Some unscrupulous sellers refuse to return money or exchange goods that are purchased at a discount or on sale. Such actions can be safely classified as illegal. After all, the procedure for the return and exchange of goods is regulated by the law "On Protection of Consumer Rights". This legislative act applies to absolutely all goods, including promotions and those sold at a discount.

It is against the law that information that goods sold at a discount, promotions or sales cannot be exchanged and returned. Such statements, verbally or in writing, violate the rights of buyers. The availability of a discount or promotion does not affect the rights prescribed in the law "On Protection of Consumer Rights".

A discount is a reduction in the original cost of an item. The amount of the discount is set by the selling party.

Discount promotions are often used in trade to attract a large number of buyers. In addition, discounts are often set for low-quality goods in order to sell them as soon as possible.

Defects can be of the following nature:

• Defects received during the production of a product or a whole batch of products;
• Defects resulting from mechanical stress;
• Violation of the integrity of the package;
• Incorrect product packaging.

There are 2 similar terms: discount and markdown. A discount means a decrease in the original value of the item. As a rule, quality products are sold at a discount. Markdown is more commonly used for defective and defective goods. However, in legal science, there is no difference between these terms.

Sellers or manufacturers of goods have the right to assign a discount on goods. However, the selling party has no right to violate the legitimate interests of the buyers. This means that even when buying a product at a promotion or a discount, a consumer must be guided by the information published in the Law "On Protection of Consumer Rights" dated February 7, 1992 No. 2300-1.

Any claims by the seller that a discounted item cannot be returned or exchanged is illegal. Even if such conditions are included in the sales contract or indicated on the sales receipt.

Conditions under which it is possible to return products purchased at a discounted price

Before returning a product purchased at a discount, you must fill out an appropriate application according to the established sample.

The following information should be included in the application:

• Product Name;
• The price for which the product was purchased, the date of purchase;
• The reason for the return of the item;
• The date the return document was drawn up;
• List of documents that are attached to the application;
• Buyer's signature with decryption.

It is advisable to attach a check or receipt of payment to the document drawn up. If there are no such payment documents, you must confirm the fact of the purchase by testimony. It is also better to present the document to the selling party in front of witnesses. It is desirable that these are the persons indicated in the application. Buyer's requirements should be stated as clearly as possible.

It is necessary to make 2 copies of the document. One of them is transferred to the seller, and the second remains with the buyer. A note is put on the consumer's document, indicating the date of receipt of the request and the seller's signature. If, at the time of contacting the store, there is no corresponding analogue for replacing the goods, the seller may invite the consumer to wait for the receipt. The buyer, in turn, has the right to give up waiting. In this case, he must receive the money paid for the goods within 3 days. If the buyer agreed to the exchange, it is made within 7 working days. This rule is governed by 21 Art. ZoZPP.

The statutory time limit can only be extended if a product quality check is required.

If a similar product is not in stock, the term may be extended to 1 month. After the exchange of goods, the old warranty period becomes invalid, the warranty for the new product is valid. Also, the consumer may demand a reduction in the value of the goods, this right is enshrined in Art. 22 ZoZPP. No more than 10 days are given for consideration of a claim of this nature.

How can I return a purchased product if it was part of a promotional sale at the time of purchase?

Often, a decrease in the value of a product is associated with a defect in the product. In this case, the selling party is obliged to inform the consumer about the presence and nature of the defect. Thus, the consumer deliberately buys a poor quality product. This is a voluntary choice of the buyer. It is quite logical that in such a situation the right to exchange a product is somewhat limited, but does not disappear completely.

In addition, the list of defects due to which the discount is assigned must be indicated in the corresponding document.

If the buyer decides to return the product for the reason stated in this document, he may be refused. However, the product can be returned for other reasons that were not agreed with the seller. The buyer can be guided by Art. 18. ZoZPP.

For example, a customer may require:

• Exchange of a product for an analogue;
• Replace the product with a product of a different brand;
• Reduce the price of the product;
• Carry out repair work at the expense of the seller;
• Claim compensation if the repair work was carried out at the expense of the buyer.

In addition, the consumer can insist on the complete termination of the sales contract. In this case, a refund is made. If, due to a poor-quality product, a person has suffered any losses, he can demand reimbursement of the money spent. In the case of purchasing a product that belongs to the category of technically complex, he can count on not only a refund, but also a replacement of the trademark. In this case, the seller must recalculate the cost. As a result of the recalculation, the seller can return part of the funds or, on the contrary, demand an additional payment. The buyer needs to draw up and submit a relevant claim within 15 days.

If the buyer did not have time in this period, the goods can be returned only in certain cases:

• The product has significant defects that impede operation;
• The selling party does not comply with the terms of the repair work;
• Systematic repairs, due to which the buyer was unable to use the product for 30 days.

