Rules for the return and exchange of jewelry of proper and improper quality

Legislation on trade in precious jewelry

The rules for the sale of jewelry are regulated by the Federal Law “On the Protection of Consumer Rights.” According to the law, in accordance with Article 26.2, the sale of jewelry made of silver and gold is carried out on the basis of the conditions established by the Government of the Russian Federation.

Resolution of the Government of the Russian Federation No. 55 reflects issues related to the sale of jewelry. Chapter 7 of the document is devoted to this topic.

The law states that the sale of jewelry products is possible if they meet several criteria:

1. The product must bear hallmarks. The requirement is imposed regardless of whether the jewelry is foreign or locally made.
2. There must be an imprint of the names. The rule applies to products manufactured in Russia.
3. You can sell gold products and silver products whose weight does not exceed 3 grams, in the absence of an assay mark.
4. There must be certificates for precious stones.
5. Before the jewelry is put on display, it is thoroughly inspected. It is important to check for special marks and absence of defects.
6. A product with stones of special value must be placed in special packaging.
7. Weighing of jewelry, if required by the buyer, is carried out in his presence.
8. All information about the product is reflected in the cash register or sales receipt.

The law also reflects the requirements for information provided about jewelry.

The following must be written on the label:

• product name;
• manufacturing company;
• material of manufacture;
• vendor code;
• try;
• number of grams;
• cost of 1 gram of product.

If there are non-precious stones, the information is also reflected on the label.

Return of jewelry of good quality

The Law “On the Protection of Consumer Rights” gives the seller the right to refuse to return jewelry of proper quality. However, within 14 days, the buyer can contact the seller and ask for a replacement of such goods. You can request a replacement for either a similar or any other product with compensation for its cost.

At the same time, a full refund can be made within these 14 days in 2 cases.

You can return it if

• If the seller does not have a replacement product of adequate quality
• If, due to the fault of the seller, he is not able to make a replacement, and the product is available in stock

In this case, the product must satisfy a number of conditions:

• The product has not been used
• Presentation and packaging preserved
• There is no violation of labels and seals
• Availability of cash or sales receipts

Filing a complaint

If the seller refuses to accept back jewelry of proper quality, you can file a complaint in one of three ways.

Ways to file a complaint

• Direct contact to management or the claims department in the store;
• You can file a complaint with the Rospotrebnadzor department;
• Statement of claim to court.

Direct contact to management or the claims department in the store

Submitting a complaint to management or the claims department can be done verbally or by telephone. But it is recommended to apply in writing and write a complaint.

When drawing up a written complaint, free style is allowed. But the application must contain only reliable information. The complaint is considered within 10 days from the date of filing the appeal. And the answer itself must come in writing.

Complaint to Rospotrebnadzor

The most effective measure is to file a complaint with the Rospotrebnadzor department. The complaint can be made in free form, it requires a description of the current situation. In addition, it indicates the actions of the management and sellers regarding your complaint. On average, the proceedings take about a month, but often the answer arrives much earlier than this.

Statement of claim to court

There is another way that helps to get a refund for a product such as jewelry if an unlawful refusal was given - this is to go to court. It is quite complex, but it often allows you to achieve positive results.

It is recommended to file a lawsuit only in situations where Rospotrebnadzor provided an official response to the seller regarding the return of funds for the goods, but the seller ignored it and did not fulfill its obligations. In other situations, winning the case will be quite difficult.

Return to the online store

According to Decree of the Government of the Russian Federation of December 31, 2021 No. 2463, with a remote sales method, the return of jewelry is possible if its consumer properties and presentation, a document confirming the fact and conditions of purchase of the specified product, are preserved. The consumer’s absence of a document confirming the fact and conditions of the purchase of jewelry from the seller does not deprive him of the opportunity to refer to other evidence of the purchase of goods from this seller.

According to the existing “Rules of Distance Selling”, you can return quality goods according to a simplified scheme.

Conditions

• If the buyer signed when delivering the goods, he can return it within 7 days
• If there was no receipt of receipt, a return is possible within 1 month

You can also request a refund for jewelry purchased from an online store at any time before receiving the goods.

Return procedure

If a consumer wants to return jewelry and receive the money spent, the following steps must be taken:

1. To begin, the consumer must make a written statement and send it to the seller. The application can be written by hand and handed over to the seller personally, or it can be sent electronically to the seller’s email address;
2. If the product was purchased online, the application is sent by email or filled out on the website in a special form;
3. After this, the seller must fully investigate the application, then he takes action. All this is done in accordance with the deadlines established by law;
4. For online stores, 30 days are given to review and implement the decision. But regular stores must study the application and make a decision within 10 days;
5. The consumer may be notified of the decision made in writing or by telephone;
6. If the buyer is given a refusal or his application was ignored, he can contact other more competent authorities.

