Law on low-quality shoes. How to return shoes. Algorithm of actions in the case when the authorized person agrees to the Refund

18.04.2019

The times of scarcity are long gone and the choice of shoes is large enough to satisfy tastes even the most selective fashionistas.

However, behind a presentable appearance may be hiding marriage, which is found already in the process of wearing.

Are there any real chances in such cases?

Current legislation provides the opportunity to return to even "walked" shoes.

But this does not mean that everyone can use the product. for free, vilifying and taking the money back. Criteria eligible for return under the 14 days rule and one that has already been worn, differ significantly.

14 day rule

Even not the most legally savvy people are well aware that shoes, not wearing a sock can be returned to the store within 14 days.

This is provided for in Art. 25. Federal Law "On consumer protection". According to the text of the law, the buyer can return the shoes back to the seller without unnecessary red tape. within two weeks if it meets the following requirements:

has not been used;
retained the presentation;
present, confirming the purchase in this particular store;
retained factory labels.

But about already worn shoes, consumers and sellers often have disagreements that end showdowns in Rospotrebnadzor.

The arguments of sellers often come down to explaining the obvious (for them, of course) fact - you the goods were used, so he arranged for you, what can be now? What does the letter of the law say about this?

Article 25 of the Federal Law "On Protection of Consumer Rights". The right of the consumer to exchange goods good quality

The consumer has the right to exchange non-food product of good quality for a similar product from the seller from whom this product was purchased, if the specified product did not fit in shape, dimensions, style, color, size or configuration.
The consumer has the right to exchange a non-food product of good quality within fourteen days, not counting the day of its purchase.

The exchange of a non-food product of good quality is carried out if the specified product was not in use, its presentation, consumer properties, seals, factory labels are preserved, and there is also a sales receipt or cash receipt or other document confirming payment for the specified product. The fact that the consumer does not have a sales receipt or a cash receipt or any other document confirming payment for the goods does not deprive him of the opportunity to refer to witness testimony.

The list of goods not subject to exchange on the grounds specified in this article is approved by the Government of the Russian Federation.
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 of sale and demand a refund of the money paid for the specified product. sum of money. The demand of the consumer for the return of the amount of money paid for the specified goods is subject to satisfaction within three days from the date of return of the specified goods.
By agreement between the consumer and the seller, the exchange of goods may be provided for when a similar product goes on sale. The seller is obliged to immediately inform the consumer about the receipt of a similar product on sale.

Warranty

Is it possible to return the shoes to the seller if they uncomfortable or rubbing? You should know that there are 2 types of obligations of the seller of goods (in this case- shoes):

warranty ;
quality assurance.

The first type of guarantee covers return of unworn models that did not fit during re-trying or for another reason.

And refunds for shoes after a little wear are carried out under a quality guarantee ONLY if it has flaws on the basis of the provisions of Article 18. "Consumer rights in the event of a defect in the product, qualifying as a defect."

Possibility to return used shoes legally regulated the provisions of Art. 18 of the Law of October 25, 2007 N 234-FZ "Consumer Rights in the event of defects in the product." The most common manufacturing defects shoes are:

Accordingly, return rubbing or uncomfortable shoes to wear really, if its defects are recognized as such, which restrict performance properties.

Section 18 of the Consumer Protection Act (CPLA)

1. The consumer, in case of detection of defects in the goods, if they were not specified by the seller, at his choice, has the right to:

demand a replacement for a product of the same brand (the same model and (or) article);
demand a replacement for the same product of a different brand (model, article) with a corresponding recalculation of the purchase price;
demand a commensurate reduction in the purchase price;
demand immediate gratuitous elimination of product defects or reimbursement of expenses for their correction by the consumer or a third party;
refuse to fulfill the contract of sale and demand the return of the amount paid for the goods. At the request of the seller and at his expense, the consumer must return the goods with defects.

