Buying things is a matter of mood, especially when the acquisition was not planned. And when a thing that seemed the same in the light of the spotlights of the store, but at home, upon closer examination, made a completely different impression, the unlucky buyer is only interested in one question - “Is it possible to return the product if I just didn’t like it?”
In this article, we will answer the following questions: how is the procedure for returning / exchanging goods regulated at the legislative level? On what grounds and in what terms can it be done? What documents do you need to provide? What statement to make?
Legislative settlement
The procedure for the exchange / return of goods is regulated by the rules. According to it, the goods purchased by the buyer can be returned to the store, but upon satisfaction of certain return conditions:
- If the matter concerns the return of a quality product, which the buyer simply did not like, then it can be carried out within the first fourteen days from the date of purchase (the report starts from the day after the purchase) and provided that it does not suit him in shape, color, style, dimensions, dimensions or configuration;
It is legally impossible to return a quality product for other reasons.
Information
This rule does not apply when returning goods. good quality, which are included in a separate list of goods not subject to return.
- If the buyer wants to return the product, which turned out to be of poor quality (Article 18-19 of the Law “On the Protection of Consumer Rights”), then the return is carried out at any time, within the warranty period (if any), or within the legally established framework provided for return of defective items, which are two years from the date of purchase. In addition, when returning a defective product, the buyer may be guided by the deadline set by its manufacturer or its manufacturer.
Consider the procedure for returning each type of goods separately.
If the product is of good quality
When returning goods of good quality within the time period established for this, the buyer may demand that one of the following conditions be met:
- but suiting him in form, style, color, size, dimensions or configuration;
- replacement of a product that you did not like with a similar product of another company, with the possibility of recalculating the purchase price;
- a refund, provided that at the time of the buyer's request, there is no suitable analogue of the product in the store, and he is not ready to wait until the appropriate one appears in stock. In this case, the full cost of the goods is refunded.
In order for the return of a quality item to be successful, you must:
- make sure the goods kept acceptable appearance and has no traces of operation;
- confirming the date and place of its acquisition;
- make sure the item is not on the non-refundable list.
If the check is lost, the consumer can replace it with a witness statement (take with him the person who was with him at the time of the purchase) or find another document that acted as an analogue of the check (receipt, value tag, etc.).
- take your passport with you.
When you go to the store, you should:
- Announce to the seller about the intention to return or replace the goods;
- Provide the product itself, as well as a check and a guarantee (if any);
- Fill out an application for the return of goods in the amount of two copies, using your passport.
The application form will be provided by the seller himself.
Information
After the application is made, and the seller is convinced that the goods have not been used and have not retained their presentation, the buyer will be provided with several alternatives. Having chosen the desired one, the buyer will exchange goods or return his money in exchange for the return of the goods themselves.
The refund period for the goods can be from 3 to 10 days.
If the product is defective
Discovering manufacturing defect or some defect in the purchased product the buyer may require:
- for a quality analogue;
- exchange low-quality goods for goods of a different brand and value (with recalculation);
- eliminate the defect by handing it over to the store service;
- reduce the cost of goods due to identified defects;
- return full cost goods in exchange for the return of the goods themselves.
When returning an incorrect product, the buyer will need:
- the goods itself. Traces of use or slight loss of presentation are acceptable;
- a check confirming the date and place of its purchase;
- passport to fill out a claim for a refund;
- warranty card (if any).
When contacting the store, you should:
- provide the product and explain why it is defective;
- fill out the claim form for the return of goods of inadequate quality in two copies.
If the cause of the marriage is not clear at first glance, the seller will offer to send the goods for examination, which will establish the root cause. If the check reveals a manufacturing defect, the buyer's requirements specified in the claim will be fully satisfied. However, if the results of the inspection show that the goods were damaged due to improper use, it is highly likely that the requirements of the application will be denied.
Information
The term for consideration of the application and satisfaction of the requirements of the buyer in this case may be up to thirty days.
Despite the fact that the law protecting consumers from unscrupulous sellers was passed more than twenty years ago, not all citizens know that can return to the store products that did not fit them, have defects, or simply did not like it. This law exists and works.
To be fair, it must be said that this the document protects not only consumers, but also sellers from unscrupulous buyers.
Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
If you want to know how to solve exactly your problem - contact the online consultant form on the right or call free consultation:
No claims will be accepted after this deadline. If, within the period specified by law, the buyer requires a replacement for a similar product that is not on sale, then the seller must give him the amount paid for the returned goods.
The seller can accept the goods on the basis of the buyer's verbal request. But legislators advise to come to outlet with a written statement drawn up in 2 copies. One document will remain with the entrepreneur (seller), the other, after a note is made on it about the delivery of a copy, will remain with the buyer.
If the seller does not want to accept the application, then you should not insist on your own. The application must be sent by registered mail to the legal address of the entrepreneur or organization.
The law obliges the entrepreneur (seller) to replace a low-quality product with a similar high-quality one, or to return the money to the client within a week, and in the case when a quality check by the manufacturer (importer) is required - up to twenty days.
If the products can only be replaced after 7 days or more, the selling party must offer the customer a similar quality thing for temporary use.
Items that are in close contact with the human body will not be accepted for return., are consumables and medical supplies.
This also includes mechanisms, machines, electronic equipment.
The list of such goods, in particular, includes:
- medicines and other pharmaceutical products;
- items intended for child care;
- tools and personal hygiene items;
- glasses lenses;
- hygiene and sanitation items.
Also plants, fish, animals, textiles and haberdashery products sold exclusively by the meter(for example, linoleum, carpets and carpets, polyethylene film, cables, cords, fabrics, braid, ribbons, lace, wires, cellular polycarbonate and the like).
Worth knowing that books and other publications that are non-periodical cannot be exchanged. Only hand it over to the second-hand bookstore.
Not subject to exchange and such goods as:
- furniture; perfumery and
- underwear, stockings, tights, socks, other similar knitwear and garments;
- household swimming aids(boats, yachts, boats, kayaks);
- complex technology used in everyday life ( cameras, movie cameras, gas devices, electrical appliances, printers, electric musical instruments, radio electronics, household woodworking and metal cutting machines, toys with electronic content;
- fax machines, and telephone sets.
A complete list of goods not subject to exchange and return Approved by Government Decree Russian Federation January 19, 1998 No. 55. .
In practice, the question often arises, on the other? According to the explanatory letter of Rospotrebnadzor (2011), mobile phones are subject to replacement and return.
But this does not apply to smartphones.. They appeared quite recently and by their design are much more complex devices that allow you to use the Internet.
When is the law on the seller's side?
The seller may not accept the goods for replacement with another(of the same type), if the item was damaged or broken after purchase, if there are no price tags and trademarks on it and the packaging boxes are damaged, as well as provided by legislators for the return procedure.
Also, the goods may not be accepted (not exchanged) in the absence of a sales or cash receipt, if it was issued during the sale.
IMPORTANT! The buyer's lack of a sales receipt, cash receipt or other document confirming payment does not deprive him of the opportunity to refer to witness testimony.
Examination of low-quality products
If the buyer claims that the goods are of inadequate quality, and the seller does not agree with this, then the seller is obliged to conduct a quality examination at his own expense.
If the buyer does not agree with the conclusion of the examination, he may challenge the results of the expert opinion in the magistrate's court.
The buyer can order an examination in a (third-party) organization or enterprise that is not interested in the outcome of the conflict.
After presentation of expert opinion the law obliges the seller to reimburse the buyer for the cost of the examination. The term of examination can be 10-45 days.
How to return the money if the check is not saved?
If cash register or, You can still get your money back. For this you need go to the store with a witness of the transaction, if any. The same should be done if Sales Department or the store works without a cash register, and the seller does not remember the buyer.
The client can not only cash. Money can be transferred to a card or current account, as well as to a savings book.
Trading organizations and entrepreneurs try to avoid conflicts and, as a rule, never bring the case to litigation. They tell their customers that If a product is defective, it can be exchanged for another.
The terms and methods of returning or exchanging goods depend on the following factors:
- Are you satisfied with its quality?
