Application for return of goods from the buyer: sample-2021

We tell you how to build processes in a company from the point of view of returning goods: how to instruct employees which goods can be returned and which cannot, whether the consumer needs a receipt and what to do in the case of online trading.

• Algorithm of actions of a store employee when returning goods
• Why is it necessary to respond to the buyer in any case?
• How to write a response to an application for the return of goods
• What to do if a consumer wants to return a defective product?
• What is a product shortage?
• How much time does the buyer have to make a claim?
• How to identify a deficiency
• How to exchange goods of inadequate quality
• How to make a discount on a product with a shortage
• How to repair a product
• How to get your money back for a product of poor quality
• What to do with returns at the request of the consumer
• When the seller is not obliged to return money for a quality product
• How to return and exchange technically complex products
• Errors in consumer refusals
• How to apply for a refund

Algorithm of actions of a store employee when returning goods

Returning goods to the buyer is not only a legal and accounting process, but also part of customer service. The task of a business manager is to write down instructions so that employees understand how to act according to the law, and even in emotional situations, they transfer everything into a positive, calm, but legal direction.

The main phrase of the seller - let's figure it out

Let's say you have a clothing store. The following situations are possible:

• The consumer emotionally demands a refund because he was sold a defective down jacket.
• The buyer asks for a refund because the style did not suit him, but according to the law he supposedly has the right to a refund.
• The consumer asks if he can return his down jacket. When he tried on the clothes, everything seemed to fit, but at home it turned out that the down jacket was too big.

To any of these situations, the store employee should respond the same way: “Okay, let's figure it out.” You cannot get into squabbles, argue, or refuse to return money or accept goods, even verbally.

If you do not turn the conversation into the right direction and argue with the consumer, then he may sue you. De jure, with his appeal, the consumer complies with the claims procedure - he came to you with a pre-trial claim, you did not agree to a peaceful resolution of the issue.

Therefore, in court, the store can be charged not only the cost of the goods, but also 50% of its price in the form of a fine, a penalty, which depends on the duration of the proceedings, compensation for moral damages, examination costs on the part of the buyer and legal costs.

Take a statement from the consumer

The store can avoid litigation if it complies with the requirements for handling citizen complaints.

Obtain a statement from the buyer in which he describes the problems and expresses his requirements. People often refuse to write something, demanding a return at the time of request. Therefore, it is important to instruct employees that in such situations customers cannot be refused in any way.

A refusal to issue money right now may ultimately be counted in court as a refusal to return the money in general. Therefore, the employee contacted by the consumer must explain to the buyer that making a return is not a problem, because the store has clearly written instructions in this regard in accordance with the law. But according to this instruction, the decision to return is made by an authorized person. For example, a director or lawyer of a company. Therefore, the buyer needs to leave a statement.

Usually two copies are made - one is kept for yourself, the other is given to the buyer with a note on the date of receipt.

If the buyer continues to argue and does not want to write anything, a store employee can accept an oral request from him. To do this, you need to record the requirements on paper yourself and register them in the request log.

The law does not regulate the sample journal of oral communications for business, so stores usually use a free form. For example, they create a table file for the secretary with the following columns:

• serial number of the complaint;
• date and time of request;
• Full name of the applicant;
• address or other contact details of the applicant to which the response can be sent;
• content of the appeal;
• the applicant’s signature (confirmation that he agrees with what was written);
• results of the appeal.

Another option to receive a consumer statement is to offer to write him an appeal in the book of complaints and suggestions. You need to record the date it was written.

What to do if the consumer refuses to fill out a statement

There are situations when the buyer refuses even to draw up an oral appeal. Perhaps due to emotions, later, having calmed down, the person will return again for a constructive conversation. But this could also be manipulation - after that he will go to court and demand compensation for moral damages and fines against the store, claiming that the store allegedly refused to accept his oral appeal.

Therefore, businesses should prepare: install cameras with audio recording in rooms where the consumer can make verbal demands. Keep the records for as long as possible to be able to prove that you are right and that the consumer is dishonest.

If there are no cameras, and you suspect the buyer of manipulation, look for witnesses to the dialogue - those who can confirm in court that you asked the consumer to leave contact information to respond to his verbal appeal and did not refuse him a refund.

What should be included in the return application?

The law does not establish any specific format for a refund application, so you must adhere to the general principles of civil law. You can draw up a template application and offer to fill it out, but the consumer has the right to refuse and write the application in free form.

If you are making a template, provide the following columns:

• Full name of the applicant;
• contact information for sending a response;
• the essence of the statement;
• reasons why the consumer wants to return the product;
• How the goods were paid for - in cash or by card.

There may be several templates, depending on the reason for the return. For example, to return a low-quality product or return simply at the request of the consumer. More on this in the following sections.

Find out the buyer's status

The Consumer Protection Act (CPLA) does not apply to everyone who buys something from you. A consumer is only considered to be someone who buys for personal needs and not for business purposes.

For whom ZPP does not work:

• An individual entrepreneur who makes payments through a bank account.
• The same individual entrepreneur who pays for goods for his business with a personal card or cash.
• Any individual who pays for goods by card or cash, if they are intended for business activities. For example, a wife buys goods for production for her husband, a businessman.
• If payment is made from a corporate card.

If the buyer is not a “consumer,” then the return of goods essentially turns into a dispute between economic entities. In this case, the buyer does not have the right, for example, to return the product simply because it did not fit him in style.

It is quite difficult to understand for what purpose a purchase was made. This can only be determined accurately if payment was made from a current account or corporate card, or if the person himself wrote about this in the return application. In other cases, refusal to return may result in legal action.

In your return application template, include several multiple choice questions to help you identify your business goals. For example, ask how the person paid for the goods: in cash, with a personal or corporate card.

How to get money back

There may be various reasons why you need to return the money, for example:

• excessive transfer of funds;
• erroneous transfer;
• termination or modification of the terms of the contract.

To return money if you have overpaid or get it back due to the return of a low-quality product, you must send a request to the supplier. This may be a letter for a refund due to the refusal of the goods or due to an error in the transfer of funds.

Why is it necessary to respond to the buyer in any case?

When a person contacts a store with a request for a return or another complaint, a legally correct procedure must be followed. Accepted the application, sorted out the essence of the complaint, satisfied or refused the consumer, and retained proof of the response.

The consumer can come to the store with an appeal, write a statement or complaint. From the point of view of the law, all this is pre-trial claims. You are obliged to answer it.

If the buyer files a claim in court and wins, then in addition to reimbursement of the cost of the goods and other expenses, the business will be fined 50% of the awarded amount (Article 13 of the PZPP).

It doesn’t matter what the consumer wrote in the appeal. Even if the content of the complaint seems absurd to you, it is necessary to give an answer to it.

The timing of the response, respectively, and the timing of the decision, depend on the essence of the application. There are several of these.

