Is it possible to return the goods if. How to return an item of proper quality that you don't like to the store? Is it allowed to return the purchase to the store if the seller insists on an exchange

What if the purchase turned out to be of poor quality or did not suit you for some other reason? Of course, it is possible to return the goods to the seller. But we all know that it is not so easy and stores often find many reasons not to accept the purchase back or to drag out the proceedings for as long as possible so that you yourself refuse to return.

Almost every day we make a variety of purchases. Food, clothing, hygiene products, household appliances, luxury goods - with an increase in the quality of life, human needs are growing.

- How to return the goods to the store?
- We return defective goods.
- Is it possible to return the goods good quality?
- The order of return to the seller (documents, terms of return).
Can I return an item to a store without a receipt?
- Video.

How to return an item to the store?

Relations between sellers and buyers, between service providers and consumers are regulated by the Consumer Protection Law of February 7, 1992 (hereinafter referred to as the Law). According to the Law, it is possible to return the purchase to the store in two cases:

1. If the product is defective.
2. If the product does not suit you due to some characteristics.

We return defective goods

If the buyer purchased a low-quality product, in accordance with paragraph 1 of Art. 18 of the Law, he has the right to choose any of the following actions:

Require replacement purchase:

For a product of the same brand or model without any surcharge, even if the price of the product has changed since then;

On a product of another brand or model with a corresponding surcharge or return Money.

Keep the item:

Requiring the seller to reduce the price;

Demanding the elimination of defects at the expense of the seller;

Make repairs at your own expense and demand from the seller its cost.

Return the item to the seller and request a refund.

Moreover, the buyer has the right to independently choose any of the options proposed by the Law, regardless of the desire of the seller. But in any case, if the seller has doubts that the product is really not good quality, he has the right to conduct a quality examination.

The examination is carried out at the expense of the seller, but if it is proved that the goods have become of poor quality due to improper handling or malicious actions of the buyer, the latter will be obliged to reimburse its cost.

During the examination or repair, the seller is obliged to provide the buyer with a similar product free of charge for its intended use. This requirement does not apply to the following types of technically complex goods:

1. Automobiles and other equipment, except for equipment intended for the disabled, as well as any watercraft;
2. Furniture;
3. Electrical household appliances used for medical purposes or as personal items;
4. Electrical appliances used for food processing and preparation;
5. Civil weapons and their parts.

Can I return a product of good quality?

Of course! After all, you can return back not only goods of poor quality, but also those things that do not suit the buyer for any reason, the law tells us about this.

In this case, several conditions must be met:

1. Only non-food items can be returned. High-quality food products cannot be exchanged or returned.
2. You can return a product that does not fit in size, style, shape, color, size or configuration, as well as if you purchased the item for a specific purpose, but it is not intended for this (for example, if the seller did not correctly explain to you specifications purchases);
3. You can only return goods that have not been used. It must be of proper appearance and quality, all labels and seals must be preserved on it.

When returning goods of good quality, the buyer can do the following:

1. Exchange the product for a similar one;
2. In the absence of goods, conclude an agreement with the seller on a replacement at the time of a new arrival;
3. If the exchange is not possible, cancel the purchase and sale transaction, demanding a refund.

In the case of a return of a quality product, the priority of the seller, not the buyer, will apply. First of all (if possible), it is desirable to exchange the purchase. And only if such a decision is impossible, you can return the goods.

In addition, on January 19, 1998, the “List of non-food items of proper quality, not subject to return or exchange for a similar product of a different size, shape, dimension, style, color or configuration” (hereinafter referred to as the List). According to this document, the following products are not subject to return and exchange:

• medical products and medicines;
• Personal hygiene items;
• Perfumes and cosmetics;
• Goods sold by footage;
• Underwear and hosiery;
• Crockery and packaging materials for food;
• Household chemicals, agrochemicals and pesticides;
• Furniture;
• Articles made of precious metals or with precious stones;
• Automobiles and motorbike goods, watercraft;
• Technically complex household goods with warranty periods established for them;
• Civil weapons and their parts;
• Animals and plants;
• Printed publications non-periodic.

Products from this list can be exchanged or returned only if significant deficiencies are found.

