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14.04.2019

Importance whether you have purchased a quality product or whether it is defective. You have the right to demand the return and exchange of any defective goods. Quality goods, if they do not fit you in shape, style, size, color or size, can also be returned, but not all.

What quality items cannot be returned?

Please note that certain categories of quality goods that do not have defects still cannot be returned. The list of such goods is established by Decree of the Government of the Russian Federation of January 19, 1998 No. 55.

So, according to the list, goods cannot be returned or exchanged. good quality the following categories:

personal hygiene items (including combs, toothbrushes, hairpins, curlers, eyeglass lenses, nail scissors, etc.);
medicines and medical devices;
baby care products (pacifiers, diapers, bottles, etc.);
wearable and bed sheets, as well as hosiery;
Perfumes and cosmetics;
fabrics, as well as ribbons, braid and lace sold per meter;
wires, cords, cables;
building and finishing materials sold per meter (linoleum, carpet, etc.);
disposable tableware and packaging materials from polymers;
household chemicals;
pesticides and agrochemicals;
household furniture (although some large stores allow customers to return furniture, they are not required by law to do so);
jewelry from precious metals or with precious stones;
automobiles and motorbike goods, trailers, mobile means of small-scale mechanization of agricultural work, pleasure boats and watercraft for household purposes;
civilian weapons, the main parts of civil and official firearms, cartridges for it;
non-periodic printed products(books, brochures, calendars);
animals and plants;
technically complex household goods with warranty periods (telephones, cameras, radio electronics, etc.).

How to return a purchase without a defect to the store?

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When returning non-food products of good quality that do not belong to the above categories, certain conditions must be met.

A high-quality product can be returned within 14 days, not counting the day of its purchase, if it was not in use, its presentation, consumer properties, seals and labels are preserved.

It is very good to have a sales receipt or other document confirming payment for the goods. However, Part 5 of Article 18 of the Law “On Protection of Consumer Rights” states: “The consumer’s lack of a cash or sales receipt or other document certifying the fact and conditions of the purchase of goods is not a basis for refusing to satisfy his requirements.” If the buyer does not have a check, he can refer to the testimony of witnesses.

Money for the goods must be returned to you within three days from the day you took your purchase back to the store. If the seller decides to take advantage of the three-day delay, the consumer must record the fact of the transfer of the goods to the seller in the act. It must indicate the position, initials and surname of the person to whom the goods were transferred; the reason why it was returned; and date of return. This act must be kept by the consumer until the store returns the money to him.

How to return a defective product?

According to the Consumer Rights Protection Law, if the consumer has found serious defects in the purchased goods, he has the right to return such goods to the seller and demand a refund of the money paid for it. This also applies to defective technically complex goods, and spoiled food products. Also, the consumer may demand the replacement of a low-quality product with a high-quality one, free of charge elimination of defects or a reduction in the purchase price.

In addition, you are entitled to compensation for damages and damages that you have suffered due to a defective product.

With regard to goods for which there is a guarantee, the consumer has the right to present his claims to the seller if he discovers defects in the goods within warranty period or expiration date.

“In relation to goods for which warranty periods or expiration dates have not been established, the consumer has the right to make these claims if the defects of the goods are discovered within a reasonable time, but within two years from the date of their transfer to the consumer,” the law “On Protection of Consumer Rights” says. ".

To get your money back, you need to terminate the purchase agreement with the store. To do this, you need to draw up a free-form claim application to the store in two copies. The store must either agree to meet your requirements or provide a reasoned refusal.

Very often, the store sends the goods for examination to identify defects. All expenses for its holding are borne by the store, and you have every right to be present at it. If it turned out that the product was initially defective, and did not deteriorate due to the fault of the consumer, the store is obliged to return the money to you. If the result of the examination did not suit you, you can contact independent experts.

If the store refuses to take the product back and refund your money, you can file a lawsuit. AT similar cases the court often takes the side of the consumer, forces the seller to return the money and fines him for selling low-quality goods.

In the event that a product is under warranty, the buyer may demand a free repair of the product or its replacement with a similar one. In this case, the repair must be carried out within no more than 45 days, if in written agreement buyer and seller have not been determined other terms. The law states that "in case of elimination of defects in the goods, the warranty period for it is extended for the period during which the goods were not used."

Rospotrebnadzor can also help protect your rights.

Can I return an item purchased on sale?

Very often, during sales in stores, you can find announcements that discounted goods purchased with a promotion cannot be returned. However, such an announcement is marketing ploy store, and a store in this case misleads you.

