rights of consumers in relation to defective goods, the nuances of their return and exchange.
Attention
Regulatory acts apply at the federal level. There are no regional specificities for the return of unpacked goods. Retailers also do not have the right to introduce their own rules that worsen the situation of the consumer.
The PLA does not make any special mention of packaging, the need to store it and return it. It is perceived as one of the evidence that the purchase of goods was made in a specific store, since branded labels and price tags are often attached to it.
There are several exceptions to this rule.
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Consumer rights to return goods without packaging
The consumer has the right to exchange a high-quality non-food product within 2 weeks for a more suitable one in size, color, etc. If the store is unable to offer anything alternative, it is obliged, at the client’s request, to cancel the transaction and return the money. In this case, an important condition applies about preserving the original appearance and properties of the product, due to which it may be difficult to return it without packaging.
If the item is defective, the buyer has the right:
- replace it;
- get a discount;
- demand elimination of defects or compensation for repair costs;
- return it and take the money.
IMPORTANT
Often it is not necessary to return a defective item with a box. Art. 16 of the PLA prohibits making the fulfillment of consumer requirements dependent on any circumstances not related to product malfunctions. However, the seller should not deduct the cost of damaged or lost packaging from the refund.
This is confirmed by the XII Letter of MAP No. 160: the buyer is obliged to return the goods to the seller as complete as possible, excluding packaging and parts that wear out quickly during operation.
Attention
The packaging must be preserved if the manufacturer specifically indicated such information on it or in the product instructions. Also, the law will be on the side of the seller if it is an integral part of the product.
Returning goods without packaging of proper quality
The consumer can exchange a good quality product within 14 days after purchase if it does not fit any parameters: color, configuration, size, style, etc. This is guaranteed by Article No. 25 of the PZPP.
Attention
The rule does not apply to medical devices, perfumes and cosmetics, complex technical products, furniture, textiles, jewelry, etc. The full list of goods that are not subject to return or exchange is given in Resolution No. 55 of January 19, 1998.
You can refuse the product and receive money only if the store does not have an exchange alternative suitable for the consumer. The product must retain its original appearance: all labels and seals are in place, there are no signs of use. Unlike a defective product, a quality product will be put on display and sold again after its return.
Whether the packaging relates to “appearance” is decided jointly by the client and the seller, and if no agreement is reached, by the court. As a rule, factory packaging is required, but the one that the store issued for protection or ease of transportation of the goods is not.
How to file a claim with the seller if you are refused
claims for the return of low-quality goods free of charge in word format
If the seller refuses to accept the goods, the generally accepted procedure must be followed.
Moreover, it does not matter what product you are returning: a quality item or a defective product:
- First of all, you need to write a complaint addressed to the store management. It is compiled in two copies. In the document, be sure to refer to the current legislation of the Russian Federation. If you are returning a high-quality product, then justify your actions on the basis of Article 25 of the RF Law of the Russian Federation, if the product is defective - Article 18 of the RF Law of the Russian Federation;
- When writing a complaint, be sure to limit the time frame for the seller to fulfill his obligations. The legal period is ten days. It is impossible to set less than this period, but exceeding it is allowed;
- submit the claim through a representative of the retail outlet under his personal signature. If the seller refuses to accept the document, the paper is sent by Russian Post by registered mail with notification. The receipt of receipt is considered evidence of acceptance of the claim;
- If the claim is sent by mail, the deadline for fulfilling the requirements is extended by the delivery period. The date of receipt is considered the starting point.
Please note that the seller has the right to review the document within ten days. If it is necessary to carry out an examination of the product, the period increases to 20 days.