In some cases, sellers may conduct additional quality checks on the product. The buyer may be present during such an examination. In cases of dispute, verification is carried out at the expense of the selling party. The results of the check can only be appealed in court.

If during the examination it turns out that the defect was not the fault of the seller, the consumer is obliged to compensate the money spent on checking the product.

In addition, sellers are administratively responsible for the sale of low-quality goods and failure to meet the deadlines for considering claims and satisfying consumer requirements.

There is another type of discount. Often in retail chains you can watch a promotion for which you can buy one product, and get the second as a gift. In this case, the gift item may cost absolutely nothing, or a symbolic price is assigned.

The Civil Code of the Russian Federation states that the gift item is included in the package of the main product for which money was paid. Therefore, if the gift turns out to be defective, the consumer has the right to demand a reduction in value or repair work. This information is indicated in Art. 479 of the Civil Code of the Russian Federation. Repair work can be carried out both at the expense of the seller and at the expense of the buyer. However, the selling party must compensate the consumer for the loss.

What should I do if I need to return an item purchased at a sale?

What is a sale item? These products are generally free from defects. The sale is set for products that have lost their relevance or were not sold in the last season.

On the basis of the ZoZPP, goods from the sale are also subject to return.

However, during the return procedure, all requirements must be met:

• 14 days have not passed since the purchase was made;
• The purchased product did not fit in specific parameters: shade, shape, size, dimensions, configuration;
• There is a document confirming the payment.

The absence of a payment document cannot be considered a hindrance to the return of goods. After all, information about purchases is recorded by the seller as well. You can check the information in the cash register.

• The returned product retains its presentation;
• The product was not in use;

The purchased clothes should not be dirty, wrinkled. In addition, the seller may refuse to accept the washed clothes if, as a result of the washing, the product has changed its appearance. There must be no defects on technical products.

What can a customer require if a sale item is returned at a markdown or discount?

1. You can exchange a product for an analogue with similar characteristics;
2. Change the brand of the product with the subsequent recalculation of the cost.

The second option is possible only if there is no similar product.

Also, the buyer can simply return the product and demand the return of the money paid. This option can be used if the exchange of the product is not possible.

Conclusion: The procedure for returning goods purchased at a discount or on sale is no different from returning goods purchased at full price.

Non-refundable?

Sale is not a reason to cheat the buyer!

Some stores, arranging sales of quite high-quality goods, post a notice in front of the buyer's eyes: "The goods bought at the sale cannot be exchanged or returned." And often citizens, thinking that it should be so, do not dare to resist in any way. And in vain, because this is one of the biggest violations of consumer rights occurring in trade. What is a sale?

This is just a simple way to sell the product - today the seller sells the product for 1,000 rubles, tomorrow he will sell the same product for 500 rubles. The seller himself lowered the price and the buyer should not be interested in why the price of a completely high-quality product is decreasing. From the point of view of the law, consumer rights are absolutely the same, and they are defined by Article 25 of the Law "On Protection of Consumer Rights". The fact that a store on its own initiative carries out a sale does not in any way deprive the consumer of those very rights that are stipulated in this article of the law.

For example, you saw boots on sale for two and a half thousand, which previously cost seven thousand. How lucky you think! You buy, try again at home, and suddenly you realize that the boots do not suit you (in color, size, texture). Even for two and a half thousand - they do not fit! You want to return them, but you are stopped by the very inscription that flashed in front of you in the store - "the goods cannot be exchanged." Some stores even put a stamp on the check: "Sale. This product cannot be exchanged or returned." Sometimes they force the buyer to sign - they say, you are aware that the goods cannot be returned. And we agree with this, and then we think about where to put these boots so hateful to us.

To return money for such a product, certain conditions must be met:

- no more than 14 days should pass from the date of purchase;

- you must not use this product (you cannot return shoes in which you have already walked along the street);

- it is necessary to preserve the presentation, consumer properties of the goods, seals, labels, i.e. the product must be exactly in the form that he had at the time of purchase;

- you need to show the seller a document confirming the purchase: a cash register or sales receipt. It is possible without it - the law allows it, but in this case, the process of proving the fact that the product was purchased by you in this particular store may take a long time. Therefore, it is in your best interest to keep the receipt after purchasing the item.

In the store, calmly and confidently ask for a refund on the basis of Article 25 of the Law "On Protection of Consumer Rights". Do not forget that the seller has the right to return the money not immediately, but within 3 days.

If the seller begins to resist, notify him that you will immediately go to the Federal Service for Surveillance on Consumer Rights Protection and Human Welfare (abbreviated as Rospotrebnadzor) and demand a complaint book in which you make a corresponding entry. By the way, every store must have a complaint book and the so-called "Consumer's Corner" in a place accessible to the consumer, where the phones of this supervisory authority are located.