There are no restrictions on the return and exchange of goods purchased on sale in the legislation. Therefore, if you are not satisfied with the product purchased under the promotion, feel free to carry it back to the store.

Any person at least once in his life has a situation when a particular product did not fit, turned out to be defective, broke, and so on. And the problem arises: how to return the product to the store or exchange it? Exist different situations and different variants to act in them. Let's try to consider them sequentially.

We return goods of good quality

We will talk about cases when you bought a product of normal quality. The product must be non-food. You can return and exchange the product if it does not fit according to the following parameters:

dimensions;
the form;
colors;
style;
equipment;
the size.

In general, you are not required to explain why the product did not suit you. It doesn't matter.
You have the right to exchange the goods if fourteen days have not passed since the date of purchase. In this case, the day of purchase is not taken into account.

As mandatory conditions return of such goods is indicated:
the product has not been used;
preserved presentation;
consumer properties are not lost;
there are factory labels and seals;
a cashier's receipt, or a sales receipt, or another similar document if he confirms the payment for the goods.

But all this does not mean that without a check the goods cannot be returned. If the check is missing, you can bring witnesses. For example, if you bought a product with someone. But it is best to always keep receipts for goods at least until the end of the warranty period or service life.

In general, the law primarily provides for the exchange of such goods for a similar one. But if this does not happen, then you have the right to simply demand the money back. In this case, the seller is not obliged to return the money immediately. He has three days to do so. This also applies to cases where a person paid by card.

If all conditions are met, then the law is on your side. But if the seller interferes with the satisfaction of your legal requirements, you will have to write a claim first, and then go to court.

We want to warn you that you should go to court only when you are one hundred percent sure that you are right. The consumer, on the one hand, does not risk anything by going to court. After all, he does not even need to pay a fee. But if suddenly you turn out to be wrong, then this fee will be collected from you when the decision is made. Not only that, the seller's side may also claim to charge you for various costs, for example, for the services of a representative.

If you are not sure that you are right, it is better to consult a lawyer. Moreover, many law firms They are now offering free consultations. If you decide to use a lawyer and win the case, you can recover all of your costs of the lawsuit. We recommend reading our

What cannot be exchanged or returned?

As follows from the above, it is definitely impossible to return or exchange foodstuffs(i.e. products) of good quality. But there is a list of non-food items that cannot be exchanged or returned. Here is the list:

health products for home use (such as medical devices) and medicines;
personal hygiene products (hair products - combs, curlers; toothbrushes, etc.).
cosmetics and perfumery;
Textile goods sold by the meter (fabrics), building materials by the meter;
Garments, underwear, hosiery;
Goods intended for contact with food - dishes, cutlery, containers, etc.;
Household chemicals;
Household furniture;
Jewelry;
Cars and other vehicles, trailers to them;
Technically complex goods;
Weapons and their parts, cartridges;
Plants and animals;
Non-periodical publications (for example, books).

These items can only be exchanged or returned if they are inadequate quality.

Return of defective goods

Often, after the purchase of the product, any shortcomings are found. Obviously, defective goods can be returned. Many people think that you can return a defective product within 14 days. But it's not. The return period for such goods is much longer. But they depend on the presence or absence of an expiration date or a warranty period for the product. If there is such a period, then claims to the seller can be made within its framework. If the term for the goods is not set, then you have two years from the date of purchase of the goods.

The warranty period, the service life of the goods begins to flow not from the moment the goods are manufactured, but from the moment they are transferred to you. If this moment cannot be determined, only then the counting starts from the moment of manufacture. But the contract between you and the seller may provide for other provisions.

An important point: in order to return the goods, you do not have to be notified of its deficiency in advance. This is usually noted on the receipt.

Make sure in advance that the lack of goods is not your fault - this can also be. Sellers are very fond of insisting that it is you who are to blame for some kind of breakdown. Therefore, we recommend that you read the rules of operation and think carefully if the situation is controversial.

Rights of the buyer in case of defects

In such situations, the buyer may require the seller to take several actions, and not just return or exchange the goods. You can:

demand a replacement for the same product of the same brand (model, article, etc.);
demand a replacement for the same product of a different brand (model, article, etc.) - with a recalculation of the price;
demand a proportional reduction in the price;
demand to eliminate the deficiency free of charge;
demand compensation for the costs of eliminating deficiencies;
demand a refund for the product.

As you can see, the consumer has many options for action. specific requirement depends on your desire and situation.

You can also claim compensation for damages that have arisen as a result of the sale of low-quality goods. For example, you were poisoned by a low-quality product, and incurred the cost of treatment.