To submit an application, you do not need to have a special form. A regular A4 sheet is suitable for this. You must indicate your contact information, phone number, and email address. The application contains information about the purchased product - its name, date of purchase, reason. The following describes why you want to return it. A date and signature must be placed at the end. In addition, the entire list of required documents is attached to the application.

Alternative return methods

In some cases, there are nuances in the legislation that allow for the possibility of returning serviceable jewelry back to the store.

1. Refund if the seller provided false information about the product or its characteristics. In this case, you must write a claim.
2. Return of defective goods is possible without explanation on the day of purchase.
3. By agreement of the parties.

Are jewelry returns and exchanges allowed?

The rules for the return and exchange of goods not related to food are prescribed by law. Article 18 of the PLA sets out the rules for transferring jewelry back to the store.

Reference! Transfer of jewelry is possible only if defects are identified that the person was not aware of at the time of purchase. In this case, you can send a claim to the seller.

In accordance with Decree of the Government of the Russian Federation No. 55 of January 19, 1998, it will not be possible to return jewelry of proper quality if the size does not fit, or the jewelry is not liked.

An exchange or refund is available if the product has a manufacturing defect or a breakdown that was not the fault of the buyer. The procedure is carried out while the warranty period is valid.

When the law is on the side of the jewelry store

The seller can refuse the buyer and will be right in the following cases:

• the color of the metal or gemstone has changed due to exposure to chemicals;
• the client contacted the workshop to increase or decrease the size of the ring, or change the design;
• the rules of care were violated;
• the defect appeared due to the fault of the owner;
• the buyer decided to return a piece of precious metal jewelry to the salon if the ring, necklace, or bracelet did not match the size, color, or design;
• in case of violation of the deadlines for filing a claim.

In all other situations, you can try to return the jewelry, collect the money, or exchange it for another model.

Reasons for return and exchange

In stores you can often find a sign stating that jewelry cannot be exchanged or returned. This statement applies only to quality products.

If the product is of poor quality or defective, it can be returned to the store.

The decoration will not comply with GOST and may be returned if the following are noted:

• lack of a branded sample (for non-original goods);
• discrepancy with the hallmark reflected on the tag (the gold ring in fact turns out to be gold-plated);
• loss of precious stones and inserts from the product;
• breakdown of watches or jewelry before the expiration of the warranty period;
• detection of defects on bracelets, chains: falling out links, broken lock, clasp.

How can I return silver items to the store?

To complete the procedure for returning a silver item to a jewelry salon, the buyer must prepare all the documents and the product itself for delivery to the salon.

To do this, he needs to put the jewelry in the packaging in which he purchased it, attach a label from the manufacturer to the jewelry, which indicates the type and composition of the product, as well as the manufacturer himself, and do not forget his passport (in order to fill out a return application) , as well as a cash receipt, which will confirm the fact of purchase.

If for some reason the buyer does not have a cash receipt, he can use any other confirming payment document or testimony of witnesses.

After this, the buyer needs to contact the store where the silver product was purchased, find a senior seller or administrator and explain to him in detail the reason for his request to return the product, as well as a statement of his requirements regarding this issue.

The seller must issue the buyer an application form for returning the goods, which is standard. You can fill it out at home in advance by downloading it on a special website or portal.

The buyer must state in detail the reasons for the return, indicating all identified defects and shortcomings, and then state his requirements.

The buyer has the right:

• exchange silver jewelry with a defect for similar jewelry of good quality;
• exchange a low-quality silver product for any other product of good quality with recalculation of the cost;
• ask the seller to repair the product at the store’s expense;
• demand from the seller a discount on the defective product, depending on the degree of breakdown and defects;
• demand compensation for expenses incurred by the buyer if he carried out repairs independently at his own expense;
• refund the money in full for the defective product.

The buyer fills out an application for the return of goods of inadequate quality in two copies, after which he leaves one in the store and takes the second for himself. On his copy, the buyer must ask the seller to put a mark indicating acceptance of the application for consideration, indicating the date and name of the person who accepted it.

After accepting the application, the seller submits the defective product for examination, which should reveal the degree of involvement of the buyer in the breakdown.

If the examination shows that the buyer himself is to blame for the defect, the jewelry salon will refuse to satisfy his requirements in writing, justifying the reasons for the refusal. If the examination confirms it. If the deficiency is caused by a manufacturing defect, the store will satisfy the buyer’s requirements in full.

What requirements can be presented to the seller?