In this case, the consumer has the right to demand also full compensation for losses caused to him as a result of the sale of goods inadequate quality. Losses are reimbursed within the time limits established by this Law to meet the relevant requirements of the consumer.

In relation to a technically complex product, the consumer, in the event that defects are found in it, has the right to refuse to fulfill the contract of sale and demand a refund of the amount paid for such a product or demand its replacement with a product of the same brand (model, article) or with the same product of another brand (model, article) with a corresponding recalculation of the purchase price within fifteen days from the date of transfer of such goods to the consumer. After this period, these requirements are subject to satisfaction in one of the following cases:

discovery of a significant defect of the goods;
violation of the deadlines established by this Law for the elimination of defects in goods;
the inability to use the product during each year of the warranty period in the aggregate more than thirty days due to the repeated elimination of its various shortcomings.

The list of technically complex goods is approved by the Government of the Russian Federation.

2. The requirements specified in paragraph 1 of this article are presented by the consumer to the seller or an authorized organization or an authorized individual entrepreneur.

3. The consumer has the right to present the requirements specified in paragraphs two and five of paragraph 1 of this article to the manufacturer, authorized organization or authorized individual entrepreneur, importer.

Instead of presenting these requirements, the consumer has the right to return the goods of inadequate quality to the manufacturer or importer and demand the return of the amount paid for it.

4. No longer valid. - Federal Law of October 25, 2007 N 234-FZ.

5. 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.

Seller (manufacturer), authorized organization or authorized individual entrepreneur, the importer is obliged to accept the goods of inadequate quality from the consumer and, if necessary, to check the quality of the goods. The consumer has the right to participate in the quality control of the goods.

In the event of a dispute about the reasons for the occurrence of defects in the goods, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer are obliged to conduct an examination of the goods at their own expense. Examination of goods is carried out within the time limits established by Articles 20, 21 and 22 of this Law to meet the relevant requirements of the consumer. The consumer has the right to be present during the examination of the goods and, in case of disagreement with its results, to challenge the conclusion of such an examination in judicial order.

If, as a result of the examination of the goods, it is established that its defects have arisen due to circumstances for which the seller (manufacturer) is not responsible, the consumer is obliged to reimburse the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer for the costs of conducting an examination, as well as related to its conduct. storage and transportation costs.

6. The seller (manufacturer), an authorized organization or an authorized individual entrepreneur, importer is responsible for the defects of the goods for which guarantee period if the consumer proves that they arose before the transfer of the goods to the consumer or for reasons that arose before that moment.

In relation to the goods for which the warranty period is established, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer is responsible for the defects of the goods, unless he proves that they arose after the transfer of the goods to the consumer due to the violation by the consumer of the rules for the use, storage or transportation of the goods, actions of third parties or force majeure.

7. Delivery of bulky goods and goods weighing more than five kilograms for repair, markdown, replacement and (or) their return to the consumer is carried out by and at the expense of the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer). In case of failure to fulfill this obligation, as well as in the absence of the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) at the location of the consumer, delivery and (or) return of these goods may be carried out by the consumer. In this case, the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) is obliged to reimburse the consumer for the costs associated with the delivery and (or) return of these goods.

marriage recognition

Unscrupulous sellers often "turn off" buyers who applied for a refund for defective shoes, citing the expiration of the 14-day period.

Meanwhile, the 14-day rule has nothing to do with quality assurance goods. The buyer has the right to present:

throughout the warranty of the shoes if it has warranty card. In most cases, shoes are guaranteed for a month or a season;
if the warranty period is not set, then the buyer can apply for the return of defective shoes during the period up to 24 months from the date of purchase of the goods.

The buyer has the right to demand from the seller or manufacturer:

gratuitous repair ;
substitutions a defective pair for a similar, high-quality article;
return funds for the purchase in full.

If the seller acknowledges the defect and agrees to repair, replace or refund the money, he is obliged to do so. within ten days. When the distributor or manufacturer does not agree that the defect was due to their fault, it is produced.