In the process of trying to return the goods, several difficulties may arise. The seller may insist that the item cannot be exchanged because you do not have a cash or sales receipt. But know this is not true. Firstly, it costs nothing for the seller to issue you a duplicate check, since all checks are taken into account. Secondly, you can bring witnesses.

The seller may also say that you are to blame for the breakdown. In this case, he must carry out a quality check or examination of the goods at his own expense. You do not have to pay anything and can be present during these events.

How to behave in the store

When you come to the store to exchange goods, especially if it is of poor quality, you should not shout and wave your arms. The first step is to ask to call the person who is responsible for the exchange and return of goods. Disputes with sellers will not lead to anything - they will convince you to the last that the product is good and they will not change it. And you will only lose time and your mood will deteriorate. If the seller begins to wonder what you need and what happened, you can briefly explain the situation. But don't get into the discussion. Just ask if the seller is authorized to exchange the item. Most often - no, and after this question, the seller stops talking with you and calls the right person.

You should speak calmly, without turning to shouting. If you flatly refuse to return the goods - present a written claim. Most often, at this stage, the situation is decided in your favor, since no one wants to run around the courts.

We recommend that you prepare a written claim in advance, before going to the store. Especially if the product is expensive. This will later act as evidence that you presented legal requirements to the seller, but he did not fulfill them.

If you ask for a replacement item, the seller must do so within 7 days of your request. All other claims are subject to a ten-day deadline. If such a period has passed, and your requirements are not satisfied, feel free to contact the court.

Video

The videos will help you understand how to return an item to a store.

It is important to understand that the term "seller" does not mean individual(those. special person), a entity(i.e. entrepreneur, firm or shop).

It is this legal entity that is responsible for the quality of the goods sold, and, if necessary, deals with the issues of exchange, return and financial compensation.

Both goods of good quality (i.e., without marriage and damage) and inadequate (i.e., with marriage and damage, respectively) are subject to exchange and return. However, the procedure for their return / exchange is different.

Good quality product

Deadlines

The term for the exchange / return of goods of good quality according to the law is 14 days (excluding the day of purchase). To do this, you need to come to the outlet where the purchase was made, present the purchased item safe and sound and a receipt for it, as well as an application in any form with a request for an exchange for any reason.

Goods of inadequate quality

If, however, defects (malfunctions, defects) were found in the purchased goods, about which the buyer was not warned by the seller, according to the rules of trade, in this case, the buyer can:

return the goods to the seller with the subsequent monetary compensation its value within 3 days;
exchange for a similar one;
exchange for goods of another brand and with other technical specifications- with compensation for the difference in price;
repair of goods at the expense of the seller;
payment by the seller of financial costs for repairs (subject to the provision of a document confirming the costs);
demand a reduction in the price of the faulty item and the return of part of its value.

Order or what to go through

For return/exchange/repair/price reduction, there is solid foundation! Now you need file a complaint against the seller. In general, the claim is drawn up in free form, it indicates the nature of the breakdown, but it is also recommended to stipulate that the answer must be given within 10 days. A check is attached to the claim. However, as with the return / exchange proper product, this procedure can be carried out without a check, but with evidence.

After the agreed 10-day period, the seller must either satisfy the request for the return / exchange of the defective item, or - appoint independent expertise to find out the cause of the breakdown. The duration of the examination is a maximum of 45 days. The seller is obliged to notify the buyer of the time and place of the examination and, if desired, the buyer may be present during the examination.

If the examination establishes that the breakdown was due to the fault of the seller or it is a factory defect, the seller will have to satisfy all the requirements of the buyer. However, if it is determined that the breakdown was caused by the buyer himself, there can, of course, be no question of any return / replacement. In addition, the buyer will be required to reimburse the cost of the examination.

However, the buyer retains the right to challenge the results of the examination conducted at the seller's initiative and conduct its own independent examination.

If it is not possible to resolve the dispute amicably, you can seek help from Rospotrebnadzor or go to court.

Deadlines

How many days do you have to return in this case? Buyer assigned. And it is better to do it on the day of purchase! Further, a return or exchange from the buyer is possible throughout the entire warranty period (usually 2 years, but there are exceptions) only under certain conditions:

If the seller violated the deadlines for troubleshooting.
If a significant deficiency is found.
If, after repeated elimination of defects, the item cannot be used during the warranty year for more than 30 days.

In some situations, you have 15 days:

Return to online store

Goods of good quality can be returned to the seller within 7 days after purchase. If the contract of sale does not specify specific deadline, then it can be extended up to 2 months. In addition, the buyer can refuse the ordered item before receiving it, without motivating his refusal in any way.