How to write a response to an application for the return of goods

If you decide to satisfy the buyer’s requirement in full, then you need to write about this in the response and invite him to receive money. Usually a specific retail outlet or office is indicated if the company has several stores. You can also include time, but in general, the consumer has the right to come for money at any store opening hours.

It is not necessary to invite the consumer to a meeting if he has chosen a transfer to a card as a method of receiving money. But it’s still worth sending a response - this way you will eliminate situations where the consumer tries to go to court with a claim not for the return of the goods, but for the lack of a response.

If you decide to refuse the buyer or satisfy his demands only partially, it is better to motivate the answer. That is, refer to regulations or indicate other reasons, for example, the result of an independent examination.

You need to keep evidence that the answer was given. Therefore, either provide a written response with the buyer’s signature on your copy, or send it by letter with an inventory, and keep the receipt with the date of dispatch in your archive along with the consumer’s statement.

What gives you the right to return

Permission to return goods to ordinary citizens is provided by the Law “On the Protection of Consumer Rights” (Article 25) and the Civil Code of the Russian Federation (Article 502).

These regulations clearly state in what cases, what inventory items and in what order the buyer can return them to the seller. The possibility of exchanging a purchased product for the same one is also spelled out here if, for example, the item does not suit the style, shade, size, etc.

Attention! The money is returned from the same cash register where the purchase was made.

What to do if a consumer wants to return a defective product?

The consumer has the right to a quality product. If the buyer finds a defect in the product, he has the right to demand:

• exchange the product for the same one - the same brand, model or article;
• exchange the product for a similar one with recalculation of the purchase price - if the product has fallen in price, the buyer has the right to demand the return of part of the money;
• reduce the cost of the product in proportion to the shortage;
• repair the product or compensate for repair costs;
• return the money.

Moreover, the buyer chooses what to demand. The store cannot decide for itself whether to exchange the product or return the money. This right is enshrined in Art. 18 ZPPP.

If the product is large or weighs more than 5 kg, the buyer is not required to bring it to the store himself. According to paragraph 7 of Art. 18 ZPPP business is obliged to do this. If you refuse, the consumer can deliver the goods himself, but if it turns out that there is indeed a defect in it, then he will have to reimburse the costs of transportation. You determine the amount of compensation by agreement or through court.

Automate the accounting of goods from delivery to sale, keep track of balances

When you pick up the goods, draw up an acceptance certificate. Indicate information about the product, its serial number, and any visible defects, such as abrasions and scratches. Give a copy to the buyer.

What is a product shortage?

A defect is understood as the non-compliance of a product with its intended use, description or mandatory requirements. For example, if the coffee machine does not turn on, this is an inability to use, a disadvantage. If the description states that the coffee machine has a function for making cappuccino, but in reality it does not work, this is also a drawback.

If the seller warns about defects before the transaction, then this property actually ceases to be a defect. For example, if the description of a coffee machine says that it cannot make cappuccino, this will not be considered a disadvantage. This is exactly how discounted goods are sold: the seller gives a discount and immediately says what’s wrong with the product.

A defect is a problem with a product that the consumer was unaware of and that was not his fault. If the product is broken or damaged by the consumer himself, the store is not obliged to return the money.

How much time does the buyer have to make a claim?

The buyer may make claims due to defects in the product during the warranty period or expiration date. If such are not established, then in Art. 19 of the Law of the Russian Federation states that the period is considered to be 2 years.

The shelf life begins from the day the goods are transferred to the buyer, unless otherwise provided by the contract. For seasonal goods, this period is shifted until the beginning of the season.

The date of the onset of climatic seasons is fixed by regional legislation where the store operates. For example, in Moscow the winter season lasts from November 1 to March 1, and the summer season from May 1 to September 1.

If the buyer has left you a claim related to a defect in the product, you must respond within 10 days - this period is specified in Art. 22 ZPPP.

Payment return period

Erroneously or excessively transferred payments are returned within seven days from the date the creditor submits a demand for its fulfillment (clause 2 of Article 314 of the Civil Code of the Russian Federation).

In cases of unlawful withholding of funds and evasion of their collection, interest is charged on the amount of the debt in accordance with the rules set out in clause 1 of Art. 395 of the Civil Code of the Russian Federation and clause 5 of the Review of the practice of considering disputes related to the application of rules on unjust enrichment (Information letter of the Supreme Arbitration Court of the Russian Federation No. 49 dated 01/11/2000).

Similar appeals for calculating interest are applied upon termination of a contract for the supply of goods (clauses 3–4 of Article 487 of the Civil Code of the Russian Federation).

To avoid paying interest for using someone else’s money, pay attention to the date of the document and fulfill your obligations no later than seven days.

A different legal situation arises in the event of the return of the advance upon termination or modification of the work contract. The organization that received the advance payment began to carry out the work. In this case, the contractor must prove that at the time of receipt of the notice of termination of the contract, part of it has already been completed. If this condition is met, the contractor retains part of the established price in proportion to the part of the work performed before receiving notice of the customer’s refusal to fulfill the contract, and compensates for losses caused by termination of the contract (Article 717 of the Civil Code of the Russian Federation).

How to identify a deficiency

A product shortage may occur due to a manufacturing error, damage during delivery, or improper storage. Then the business must issue a return and return the money to the buyer. But if the defect appeared due to the actions of the buyer, you have the right not to make a return.

Example

You sold a smartphone, and the consumer returned it with a complaint that it does not work.
If this is a manufacturing defect, then you need to return the money and take the phone back. If the consumer floods the phone with water, then he himself is to blame for the breakdown, so the claim can be refused. They find out who is to blame for the defect using quality control. As a rule, a full-time company specialist can conduct the inspection. But if a dispute arises with the buyer, an independent expert will have to be involved.

The seller must carry out the examination - according to clause 5 of Art. 18 ZPPP. The buyer has the right to attend the quality control of the goods and the examination.

You can choose any company. Experts in it must have certificates giving them the right to conduct research. The cost depends on the type of product and the company’s pricing policy. There are two types of independent expert opinions.

Official . It is printed on the company’s letterhead, contains expert data and a reasoned opinion - the result of the test and compares it with the indicators from the mandatory requirements for the product.

For example, when checking shoes for leaks, the expert writes that he performed the examination under such and such conditions and found out that the shoes were leaking. Although according to GOST such and such it must maintain water pressure to a specific level. Or, conversely, that the shoes fully comply with GOST, and according to the results of such and such an examination, no shortcomings were found.

The expert's opinion can be used in court as evidence of your position and justification for refusing to return the consumer.

Unofficial . Such a conclusion is possible by agreement with the expert. Literally, this can be perceived as a way to save money - the expert will not issue an opinion, but will conduct an examination and say whether there is a defect in the product or not. And if there is, is it a manufacturing defect or a violation of the operating conditions by the consumer.

An informal response cannot be used in court or in response to a complaint. But this is a saving: as a rule, expert advice costs 5-10 times less than an official opinion. And you find out cheaply who is right. If it's a consumer, then it's worth returning the money.