This procedure is carried out on a fee basis in independent expert laboratories. According to the same article 18, the buyer has the right to personally be in the laboratory on time and challenge its results in court if he does not agree with them.

Paragraph 5 of Art. 18 obliges the seller or manufacturer of footwear accept a low-quality purchase for examination even if the buyer does not have a sales receipt. Initially, the costs of the examination are borne by the seller.

If the experts conclude that the defects were due to circumstances that do not fall within the scope responsibility of the seller or manufacturer, the buyer reimburses the seller full cost expertise and the cost of all related expenses (transportation, storage, etc.).

The return of shoes after a little wear begins with the drawing up of the buyer, where he describes nature of the defect. legal effect this document buys only after seller's marks of acceptance low quality goods. Therefore, the claim is made 2 copies, one of which remains with the buyer as confirmation of the fact of receipt of the defective goods.

Restrictions

The law provides for a number of restrictions, according to which the seller or manufacturer has the right to refuse to accept low-quality shoes for refund or review. These include:

damage resulting from socks out of season(for example, wearing demi-season models in severe frost);
defects formed during operation not on purpose(for example, using branded running shoes as safety shoes);
mechanical damage, absent at the time of purchase (burns, cuts, etc.);
defects resulting from non-compliance operating conditions.

You will also be denied acceptance of low-quality shoes legally if they have been subjected to repair in workshops or at home before the claim was made.

Prevention or replacement of heels does not count. types of repairs capable of causing defects.

Finally, you can add one thing - purchases must bring satisfaction, and not turn into a headache in the form of red tape with a return. Therefore, when choosing shoes, rush is not needed - pay attention on all the little things, down to how tightly the insole is fixed and whether the laces are the same length.

But what if the seller flatly refuses accept shoes not only for return, but also for examination? Then the buyer has to contact, and not only with the requirement to return the money, but also to compensate for non-pecuniary damage. Most stubborn sellers only after mentioning litigation become much more accommodating.

Returning shoes to the store is not as easy as it says in consumer protection law. Sellers often refuse, especially if you have had time to vilify them. The Moscow-Lawyer Collegium told how to competently defend your rights.

You can return shoes to the store if they just don't fit you. Return conditions:

Not later than 14 days from the date of purchase;

The buyer provided a receipt that confirms your purchase;

You did not wear shoes, the presentation and consumer properties, packaging and labels have been preserved.

If you didn't keep the receipt, don't worry. The fact of purchase can be confirmed by witness testimony.

Art. 25 federal law“On Protection of Consumer Rights” (hereinafter referred to as the Federal Law).

The law provides for both options. You can return the shoes and claim a refund of the entire amount you paid. If you like another pair, ask for an exchange with an additional payment or a refund of the difference in price.

Art. 25 of the Federal Law.

For example, you bought running shoes that, according to the consultant, are designed for running. We came to the stadium, ran and found out that these were not running, but regular sneakers for fitness. You have the right to return the product because you have been provided false information. The second example - the seller assures you that the boots are made of genuine leather, and over time it becomes clear that this is an ordinary leatherette.

Art. 12 of the Federal Law.

If defects are found, you have the right to demand a replacement, repair or refund. The claim can be made during the warranty period, and if it is not specified - up to 2 years. The term for eliminating defects is up to 45 days, replacement - 20, refund - 10.

Yes, it is spreading. You have the right to request a repair, replacement or refund if:

Sole peeled off

The sole was worn out: leather in 50 days, porous rubber and polyurethane sole - 80 days, rubber imitating the skin - 70 days;

Stitched seams are torn;

Peeled, faded paint.

It is not considered a marriage and, accordingly, cannot be repaired, exchanged or returned:

If defects arose due to inaccurate or improper wear, for example, out of season or for other purposes;

Shoes already repaired by the owner;

After the expiration of the warranty period.

Art. 18-22 of the Federal Law.

