All people buy jewelry at least once in their life.

Some of them are faced with an unpleasant one, such as marriage.

It should be understood that it is possible to return a similar item.

But, when the products are of proper quality, it will not be possible to return it.

Jewelry is included in the non-return list on the usual basis.

It is also unlikely that it will be possible to deceive the seller, since in case of doubt he has the right to hold a special one. Let's consider in detail how the return of jewelry of inadequate quality is carried out.

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What the legislation says

It often happens that people return various products to the store, only because they do not like the style or size. But this item is included in the non-returnable list for one simple reason: the jewelry is original and has a very high price. In this regard, there is a high probability of counterfeiting.

An unscrupulous buyer can slip a cheap fake instead of the original. After all, the seller is not an expert, he may not notice this fact.

That is why the law made the sellers safe. In addition, almost all jewelry has a selling price.

It is many times higher than the prime cost. Therefore, the return of goods on the basis of "did not fit" is unprofitable.

Therefore, it is better not to rush to buy jewelry. It is impossible to give them back to if they are of excellent quality.

The only solution to this problem would be to amicably negotiate with the seller. This is possible only if he himself agrees to meet the buyer halfway. Just remember that he is not obliged to do this by law.

Low quality jewelry concept

It is necessary to correctly define what is not a quality product. Even an ordinary person is able to do this.

Sufficient quality includes:

• Jewelry has no working locks.
• Insecure gemstones in jewelry.
• The presence of mechanical defects: burrs, scuffs or bevels.
• There may be defects in pearls or stones: chips or cracks.

When such are present, the seller is legally obliged to accept the goods. It is allowed to replace it with another product. thus, the return of jewelry of inadequate quality (article 25) for the reasons listed is quite possible.

Poor quality return policy

If the buyer finds a defect on the product, do not rack your brains, you need to go straight to the store. Be sure to take with you:

• Not a quality decoration.
• Product packaging and price tag, if any.
• Receipt of payment.

When there is no purchase receipt, you can return the product, but you have to prove that it was purchased in this particular store. You may have to do this in court.

The selling party has every right to conduct an examination. This will help establish where the defect originated from. Perhaps this was the fault of the buyer. After the examination, a decision is made on further actions.

The buyer also has the right to give the jewelry for examination. In this situation, he may additionally claim the cost of this procedure.

Possible return time

The return of jewelry of inadequate quality must be carried out no later than six months from the date of purchase.

In this case, jewelry should be of inadequate quality.

To make a claim to the seller, it is required to prove that the goods were purchased from this seller.

Even when the store is sure that there is no manufacturing defect and the defect is the fault of the buyer, it must be accepted.

After that, a special examination is carried out, and after that the dispute is resolved.

It is allowed to return jewelry to the store subject to the following basic principles:

• The product was purchased with a defect.
• There is a receipt confirming the purchase in the store.
• No more than six months have passed since the date of purchase.

The seller has no right to refuse the buyer. For this, he can be held liable in accordance with the current legislation. The buyer has the right to demand payment of a forfeit or fine.

When there is deception, the buyer has the right to contact Rospotrebnadzor or the court. But for this you need to have proof, the fact of purchasing the product from this particular seller.

Quite often there are situations when the injured party cannot prove its case in court. Therefore, it is better to immediately contact a legally competent person. This will make the chances of success significantly higher.

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Good day! Please help me figure out the following situation. A month ago I bought gold earrings as a gift. Upon purchase, the product was visually inspected. When wearing the jewelry, a significant drawback was discovered - the fasteners of the product are constantly unfastened due to the fact that one of the elements of the fastener bends very much. The cashier's receipt was lost, but the payment was made and an SMS remained in the phone confirming this purchase. Is it possible to exchange this product or get a refund? Can SMS be used as proof of purchase if a receipt is lost? How to proceed and where to go if the store refuses to exchange or? Thank you in advance.

Lawyers' answers

Mikhailovsky Yuri Iosifovich(04/14/2014 at 10:37:39)