If the examination shows that the defect arose due to the buyer, then he can be required to reimburse the cost of the official examination. But they usually don’t do this - most likely, the buyer will refuse, then the only option left is compensation through the court. This takes a long time and requires resources for lawyers, which are more expensive than the cost of an examination.

Usually they do this. Having received a complaint from a consumer, they check the quality with the help of a full-time employee. If in doubt, seek an informal opinion from trusted experts. Further depending on the situation - they refuse to return the consumer or satisfy the requirements.

Even if you are sure that the defect was caused by the consumer, he can bring you the result of an independent examination in his favor. Then you will have to either satisfy his demands plus reimburse the costs of the examination, or go to court.

How to exchange goods of inadequate quality

If the consumer requires replacement of a defective product, one must rely on Art. 21 ZPPP.

You have 7 days to pick up the defective product and replace it with the same one. If the goods were sent for examination, the period increases to 20 days. If you have to wait for the goods to be delivered from the supplier to the store, then you have a month.

If the replacement took more than a week, then within three days the buyer must be provided with a similar product for temporary use. There is an exception to this rule, for example, there is no need to provide temporary hair dryers, kettles, or furniture. The full list is given in Decree of the Government of the Russian Federation dated December 31, 2020 No. 2463.

If you are exchanging for the same product, then there is no need to recalculate. If it is similar, but of a different brand, you need to recalculate the cost. It’s cheaper to pay the difference from the cash register; it’s more expensive to take an additional payment from the buyer.

Please process the exchange of goods as a return of goods and a new sale. Accordingly, you first need to issue a return receipt for the old receipt, and then issue a receipt for the new product.

What to do with VAT

The rules for processing documents involved in the calculation of value added tax have changed. Now the buyer who returned the goods and materials does not issue an invoice. But the supplier who accepted the return issues an adjustment invoice taking into account the actual delivery values. Then he registers the adjustment invoice in the sales book (clause 3 of article 168, clause 10 of article 172 of the Tax Code of the Russian Federation, clause 12 of the Rules for maintaining a purchase ledger, clause 1.4 of the Federal Tax Service Letter No. SD-4-3/ dated October 23, 2018) [email protected] , Letter of the Ministry of Finance dated 02/04/2019 No. 03-07-11/6171).

The buyer, if he has accepted VAT for deduction, restores the tax on the basis of the received adjustment invoice. And registers transactions in the purchase book (clause 4, clause 3, article 170 of the Tax Code of the Russian Federation, clause 1.4 of the Federal Tax Service Letter No. SD-4-3 of October 23, 2018 / [email protected] ).

How to make a discount on a product with a shortage

The amount of the discount for defects is determined by agreement with the buyer. For example, you sold him a refrigerator, but the movers damaged it during delivery. The scratch does not affect the operation of the refrigerator, but the buyer may oblige you to replace the damaged panel. In such a situation, it is easier to negotiate a discount and return part of the money.

A discount is issued, as is the replacement of goods, return receipts and a new purchase for a lesser amount. Return period is 10 days.

In the same way and within the same period, compensation for the costs of repairing the goods occurs. The buyer must bring you a receipt from the organization that corrected the defect. Please note: the consumer is not required to agree with you on the organization to carry out the repair. If you think the price for repairs is too high, you can refuse to pay - usually “high” is considered more than two-thirds of the cost of a new product. In this case, the buyer has the right to go to court.

How to repair a product

If the buyer requires the product to be repaired, you have a maximum of 45 days to complete all work. If the repair lasts longer than 7 days, then within three days the buyer must be provided with a similar product as a temporary replacement - this is documented in a separate act. Exceptions are listed in Decree of the Government of the Russian Federation dated December 31, 2020 No. 2463.

After repair, you need to give the goods and a copy of the report with information about the date of application, the date the goods were transferred for repair, a description of the work performed and parts replaced, and the date the goods were issued. Make sure that the consumer has checked the functionality of the product and confirmed by signing the document that he has no complaints about the quality of the repair. Keep a copy of the deed and the buyer’s statement for yourself.

Provision by the seller or manufacturer of replacement goods for the period of repair

In addition, you should know that in the event of a request for gratuitous elimination of defects in a product of inadequate quality or a demand for its replacement (if it takes more than 7 days to replace it), the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) is obliged to the application to provide free of charge for the period of repair/replacement a durable product that has the same basic consumer properties, ensuring delivery at its own expense. The list of durable goods to which this requirement does not apply is established by the Government of the Russian Federation.

At the moment, there is a List of durable goods that are not subject to the buyer’s requirement to provide him free of charge for the period of repair or replacement of a similar product, approved by Decree of the Government of the Russian Federation of January 19, 1998 N 55. It includes: 1. Cars, motorcycles and others types of motor vehicles, trailers and numbered units for them, except for goods intended for use by disabled people, pleasure boats and watercraft 2. Furniture 3. Electrical household appliances used as toiletries and for medical purposes (electric shavers, electric hair dryers, electric hair curlers, medical electric reflectors , electric heating pads, electric bandages, electric blankets, electric blankets) 4. Electrical household appliances used for heat treatment of products and cooking (household microwave ovens, electric ovens, toasters, electric boilers, electric kettles, electric heaters and other goods) 5. Civilian weapons, main parts of civilian and service firearms.

Remember that you can request elimination of a defect in a product from any counterparty. When returning a defective product, you can make a claim only to any one counterparty (directly to the seller of the product, the manufacturer of the product, its importer, contractor or entrepreneur or authorized organization). The right to choose who it will be declared to belongs to you, dear consumer. If such a demand is made to the seller, he does not have the right to send you to the Service Center, but is obliged to personally and independently take measures and ensure that the defects in the product are eliminated.

All information described in the claim must be supported by the buyer’s signature.

How to get your money back for a product of poor quality

If the product is not included in the list of exceptions, then you have 10 days to return the money. During this time, you need to conduct a quality check or examination, make a decision and give the money.

Control your business remotely: check how much money is in the cash register and in the current account, set up notifications about cash register operation.

Try it

There are nuances:

• The amount must be returned in full. Even if the product has lost its presentation during use.
• If the goods were purchased on credit, the store returns the amount for the goods and the interest paid, that is, the losses incurred by the buyer.
• If the price of a product has increased since the date of its purchase, then at the buyer’s request, the price must be returned to the day of the refund. The rule does not work in the opposite direction: if the product has become cheaper, this does not affect the cost of return.

Find out more about how to process a return at the online checkout.

What to do with returns at the request of the consumer

The buyer can contact the store to return a quality product without defects. There are several situations where you should take it back and give the money back.

In a regular store

The seller is obliged to exchange a non-food product if it does not suit the buyer. In practice, this means that the buyer can return the product without giving any reason. You can always say that the color or style didn’t suit you.