When it comes to returns or exchanges new shoes, which was not in a sock, everything is simple - sellers rarely refuse a buyer's legitimate request. When it comes to returning a defective item, shoes with flaws, due to the provision of false information, buyers face difficulties.

We recommend that you insure yourself in case of refusal - make a claim. Make a copy of the claim to get the seller's signature on delivery on it. In the claim, clearly indicate your requirements: return the money, replace it with a new one quality thing, repair. The seller must respond to the claim within 10 days. If he declares the need for an examination, he must conduct it at his own expense.

Art. 22 of the Federal Law.

File a complaint with the authorities of Rospotrebnadzor and a lawsuit in court. You can claim compensation not only for the price of the product itself, but also for moral damages, losses, penalties and fines.

If you decide to go to court, use the services of a lawyer. His participation in the lawsuit will significantly increase your chances of success, especially when it comes to expensive shoes. Price legal services the lawyer will include in the amount of the claim and the losing side will pay them.

When people buy something, they want to know about their rights and money-back guarantees. Of course, provided that the seller has provided a product that does not meet the quality or parameters necessary for the buyer. However, if we, as a rule, are well aware of the warranty periods of equipment and the availability of service centers, then everything is much more complicated with shoes. Is it possible to return an unsuitable pair of shoes or boots? What are the return terms and conditions? Let's figure it out.

Can I return shoes to the store?

By law, people are allowed to turn in low-quality or unsuitable goods. Shoes are by no means an exception. Yes, there are some conditions that need to be met, but usually it is not difficult to comply with them.

Conditions for returning shoes

Try to collect everything that was given to you upon purchase: a box, a receipt, spare insoles, etc. But if you have lost something, do not despair - there will be chances to save the situation. The main thing is to confirm that you bought the shoes exactly where you are returning them.
New shoes must be returned within 14 days. This is the norm established by the state, the store has no right to change it. So 2 weeks maximum term to think about meeting your expectations of style, size and color.
Treat the purchased pair of shoes with care and do not expose them to harmful mechanical impact. If you damage it through your own fault, then, of course, the store may refuse to return the money and exchange.

How to return shoes to the store?

When we talk about a 14-day return period, we mean shoes that just didn't fit. That is, you changed your mind about wearing it and want to return it safe and sound. But there is another situation: the shoes turned out to be unusable, with a manufacturer's defect, or they failed during the warranty period. This question is solved in a different way. Let's consider these two situations separately.

Return of shoes of inadequate quality

If you have identified a marriage after the purchase, try to find the box, the receipt (if not, you need witnesses to the purchase) and the warranty card for the shoes. Also bring your passport or any identification document. This will allow you to compensate for the costs even after a little wear of the shoes. Beforehand, of course, it is useful for yourself to make sure that it is not damaged as a result of improper operation. If a poor quality The seller will not dispute the goods, you get any of four possibilities:

Full refund.
Shoe exchange.
Partial refund as for shoes of lower quality.
Elimination of defects at the expense of the store.

If the seller refuses to recognize the poor quality of the shoes or blames the buyer for defects, their rights can be defended in court. An examination may also be required.

Advice: Conduct an examination only when you are completely sure that the manufacturer is to blame.

Return of shoes of good quality

When the shoes just turned out to be unsuitable, they can also be returned or exchanged. For example, it turned out a mismatch in size or it is simply uncomfortable. Pay special attention to the preservation of the presentation. If there are no complaints against him, there is a good chance to defend his rights.

You can return such shoes in exchange for another, more suitable one (the difference in price is reimbursed). Also, the seller has the right to ask for the box back (if it was), a sales receipt, or, again, if it is lost, testimonies.

Terms of return of shoes to the store

Good quality shoes are returned within 14 days of purchase. When it comes to low-quality shoes, it all depends on the terms of the warranty. This is what will be discussed now.

Shoe Warranty

Do you ask the seller what is the warranty on the shoes? As we will now see, it is worth doing this, especially if you are dealing with a solid company store.