The money for the goods, which the buyer refused, the seller must return within 10 days. However, only its cost is returned, while the seller is not obliged to return the money for delivery.

With regard to goods of inadequate quality purchased through an online store, for its exchange, return or service repair, you must also contact the provider, and then follow its instructions.

Results of sales and markdowns

All items purchased on sale are exactly the same as those purchased on general conditions, are subject to exchange and return, which are carried out according to the above procedure.

But discounted goods cannot be returned or exchanged, and they are also not subject to warranty repair. It is especially important to remember this when buying any discounted equipment.

Markdown is carried out in the presence of any technical or mechanical damage, which means that the purchased equipment may initially be inoperative or perform a limited set of functions.

Often, sellers “disguise” the sale of a discounted product as a sale, and therefore it would be useful to ask what motivates the reduced cost of the item being sold.

The provision of services and their quality is also regulated by the Law of the Russian Federation "On Protection of Consumer Rights". If a service of inadequate quality was provided, the customer may:

reduce the fee for this service;
demand the elimination of deficiencies at the expense of the contractor;
demand full compensation for the harm caused;
terminate the service agreement.

However, even if we are talking about termination of the contract, the customer may require the contractor to pay a penalty for an overdue service or violation of other clauses of the contract.

To prove that the service provided is of poor quality, the customer can within 20 days after its provision.

Thus, the Law of the Russian Federation "On the Protection of Consumer Rights" protects the buyer/customer from low-quality goods/services, and also reserves the right of the customer to return or exchange goods that did not suit him.

Unfortunately, ignorance of this law often does not allow the buyer to assert their rights, and many sellers, not wanting to incur losses, take advantage of this.

So, what is needed in the most in general terms? To return or exchange any product (both of proper and inadequate quality) the following is required:

Observe the terms in which a return or exchange is possible. As a rule, this is 14 days from the day following the day of purchase. For technically complex household goods, there is also a warranty period.
Have a check. Without a check, it is also possible to make a return or exchange, but it is somewhat more difficult.
Write a claim.

There are almost no people in the world who would not make purchases in stores. And every buyer has the right to receive a quality product. This is regulated by the Consumer Protection Act. It also specifies the conditions under which the buyer can return the product back. In carrying out this action, it is also necessary to take into account that there are certain period for a refund or exchange.

Certain reasons allow not only to receive a new or repaired product, but also to collect money for it. You need to know in which cases these rules apply in order to be able to protect your rights and get the product that will satisfy all expectations.

Can a customer return an item if they don't like it?

Sometimes it happens that after buying a product in a store, a person realizes at home that he will not like it. Perhaps it does not fit into the interior, or does not perform any functions, or the mind has simply changed, but there is a desire to return it back or exchange it. It is quite possible to do this according to the law. In what cases is this possible? If the product is not liked, the buyer has the right to return it to the store under the following conditions:

this is a returnable product;
the integrity of the packaging is preserved;
no traces of use;
2 weeks have not passed;
there is a check.

If you have proof of purchase, then the buyer has the right to return the proper product even in the absence of a receipt. The seller is not obliged to accept the product and return the money if the deadline for this has already passed. Also, such actions occur in the event of a defect or breakdown.

By the way, material on how it is carried out may also come in handy.

Can a buyer return an item without giving a reason?

Products are purchased all the time. Not always immediately in the store there is an opportunity to rationally evaluate whether this or that product is suitable. Therefore, the law provides for a return within a certain time. However, the law does not specify what is required in without fail explain the reason for doing so.

The product may not be suitable for any reason. However, if the buyer wishes to return non-food product, which refers to returnable, if he did not use it and did not pass set time, then you can do it without explanation.

Refusal of the seller to return the buyer the amount paid for low-quality goods

In cases where the product turns out to be of poor quality, the buyer has the right to demand a refund for it. In turn, the seller must comply with this requirement within three days from the date of confirmation that the product is really of poor quality.

If the seller refuses to return the amount paid, then in order to receive it in full, you need to make a pre-trial claim. If the refusal of this amount of money is delayed, then next steps may be sued. To do this, you need to provide a package of documents, including information about the product, about the defect, about the demand for a refund, about the refusal of the seller, etc.

It is important to remember that if the buyer nevertheless took the money after filing a claim, then it can always be withdrawn.

By the way, in it is written about how the return of shoes is done within 30 days (according to the law on consumer protection).

How long does the buyer have the right to return the goods?

So, in what cases the buyer can return the money for the products, it was discussed above. But the question arises - In addition, it is important to know how much time is provided by the law of the Russian Federation for this action.