The buyer may also not agree to an exchange due to “there is no suitable product,” because the term “suitable” can be interpreted in any way. For example, the exchanged item again does not match the color. Therefore, de facto, this rule means that the store is obliged to return the money. The buyer has 14 days from the date of purchase to request an exchange or return of the quality product. Afterwards the store has 3 days to return the money or exchange.

An exception is the list of non-returnable goods listed in Decree of the Government of the Russian Federation dated December 31, 2020 No. 2463.

In the online store

The rules for distance selling are different. The buyer has the right to refuse any purchase without giving reasons at any time before the order is delivered to him and within 7 days after. If the website does not contain any legally compliant return instructions, the return period is extended to three months.

When returning, the store is not required to pay for shipping; shipping costs can be deducted from the refund amount. But only if the delivery price was clearly indicated. If it was said that delivery is free, the buyer can challenge your deduction in court.

The store has 10 days to return money from the date of application.

Which form to use

The unified form of the TORG-12 invoice was approved by Resolution of the State Statistics Committee of Russia dated December 25, 1998 No. 132. But the use of uniform forms is not necessary. The organization has the right to use its own return invoice forms. Approve the self-developed form in your accounting policy. Read on for detailed instructions on how to fill it out. Or use a unified form.

There is no need to establish the structure and rules for filling out the TORG-12 invoice form in the accounting policy of the institution. It is enough to make a link that TORG-12 is used to process the return.

IMPORTANT!

State employees use special invoice forms to reflect returns. This is an act of acceptance and transfer of objects of non-financial assets (f. 0504101) and an invoice for the release of materials (material assets) to the outside (f. 0504205). Instructions for filling out are fixed by Order of the Ministry of Finance of Russia dated March 30, 2015 No. 52n (as amended on November 17, 2017).

When the seller is not obliged to return money for a quality product

• The purchase is made for business purposes, that is, the buyer is not a consumer.
• The presentation is lost. For example, there are scuffs on the equipment or the clothes have been used and are frayed.
• Manufacturer's labels have been torn off the product.
• The item was not sold by you. If you are sure that this particular product was purchased at another store, you can refuse a return. But if you are wrong, the buyer can go to court.
• The deadline has passed. You have 14 days from the next day after purchase to return goods of good quality.
• The product was purchased in a regular store, not in an online store, and is included in the non-returnable list.

The seller is not obliged to return money for food products of proper quality. But if the product has defects or is sold past its expiration date, then this will be considered a sale of defective goods. That is, at the buyer’s request, it is necessary to either return the money or replace it with a similar product.

The Federal Law “On the Protection of Consumer Rights” is the main regulatory act regulating the relationship between the buyer and the seller. As practice shows, relations between market participants are most often complicated due to arbitrariness on the part of sellers or due to ignorance of legal norms by buyers themselves. If the latter know their rights, the number of controversial or problematic situations will be reduced several times.

You should know that not only goods of inadequate quality are subject to return/exchange. In certain situations and subject to certain mandatory conditions, the buyer can return/exchange quality goods. Naturally, most sellers strongly oppose the exercise of such rights by buyers. Plus, in some cases, buyers demand a refund completely wrongfully.

Requirements for goods to be returned

Before submitting claims to the seller, the buyer must make sure that the product he purchased meets all mandatory conditions. In accordance with Art. 502 of the Civil Code of the Russian Federation, first of all, the product must be non-food. Food products (in particular, food, medicines, etc.), being of high quality, cannot be returned under any circumstances. For example, if a package of milk of proper quality was purchased, it cannot be returned or exchanged for a similar one. The time period that has passed since the date of purchase will also not matter.

In accordance with clause 1 of Article 25 of the Federal Law on ZPP, the Consumer has the right to exchange a non-food product of proper quality for a similar product from the seller from whom this product was purchased, if the specified product is NOT SUITABLE :

• to size
• dimensions
• style
• colors
• size
• configuration

PRACTICAL EXAMPLE: a citizen purchased a suit of proper quality, completely suitable for him in size, configuration, color, and so on. After making the purchase, for some reason, he decided to abandon the purchase and return the purchased suit to the seller. No shortcomings were found in it, plus, it suits the buyer in all respects. However, the buyer can abuse the right and indicate to the seller that the suit does not suit him in color. In this case, the seller will be obliged to accept the goods back - Art. 25 Federal Law on sexually transmitted diseases.

Another important circumstance directly concerns the condition of the returned non-food product. Clause 1 of Article 25 of the Federal Law of the Russian Federation states that quality goods can be returned only in the following cases if the FOLLOWING CONDITIONS

:

• the product has not been used;
• its presentation, consumer properties, seals, factory labels are preserved
• there is a sales receipt or cash register receipt or other document confirming payment for the specified goods. The consumer’s absence of a sales receipt or cash receipt or other document confirming payment for the goods does not deprive him of the opportunity to refer to testimony that the goods were purchased specifically from this seller. Evidence of purchase can be any documentary or factual evidence that the transaction was carried out with this seller and at this place;
• a period of 14 days has been observed from the date of purchase - the countdown starts from the next day following the day of purchase.

On the first basis, it is necessary to make clarification. Returns will only be possible if the goods can subsequently be successfully sold by the seller to another buyer. That is, if its subsequent sale is impossible, then an exchange/return will not be possible. And this does not apply to the integrity of the packaging, which, in principle, is impossible, since it will have to be opened in any case. The requirements relate to the product itself, which, as is known, can be transferred to another package and then successfully sold.

Subsequent free use of the goods must be possible, without exception. For example, if a construction set was purchased, which subsequently does not suit any indicator, and by the time of return the seller has missed even the most insignificant detail, then canceling the transaction will be impossible. There will be a fully motivated and completely legal refusal on the part of the seller, since the rule on the integrity of the package has been violated.

Even the slightest use of the product will negate the likelihood of its further return. Using the example of a pair of the most ordinary shoes, this rule can be explained in more detail: if the buyer put on the shoes and walked around the apartment or inside any room in them, then this will not be considered exploitation or use of the goods. If he takes even a few steps along the street, then this will already be considered use. You can, of course, try to hide the fact of their use, but any examination will quickly establish a forgery.

As for supporting documents (checks, receipts, statements), their availability is not an absolute rule. Even in the absence of such, the buyer can refer to witness testimony. In practice, this rule is extremely difficult to implement. How can a buyer prove that the witness he hired was actually present during the purchase? Or vice versa, how can this fact be refuted by the seller, who can also attract witnesses to his side? The legislator did not provide for these situations.

It is highly recommended not to throw away documents indicating a purchase made directly from a specific seller. In fact, this will be the only fact confirming the transaction. Witness testimony is not a sufficiently effective way to confirm the fact of purchase. Plus, having a receipt will not leave the seller any choice. Therefore, the receipt must be kept for 14 days (at least).