Warranty period for shoes

The warranty period (as opposed to the expectation test period mentioned above) is set by the seller. Usually it is at least 30-45 days, but a lot depends on the GOST for a specific type of footwear: children's - from 30, and model - from 60-90 days. The material of manufacture also plays a role.

Please note that in the case of seasonal shoes, the starting date of the season is the starting point, and when buying all-season shoes, the date of sale. The seasonality of shoes in Russia should be taken into account. The start date of the season may vary by region and may not coincide with the calendar framework of the time of year.

What is covered by the footwear warranty?

The guarantee extends not only to footwear, but also to accessories. For example, damage to a buckle, zipper, heel not through the fault of the buyer is also the basis for material claims against the seller.

What can the buyer expect under the warranty period?

The buyer himself decides which method of compensation to choose if the fault of the store (seller) is proved. Return with payment of the cost of goods or exchange is possible. This situation, however, has its own subtleties:

You can claim compensation for damages caused to you as a result of the sale of low-quality shoes.
When the goods are bought on credit, the seller is obliged to compensate not only the money paid, but also any costs associated with the loan (fee for its provision, interest, etc.).
If the price of the shoes has increased on the date of the claim, the difference can be claimed.

When can shoes be returned?

If you put on summer shoes in the cold, playing football in shoes, shoes may not be accepted back. It is expected that you properly looked after it and followed the basic rules of operation. It is not allowed to return shoes with obvious mechanical damage: with burns, abrasions and cuts. Also, claims are not accepted if the buyer contacted the shoe repair shop before returning the purchased pair to the store. The exception is the replacement of heels.

How to write a claim for illegal actions of sellers?

In some cases, you will encounter the fact that sellers do not want to fulfill their duties. Then you can write a complaint about their actions.

Advice: may be required beforehand. This will help to avoid unnecessary waste later and to understand whether you are entitled to compensation for the goods. It is also helpful to know consumer law and refer to it when talking to a seller.

If your efforts to verbally resolve the problem did not lead to anything good, proceed in the following order:

Indicate the addressee of the claim (for example, the head of OOO "Botinok", address: Moscow, etc.). In a similar order, indicate your data - name, address.
Indicate the circumstances of the case: where, when and for how much the goods were purchased, what defect was discovered, how the seller acted, etc. You can mention the available documents confirming the purchase, and any circumstances relevant to the case.

Advice: refer to the law when presenting.

Specify clearly your requirements for fixing the problem: refund, exchange, etc.
Specify the list of attached documents.
At the end - date and signature.

The claim is made in duplicate - for you and the seller. It is worth noting that this is the accepted procedure, but there are no “iron” requirements for compiling this document. If that doesn't work, then file a lawsuit. However, keep in mind that an expert opinion on the quality of shoes may be required.

Important: if the seller refuses to accept a written claim, send him a letter with notification. A copy of the receipt for such a letter is sufficient grounds for the court to consider the seller notified.

Since returning or exchanging shoes can be difficult, it's no surprise that many choose to take the purchase seriously. Therefore, the majority prefers to go to branded stores, rather than buying shoes of dubious quality in a second-hand shop or on the market.
As can be seen from the above, a check should be required from the seller. And we often forget about it.
Before buying, find out for yourself what you expect from the quality, the desired type of shoes. After informing the seller about your wishes, ask how the store fulfills the warranty obligations.

Frequently asked Questions

Let's look at a few common questions.

Can I return if the warranty period has expired?

Yes, but no later than 2 years from the date of purchase. Then you need to be able to prove that the identified deficiencies were already upon receipt of the goods.

Can I return shoes if they rub?

Yes, for this you need to follow the algorithm of actions described above in the "Returning Shoes of Good Quality" section. Most likely, the reason is not a manufacturing defect, but an incorrectly chosen size, so it is better to return such a pair of shoes as soon as possible, within 14 days from the date of purchase. It is likely that the seller will check whether the original appearance is preserved.