Featured video #2: a story with lawyer M.E. Timokhin on the Leningrad Internet TV channel, where the lawyer answers questions in detail and in an interesting way: how to return the goods, how the buyer should behave, etc.

The procedure for returning to the seller (documents, terms of return)

To return your purchase to the seller, you will need the following documents:

1. A receipt or other document confirming the fact of purchase at this outlet;
2. In the absence of a document - other evidence, including witness testimony;
3. Application in simple written form;
4. A document proving your identity.

The buyer of defective goods at his choice may raise a claim both to the store where the purchase was made and directly to the manufacturer.

The buyer has the right to make claims for the quality of the goods during the entire warranty period or expiration date. If such terms are not established, then the goods can be returned within a reasonable time, which are established by the Law (within 2 years from the date of purchase).

It is possible to present a product of good quality for a return only within 14 days from the date of purchase, not counting the first day. This period may be extended only in judicial order if it can be proven that the buyer did not actually have the opportunity to apply (for example, if he was in a hospital).

If you have filed a claim for replacement, repair of defective goods or a refund of the amount paid for it, your claims must be fulfilled within 10 working days. This period may be extended by agreement of the parties or in case of appointment of an expert examination. If the requirements are not met within the time limits established by law, the buyer has the right to recover a penalty in the amount of 1% of the price of the product.

Can I return an item to a store without a receipt?

As it turns out you can! Despite the well-known requirement of sellers that when returning goods, a receipt or other document for the purchase must be attached to it (to confirm the fact of sale in this outlet), the presence of a check is not a prerequisite for a return. This is directly enshrined in paragraph 5 of Art. 187 of the Law. In addition, in paragraph 1 of Art. 25 of the Law also states that the absence of a document is not a basis for refusing to return. The buyer only needs to provide other evidence that the purchase was made at this point of sale (for example, testimonies).

In any case, before spending your money, carefully examine your future purchase for a marriage (at least external), decide on its size and color so as not to get into an unpleasant situation when you have to spend your time and nerves on resolving the issue of exchange or return.

Tell me, did you have problems with sellers on this basis? How did you do?

Our purchases are not always successful. And it's not just about quality. It happens that the purchased item has no flaws, but does not fit into the interior or does not fit in size.

Read this article to learn how to return an item to a store and what rights you have.

The 25th article of the law regulating the relationship between the seller and the buyer (FZ No. 2300-1) states: the consumer has the right to demand from the seller an exchange of goods if he is not satisfied with the consumer qualities, equipment, style, shape, dimensions or colors of the purchased item.

Therefore, any product can be returned to the store (or other outlet) where it was purchased. If the seller cannot find a similar product that meets the requirements of the consumer, he is obliged to return the money received by him as payment within three days.

An exception is made for goods that are included in the list not subject to exchange and return. According to government decree number 55 (the last changes were made in 2015), these include:

You can return any product to the store, except for those that are included in the list of non-returnable goods

• foodstuffs;
• furniture;
• perfumery and hygiene products;
• medicines;
• household chemicals;
• silk, woolen, linen and cotton products;
• animals and plants;
• jewelry;
• printed publications;
• weapon.

The above products cannot be exchanged or returned, but this does not relieve the seller of responsibility for the sale of damaged or defective products.

In this case, the consumer must definitely apply to the court with a demand to compensate not only for material losses, harm to health (if any), but also for moral damage.

It is better to try to negotiate with the seller (manufacturer) beforehand - substantial fines are threatened for such violations, so it is more profitable to solve the problem privately.

Return and exchange

In order to avoid difficulties when returning the goods, you must:

• keep the original packaging, labels, presentation, passport and warranty card (if any);
• the presence of a payment document (cash or sales receipt, etc.).

If the check is lost, the fact of sale will have to be established in court.

Conventionally, all purchased items can be divided into two types: proper (satisfactory) quality and inadequate (unsatisfactory) quality.

Good quality goods can be returned to the store within two weeks from the date of purchase.

In the first case, the goods can be returned to the seller within 15 calendar days after purchase. The exchange must be made freely on the basis of a verbal application of the buyer, the delivery of the goods is made at his expense and the seller is not compensated.

If the goods were purchased remotely through the online store, the buyer has the right to refuse the purchase at any time until delivery has been made. After the goods are received, the return can be made within the next seven days. If the seller did not familiarize the buyer with this rule, then the return period is extended to three months.

