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Jewelry return application. A claim to a jewelry store. Substandard jewelry

Hello, you need to refer to the consumer protection regulations.

In accordance with Article 18 of the Law of the Russian Federation "On Protection of Consumer Rights":

1. The consumer in case of finding defects in the product, if they have not been agreed by the seller , at its choice has the right:
demand replacement for goods of the same brand (of 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 the costs of correcting them 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 defective product.
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.
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 clause 1 of this article to a manufacturer, an authorized organization or an authorized individual entrepreneur, an 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.
4. Abolished.
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 responsible for the defects of the goods for which the warranty period is not 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 due to the consumer's violation of the rules for using, storing or transporting the goods, actions of third parties or force majeure.

Compliance with the pre-trial procedure for resolving the dispute allows you to reduce the time for resolving the issue, to avoid the preparation of documents and court costs. If the counterparty violated your rights or did not fulfill their obligations, you should first of all contact him with a claim.

How to make a claim for the return of jewelry of inadequate quality

According to Article 18 of the Law "On Protection of Consumer Rights", the buyer has the right to demand:

  • replacement of goods for goods of the same or a different brand;
  • a commensurate decrease in the purchase price;
  • elimination of product defects;
  • termination of the sales contract and refund.

A claim to a jewelry store is drawn up in any written form and usually contains the following points: information about the sender and recipient, the grounds for the appeal (date and place of purchase, name of the jewelry, its cost), claims against the counterparty and evidence of their validity. In addition, the document should contain references to the normative legal acts that govern the dispute that has arisen (to the law "On Protection of Consumer Rights", Civil Code of the Russian Federation).

A sample claim for the return of a jewelry item can be sent in person, by mail (by registered mail with a list of attachments) or by courier. Whichever method of sending you choose, be sure to retain written evidence that the claim letter was delivered to the recipient. A copy of the claim, certified by the signature of the addressee, or a postal receipt will do.

If a sample of a claim for the quality of the jewelry remains unanswered or the counterparty has refused to satisfy the requirements, you should apply to the court with a statement of claim. You can also draw up a competent claim using our online service.

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Low-quality jewelry

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 fastener elements 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 a 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 a stamp on your copy, input number and signature, 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 refused, then you can apply with a state duty not subject to. 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 stipulated 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 in the presence of his 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 Law of the Russian Federation "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 Law of the Russian Federation "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 the costs of correcting them 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 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 execute the sale and purchase agreement and demand a refund of the amount paid for such a product or file a demand for its replacement for a product of the same brand (model, article) or for the same product by 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. 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 clause 1 of this article to a manufacturer, an authorized organization or an authorized individual entrepreneur, an 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 responsible for the defects of the goods for which the warranty period is not 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 due to 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 any characteristics. 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 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 of 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. Best regards, Sergey Nikolaevich.


A product is considered a product of inadequate quality if it is damaged, its appearance is damaged, there are problems with the lock or with its other functions. For example, a bad or broken lock on a bracelet, a weak lock on earrings, watches. If there are scratches or other damage, or the stones do not adhere well to the product, then this product is considered to be of poor quality. If the markings and imprints on the product do not match the actual characteristics of the product, then it is also considered to be of inadequate quality.

Rules for the exchange and return of jewelry

etc.). However, sometimes an exchange and return of jewelry is still possible. For example, this is allowed in the case when the purchase initially turned out to be of poor quality. Can jewelry be returned that is defective? Insufficient quality of jewelry can manifest itself in different ways: chains, bracelets, earrings may have broken locks; for rings, pendants and other items with stones - unreliable fastening of the stone in the setting; mechanical defects of the actual metal part may appear (burrs, scuffs, bevels); there are also defects in stones or pearls (cracks, cloudiness, etc.)

Can an inappropriate piece of jewelry be returned to the store?