ATTENTION! View the completed sample claim for the return of defective goods:
Returning a product without packaging of inadequate quality
Returning a defective product is possible throughout the entire warranty period determined by the manufacturer and/or seller. An exception is made for technically complex, multifunctional products listed in Decree No. 924: smartphones, tablets, household and garden equipment, etc. They can be returned to the store after 14 days after purchase if:
- the product is repaired under warranty for more than 45 days;
- significant, irreparable, repeatedly manifested deficiencies or those the elimination of which is unprofitable have been discovered (the costs of labor and spare parts are approximately equal to or exceed the purchase price);
- The product cannot be used for its intended purpose for a total of more than a month in any year of the warranty period. It does not matter whether we are talking about different faults or the same recurring one.
Attention,
the seller returns the defective product back to the manufacturer or supplier. The law does not impose requirements regarding appearance for such things, so the box, packaging and wearing parts do not need to be included with the returned product.
Packaging is required if it is an inseparable part of the product or if the manufacturer has specifically warned about the need to preserve it. Often such containers are marked with product markings.
How to return an item without packaging within 14 days?
During the first 14 days, the buyer has the right to demand a refund if a manufacturing defect occurs. A quality item can be returned if:
- it did not suit the client;
- not included in the list of “non-returnable” goods of Resolution No. 55;
- has not been used, its appearance and properties are preserved;
- The store does not have any items for exchange.
IMPORTANT
Products with a defect can be returned without packaging. For a quality item, it is often required as a component of the original appearance. We are talking specifically about the original packaging, and not the container that the store gave to the client for ease of transportation or protection of the purchase.
During the first 14 days, the return of even technically complex items is carried out in a simplified manner, since the basis for it is any, even small, manufacturing defect. The store has the right to organize a quality check or examination if it doubts the client’s words. Returns must be processed within 20 calendar days from receipt of the first claim and delivery of the goods.
What to do after filing a claim
Important! If the seller categorically refuses to accept previously sold products, there are two options for further action:
- write a complaint to the Russian Consumer Supervision;
- file a claim in court.
In any case, before contacting higher authorities, you must try to resolve the conflict yourself. To do this, write a claim addressed to the company’s management and wait the due date. If the store director does not want to negotiate peacefully, you can write a complaint or lawsuit.
The Russian Consumer Supervision Service is contacted if the client does not want to participate in the legal process. The authority's employees will conduct an inspection and, if violations are detected, oblige the seller to fulfill the client's requirements.
If the buyer wants to recover the cost of the goods from the store, as well as compensation for costs and moral damages, it is necessary to send a statement of claim to the court.
The client has the right to demand payment of a penalty for each day of delay in fulfilling requirements in the amount of 1% of the price of the product.
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.
Miracle cosmetics for credit
Separately, it is worth mentioning the purchase of cosmetics from sensational brands: Mon Platin, Soleimer, Deaura, Desheli. Sellers lure gullible buyers with free procedures, profitable promotions, and offers to provide trial copies of products. When meeting, they gently but persistently lead you to the idea of buying a set of expensive products. Under the influence of a well-thought-out psychological attack, buyers commit an imprudent act and become the owners of a set of cosmetics they do not need. If cash does not allow you to make a purchase, sellers impose a loan for a large amount.
Since the sales scheme is close to fraudulent, in order to return cosmetics from Soleimer, Desheli and other notorious brands, it is better to use the support of a lawyer. Experienced lawyers have repeatedly encountered such fraud and know how to act in order to terminate the loan agreement and return the funds already deposited to the unlucky buyers.
Contact us if you have suffered from the actions of fraudulent sellers or are faced with the store’s reluctance to accept back low-quality cosmetics. We will help you restore your violated rights and get your money back.
Step-by-step instructions for returning goods without packaging
If we are talking about a defective item, the general procedure for returning goods without packaging is as follows:
- Go to the store with an application and goods. List the identified deficiencies and demand a refund.
- After a visual inspection, the seller is obliged to pick up the goods and fill out a report in which he describes the technical condition (cracks, chips) and the equipment. It must indicate the absence of packaging.
- Quality checks are carried out at the initiative and expense of the seller through its own service department or contractors. Its purpose is to determine whether the product contains the defects found by the client. Usually after this the store makes a return or refuses it if no defects are found.