Selling a product that has defects (of inadequate quality) is a serious violation of the rules of trade. The law that protects the rights of consumers gives the right to demand from the manufacturer or seller:

• exchange of a product for a similar one, that is, the same brand, model and article;
• reducing the price and returning a certain part of the funds that were paid for the goods;
• exchange of a product for a similar one, but produced by another company (with the corresponding recalculation);
• free and immediate repair or payment for services to eliminate deficiencies;
• return of money transferred to the seller as payment;
• compensation for moral damages and losses.

In this case, the delivery of bulky goods back to the store (to the warehouse) is made at the expense of the seller (manufacturer). The period in which you can return the goods is equal to the period of validity of the warranty specified in the warranty card or other documents. This rule does not apply to technically complex products, which include:

You can return defective goods within the warranty period.

• vehicles of any kind (except those that are not equipped with an engine - bicycles, scooters, etc.);
• means of navigation and wireless communication;
• digital cameras;
• TVs, monitors, computers;
• complex technical devices and household appliances (refrigerators, coffee machines, washing machines, etc.).

Such goods can only be returned if no more than 15 days have passed since the purchase. After this period, the following circumstances may serve as grounds for a return:

• discovery of a serious design flaw;
• non-fulfillment by the seller of obligations to eliminate deficiencies within the agreed time;
• if the device needs to be constantly repaired due to the fault of the manufacturer and at least 30 days a year (during the warranty period) it cannot be used for its intended purpose.

Naturally, in all these cases, documentary evidence is needed.

The seller (manufacturer) may insist on an examination if the buyer's claims seem unfounded to him. The results of the examination are a weighty argument, but the buyer, in turn, can challenge them with the help of independent experts.

If the seller (manufacturer) for some reason does not want to terminate the sales contract or exchange low-quality goods, the only sure way to make them change their mind is to file an application with the courts and demand compliance with the requirements in court.

Return of goods is the legal right of the buyer. Despite this, many sellers are looking for any excuse to prevent its implementation. Therefore, you should carefully consider the choice of the product that you want to purchase: check the expiration date, the presence of a certificate, the appearance and functionality of the product. But if there is a need to return the purchased item - act confidently, the law is on your side.

Step 1. We study the list of goods not subject to return

Not everything will be accepted back, so please check the list of non-returnable items first. It includes:

• medicines;
• cosmetics and hygiene products;
• underwear and hosiery;
• household chemicals;
• jewelry;
• complex household appliances (TV, refrigerator, computer);
• textiles and knitwear;
• houseplants;
• periodicals (newspapers and magazines).

Step 2. Back to the store

You have 14 days to return an undamaged item. During this period, go to where you bought the wrong item. Even if it is a network company, you can return or exchange goods only at the place of purchase. contact service centres, other chain stores or to the manufacturer is useless.

To return or exchange a quality product:

• Take your receipt and packaging with you, or branded package in which the seller put the thing. Take your passport just in case. The law does not require this, but in practice, sellers and the administration are asked to show documents.
• Check if the factory labels and seals are in place (without them, the seller has the right not to accept the goods). Please note that we are talking about factory labels. If you tore off a store label, tag or sticker, it's okay. The goods will be re-labeled by the employee of the trading floor.
• It is important that the thing retains its presentation. Used goods will not be accepted in the store. Therefore, it is impossible to go further than the fitting. And no laundry.

Step 3. Talk to the seller

Tell the seller that the product did not fit in size, color or style and you want to exchange it or return the money. If the store has exactly the same thing, but in the right color or size, the exchange will take place without problems. Usually for the exchange they are not asked to sign or fill out anything. They gave the thing and the check, got a new one. But for a refund, you need to fill out an application.

If you have a receipt, and the seller is familiar with the Consumer Protection Act, then three steps enough. But what if the check is lost or the seller does not want to accept the goods?

I did a little poll among my friends. The question was: "Will you try to return the goods if you lost the receipt?" 9 out of 11 people answered that they would not return to the store for money, because “you can’t prove anything to anyone.” Sellers take advantage of buyers' delusions. "No check - we can't help." This is not true.