As you may have noticed, the law literally states the consumer’s right to EXCHANGE goods of proper quality, however, in accordance with clause 2 of Article 25 of the Federal Law on the Protection of Goods and Products, if a similar product is not available for sale on the day the consumer contacts the seller, the consumer has the right to refuse to fulfill the contract purchase and sale and demand a REFUND of the amount of money paid for the specified product . The consumer's request for a refund of the amount of money paid for the specified product must be satisfied within three days from the date of return of the specified product. In practice, if the consumer properties of the creation are preserved, sellers return the product, even if a similar one is on sale.

List of non-food products of good quality that are not subject to return or exchange - Decree of the Government of the Russian Federation of January 19, 1998 No. 55

Decree of the Government of the Russian Federation dated January 19, 1998 No. 55 approved the List of non-food products of good quality that cannot be returned or exchanged for a similar product of a different size, shape, dimension, style, color or configuration , which, in fact, has not undergone major changes since 1998 of the year. It specifies non-food products that cannot be returned even if they do not match the color, style, etc. These products include:

• medicines of any kind; lenses; personal hygiene items; sanitary items; medical instruments and equipment;
• perfumes and cosmetics - all types;
• textiles - wool, synthetic, silk, linen, cotton fabrics; lace, ribbon, braid; (sold by the meter);
• cable products - wires, cables, cords; (sold by the meter);
• building materials sold by the meter - linoleum, carpeting; film; cellophane; Other materials;
• products made on the basis, with a portion, or entirely of polymer materials, which are intended for use in food preparation, or in direct contact with it - tableware; cutlery; items for storing/transporting/packaging any food products; this rule also applies to disposable polymer products;
• knitwear / garments / hosiery;
• chemical industry products - pesticides; chemicals; substances for use in the agricultural sector;
• household furniture;
• products made from precious metals or containing precious stones;
• cars, bicycles, motorcycles, recreational boats;
• technically complex goods that are subject to manufacturing warranty periods (mobile phones, televisions, etc. - lawyer’s note);
• civilian weapons and all their accessories;
• animals/plants;
• printed non-periodical products - including e-books, magazines, and any other materials.

Each category from the specified list covers the entire list of goods that belong to it, without any exceptions. For example, perfume and cosmetic products in any form cannot be returned if they were originally of proper quality. The same applies to all other products. Special mention should be made about the return of animals. Considering that the concept of quality should not be applied to a living creature, the legislator completely excluded the possibility of returning a purchased animal.

Thus, if you want to return a product that does not suit you, BUT it is on the List of goods of good quality that are NOT subject to exchange or return, then it is advisable to carefully examine the product for any defects, because The law allows you to return the goods specified in the List if they have defects (IMPROPER quality).

Return period for goods of good quality

By law, the period during which you can return a product is 14 days, not counting the day of purchase. At the same time, the legislator allowed the possibility of increasing the period, but only by agreement with the seller.

Sellers can extend the return period to the desired amount, which is notified to buyers in the accompanying documentation. Therefore, 14 days is the minimum acceptable period, which can be increased at the discretion of the seller/manufacturer. Such an increase is extremely rare. Sellers are not interested in this, so buyers have to be content with only the default period of 14 days.

How to return a product of proper quality?

If the product meets all the described requirements, is not included in the List and 14 calendar days have NOT passed since its purchase, then the buyer must inform the seller of his intention. We remind you that a refund (that is, a complete cancellation of the transaction) is possible only if the seller does not have a similar product in stock and the buyer is not interested in receiving any other products. The consumer's request for a refund of the amount of money paid for the specified product must be satisfied within three days from the date of return of the specified product. As a rule, in order to return you will need to fill out the appropriate Return Application and present your passport and receipt. After that, they will take the item from you and return your money.

If a similar product is available, and the seller fully agrees with the requirements presented to him, then the exchange is made upon request. That is, immediately after filling out the application and handing over the goods, the buyer can receive a similar product at a price that matches the cost of the returned goods.

When there is no similar product, but its arrival is planned in the coming days, the parties can agree on an exchange immediately after the receipt of the corresponding product unit. For these purposes, it is not recommended to negotiate verbally, since the wait for admission may drag on indefinitely. In the absence of a similar product, and if its immediate availability is excluded, money for a previously made purchase must be returned within 3 days (clause 26 of Rules No. 55).

In such a situation, the law recommends drawing up a written agreement, which will guarantee compliance with the rights, first of all, of the buyer. The agreement can be drawn up either on a special form available to the seller or in free written form, but with mandatory stamping by the seller. The body of the agreement contains the following information:

• Buyer's details - full name; permanent/temporary registration address; personal phone number (other contacts); current passport data, or information from any other document proving the identity of its owner (a driver’s license is quite suitable);
• Full name of the subject signing the agreement;
• data of the seller organization / individual entrepreneur - the exact location of the point of trading activity;
• description of product characteristics - name, quantity, production data;
• obligation on the part of the seller to make a return immediately after receipt of the corresponding product item;
• date and time of drawing up the agreement;
• signatures of the parties.

The seller’s obligation to notify about the receipt of the relevant goods is enshrined in clause 26 of Rules No. 55. In accordance with this rule, the seller is obliged to notify the buyer in any available way that the goods have arrived. The buyer arrives at the place of conclusion of the agreement (purchase of goods), where he receives a similar product to replace the returned one. During the exchange process, a separate document may be drawn up indicating the fact of the replacement - it all depends on the desire of the seller. In practice, such additional agreements are rarely drawn up.

Returning goods of good quality purchased remotely (via the Internet)

A remote way of selling goods is selling through online stores. A feature of purchasing goods remotely is the buyer’s inability to familiarize themselves with the purchase visually: products are sold via the Internet or postal booklets, and, in fact, citizens are buying a pig in a poke. Today, a larger percentage of controversial legal relations between buyers and sellers arise in the distance trading segment.

ATTENTION! Quite often you can come across a trick that sellers use when selling goods via the Internet: in the documents that are transferred to you along with the goods, there may be a clause “I hereby confirm that I purchased the goods not remotely.” Carefully study the documents that the courier gives you along with the goods for signature. The fact is that if you signed under such a clause, then it is considered that you bought the goods in the usual way, which means that there is not a 7, but a 14-day return period, the rule about the “reason” for the return (size, dimensions, style , color, etc.) and, most importantly, the inability to return goods from the List of Goods approved by the Government No. 55 (see above). Be carefull.

The product cannot be touched/tried on/checked for defects, etc. The buyer evaluates the picture, reads the reviews, and then makes the final decision. This option for purchasing goods is always associated with great risks directly for buyers.

THE FIRST DIFFERENCE from the usual method of purchase is the buyer's right to refuse the purchase at any time before its actual receipt , without any explanation.

For example, a person ordered a case for a mobile gadget from an online store. The goods arrived at the post office on time, and the buyer was notified of this in a timely manner. But by this time he had changed his mind about purchasing a case, as he had sold his existing mobile gadget. Consequently, he now has no use for the case. In such a situation, he can refuse the goods at any time before its actual acceptance (receipt). The buyer can inform the seller about this, for example, by telephone, after which the goods will be sent back by postal service, and the parties will recalculate, and this will end their cooperation. Such a mechanism is provided for by relevant legislation and this is how issues should be resolved in practice.