Advice: it is better to walk around the house or apartment in new shoes first, and not immediately go out into the street in them. Otherwise, it is difficult to return it as a new one, and it is almost impossible to present it as a factory defect.

Can I return used shoes to the store?

This is quite difficult to do if you cannot prove the presence of a factory defect. But each situation is individual, you can talk about it with a lawyer who knows the consumer protection law well.

When does the winter footwear warranty start?

Since there is a distinction according to climatic zones, we will consider the issue using the example of the capital. Warranty for winter shoes usually starts on November 1st. For spring - from April 1, for summer - from June 1, for autumn - from September 1.

As our review shows, fighting for a refund or exchange of shoes for a more suitable one is quite normal and available process. Another thing is that you need to keep in mind the regulations provided for by law and be able to put yourself in the place of the seller. It is also more often advisable to make financial claims to the store in the case of expensive shoes. The sale of goods in stores such as Second Hand or on sales often takes place according to its own, purely individual, laws.

According to the law on "Protection of Consumer Rights", the buyer has the right to return the item that did not fit within fourteen days. What reasons can become "good enough" for?

What does the Consumer Protection Act say?

The buyer has legal right return the product within two weeks after its purchase (the countdown starts from next day after purchase) if it did not suit him according to one of the following criteria:

Inappropriate shape.
Inappropriate dimensions.
Wrong style.
Inappropriate color.
Wrong size.
Inappropriate equipment.

Return conditions

The trade dress of the item has been preserved.
The item was not used.
The item is returned in the same "complete set", with all labels, inserts, instructions for use, etc.
The client kept a document confirming the fact of purchase: a check, a receipt for payment for the goods, instructions for use, a technical passport of the purchased item, a printed history of the bank card with which the item was paid.

Any documents that indicate the date and time of purchase of the item, its name and cost, as well as the personal data of the servicing seller can serve as confirmation of the purchase.

How to return shoes to the store if they do not fit?

The buyer can return the shoes to the store if they do not fit for one of the following reasons:

Wrong size. For example: the seller promised that the shoes would “break in”, but the shoes continue to rub after a week of socks.
Wrong color. For example: the buyer wanted to buy shoes in an unusual color scheme. After looking at the “new thing” standing in the corridor for several days, he realized that he would not be able to get used to it.
Wrong style. For example: the buyer did not think over under which trousers he would wear boots with pointed toes.

By providing one of the above reasons for the return, the buyer can count on:

No shoe exchange right size/color/style for a similar model of a suitable size/color/style
Exchange of shoes for another model with recalculation of payment: return of the difference in cost or surcharge.
Refund of the cost of purchased shoes in exchange for the return of an unsuitable model.

Return Policy

The buyer did not have to wear the shoes before returning them to the store;
Shoes should not lose their “marketable appearance;
The buyer must keep all the "components" of the shoes returned to the store: the box in which the shoes were packed in the store, replacement heels / insoles (if any were included), labels, etc.
The Buyer must keep the documents confirming the purchase of this pair of shoes in a particular store.

How to return shoes that did not fit in size / color / style to the store?

If the shoes you want to return meet the above requirements, then:

Go to the store where you bought the shoes. There, provide it, as well as documents confirming the purchase of shoes in this particular store.
Fill out the application according to the template provided to you at the store. It usually contains the data of the seller serving the buyer, the price and name of the goods, the buyer's personal data, and the reason for the return.
At the end, it is important to write down what you expect when returning unsuitable shoes: an exchange for a suitable one or a refund.
The application must also indicate the presence or absence of a check. If it is missing, then it is important to indicate the details of the person who was present with you at the time of buying the shoes. The Consumer Protection Act allows the use of a witness if the check is lost.

If there are no shoes of a suitable size at the time of return, then:

The buyer can negotiate with the seller of the shoe store when shoes of the right size are brought to the store.
The buyer has the right to demand a refund of the amount spent in exchange for the return of shoes that did not fit. The request must be satisfied within three working days from the date of submission of the application.