If the consumer does not like the results of the inspection, he can organize an independent examination at his own expense, then send a pre-trial claim to the store management. If the seller does not make concessions, the client has the right to defend his interests in court.
For your information
The consumer can exchange a quality item within 14 days and return it only if the seller does not have a suitable alternative. In this case, the absence of packaging will have to be justified - to prove that this does not impair the presentation of the product, it does not need to be discounted for re-sale.
What does the store risk?
The return or exchange of a purchase itself is a common occurrence for the store. Maybe the buyer accidentally made a mistake or changed his mind, this also happens. Accepting a purchase means taking care of the buyer, and this is the main thing in sales.
The problem is unscrupulous buyers. There is a scheme: buy an expensive bag, take it with you to a party and return it two days later. Doesn't seem to match the color. There are photos on Instagram, great. It turns out that the bag is for rent.
I don’t have statistics on how many fraudulent returns there are in Russia, but, according to store owners I know, there are a lot. In order not to lose money on deception, you can refuse all buyers, but this is risky.
If you refuse incorrectly, the store risks being sued, losing the case, and paying more than the purchase cost.
Expert opinion
Makarov Igor Tarasovich
Legal consultant with 8 years of experience. Specialization: criminal law. Extensive experience in document examination.
Real case: my client bought a sheepskin coat for a cold trip. He realized that it was short, came to the store to return it, but they refused.
As a result, we recovered from the store the cost of the sheepskin coat, legal expenses, moral damages and a fine, which multiplied the entire amount by one and a half times.
In order not to risk money, you need to find a legal reason for refusal. To do this, the store checks:
- whether the return period has passed;
- whether the customer used the purchase. Expertise helps with this;
- Is it even possible to return such a product? This is explained by the non-returnable list from the government decree.
Application for returning goods without packaging
The law does not provide for a mandatory form of application for a refund: it is drawn up in free written form. The text of the document must indicate:
- Where, when and for what amount the goods were purchased.
- His shortcomings. If an independent audit has been carried out, you need to refer to the expert's opinion.
- Requirements and deadlines for their implementation, which are justified by the norms of the PZPP and the Civil Code of the Russian Federation. If the funds were paid from a bank card or account, you must provide their details.
Please note:
The addressee of the claim is the organization or individual entrepreneur who sold the product. Their details must be issued upon the buyer’s first request; they are always present on the receipt. It is recommended to inform the store that the client is ready to fight for his rights, if necessary, in court and Rospotrebnadzor. It is better not to focus on the lack of packaging of the goods.
An application for returning goods without packaging is submitted to the seller in 2 copies. The client takes the second one with a note of acceptance.
Applications for returning goods without packaging can be found here or here.
Returning goods without receipt and packaging
It is advisable to attach a copy of the receipt to your application for returning goods without packaging. Its absence is not a reason to refuse a return (Clause 5, Article 18 of the PLA).
Additional Information
In large retailers, where sales are carried out using accounting programs, when returning goods without a receipt, you can re-print the sales receipt. In any store, the receipt and release of items into the warehouse can be traced using serial numbers, markings and invoices. Instead of a payment document, a warranty card with the seller's seal, an acceptance certificate, and witness statements are accepted.
It will be considered illegal to refuse a return only due to the lack of a receipt and packaging as evidence of the sale (however, it is legal if the original packaging is important for preserving the presentation of the product).
Arbitrage practice
As a rule, returning a defective product with or without damaged packaging does not raise any questions for sellers and buyers. More interesting is the practice of purchases whose quality corresponds to the declared quality, when the parties, through the court, determine the importance of packaging for preserving the appearance of the product.
Thus, a resident of the city of Khimki purchased a roll of wallpaper wrapped in factory-made polyethylene. When she got home, she cut it open. It turned out that the color didn't match. The store refused to accept the roll due to the torn packaging. The court supported him: once opened, the wallpaper was not subject to sale; without unwinding them, it was impossible to establish for sure that they were not damaged or cut (resolution No. 2-23/2012 of December 12, 2012, Khimki).