Or the buyer ordered a product to be delivered by courier, but after the courier delivered the product, the buyer realized that “in real life” the product looks different and is not entirely satisfactory to him. In this case, the Buyer has the right to tell the courier that he refuses the goods without explaining the reasons (or you can say it as it is “in the picture the product looks different” - this reason is sufficient to legally refuse the goods and in this case the seller does not has the right to force you to buy it.

If you nevertheless accepted the goods brought by the courier, but after that you carefully examined it and realized that you do not like it, then you have the right to return it WITHOUT giving any reasons. When returning a product purchased remotely, the buyer is not required to explain the reasons for such a return; you have the right to simply change your mind about buying the product - this reason will be sufficient to return the product.

THE SECOND DIFFERENCE from the usual method of purchase is that the period for returning goods of good quality purchased remotely is NOT 14, but 7 calendar days.

The legislator has reduced the return period to 7 days for the reason that citizens do not make disorderly purchases without checking the purity of the selling company. If information on the procedure and timing for returning goods of proper quality was not provided in writing at the time of delivery of the goods, the consumer has the right to refuse the goods within 3 months from the date of delivery of the goods. (Clause 4, Article 26.1 of the Federal Law on PLD).

The main thing is that the deadlines are respected: by default - 7 days, not counting the day of actual receipt, and 3 months - if the return period was not specified by the seller in writing. But to make a return, the product must meet certain requirements.

What requirements must a product purchased remotely meet?

Products purchased remotely must meet the same requirements as products purchased in person in a store. That is, it should not be subjected to exploitation, and its presentation should be completely preserved. The packaging must be preserved, even if damaged (opened).

The requirement for the safety of documents confirming the purchase also applies to these cases, but even if they are lost, this does not deprive the buyer of the right to make a return, referring to specific evidence of purchase (paragraph 3, clause 4, article 26.1 of the Federal Law on PZPP).

For goods purchased online, a bank card account statement may be suitable. The name of the bank does not matter - such statements are provided at any bank branch within a few minutes. But the best and most effective confirmation, of course, are considered to be documents received upon delivery/receipt of goods: checks, receipts, invoices and settlement statements, etc.

What products purchased remotely cannot be returned?

THE THIRD DIFFERENCE from the usual method of purchase is that goods purchased on the Internet are NOT subject to the List of goods not subject to exchange or return, approved by the Government. You have the opportunity to return any goods, including “non-returnable” ones, specified in the List approved by the Government of the Russian Federation . This means that if the deadlines are met and the product’s presentation is preserved (lack of use/use), it will be possible to return: perfumes, medicines, furniture, medical instruments, personal care products, everything that citizens so often purchase on the Internet stores

The only exceptions are non-compliance with the return deadlines, and cases when the product, due to its individual characteristics, can only be used by a specific buyer (paragraph 4, article 26.1 of the Federal Law on the Protection of Goods) . That is, if any product is made TO ORDER specifically for the buyer, and the latter has no complaints about its quality, then it will not be possible to return it even within the agreed time frame (often found when ordering individual furniture sets).

The refund period is 10 calendar days (instead of 3 with the usual method of sale).

Procedure for returning goods purchased remotely

First, you need to clarify whether the return deadlines have been met and whether the product has been used. This is very important, since most buyers incorrectly calculate the timing, and then spend a long time trying to prove something to the seller. The day the product was received is not taken into account - the next 7 days must be reported. Following exactly this scheme, errors with deadlines should not occur.

Considering the possible remoteness of the parties to the legal relationship, any interaction is carried out via e-mail. The buyer must fill out an application on the seller's website.

If desired, the buyer (in this case, the applicant) can describe the reason for the return. But this is only at your own request, since the addressee of the request does not have the right to demand that the reason for the return be indicated.

A courier will either come to pick up the goods, or you will need to take it yourself to the address specified by the seller.

Having received and considered the request from the buyer, the seller must draw up an act of return acceptance of the goods, which indicates the amount of the return. The final amount is calculated after recalculation of all transport and other expenses incurred by the parties. If the request is satisfied, the seller must return the money within 10 days from the date of receipt and acceptance of the goods (paragraph 5, paragraph 4, article 26.1).

The buyer has the right to indicate to the seller the most suitable method of transferring funds. In most cases, the same option is used that was used when purchasing the product. If this is a bank card, then the reverse transaction can be made in the same direction.

It is necessary to calculate the period of 10 days from the moment the seller draws up an act of acceptance of the goods. In this case, the days during which the funds are transferred should not be taken into account. The seller can transfer funds on the same day, but their actual receipt may be delayed due to the internal regulations of the issuing bank. In certain cases, the transfer period can reach 5 banking/working days.

All costs for the return transfer of funds are borne by the seller. This includes postage fees, interbank transfer fees, and any other costs incurred during the refund process.

What if the seller refuses to return the money?

Unfortunately, many requests from buyers end up either not being answered, or the seller referring to the fact that the product has already been used. There are a huge number of reasons: lack of receipts (which is not a reason for refusal); violation of the presentation of packaging; minor changes in the appearance of the product that can be easily eliminated for subsequent sale (bruises, slight dirt, lack of factory stickers).

In addition, the seller can simply refuse, citing the fact that the buyer will not go to court anyway, since it will cost him more. And for some reason many buyers put up with such arbitrariness and do not take retaliatory action.

Claim procedure

If the seller has his own point of view and believes that he is not obliged to return anything to you, before going to court, you must send a CLAIM to the seller demanding a return. The seller’s address can be taken from open sources by entering the name of the LLC or individual entrepreneur of the seller in the electronic service of the Federal Tax Service of the Russian Federation Check yourself and the counterparty. We recommend that you include the following information in your complaint:

• the exact name of the returned product;
• number of units;
• reason for exchange/return - it is necessary to indicate that the product, for example, did not fit;
• no objections to the quality of the product - state that the product is of adequate quality;
• exact date of purchase - with calculation of the number of days that have passed since the purchase of the product;
• payment method - cash/non-cash;
• details of the payment document - check, etc.
• personal details;
• requirement to terminate the purchase and sale agreement and return the money for the goods

Copies of documents confirming purchase and payment must be attached to the completed application. As already noted, such a document can be a cash receipt, a receipt, a bank account statement, etc. The application with attached copies must be sent to the seller’s address by a certified letter with a list of the contents and a receipt.