Article 25 of the Consumer Rights Protection Law says Law on Consumer Protection". that the absence of a check will not prevent the return or exchange of goods. You just need to prove the fact of purchase in another way.

How to prove the fact of purchase without a receipt

The proof will be packaging, branded package, transaction through, payment bank card- any mark that can confirm that the product was bought in this store. You can also bring a witness with you. It can be a store employee who worked at the checkout that day or in trading floor(and remembered you).

If you bought a product a couple of days ago, the seller can look at the cash transactions on the day of purchase and find the check number, and then write out the commodity. And already on the sales receipt to exchange or return. To do this, you will need to write a statement about the loss of the check addressed to the store manager. This application contains passport details, so you must have your passport with you.

How to return an item purchased on sale

Another common misconception that discounted items cannot be returned. Yes, you certainly may. Return and exchange is not subject only to goods discounted due to marriage, if you were warned about this marriage.

If the item was unmarried, but with a sale icon, you have the right to exchange or return it.

What to do if the seller refuses to return the money

If the seller does not want to return the money or make an exchange, demand to call the administrator or store director. If it doesn’t help, write a claim addressed to the seller or director. Be careful: the seller must sign the claim with you, thereby confirming its receipt.

Summary

• You can return an undamaged product within 14 days if it is not on the list of non-refundable products.
• Lost the check - no big deal. Prove the purchase in another way or call a witness.
• Returning an item from a sale is just as easy as returning a regular item.
• If the seller does not want to return the money or exchange the goods, then write a claim.

Sellers and the administration often rely on the legal illiteracy of buyers, trying to convince them to give up their claims and leave with nothing. Feel free to refer to the first paragraph of Article 25 of the Law "On Protection of Consumer Rights". Let the staff understand that you know your rights. Usually this removes any objections, and your issue is resolved in a few minutes.

• The returned goods are not included in the list of goods of good quality, the return of which is impossible due to unsuitable style, color, shape, size, dimensions or configuration (see the list of non-returnable goods in the next section);

What can a buyer expect? Return of defective goods: what to do if the goods are of inadequate quality? In the process of returning goods of good quality, the buyer, on the basis of the Consumer Rights Protection Law, may require:

• Exchange a product you don't like for the same product, but of a suitable style, color, size, shape, dimensions or configuration;
• Exchange the returned product for a similar product of another manufacturer/brand/value;

If the price of the goods chosen for exchange differs from the cost of the returned goods, the seller is obliged to recalculate the purchase price.

The procedure for returning goods of good quality to the store

Probably, everyone in their life had such a case when you purchased a product in a store, and the next day you realized that it absolutely did not suit you. What can be done in such a situation and how to return the product that you did not like? Buyer's right Absolutely any consumer who has purchased a non-food product that meets quality standards has the right to a similar exchange.
The reason for the exchange may be the fact that the product does not fit the client in size, color scheme, style, configuration or does not match the size. At the same time, a prerequisite is the non-use of the goods that the buyer wants to exchange, the preservation of its presentation, labels.
It is also necessary to present cash receipt or another document that confirms the sale of the goods in this particular distribution network facility.

Return of a product you don't like

• Conditions for the return of goods of good quality according to the Law
• What can a buyer expect?
• The procedure for returning goods of good quality
• Return of good quality goods purchased online
• List of non-refundable items

Conditions for returning goods of good quality under the Law According to the Law on the Protection of Consumer Rights, in order to return goods of good quality back to the store, the following return conditions must be met:

• No more than fourteen days have passed since the purchase;

In this case, the countdown of the fourteen-day period does not begin from the day of purchase, but only from the next.

How do I return an item I don't like and get my money back?

Terms and conditions How do I return clothes to the store? The main aspects for returning purchased clothes to the store are:

• marriage detection;
• inadequate quality;
• inappropriate style, size or color.

The buyer has the right to exchange or return unsuitable clothes within a certain time period established by law. The presence of a document confirming the purchase does not really matter.

Attention

The absence of a check does not give the seller the right to refuse to satisfy the legitimate demands of the buyer. Wardrobe items that cannot be returned or exchanged:

• Underwear;
• stockings, tights and socks.

Any other clothing is subject to exchange and return.

back to contents Rules for the return of defective items An essential reason for returning a purchase is the presence of a marriage on the clothes.