Good day! You need to contact the Seller with a Claim (2 copies), the main thing is to put an imprint of the seal, input number and signature on your copy, if you refuse to accept, you can send it by registered mail with a notification and an inventory. Your lack of a receipt does not invalidate your rights, for the Seller the SMS message may not be evidence, but for the Court it may well be evidence as well as testimony. Article 18 "O" explicitly states that the Consumer, at his choice, has the right to: demand a replacement or refuse to fulfill the contract of sale and demand the return of the amount paid for the goods. If the Seller claims that the jewelry cannot be returned for exchange, this is not the case, the Resolution states that the product is of good quality and most likely you will be offered to repair the product. If you are denied, then you can apply with, the state duty is not levied. For information: Article 15 of the Law of the Russian Federation "On Protection of Consumer Rights". inflicted on the consumer as a result of violation by the manufacturer (performer, seller, authorized organization or authorized individual entrepreneur, importer) of consumer rights provided for by the laws and legal acts of the Russian Federation regulating relations in the field of consumer protection, is subject to compensation by the inflictor of harm if he is at fault. The amount of compensation for moral damage is determined by the court and does not depend on the amount of compensation for property damage. Compensation for moral damage is carried out regardless of compensation for property damage and losses incurred by the consumer. Article 17 of the RF Law "On Protection of Consumer Rights". Judicial protection of consumer rights 1. Protection of consumer rights is carried out by the court. 2. Claims for the protection of consumer rights may be brought at the choice of the plaintiff to the court at the place of: location of the organization, and if the defendant is an individual entrepreneur, his residence; residence or stay of the plaintiff; conclusion or execution of a contract. If a claim against an organization arises from the activities of its branch or representative office, it can be brought to court at the location of its branch or representative office. 3. Consumers, other plaintiffs in claims related to violation of consumer rights are exempted from paying state fees. Article 18 of the RF Law "On Protection of Consumer Rights". Consumer rights when defects are found in the product 1. The consumer, if defects are found in the product, if they have not been agreed by the seller, at his choice has the right: to demand replacement for the product of the same brand (the same model and (or) article); demand replacement for the same product of another brand (model, article) with a corresponding recalculation of the purchase price; demand a commensurate reduction in the purchase price; demand the immediate gratuitous elimination of defects in the goods or reimbursement of expenses for their correction by the consumer or a third party; refuse to execute 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 be handicapped. At the same time, the consumer has the right to demand also full compensation for losses caused to him as a result of the sale of goods of inadequate quality. Losses are reimbursed within the time frame established by this Law to meet the relevant consumer requirements. With regard to a technically complex product, if defects are found in it, the consumer has the right to refuse to fulfill the contract of sale and demand the return of the amount paid for such a product or to submit a demand to replace it with a product of the same brand (model, article) or for the same product by another brand (model, article) with the corresponding recalculation of the purchase price within fifteen days from the date of transfer of such goods to the consumer. Upon expiration of this period, the specified requirements are subject to satisfaction in one of the following cases: discovery of a significant defect in the goods; violation of the terms established by this Law for the elimination of defects in the goods; the inability to use the goods during each year of the warranty period in the aggregate of 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 product of inadequate quality to the manufacturer or importer and demand the return of the amount paid for it. 5. The consumer's absence of a cash or sales receipt or other document certifying the fact and conditions of the purchase of goods is not a reason for refusing to satisfy his requirements. The seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer are 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 checking the quality 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. The examination of the 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 court. If, as a result of the examination of the goods, it is established that its deficiencies 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, importer for the costs of carrying out the examination, as well as related to its conduct. storage and transportation costs. 6. The seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer is liable for defects in the goods for which the warranty period has not been established, 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 as a result of the consumer's violation of the rules for using, storing or transporting the goods, actions of third parties or force majeure.

Sedchenko Sergey Nikolaevich(04/14/2014 at 10:41:12)

Hello, Tatyana. According to the "On Protection of Consumer Rights", each buyer has the right to return the goods to the outlet in two cases: when the purchased goods turned out to be of poor quality, or when the quality goods do not suit the buyer for some reason. In both cases, the law is on the consumer's side and guarantees or a refund. In order for your request for a replacement product or a refund to be satisfied without presenting a check, you need to obtain testimony from a witness who will confirm that the purchase was made in this store. In addition, you can show the store warranty coupons, duly completed on the day of purchase by the store's employees, as well as any other documents that directly or indirectly confirm the fact of purchase. But even in the absence of documents, the store is obliged to accept low-quality goods. To return a defective product without a receipt, you need to write a claim statement. In the document, you must indicate the exact name of the trading company, your name, surname, patronymic, place of residence and phone number. In the text of the application, you must indicate the date of purchase, name, brand (model) of the product, its cost. After that, you should indicate under what circumstances and when the defect was detected. Clearly formulate your requirement: return the money for the product or change it to a quality one. If, nevertheless, the purchased item as a whole suits you, you can demand from the store to eliminate the revealed defect; reducing the value of the goods in proportion to the detected defect, as well as reimbursement of expenses incurred by you for self-elimination of defects in the goods. Your request should be correctly reflected in the application. The application for the return of goods contains the exact name of the merchant, full details of the buyer. In the text of the application, you must indicate when, what product and at what price you purchased. Then you need to clearly formulate a claim: the size, color, equipment, etc. did not fit. The application is written in two copies, one of which is handed over to the store representative, and the second, with a receipt of the goods manager or director on receipt of the claim, remains with the applicant. This is enough for the seller to accept the goods you do not need and return the money. If the trading company delays the resolution of the issue or generally refuses to satisfy the claim, you should contact the Consumer Protection Committee, where they will help you draw up and resolve your issue in court. My answer, your feedback. If you understand the answer, click +. If you need legal assistance, please contact me, I will be happy to help. Respectfully yours, Sergei Nikolaevich.