Filing a claim in court

If after 1 month (the period for consideration of the application) there is no reaction from the seller (as a rule, sellers, seeing the seriousness of your intentions, call you and offer to come and pick up the money), then you have the right to go to court. Such issues are resolved through litigation. The subject of the claim will be a refund for the goods. The possibility of an exchange will be completely excluded, since it is most advisable to declare a refund. You have the right to demand recovery from the seller in court:

• cost of goods
• penalty for using someone else's money
• a fine in the amount of 50% of the amount awarded by the court in case of refusal to voluntarily return money for the goods (Clause 6, Article 13 of the Federal Law on PZPP)
• moral damage, which, as is known, is expressed in monetary terms (Article 15 of the Federal Law on PZPP)
• legal expenses for a lawyer incurred by the buyer (part 1 of article 100 of the Code of Civil Procedure of the Russian Federation)

These amounts are subject to reduction at the discretion of the court (except for the confirmed cost of the goods).

Legal relations of this kind are subject to the general rules of jurisdiction specified in Art. 24 Code of Civil Procedure of the Russian Federation. If the subject of the claim in monetary terms is more than 50 thousand rubles, then the claim must be filed in the district court. If the amount of claims is less than the specified amount, then the consumer must contact the magistrate.

The deadlines for appeal are subject to the rule on general limitation periods. In accordance with paragraph 1 of Art. 196 of the Civil Code of the Russian Federation, the limitation period for such disagreements is 3 years. The report is kept from the date when the subject learned or could have learned about the violation of his civil rights. The legislation allows filing a claim not only at the location of the defendant, but also at the place of permanent residence of the plaintiff - the consumer.

A copy of the Claim with a postage stamp must be attached to the claim.

Be careful - to refuse to satisfy claims, the presence/absence of at least one of the following circumstances is sufficient:

— lack of data confirming the purchase in this particular online store (confirmation can be an order confirmation sent to you by email);

- failure to comply with the return deadlines - 7-90 days - depending on whether the consumer was informed about the return deadlines;

- the fact of exploitation of the goods has been established, which has violated its presentation and made its subsequent sale to another buyer impossible;

- lack of sufficient information about the defendant - for example, if the consumer cannot clarify the exact name of the online store;

- the actual absence of an online store - if at the time of filing the claim the store that sold the goods no longer exists (check information about the liquidation of the individual entrepreneur company before purchasing on the page of the electronic service of the Federal Tax Service of the Russian Federation Check yourself and the counterparty)

General recommendations

We recommend contacting only large, well-known, and trusted online stores that operate openly and have a permanent legal address. We recommend contacting stores that provide a manufacturer’s warranty - this confirms the fact of “white” import of goods. The price is higher there, but you can be sure of the reputation of such a store.

A big advantage would be the presence of a support service whose task is to answer consumer questions. Plus, today there are many intermediary companies (Internet sites) that act as guarantors in remote transactions. Such resources contain all the basic information regarding the online store, so the consumer can verify it before making a purchase.

Finally, it is highly recommended to work only with those online stores that are registered in the Russian Federation. Cooperation with foreign sellers almost always involves increased risks for the buyer. The store may be very famous, and with a lot of regular customers. But if disagreements arise, it will most likely not be possible to prove something or defend your case with the Russian consumer in a Russian court.

If the online store is foreign, then even a claim filed in the Russian Federation and fully satisfied against it may yield a zero result. Today, no effective instrument for legal interaction on such issues between states has been developed. Therefore, the buyer will remain with the previously purchased product, and the online store will continue to operate as before.

While on the online store website:

• see if the website contains information about the legal entity on whose behalf the seller operates. If there is a mention of an LLC on the site, check here Check yourself and your counterparty to see if it has been liquidated
• Call the seller and ask if the manufacturer's warranty is provided for the product. The warranty should be EXACTLY - as you understand, the level and quality of service there is very often “zero” (if you are ready to buy a product without a manufacturer’s warranty, you can skip this point)
• During the call, clarify what documents will be transferred for the goods. If the seller immediately informs you about fewer documents, then it is better to refuse the purchase. This must be: cash receipt (ALWAYS)
• invoice (ALWAYS)
• warranty card (if the product has a warranty period)
• contract (optional)

Starting from July 1, 2021, online stores are divided into those who need an online cash register and those who do not need it.

Online cash register is needed:

If the online store sells to individuals who pay:

• cash;
• by bank card;
• through the online payment form on the website;
• in the bank through form PD-4;
• through the online store’s own

Online cash register is NOT needed:

If an online store sells to individuals, but does not accept money from them directly:

• Delivery is carried out by a third-party courier service, outsourced, and carries out further settlements with the online store, while the store does not have online payment forms on the website. The cash receipt must be issued by employees of the courier company
• The online store works only with legal entities, accepting payments to its bank account

When accepting goods from the courier, before giving him the money, you need to make sure that the documents are filled out correctly

If you are making a large purchase and assess the risk that for some reason you may have to demand your considerable money back in the future, then we recommend that you check ALL the points below to ensure they correspond to what is written. In the event of a trial, it will be much easier for you to prove that the product was purchased from this company and exactly the same amount of money was paid for it.

• cash receipt - must contain the amount that you hand over to the courier and the name of the courier service company or the seller, depending on whether the courier is a full-time employee of the seller or an outsourced courier company. If you pick up the goods at a pick-up point, then you MUST punch the cash receipt there
• sales receipt or invoice - must contain the name of the goods, the name of the seller's company (check with the name that you checked for liquidation - if you saw another LLC in the invoice, looked at the information about it and found out that it was liquidated - feel free to refuse the purchase - before You are most likely scammers), the seal of the selling company and the signature of an employee of the seller’s company
• warranty card - must contain the seal of the seller (possibly WITHOUT a signature), namely the seller, and not the manufacturer. An empty warranty card does not obligate anyone to anything.
• contract (optional) - may not be concluded, because the presence of a cash receipt confirms the fact of legal relations with the seller, however, as we wrote above, in the case of selling goods remotely, the seller must inform the buyer “the procedure and terms for returning goods of proper quality.” Therefore, look at the documents for the presence of conditions for 7 days to return the goods (if there is no such clause, then this “plays” in your favor - the return period increases for 3 months). Also, look, there is no phrase anywhere that “the product was NOT purchased remotely” - if you are asked to sign for this, feel free to refuse - these are most likely scammers

If you make a purchase of a small amount, then you can generally “turn a blind eye” to some of the points, because non-compliance with the law is not your problem, but the seller’s, but even in this case, we recommend REFUSED the purchase if:

• the selling company indicated in the seal is liquidated or does not exist
• You are not given a delivery note or a sales receipt or a cash register receipt, which would indicate exactly what you are buying, from whom and for what amount . This document must contain the seller’s seal and the signature of his representative
• The manufacturer's warranty is important to you, but the seller refuses to put his stamp on it

ENJOY THE SHOPPING!

How to return and exchange technically complex products

The law has an exception to the return rules - these are technically complex goods, for example, laptops, vacuum cleaners, phones. The full list is in Decree of the Government of the Russian Federation dated November 10, 2011 No. 924.