Due to a marriage, on the basis of the law, the consumer may, at his discretion, make a demand to the seller:

• replace a precious item with a new one of a similar model;
• replace the decoration with another one and then recalculate the cost;
• reduce the price due to defects;
• demand that the seller eliminate the defect;
• compensate for the expenses incurred by the citizen in independently eliminating the defect;
• return money for the goods.

Based on Article 18 of the PZPP, if a gold or silver item does not fit in size, style, or color, it is impossible to transfer it back.

Where to complain about an unscrupulous seller

If the situation could not be resolved peacefully, the first agency to which you should apply with a statement will be Rospotrebnadzor. You can attach to the claim all the collected documents (including the results of the examination, if you carried it out at your own expense), a receipt, etc.

In most cases, jewelry stores prefer not to start long proceedings (except in situations where they are confident that they are right) and quickly reimburse the client for the costs.

If Rospotrebnadzor is powerless, you can go to court. When it comes to litigation, the consumer is entitled to a refund not only of the funds spent on the purchase, but also to a penalty of 3% of the transaction value.

How to make a return or exchange?

Based on Article 476 of the Civil Code of the Russian Federation, the seller should not be held liable for damage that occurs after the sale. Refunds are made only if a manufacturing defect is identified.

You need to transfer goods of poor quality to a salon or store in several stages:

1. It is necessary to check whether the sales receipt and the tag from the product have been preserved.
2. You need to have your passport ready to confirm your identity.
3. You need to contact the store with documents and the product.
4. A claim is made on the spot. The document states a request to exchange or return the product.
5. You must wait for a response after the complaint has been reviewed.

In accordance with the PLA, a response to a claim is given within 30 days. After this, the buyer is informed of the decision: to satisfy the requirements or refuse.

Attention! It is necessary to make two copies of the claim. The document that remains in the citizen’s hands must bear an acceptance mark. If there is an unlawful refusal or lack of response, you can go to court.

You can submit a claim in person by contacting the salon. It is also possible to send the document by mail. To confirm that the complaint has been received, a registered letter with acknowledgment of delivery is sent.

How to issue a return

The following step-by-step instructions will help you prepare a claim and get your money back:

1. Before paying for the purchase, check the product for the absence of external defects: the clasp closes well, the stones are securely fixed, there are no cracks, scratches, the color is even, the surface is without thickening or burrs, there is a sample on the frame.
2. Check the presence of all documents: label (at least five characteristics must be indicated on the tag), certificate, cash receipt, sales receipt. The seller must deliver the jewelry in individual packaging.
3. When returning home, keep the tag, receipts, seal, etc.
4. If a defect appears within 6 months, prepare a claim, attach copies of receipts, certificates, labels and hand over the package of documents to the store administrator. The second copy of the claim with the salon’s mark of receipt is taken by the buyer.
5. From the moment the application is received, the seller has 7 days to make a decision, replace it, or 10 days to return the purchase price.

When is the examination carried out?

The seller has the right to submit the product for examination. Based on its results, a decision is made: the defect was caused by the fault of the manufacturer or the defect was caused by the buyer.

Depending on the result, a decision is made whether to accept the product back, return the money, or replace it with a similar one. The claim may also be denied.

The buyer himself has the right to initiate an examination. This is necessary if the seller refuses to acknowledge the fact of the defect. If it is confirmed that the defect is a manufacturing defect, the buyer can recover from the seller compensation for expenses for this service.

As a result of the examination it can be proven that:

• the product has visible or hidden defects;
• decoration of poor quality;
• the characteristics of the product do not match those stated in the documents.

If a forgery is detected, the results of the examination must be transferred to the Antimonopoly Service.

Where to exchange old gold for new

You can donate gold at the 585 Gold salon chain. The store launched the campaign “Changing old for new, boring for fun.” As part of the program, the client can return the old product and receive a certificate that can be used on the same day. The certificate is issued for an amount equivalent to the cost of the jewelry.

Promotion rules:

1. The certificate can be used to pay part or the full cost of the jewelry, depending on the amount of funds on it.
2. A certificate is a deposit that can only be used on the day it is issued and only in the store where it was received.
3. You can familiarize yourself in detail with the conditions for using the certificate in any store. The materials are placed in the consumer's corner.
4. Bonus programs and promotions do not apply to goods paid for with a certificate.
5. As part of the program, the buyer can purchase products that have a fixed price tag, with the exception of used goods.

You can also exchange old jewelry for new ones at SUNLIGHT. Any items made of precious metals are subject to exchange.

Exchange rules:

1. Determination of metal sample and mass. Diagnostics are carried out if the client does not object.
2. Semi-finished gold and diamond materials, alloys, awards, waste, and unprocessed precious stones are not accepted for exchange.