Hello.

Indicate the 10 and 18 articles of the ZoZPP.

Law of the Russian Federation of 02/07/1992 N 2300-1 (as amended on 07/03/2016) "On the protection of consumer rights" Article 18. Consumer rights when defects are found in the product

(see text in previous edition)

(Clause 1 as amended by the Federal Law of 25.10.200

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Acquisition of jewelry is quite a crucial moment in everyone's life. It is customary to treat such an event with all responsibility. As with the purchase of any other goods, the buyer runs the risk of being faced with deception, low quality and losing his money. What to do in this case? Can I return the item back? These and other questions can be answered in the presented article.

Returning Jewelry Pursuant to Consumer Protection Law

The trade relationship between buyer and seller is controlled by the Consumer Protection Act. The corresponding act regulates the issues of returning jewelry to the store. You should immediately note that this category of goods is not subject to the return option. According to the law, it is possible to return jewelry to the store only if:

• The presence of deficiencies;
• Confirmation of the fact of jewelry counterfeiting;
• If, in the presence of precious stones, they began to fall out;
• When the chain, bracelet, earrings broke, broke immediately after the purchase.

So, you can return jewelry to the store only if it is of poor quality or defective.

Return of jewelry within 14 days to the store

It is a mistake to believe that the 14 days return of goods law applies to all purchases. If you become the owner of a low-quality jewelry, then you should know the period of its possible return.

• It is possible to return jewelry of proper quality within 14 days only if an initial imperfection is found;
• Each product has a store-specific warranty period. This period is equal to six months from the date of purchase. During this time, the buyer has the opportunity to return the purchase if a significant defect is found;
• In a situation where the manufacturer has not specified the warranty period, the consumer can return within two years;
• The reason for refusal to return the product during the warranty period may be an unintentional violation of the product.

Is it possible to return the jewelry if I don't like it

It is not possible to return jewelry of proper quality to the store. Unsuitable size, shape, color are not grounds for returning goods. The legislation provides for the return of jewelry only in cases of its factory imperfection.

Can I return without a receipt and without a tag?

Products made of precious metals are considered expensive goods, so there is a risk of being deceived not only by the buyer, but also by the seller. A store consultant is not always an expert and may face an unscrupulous consumer, therefore:

• If it becomes necessary to return jewelry to the store, you need to fill out a written application.
• Supplement the document with a cash register receipt confirming the fact of purchase.
• It is important to keep and provide also the tag that contains information about the product.
• The collected evidence is sent with the product for examination.
• It is impossible to return goods without the appropriate certificates.

Returning jewelry to a pawnshop - rules by law

If you decide to purchase a piece of jewelry from a pawnshop, then you should familiarize yourself with the peculiarities of the work of this structure. The activity of pawnshops is focused on the provision of borrowed funds in exchange for the delivery of personal valuables. The rules for accepting jewelry at a pawnshop are as follows:

• You can hand over a jewel if it does not have state samples, manufacturer's marks;
• The pawnshop accepts decorations of certain number samples;
• An important point is the mandatory control of the product, determination of the sample, weight and other subtleties;
• Any jewelry must be weighed to the nearest gram.

When carrying out such manipulations, the likelihood of acquiring defective products is reduced. But, if you decide to return the purchased product to the pawnshop, then you need to know that, as they are also subject to the provisions of the law on non-return of goods. It is possible to hand over the purchase only if the results of the examination on the counterfeiting of the goods are provided.

Return claim -

If you are faced with a low-quality piece of jewelry and want to return it to the salon, then you must be prepared for the seller's intransigence.
In order to achieve the desired result, it is necessary to resort to drawing up a written claim. It must conform to the following structure:

• Indicate the name of the outlet, personal data of the director of the store;
• Mark your full names and contact information;
• State the reasons for filing a complaint and the store;
• Support your words should be evidence. In this capacity, the conclusion of the examination performed;
• Supplement the statement with a check and a product tag;
• Point out the provisions of the law on the right to hand over low-quality jewelry;
• Outline your requirements.

Acquiring jewelry is always a joyful and pleasant experience. This moment can only be overshadowed by product imperfections. To achieve justice and get back the money spent, it is important to act with confidence and decisiveness. Knowing your rights and the provisions of the Consumer Protection Law will help you with this.