You can often see this kind of ad in stores " Goods that were purchased at a discount cannot be exchanged or returned"Is it legal, and can you return a product that was purchased at a discount?

Most often, sellers offer a discounted product at a low price in two cases:

1. If the product is defective(cracks or scuffs, and so on) that do not affect its performance and functionality, the seller can usually sell such a product at a lower price.

If there is a defect, the seller must warn you in advance that the product is of poor quality and that it is discounted. By purchasing this product, you confirm this defect and cannot subsequently present your claims that will be associated with this defect. Simply put, if you bought a phone, and it has a crack on the cover and you were warned about it, then you cannot have any claims to free replacement of this cover or refund of money to the seller.

If problems of a different kind have arisen, and they have not been discussed in advance with the seller, then you have the right to demand from the seller in accordance with Article 18 of the Consumer Rights Law, its return or exchange.

This can apply to anything and clothes and shoes and so on. If you were warned that this shoe was discounted due to the fact that it does not have laces, and over time the sole has come off, then you can make a claim to the seller.

When you buy a product at a discount, ask the seller what defect it has and get a mandatory written indication of these defects. He must write for what exact reasons the product was discounted. You can write this on a piece of paper or on the check itself. It is also necessary to certify this text with the seal of this store. Make sure that the seller wrote not just "Markdown", but specifically painted everything. Otherwise, if you have a need to return this product, and its defect was not previously agreed, the seller may refuse to return you money or replace the product.

2. Sale. This is a sale of an old collection. That is, a quality product, but at a discount. It was just that the seller decided to lower the price of the product in order to sell it or sell it up faster. When buying a product at a sale, you can exchange it based on consumer rights law or return it if the product is defective.

Never take messages seriously that sale item cannot be returned... This can be done simply by sellers taking advantage of people's ignorance of consumer rights law.

How to return a product if it is defective?

In case of a defect, it is possible to return the goods if this defect was not negotiated with the seller. The seller can you:

Replace the product with a quality one of the same brand;
- replace the product with another brand of product;
- to reduce the price of goods;
- fix problems free of charge or reimburse repair costs;
- return the entire value of the defective product.

How to return an item if it does not suit you?

If the product you bought has no defects, but it simply did not suit you, then you have the right to exchange such a product for the same product. You must do this no later than 14 days from the date of purchase.

You can change the product if it has retained its presentation, labels, seals, and also if you have saved a receipt or other document that confirms your purchase. If it is clear that the product was already in use, then the seller has the right to refuse you an exchange or refund.

If you have not kept the receipt, then you can refer to the testimony of witnesses, they can confirm your purchase of the goods.

There are goods that cannot be exchanged. These include:

1. Plumbing, hygienic, rubber, textile and other materials or tools, as well as medical devices and apparatus, medications, lenses for glasses.
2. Items related to personal hygiene.
3. Perfumes and cosmetics.
4. Textile products.
5. Knitwear and garments.
6. Products and materials that come into contact with food.
7. Household chemicals.
8. Furniture.
9. Products from dredges. metals.
10. All products that are related to cars and motorcycles.
11. Household goods that have an expiration date.
12. Weapons and their components.
13. Plants and animals.
14. Any editions.

From the above, we can conclude. Do not lose your receipt, it proves the fact of your purchase. When you come home, try to leave the packaging intact. If you bought a product from the list of prohibited goods, then carefully select it, because this item will not be returned back even if you haven't removed it from your bag.

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 Federal Service on supervision in the field of consumer protection and human well-being (abbreviated as Rospotrebnadzor) and ask for 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 government agency, and he has the right to respond only to a written complaint from the consumer, on the basis of which a check 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:

According to the Law "On Protection of Consumer Rights", promotional goods are subject to return or exchange on the same grounds as goods purchased without a discount. What are the nuances when returning a discounted product? Can the seller refuse to accept back the discounted item? Read the article.

Can the seller refuse to return a discounted item?

No. Even if in the store you see an information sign “Goods bought at a discount cannot be returned or exchanged”, you have every right to dispute this information, referring to the Law "On Protection of Consumer Rights", which does not contain information that it is impossible to return goods purchased at a discount.

If the seller refers to another Russian law prohibiting the return of goods at a discount, then you should know that this is illegal and there is no other law.

Types of discounted goods

There are two types of discount goods:

• Discounted goods;
• Sale item;

Let's analyze the specifics of returning each item separately.

How do I return a discounted item?

What is a discounted item? It is considered to be discounted, in which some kind of defect or flaw is found, due to which the cost for it significantly decreases.

What is the seller obliged to do when selling such a product? In writing or verbally, warn the buyer about why the discounted product is being sold at a reduced price.

So, for example, if you bought a kettle in a store with a fifty percent discount and the seller warned you before buying that the kettle's markdown is due to the presence of a large scratch on the lid, then later, you cannot come to this store and demand to return the purchased goods due to the presence he has a disadvantage. In addition, you cannot demand to exchange this defective kettle for the same one, but without a defect, or to have it repaired at the store's expense within the warranty period.