This means that if these products are of proper quality, then it will not be possible to return them to the store. In the case of, for example, outerwear, a color or style that you don't like will be a sufficient reason to return it to the store. On the other hand, it is impossible to return jewelry products back to where they were purchased. Among the reasons why the Russian government considered it possible to include jewelry in the list of non-refundable goods, two main ones can be distinguished: Jewelry industry goods are, as a rule, original items with a high value.

Industry Jewelery Forum

if there is no tag-label of the jewelry of inadequate quality, the buyer is entitled to refuse to exchange or return. According to the "Rules for the sale of certain types of goods, approved by the RF Government decree of January 19, 1998 No. 55" clauses 64, 69, the seller is not obliged to issue a warranty card, indicate the warranty period in the sales receipt. According to OST 117-3-002-95, the warranty period is 6 months.

Inadequate jewelry

At the request of the seller and at his expense, the consumer must return the defective product. 2. If it was not - paragraph 2 of clause 1 of article 19 of the ZoZPP: In relation to goods for which warranty or expiration dates have not been established, the consumer has the right to present these requirements if the defects of the goods are discovered within a reasonable time, but within two years from the date of their transfer to the consumer, unless longer periods are established by law or contract. In this case: clause 6 of article 18 of the ZOZPP: The seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer is responsible for the defects of the goods for which the warranty period is not established, if the consumer proves that they arose before the transfer of the goods to the consumer or for reasons that has arisen up to this point. Thus, if the HS is installed on the product, present the seller with one of the requirements of your choice under clause 1 of Article 18 of the ZoZPP.

How to return a piece of inadequate jewelry

Nizhnevartovsk Lawyers' answers (16) Good afternoon. In your case, the law says that the absence of a check is not a reason to reject the consumer's requirements. Article 18. Consumer rights upon detection of defects in the product5. The consumer's absence of a cash or sales receipt or other document certifying the fact and conditions of the purchase of the goods is not a reason for refusing to satisfy his requirements. if necessary, check the quality of the goods.

Return or exchange of jewelry

It is they who should be guided when returning or exchanging jewelry. According to Art. 18 of the Law on the Protection of Consumer Rights, if you find defects in a product during the warranty period, you have the right to: demand replacement of the product for a product of the same brand; demand the replacement of the goods for the same goods of a different brand 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 the costs of correcting them by the consumer or a third party; return the goods to the seller and demand a refund of the amount paid for the goods.

Returning jewelry often raises a lot of questions from buyers to our Consumer Advocate. Disputed cases are resolved legally.

Customers often wonder if jewelry is eligible for a return. The norms of the law focus on the warranty period inherent in all durable goods. If a client finds a defect, then he can really contact the store. It is the buyer who chooses to replace, repair or refund the amount paid. It should be remembered that the return of gold jewelry with traces of damage caused by non-observance of operating rules is impossible. In some cases, the buyer wants to abandon the purchase for other reasons. It will be impossible to do this, because jewelry of proper quality will not be returned. Our consumer protection lawyer will become your advisor: professionally, profitably and on time will resolve the disputed situation with the store.

Can a piece of jewelry be exchanged if the size does not fit?

When we buy jewelry, many of us wonder what to do if the size of the ring, bracelet or chain does not fit. Most often, people try to exchange the purchased goods, but sellers reasonably refuse them.

Since, despite the possibility of exchange by the buyer of non-food products of good quality within fourteen days, there is a list of goods that cannot be returned or exchanged in any case. Such a list has been established by government agencies, unfortunately for buyers, fortunately for sellers, jewelry cannot be exchanged or returned, provided that it is of proper quality.

Sellers of jewelry, if a buyer's claim was sent to your address, you must answer it, read how to write on the link below.

USEFUL: Watch a video on the subject of returning an item to the store and write your questions in the comments of the video on the YouTube channel for advice from a consumer advocate

How do I return a piece of jewelry to the store?