It must be remembered that Rospotrebnadzor is a state body, and it has the right to respond only to a written complaint from a consumer, on the basis of which an audit will be carried out. Such a complaint can be sent by mail or through the Rospotrebnadzor website. But, as soon as the conversation about Rospotrebnadzor comes up, sellers often change their point of view and return the money to the buyer.

It has been proven many times over by experience: if a consumer knows his rights, if he is persistent and knows how to argue his position, the less stores try to contact him.

And they also read here:

So, sales! A blouse from a well-known brand costs only 27 thousand instead of 30 thousand! And then you look at home, the jacket is falling apart, the threads are pulled out ... Let's go to return. And there they say: “But we didn’t say that it was the first grade. Sale, you know. Do you want to return? Take the money? Eh, no, we said that the markdown and no claims. "

Nothing like this. There is a big difference between a markdown and a sale. If there is a markdown, they should explain to you why they discount it, but they can only discount if the jacket is inferior, that is, with flaws (the threads stick out, the color is heterogeneous, the elastic does not stretch, etc.). Then it's another matter - you agreed with this and bought it anyway. This should be somehow explained to you and recorded in your agreement with the seller, and your agreement is a check. Let them write there that the markdown. And then they have the right not to return.

Thinkstockphotos.com

If you notice a marriage on the item you just bought, you can return it or exchange it

Sale is another matter. This is already the policy of the store, you never know what happened there. Fashion has changed rapidly. They decided to sell the store, get rid of the leftovers, at least for half the price. The thing is not to blame for this. And the check is normal. And you don't like buying at home - it happens, and the law is on your side. I just didn't like it, and nothing more. According to Article 25 of the Law of the Russian Federation "On Protection of Consumer Rights" you can exchange your purchase of proper quality for a similar one. Unless, of course, you have dented it, and its presentation has remained unchanged. Or return the money. And even if you have lost the check, it is enough to bring a witness to the purchase - a friend. And you can do this within 14 days from the date of purchase at the sale, and not even counting the day of purchase.

thinkstockphotos.com

Now worldwide sales season

It was smooth on paper ... And they say that they will not change and they will not return the money. And the director left for Goa. And the senior manager got sick. And I am a simple saleswoman and I don’t understand anything about it.

Here you have to do it in this order. First, think about whether to waste your nerves and engage in consumer terrorism for some 200 rubles. Oh, not 200, but 2000 rubles? Then, perhaps, it is worth fighting. First, decide if your purchase is included in the list of good quality goods that the store has the right not to exchange and refund. ...

And if your purchase is not on this list, then ask for a complaint book. If they give it - but in fact the book should be (hang) in a conspicuous place and it is not necessary to beg for it, it is necessary to take it that way. Now, if they don't give it and you can't take it yourself, it's time to complain. Necessary write a statement, in duplicate, state the essence of the case and demand a refund, one copy remains with the seller, the second must be signed and given to you. May refuse. Then you will have to send an application to the address of the store by registered mail. Write how to contact you, are obliged to respond quickly and return the money. If not, go to court, recently the courts began to apply stricter measures to the seller and even compensate for moral damage.

It is best to do all this gimmick not yourself, but contact the nearest Consumer Rights Protection Society, it will provide the free one, and the case will most likely be won. But let me remind you that all this is worth doing only if you have spent a lot of money.