The promotion is carried out in SUNLIGHT stores. You can also find details of the offer there.

Exchange of old gold for new is beneficial to both the client and the store. The main thing is to keep track of the profitable offers that jewelry stores regularly offer.

about the author

Evgeniy Nikitin Higher education majoring in Journalism at Lobachevsky University. For more than 4 years he worked with individuals at NBD Bank and Volga-Credit. Has experience working in newspapers and television in Nizhny Novgorod. She is an analyst of banking products and services. Professional journalist and copywriter in the financial environment [email protected]

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Help us find out how much this article helped you. If something is missing or the information is not accurate, please report it below in the comments or write to us by email

What is the time frame for returns?

Return periods are determined from the date of purchase. The product must be returned immediately after a defect is discovered.

The law regulates the period during which the procedure is carried out:

1. If a visible defect is found, returns will be processed within 14 days.
2. If the defect turns out to be hidden, the buyer has 6 months to return it.

You also need to focus on the warranty period. It is usually installed by the manufacturer. If there is no such date, the seller has the right to independently indicate it. If the mark is not made, the law sets a period of two years for appeal.

In what cases does the seller have the right to refuse the client?

Sellers are not always willing to make contact with buyers. Refusals to accept an item with an obvious manufacturing defect are extremely rare, but in some cases store representatives have the right to disagree with the buyer’s demands. Most often this happens in the following situations:

• warranty return terms have been violated;
• the malfunction occurred after purchasing the jewelry (due to the client’s fault).

Read also: ​​Job loss insurance

If you are sure that the product was initially defective, but the seller stubbornly insists otherwise, you can file a complaint with one of several authorities.

Reasons for refusal to return

Store employees may refuse to return or exchange goods.

This is possible if the buyer violates legal regulations:

• application deadlines;
• causing a defect after the purchase of the goods by the buyer himself;
• expiration of the warranty period for products made of gold and silver.

If the buyer has complied with all the requirements, the seller has no right to refuse. If the store’s decision is unfounded, you can contact Rospotrebnadzor or the judicial authorities.

Comments: 11

Your comment (question) If you have questions about this article, you can tell us. Our team consists of only experienced experts and specialists with specialized education. We will try to help you in this topic:

Author of the article Evgeny Nikitin

Consultant, author Popovich Anna

Financial author Olga Pikhotskaya

1. Irina
   09/01/2021 at 15:54 Novocherkassk, the cost of accepting gold for exchange is 585.....
   Reply ↓
2. Marina
   08/25/2021 at 03:51

   Lost or stolen a gold chain with a pendant...if a person brings it to your store, can he easily exchange it for new jewelry?

   Reply ↓
   Anna Popovich
   08.25.2021 at 21:11

   Dear Marina, unfortunately, when accepting gold for exchange, it is not possible to identify the owner, so this option for selling stolen jewelry is realistic.

   Reply ↓

Step-by-step instruction

Returning jewelry of inadequate quality to a store can be divided into several stages:

1. Inspect the product and packaging to ensure their integrity. Make sure that seals and labels are in place (if they were originally attached to the product).
2. Prepare your passport and cash receipt, since the administrator will definitely require these documents from you when transferring money.
3. If you have lost your receipt, try to find a witness.
4. Write and deliver a complaint to the seller or store administrator.

If the jewelry is properly packaged and in its original appearance, the return will be processed without delay.

What's next?

After submitting an application to return a product of inadequate quality, the seller takes the product and sends it for an independent examination in order to determine the root cause of the detected defect. So:

• If during the examination it is determined that the cause of the defect was a manufacturing defect, the buyer’s requirement specified in the application will be satisfied;
• If during the inspection it is determined that the cause of the defect was improper operation of the product, the requirements presented in the application will be refused;

Information

If the examination shows that the product was damaged by the buyer himself, the store has the right to bill him for such an inspection.

Remember:

1. The Consumer Protection Law regulates the procedure for exchanging and returning jewelry to the seller.

1. Such jewelry can be returned/exchanged in the store only if it is defective. Products of proper quality cannot be returned.
2. If the product was purchased online and did not suit you in any way, you have the right to refuse it before receiving it or return it within 7 days from the moment it was delivered to you. And if the seller fails to provide you with information about the procedure for returning the goods at the time of delivery - within 30 days.
3. You can return low-quality jewelry during the warranty period, and if there is no warranty, within 2 years from the date of purchase.
4. If the store refuses to fulfill your request to return the defective jewelry if there is a defect that is not your fault, prepare a statement of claim in court.

Have you or someone you know ever had to return jewelry to a store? How was the issue resolved?