In another case, a buyer asked for a refund for a flip case for a cell phone. He immediately threw away the branded plastic packaging. The accessory was of good quality, but did not fit. The court ordered the store to make a return, since there were no visible signs of use on the case and the nature of the goods allowed it to be sold without packaging, from the display case (decision No. 2-312/2014 of April 17, 2014, Yekaterinburg).
For whom should an exception be made?
There are several categories of clients who should not be refused . It will cost you more. It happens that a direct loss from one transaction is more than compensated for by indirect profits. Here are a few such examples.
1. Serious corporate client who takes in large volumes. For example, let's say you sell floor cleaner. The purchase price is 10 rubles per bottle. For retail buyers, you make a 50% markup and offer them 15 rubles. And suddenly a company appears on the horizon, ready to buy the product by the carload. But at 9 rubles - below the purchase price. Your manager, who is not prepared for such a turn of events and does not have the information, immediately refuses the deal. It’s clear that you can’t trade at a loss. And he makes a fatal mistake.
The essence of the error is this. Your supplier sells the product for 10 rubles, provided that you buy 5 packs per month. If you take 500 packs, he will happily reduce the price to 8 rubles. Buy 5000 packages - the cost will be close to the purchase price. This is how the market works. As a result, with a B2B client, and with his volume of purchases, you can make much more profit than with a retail one . Explain to managers that such things need to be agreed upon personally with you and not make decisions on their own. But under no circumstances should you refuse outright.
2. Status image client. If suddenly Sberbank wants to buy your detergent, God forbid you refuse such a deal. Just the mention of a leading credit institution in a portfolio or reviews can attract hundreds of clients. If you work with companies of this level, then you are almost equal. Sberbank itself trusts you - what recommendation could be even better? For such clients it is easy to suffer losses. Within reasonable limits, of course. Among managers of large brands there is such a sin: “Be glad that we are working with you at all. This cooperation is more profitable for you than for us. That’s a lot of PR.” Therefore, be more careful.
3. Just a good and loyal customer. Surely there is one among your clients. He always leaves good reviews on reputable resources, even if he just bought headphones for his MP3 player. Sends links from email newsletters to friends. Or maybe he even films reviews of your product and posts them on YouTube. It would be a sin to refuse such a person. Don’t forget: in addition to direct profit from the buyer, there is also indirect profit. If you spare him a penny discount, you risk losing a dozen potential clients. Don't do this.
Returning goods without packaging to IKEA
IKEA has very humane return policies: you can get your money back for a purchase within 1 year, even if the product simply doesn’t fit. There is no need to return the packaging. The only condition is that the product must not be in use.
Attention
Exceptions are made for bedding of appropriate quality. You can check whether pillows and blankets are comfortable for resting and sleeping within 14 days; test mattresses for strength - 90 days. The buyer has the right to exchange such products, and only if the suitable model is not in stock on the day of the client’s request, IKEA will return the money.
Illegal grounds for refusal
In addition to those reasons that can be considered as motivated and legal, there are also illegal reasons why a merchant does not want to return money for a product . Among them are:
- Reluctance to return money (proper product) without explanation.
- Reference to the absence of a cash or settlement receipt.
- A reference to the fact that the product is on the non-returnable list, although it is not included there.
- Link to lack of money/similar product of adequate quality.
- Refusal with the explanation that the goods were taken as part of a promotion.
- Other reasons for refusal not included in the list of justified ones.
In separate publications, our experts talk about the nuances and rules for returning and exchanging goods of proper and inadequate quality. From them you can find out:
- How does the procedure take place according to Russian legislation?
- What are the reasons and grounds for returns?
- How to return a product of poor quality?
- How to read a barcode correctly and what is a product characteristic?