Bottom line: if you bought a defective product at a discount, and the seller warned you in advance that the product has a defect, then you have no right to return such a product.

In what case can a product purchased at a discount and having a defect be returned? If the seller does not tell the buyer why the item is discounted.

So, for example, if you bought a discounted tablet, which has a small crack on the panel, about which the seller warned in advance, and at home found that the “home” button does not work, then you have the right to return it back to the store on the basis of Article 18 of the Law "On Protection of Consumer Rights".

According to article 18, the consumer has the right to return the product with a defect, the existence of which the seller did not warn in advance.

Under this article, you can return any discounted product, except for those that cannot be returned in principle ( Underwear, Jewelry etc.).

Useful advice

When buying a defective item at a discount, ask your service provider in writing to confirm the defect and the associated cost reduction. This will give you the guarantee that in the event of an unspecified defect, you will be able to return the discounted item.

How do I return a sale item?

What is a clearance item? Unlike a discounted item, a sale item does not have any defects and is sold at a discount as part of the disposal of items from the previous season.

In this case, according to the Law "On Protection of Consumer Rights", the goods taken at a discount are subject to return. In this case, the standard conditions for the return of goods must be observed. proper quality, namely:

• From the moment of purchase, no more than fourteen days should pass (not counting the day of purchase of goods from a sale);
• The discounted product did not fit in shape, style, size, color or configuration;
• The buyer still has a receipt;

If there is no receipt, then the customer can ask the store staff to check the history of the cash register, which duplicates the information specified in the receipt issued to the customer.

• The product has retained its presentation;

This means that the buyer did not have time to cut off all the tags, tags, peel off stickers, etc.

• The product has not been used;

If these are clothes, then upon return they must not be washed, stained, or torn. If this is some kind of technique, then it should not be scratched, littered, etc.

What can a customer expect when returning such a discounted sale item?

• In exchange for the same product, but with suitable characteristics;
• For an exchange for goods of a different brand, of a different value with recalculation of the value of the goods;

This option is provided if a similar product with suitable characteristics (color, style, size, etc.) is not available.

• To return the cost of the goods in exchange for its return;

Provided if a suitable product is not available at the time of the buyer's request, and the buyer does not want to wait until it is delivered.

Bottom line: You can return a discounted product purchased at a sale according to the same rules as a regular product of good quality.

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 products, 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 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. Usually sold at a discount quality products... 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 similar conditions entered into 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 purchased goods, 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 guarantee period becomes invalid, the warranty applies new product... 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 consciously buys the product. Bad quality... 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 return Money, but also to replace 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. Renovation work can be made 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 an obstacle 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 washed clothes if, as a result of 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.

In some stores, you can find advertisements of the type "Goods purchased at a discount cannot be exchanged or returned." Is such an announcement legal and is it still possible to return a product purchased at a discount?

First, let's figure out what a discount is. As a rule, sellers offer a product at a reduced price in two cases:

The first case is a discounted product.

If a defect is found in the product that does not affect the functionality and performance of the product (for example, scuffs, cracks, etc.), then the seller can reduce the price for it and sell it as a discounted product with a significant discount.

In this case, the seller should warn you before buying what is wrong with the product and why it is discounted. By purchasing this product, you agree with these shortcomings and have no right to make claims related to these shortcomings in the future. In other words, if you bought a phone with a crack on the cover, were warned about it and agreed to buy this phone, then you cannot then contact the seller with the requirements for free elimination of this defect, exchange or refund.

In the event that other problems arise that have not been agreed in advance by the seller, for example, the purchased phone stops ringing, then you have every right to present the requirements provided for in Article 18 of the Law "On Protection of Consumer Rights" (see).

The same goes for clothes, shoes, etc. If you were warned that a given pair of shoes was discounted due to the fact that there are no laces, and after the purchase the sole fell off, you can make demands to the seller.

An important tip: when buying a discounted product, be sure to get a written indication of the defect from the seller! Let him write for what specific reasons the product was discounted. This can be done either on separate sheet, or on the check, but it must be mandatory. Ask to certify this with the store seal. Do not allow the simple wording "Markdown", demand detailed decryption... Otherwise, if you contact the store for a refund for a marriage that was not agreed in advance and does not belong to the reasons for the markdown, the seller may refuse you this, citing the fact that the product was discounted precisely because of this defect.

The second case is a sale.

A sale is, as it is fashionable to say nowadays, the elimination of an old collection. At the same time, a quality product is being sold at a discount. It's just that the seller decided to lower prices in order to quickly sell out the outdated collection, or sell off the rest of the goods. The very essence of this does not change - this is the usual purchase and sale of quality goods.

In this case, the provisions of the Law "On Protection of Consumer Rights" are fully applicable to the goods purchased at the sale - you can exchange goods of good quality for another, if it does not suit you by some parameters (see), or return the goods and get money back if a defect is revealed in the product (see).

Therefore, do not take seriously the messages of the sellers that the product cannot be returned from the sale. You can, they just take advantage of your ignorance of the Law.

Maxim Fomich