In order to properly carry out the procedure for the return of jewelry of inadequate quality, you must:

  1. Write a claim for the return with the obligatory indication of the reasons for the return
  2. To express consent to an expert examination of a precious product by the seller or to provide the results of such an examination for the seller performed by a third party - an independent expert
  3. After the expiry of the examination period and confirmation of the fact of inadequate quality, the buyer will have the right to demand a reduction in the price of the product or to eliminate the defects of the product free of charge, as well as to refuse the purchase and return the money.

Jewelry return period

As we have already found out earlier, jewelry cannot be exchanged just like that, for this you need good reasons. At the same time, one should not confuse the exchange of jewelry and the replacement of such items of inadequate quality. Next, we will talk about the return of goods of inadequate quality. Inadequate quality of jewelry means:

  • improper fastening of knots, locks, hinges
  • the presence of factory cracks, chips, scratches and other manufacturing deficiencies
  • absence or inconsistency of the state assay mark

Therefore, if your case is one of the above, then the replacement of the presented product must be carried out within seven days, and if an additional check of the product is necessary, this period is increased to twenty days. In the absence of a similar product, the buyer will have exactly one month to replace it, but if after this period the buyer's demand is not met, then he will have the right to submit. Read how to do this correctly below the link.

Sample Jewelry Return Claim

A prerequisite for the return of the jewelry, as mentioned above, is to write a corresponding claim to the seller. Below you will see what you should pay attention to the most when drawing up such a document:

  1. First of all, one should point out the shortcomings of the product, indicating its poor quality;
  2. In the requesting part, it is necessary to clearly formulate the requirements;
  3. It is advisable to submit a claim to the address indicated in public registers;

For example:

LLC Jewelry store "Golden Ring"

From Ivanov Ivan Ivanovich

Claim for the return of a gold ring of inadequate quality

On January 15, 2018, I bought a gift for my wife in your jewelry store - a gold ring with a diamond, while wearing it, the color of gold began to change. After contacting an independent expert and receiving advice from him regarding the quality of the ring, I received an answer about the shortcomings of the materials used in the production of the jewelry.

I beg:

  • in connection with a marriage of jewelry, I ask you to return the money paid in cash in the amount of 50,000 rubles to me (a check dated 01/15/2018 is attached)
  • answer me within 10 days by phone specified in this claim.

Application: a receipt for a gold ring

Date, signature

Observing these rules, you can always protect yourself from fraudulent actions of the buyer in any situation. Read about what are on the link.

Attention: watch a video on the topic - how to protect your consumer rights, and also subscribe to our YouTube channel so as not to miss useful information and the possibility of free legal advice:

Mandatory study of accompanying documents

Direct protection of consumer rights in the sale of jewelry begins with providing the buyer with information about each piece of jewelry: registration and accounting papers, price list. Inspection of a potential purchase object is carried out as follows:

  • an imprint of the assay mark;
  • domestic products have a name set by the manufacturer;
  • foreign products have the RGP mark.

Before purchasing jewelry, you must study the information on the label. Product name, manufacturer data, article and weight, size and type of metal, listing of available precious inserts. It is highly recommended to make sure that the jewelry is branded in the Russian Assay Office, otherwise the exchange and return of jewelry to a store of inadequate quality will not be possible. The legally affixed stamp contains the following information:

  • Assay inspection number;
  • certification mark;
  • numbers reflecting the sample of the product.

A check is used as a confirmation of the transaction, which indicates the cost and parameters of the product. Slightly below it contains the details of the stores.

The legislation allows the seller to refuse such a request, therefore, at the stage of selection, it is necessary to carefully weigh the pros and cons. If you are also interested, you can read about it at the link.

Consumers often do not know about the need to know everything about their rights and obligations. Not always clean on hand sellers take advantage of this ignorance, violating the law, which strongly protects the rights of any consumer. It is better to make the choice in favor of legally operating stores that have a license and certificates of conformity for all products. You need to familiarize yourself with those before the conclusion of the purchase and sale transaction.

Our consumer protection lawyer will help you resolve a dispute with a jewelry store on favorable terms and compensation for legal fees.