Municipal deputies and consumer protection

On September 10, 2017, elections of deputies to the Councils of Deputies of municipalities took place in Moscow. We - Muscovites - have elected municipal deputies to the representative bodies of local self-government, who should be familiar with our - residents of the capital - problems and concerns.
What are the main problems? That is, what should the municipal deputies do? What issues can be included in the new agenda at the district level of Moscow?
Such questions are close to everyone and have "consumer characteristics", these are the quality of housing and communal services and the conscientiousness of management companies, the arrangement of yards and our streets, the culture of service in stores and the safety of products, the opportunity to engage in physical education and sports in their area, and others concerning convenience and security in our daily life. In one phrase - these are, first of all, the issues of the well-being of our life in the place of our permanent residence.
So, these are the issues of local importance, which are dealt with by the municipal deputies. And the role of municipal deputies in the life of townspeople is no less than the role of deputies of the State Duma.
The election campaign is over. Real life began. Now, after the elections, the question arises - what to do? Moreover, not only for those who received the mandate of a municipal deputy, but also for those who did not become a local deputy, but are going to continue public activities without such a status.
And when answering the question - what to do? - the following must be taken into account - objectively, dynamic transformations are taking place in Moscow in almost all of its spheres, which are being carried out by the city legislative and executive authorities. As a result, the responsibility of local self-government bodies for the prosperous life of Muscovites increases, into which such transformations invade in any case. The representative function of a local deputy is increasing in this regard. A local deputy today is already in the full sense of a municipal politician, a representative and defender of the interests of residents, their “envoy” in relations with the city government, and not some “junior in rank” or “subordinate”. To become an independent local politician, and not just have a "deputy mandate", you need to be aware of the main problems of the residents of your district, district, city. But for such involvement it is useful to enter a public organization, for example, a consumer association. It is precisely this opportunity - to open a local (district) branch - that the Consumer Association of Russia provides to all active people. We are already creating a community of defenders of consumer interests, both from municipal deputies and public figures who are interested in the topic of consumer protection, as the content of their activities. The basis for this approach for us is the Law of the City of Moscow "On the Organization of Local Self-Government in the City of Moscow", the eighth article of which states that issues of local importance of the municipal district include, inter alia, consideration of consumer complaints, advising them on protection issues consumer rights. It is obvious that today there are practically no consumer advocates among the elected local deputies. We want to correct this situation. Since such "specialization" is extremely necessary for solving the everyday problems of residents. This means that representatives of societies and associations of consumers should become deputies. And we are ready to work in the interests of Muscovites! Anyone who shares my position can contact me personally regarding participation in the activities of the Consumer Association of Russia in Moscow and the opening of our local branch in their area. Write: [email protected]
It should be good where we live now, which depends on ourselves.

Sellers use many ways to market a product. One of them is selling at a promotion or at a discount. Often in the store you can find the inscription: "Returns and exchanges of goods purchased on sale are not carried out." Therefore, many people are interested in whether goods purchased at a discount are subject to return according to the law. . Few people know that holding the action is the seller's initiative and does not in any way affect the right to return the purchase, established by the Law "On Protection of Consumer Rights" No. 2300-I of 02/07/1992 (as amended on 05/01/2017)

Can I return a discounted product: consumer rights

According to Art. 25 of the Law "On Protection of Consumer Rights" and Art. 502 of the Civil Code of the Russian Federation, a person has the right to hand over or replace goods of good quality, subject to the fulfillment of the requirements:

• less than fourteen days after purchase;
• non-food product, of proper quality;
• the object is not in the list of goods that cannot be exchanged;
• the product has not been used.

Whether goods with a discount can be returned in the presence of defects in them, is established by article 18 of the law "On the protection of consumer rights". If a shortage is found in a product purchased under a promotion, a person has the right to demand:

• exchange of the purchased item;
• reducing the purchase price;
• cancellation of defects at the expense of the seller;
• termination of the purchase agreement and refund.

Even when purchasing goods for seasonal or holiday sales, all provisions of the consumer protection law have their effect. Therefore, the seller has no right to refuse to accept the purchase. Otherwise, you can file a complaint with Rospotrebnadzor.

When it is impossible to return goods purchased at a discount

There are several circumstances in which a sale cannot be returned:

1. According to part 1 of clause 11 of the Decree of the Government of the Russian Federation No. 55 "On the establishment of rules for the sale of certain types of goods" dated 01.19.1998 (revised from 23.12.2016), the seller is obliged to bring to the buyer all information about the goods. If a defective product is being sold at a sale and the seller has notified the buyer in writing, it will not be possible to return it.
2. It will not be possible to return the product if it is established that the cause of the defect is the inaccurate actions of the buyer. At the same time, an examination of the quality of the goods must be done.
3. Resolution of the Government of the Russian Federation No. 55 dated January 19, 1998 approves the list of goods of good quality that cannot be exchanged. These products include:
   • medicines;
   • household chemicals;
   • wires;
   • fabrics;
   • linoleum and carpet;
   • jewelry jewelry;
   • tapes;
   • nipples;
   • diapers and underwear;
   • etc.

Goods purchased at a discount are subject to general return. Sales conditions are not regulated at the legislative level. Therefore, the holding of the promotion does not affect the return. If a person wants to refuse a low-quality product purchased at a sale, this is easy to do. You need to take it and go to the store demanding an exchange. Upon receipt of a refusal from the sellers, you need to contact the director in writing. When the complaint remains without action, you can contact Rospotrebnadzor with a written complaint about the infringement of consumer rights. Only, before going to the controlling service, it is recommended to pay attention to whether there is a mark on the check that the sold product is defective.

Is it possible to return a product with a discount , depends on its category and the reason for the sale. When a person wants to return a purchase of a quality type, he must do so within two weeks from the date of purchase. It doesn't matter if it was bought at the sale or not. However, it is necessary to remember about the lists of goods that are not exchangeable under any circumstances.