“subsidies mortgage agency yugra payments 2012”

If you want to know how to solve your particular problem, please contact the online consultant form on the right or call the free consultation phone numbers: To solve such a problem, a person who finds himself in the role of a buyer must know and be able to defend the rights established by law to protect their own interests. We will talk about the procedure for returning clothes to the store according to the law in the article.

Info

Can I return a bedding set to the store? Find out the answer right now. back to content Can I donate a piece of clothing? Questions about the return of defective or low-quality clothing arise quite rarely. Everything is clear here - the seller must reimburse the buyer for the amount of money spent on the purchase of a defective wardrobe item.

But it happens that the purchase did not fit the person in size or simply stopped liking it. There is a solution to this problem in the legislation.

Can I legally return clothes to a store?

It is possible that in order to satisfy the requirements, you will have to write an appropriate application or claim. The purchaser's requirements for the exchange of clothes are satisfied immediately, on the day of the request, if any.

Important

In the event that a similar or suitable model is not available for sale, the buyer has a legitimate opportunity to demand a refund of the money spent on its purchase. According to the current legislation, the seller is obliged to fulfill the requirement for the return of funds for the purchase within 3 calendar days from the date of filing the claim.

Can furniture be returned to the store under consumer protection law? Learn about it from our article. Back to Contents Features of Cancellation of an Online Purchase Clothing purchased online can also be returned. The legislator has established simplified conditions for the return of such a purchase.

Can I return an item to the store if I don't like it?

We all once faced a situation when, having bought a thing, after a while we were disappointed in it. appearance or size. In this case, within 14 days we have the opportunity to return the goods to the store and get back its full cost.

Instructions: 1. When returning or exchanging goods of good quality, you must be guided by the law of the Russian Federation "On the protection of consumer rights." This Law must be presented to the buyer at his first request, as well as the Rules of Trade and the Book of Complaints and Suggestions.

You can return or exchange goods of good quality within 14 days, not counting the day of purchase, if the goods did not suit you in size, color, style, dimensions or configuration. 3. The product can be returned/exchanged if the item was not in use, retained its consumer properties and has a presentation.

Return of goods within 14 days according to all the rules of the law

If you paid with a credit card, be sure to take it with you! In the case of a non-cash transaction, money is transferred only to the card. It will be connected to the terminal and returned. The money will be returned within 14 days.
There is no need to wait for cash, they will be issued immediately. 6 Tracksuit and many other things can be returned to the seller for one reason - "not happy." However, the law establishes a group of goods that are not subject to return and exchange or are subject only after an examination and confirmation of the presence of a marriage (the latter is more related to technology). These include underwear, computers and cosmetics. It is possible to return a product that did not suit you or just did not like it, but it is rather problematic.
Sellers are very reluctant to replace the goods or return the money. Use the Consumer Protection Act to protect your rights.

It regulates the work of the seller and the rights of the buyer to return, replace and warranty repair of goods. You will need

• - the passport;
• - check for goods;
• - Application for replacement or return of goods;
• - claim in two copies.

Instruction 1 There is a list of goods for which the buyer's requirement for their return or replacement does not apply.

You will not be able to exchange or return, in the absence of defects, cars, books, personal care products, cosmetics and household chemicals, medicines, complex household appliances and electronics. The full list is specified in the Government Decree Russian Federation January 19, 1998

No. 55. These categories of goods are subject to replacement only if defects are found during the warranty repair period or within 15 days after purchase.
In the event that the seller did not find the same type of goods on the day of contact, the law "On the Protection of Consumer Rights" (2, paragraph 25 of Article) suggests two ways to solve this problem:

• issue a demand for a refund of the money that was paid for the purchase, which must be satisfied by the seller within a three-day period;
• continue to insist on the exchange. In this case, the seller is obliged to notify the buyer of the sale of a similar product and invite him for an exchange.

What items are non-returnable? According to the text of the Decree of the Government of the Russian Federation, dated 01/19/1998, there is a certain list of non-food goods, the return and exchange of which is impossible even if they are of proper quality.

Remember that if, when choosing a product, a consultant in a store misinformed you or provided false information about the product, then this is a good reason to satisfy all claims made by the buyer about the replacement or return of the product. If such a situation took place, then be sure to indicate this fact in a written claim.