• If the product has no defects, the store is not obliged to return it in the first 14 days after purchase.
• If the product has any defect, then you are obliged to return the money only in the first 15 days after the transaction. After that - only repairs. If the repair takes more than 45 days or the consumer comes back with a similar defect, then the money will have to be returned.
• If there is a significant defect in the product, that is, the product cannot be repaired or the repair will be disproportionate to the cost of the product, then the consumer has the right to demand money immediately.

Errors in consumer refusals

Businesses have several popular reasons for failure that are actually illegal.

1. No receipt. The buyer has the right to demand the return of goods without a receipt. This is stated in paragraph 5 of Art. 18 ZPPP.

2. No packaging. The law states that a store must refund money for goods without defects if the consumer has retained the presentation and manufacturer’s seals. Returns cannot be refused due to torn packaging or missing store tags.

You can justify the refusal by the unpreserved presentation, but then you will have to prove it. Therefore, if the product is not damaged and can be put up for sale again, it is better to return it.

3. Send it to the manufacturer for repairs. This type of refusal to return is practiced in hardware and electronics stores. The company does not take back the goods and the claim, but refers the buyer to an authorized service center (ASC). It is illegal.

The store may recommend that the buyer contact the ASC. But if he does not want to do this, he is obliged to accept the claim and the goods.

How to properly submit a consumer complaint

The document can be given to any employee of the seller’s organization. The place where a claim can be filed is not limited by law - it can be any branch of the organization that sold the defective product. The employee of the enterprise who receives this document must sign the second copy. If the seller refuses to accept the claim, the buyer has the right to send the document by registered mail with acknowledgment of receipt. A consumer who does not want to send a claim by mail can simply bring the document to the organization that sold him the defective product. If they refuse to accept the complaint, then you need to make a note about this on a second copy in the presence of two witnesses. Both relatives and acquaintances of the buyer, as well as any random passers-by who agree to help, can act as witnesses.

How to apply for a refund

Save the buyer's refund application for the tax authorities - this way you can explain the fact that the funds were written off. When receiving the goods, fill out the invoice in free form - it is enough to indicate in it the full name and passport details of the buyer, as well as all information about the product: its name, model, serial number or article, quantity, cost.

If you make a return on the day of purchase , you can issue cash from the cash register. When paying by card, the refund is also made to the card - you cancel the payment transaction. You also need to punch a check at the cash register with the calculation sign “return of receipt”.

If you make a return on a different day , then the procedure is different.

To give cash, the LLC needs to issue a cash settlement order in Form N KO-2. In it, indicate the reason for the return and the passport details of the recipient. If the organization has several cash desks, then money must be issued from the main one. An individual entrepreneur may not issue cash settlements, since he is not obliged to observe cash discipline.

The buyer may refuse to disclose his passport information. Indeed, nowhere in the legislation is there any direct indication that he is obliged to provide them to the store in order to return them. But at the same time, the store cannot issue cash without registering a cash settlement with this data, otherwise it will be a violation. Therefore, such a requirement is legal and established in the Resolution of the Supreme Court of the Russian Federation dated June 15, 2015 No. 25-AD15-3. In a conflict situation, the buyer can be offered to return the money to the card - in this case, passport data is not needed.

If the buyer paid by card, then, according to the tax office, the money should be returned to the same card - this is set out in the Letter of the Federal Tax Service of Russia for Moscow dated September 15, 2008 No. 22-12/087134.

If such a card is no longer available or the consumer is against returning to it, the store must still return the money - in cash or to another card. To exclude tax claims, take a statement from the buyer, where he clearly states the return method and details if we are talking about a card.

Briefly about what to do if the buyer wants to return the goods

• The main rule is to invite the buyer to understand the situation. Ask him for an application drawn up according to your template or in free form. If the buyer does not want to write himself, write down the requirements for him.
• If the claim is due to a product of poor quality, make sure that the defect was not the fault of the buyer. For example, find an independent expert or use an in-house specialist.
• If the defect actually appeared through no fault of the buyer, you must replace the product with the same or a similar one with a recalculation of the price, have it repaired at the store’s expense, or return the money. The choice is up to the buyer.
• For technically complex products there is an exception - the buyer can demand a replacement or refund within the first 15 days. Then only repairs. The buyer can withdraw money or demand a replacement only if the product cannot be repaired, the repair will be too expensive or take a long time, if the defects recur.
• Without defects, you need to return money or exchange goods only within 14 days after purchase, while maintaining their presentation and with manufacturer's tags. There are exceptions that are listed in Decree of the Government of the Russian Federation dated December 31, 2020 No. 2463.
• If the consumer's legal requirements are not met, the consumer may go to court. According to a court decision, the store usually pays the cost of the goods, a fine for refusing to resolve the issue voluntarily, compensation for moral damages, the cost of an independent examination, and legal costs.
• After returning goods of inadequate quality and fulfilling the requirements of the Health Protection Regulations, the store can make claims to suppliers - for example, demand that they compensate for all expenses. If an agreement is not reached through peaceful negotiations, you can go to court.

Returning a laptop of inadequate quality (defective)

A product of poor quality or defective is considered to be one that has deviations from the normal one.

Marriage if

• There are deviations in appearance from normal, or the equipment is not complete;
• There are shortcomings due to which the laptop is not able to satisfy the expected needs of the buyer;
• There are shortcomings that prevent the product from fulfilling its direct functional purpose;
• Characteristics differ from those stated in the accompanying documentation;
• The parameters do not correspond to GOST or TU, according to which the goods were produced.

Reasons for return

There are different types of marriage.

Any of the above types of defects allows you to return the laptop to a store or other retail outlet.

However, it is not possible to return the goods in the following cases:

1. If the defect arose due to the actions of the buyer;
2. If the buyer was informed in advance about the existing defects;
3. If the warranty period has expired.

The warranty period is the period during which the manufacturer or seller provides the buyer with the right to return a defective product. It is installed on each item separately, depending on the characteristics of a particular product and legal requirements.

The warranty period includes:

• warranty from the manufacturer - which is established by the manufacturer in accordance with the law (for example, in GOST);
• warranty from the point of sale - which must be no less than the period specified by the manufacturer.

The buyer can return the product within two years after purchase, even if the warranty period has expired. However, this requires serious reasons. And the return procedure in this case will be complicated.

Buyer's rights

If the laptop is of poor quality, that is, violations and defects are identified, then according to Article 18 of the Law “On Protection of Consumer Rights” the buyer has the right to a number of demands.

The buyer has the right to:

• To return and receive money;
• To exchange the product for a new one with the same declared characteristics;
• To carry out repairs free of charge;
• To exchange for a product with other characteristics with payment of the difference in price
• By agreement of the parties, a reduction in the price of the product equal to the amount of the defect found.

It is important to consider that the choice of one of the above items should be made by the buyer, but not by the seller.

Procedure

If after purchase the laptop is found to be defective, the first thing the buyer should do is contact the seller. At the initial stage, you should try to come to an agreement with him verbally, but if nothing works out, then you need to move on to serious action.