However, in a disputable situation, it is very difficult to prove the fact of providing false advice. Do not indicate as a reason such circumstances as did not like or do not fit, and also do not refer to the presence of marriage or defects in goods of good quality. In the latter case, an examination will be appointed, which, believe me, will make a decision not in your favor. Domestic retail outlets All retail outlets located and operating on the territory of the Russian Federation are subject to the Federal Law “On Protection of Consumer Rights” without any exceptions.

If you follow the letter of the law and do not take into account reservations - yes, you can’t. In practice, however, things are not so clear-cut.

Why not?

Because often they want to get rid of the product, although it is not bad in any way and there is no fault of either the seller or the manufacturer. You just changed your mind, you don’t like the purchase, you don’t need anything anymore and you want to return the money.

It is here that a formal legislative barrier awaits you. The return of a quality product due to “lost desire” is not provided for in the law at all. Only exchange. The seller is obliged to take the old goods from you and issue a certain “similar” one - but he does not have to return the money to you (clause 1, article 502 of the Civil Code of the Russian Federation; clause 1, article 25 of the RFZPP).

But after all, people return something, and I myself have already done this?

Because the law does not require that you agree to take this similar product. It just doesn't suit you either. What is "similar" is not defined in the law. You have the right
for an exchange if the already purchased product did not fit in “shape, dimensions, style, color, size or configuration” - and these criteria allow you to sort out and reject the entire assortment of the store.

All this leads to a tragicomic situation - you just need to say about any product:
“No, not that,” and the seller, even realizing that you are cunning and just changed your mind, will not be able to exchange the goods in any way. And in this case, he must issue a refund on the day of your appeal (clause 2, article 25 of the RFP) - this is the same reservation with which we started the topic. Suggestions to "come in tomorrow" are illegal.

What is worth considering?

• Take a friend with you - he will testify that you tried to make an exchange on time, if nothing was found to replace you, and they refuse to accept the goods back.
• At the same time, it is quite normal (although it happens rarely) if the seller does not give the money right away - he has 3 calendar days (paragraph 2 of article 25 of the RFP). The main thing is that you have in your hands a document confirming that you returned the goods, with the date, stamp and signature of the employee.
• Most often, stores immediately return the money, without insisting on an exchange - in this situation, they have practically no arguments.

Something can't be returned.

1. 14 calendar days have passed (not counting the day of purchase).
2. This is food / alcohol (only non-food items can be returned).
3. The item is on the non-refundable list. There are two such lists, they partially repeat each other:

   — List of non-food items not subject to return and exchange (Resolution No. 55)

   — List of technically complex goods (Resolution No. 924).

4. The product has lost its presentation (you have noticeably used it, and also cut off the “seals and factory labels”).

What are fillings? Does packaging count?

Yes, the 4th point creates the most problems. The law requires that the product "was not in use" and retained "the presentation, consumer properties, seals, factory labels." What is a presentation, the law does not specify, seals are not so common, which of the stickers / labels on a product should be considered a factory label and how to evaluate consumer properties is also clearly unclear. As a result, the opinions of lawyers, and arbitrage practice diverges, and the parties need to rely on common sense (if it is not enough, there is only one solution: contact the owners outlet, Further - to Rospotrebnadzor or to court).

But some important nuances can be noted.

• Worn, damaged are unacceptable.
• If the properties of the goods cannot be checked in any way without opening the package, and the seller did not show you a sample, opening the package is not considered damage to the presentation, you can return the purchase.
• If the packaging can be carefully removed, then it should be kept. Otherwise, another argument comes into play - will the people who come after you want to buy this product (for example, shoes without a box)? If not, then perhaps the court will consider that you did damage the presentation.

Often disputes arise over various electronics (mobile phones, tablets), but you need to remember the main thing: they cannot be returned in a quality form either with or without packaging - they are on the “no return” list as technically complex goods.

Summary

• If the law is read unambiguously (the term has expired or the product is included in any list), the purchase cannot be returned.
• The two main challenges you will face are:

  - you need composure to refuse all the offers of the seller, especially if he is diligently looking for a replacement

  - it is not always clear whether you have retained the presentation of the purchase or not, and on whose side the truth is