- Does the item you purchased belong to The list of technically complex goods is approved by the Government of the Russian Federation. It includes:
- light aircraft, helicopters and aircrafts with an internal combustion engine (with an electric motor);
- passenger cars, motorcycles, motor scooters and vehicles with an internal combustion engine (with an electric motor) intended for movement on public roads;
- tractors, motoblocks, motor cultivators, machines and equipment for Agriculture with an internal combustion engine (with an electric motor);
- snowmobiles and vehicles with an internal combustion engine (with an electric motor) specially designed for driving on snow;
- sports, tourist and pleasure vessels, boats, boats, yachts and transport floating facilities with an internal combustion engine (with an electric motor);
- navigation and wireless communications equipment for domestic use, including satellite communications, having a touch screen and having two or more functions;
- system blocks, stationary and portable computers, including laptops, and personal electronic computers;
- laser or inkjet multifunctional devices, monitors with a digital control unit;
- satellite television sets, game consoles with a digital control unit;
- TVs, projectors with a digital control unit;
- digital photo and video cameras, lenses for them and optical photo and film equipment with a digital control unit;
- refrigerators, freezers, combined refrigerator-freezers, dishwashers, automatic washing machines, dryers and washer-dryers, coffee machines, food processors, electric and combined gas-electric stoves, electric and combined gas-electric hobs, electric and combined gas-electric ovens, built-in microwave ovens, robotic vacuum cleaners, air conditioners, electric water heaters;
- wrist and pocket watches, mechanical, electronic-mechanical and electronic, with two or more functions;
- electrified tools (hand-held and portable electric machines).
- whether 15 days have passed since the purchase or not (if the product is technically complex);
- Did you buy the product online or offline?
Please note: if during the sale of the goods the seller informed you about the defect of the goods and you will not find other shortcomings in it, you will not be able to return it as a product of inadequate quality. However, if you find a defect that was not specified at the time of purchase, you can return it.
2. How do I return or exchange an item that doesn't fit?
If you ordered a product in the online store, but have not yet had time to receive it, you can refuse it at any time. If the goods have already been paid for in advance, the seller is obliged to return the funds you spent. The exception is products made especially for you to order - you cannot refuse them.
If the product has already been received, you are satisfied with its quality, but it did not suit you or, for example, did not like it, you can return (not exchange!) It:
- within seven days after receipt - if at the time of the transfer of the goods you were provided in writing with information on the timing and procedure for returning the goods;
- within three months from the date of transfer of the goods - if such information was not provided in writing.
you can return any product purchased in the online store, but only if its presentation and consumer properties are preserved.
To return the goods, you must provide the seller with a document confirming payment (receipt). If there is no such document, you can provide the seller with other proof of purchase (screenshot from personal account, letter to email and so on).
At the time when you return the goods, an invoice or an act on the return of the goods must be drawn up, which must be signed by you and the seller. The seller is obliged to return the amount of money you paid no later than 10 days from the date you submitted the relevant request. In this case, the delivery of goods from the buyer to the seller is paid by the buyer.
If you purchased from an offline store goods of proper quality, but it did not suit you in shape, dimensions, style, color, size or configuration, you can exchange it for a similar product of the shape, style, color, size or configuration that suits you within 14 days, not counting the day of purchase. Please note there is The following products of good quality cannot be returned or exchanged:
- personal hygiene items (toothbrushes, combs, hair clips, hair curlers, wigs, hairpieces and other similar products);
- perfumery and cosmetic products;
- textile goods (cotton, linen, silk, woolen and synthetic fabrics, goods from non-woven materials such as fabrics - ribbons, braid, lace and others); cable products (wires, cords, cables); construction and finishing materials (linoleum, film, carpets and others) and other goods sold per meter;
- garments and knitwear (sewing and knitted underwear, hosiery);
- products and materials made wholly or partly from polymer materials and contacting with food products (dishes and tableware and kitchen utensils, containers and packaging materials for storage and transportation food products, including for single use);
- household chemicals, pesticides and agrochemicals;
- household furniture (furniture sets and sets);
- jewelry and other products made of precious metals and (or) precious stones, cut precious stones;
- automobiles and motorbike goods, trailers and numbered units for them; mobile means of small-scale mechanization of agricultural work; pleasure craft and other watercraft for domestic use;
- technically complex household goods for which warranty periods are established (household metal-cutting and woodworking machines; household electrical machines and devices; household radio-electronic equipment; household computing and duplicating equipment; photo and film equipment; telephone sets and fax equipment; electric musical instruments; household gas equipment and devices; wrist and pocket watches, mechanical, electronic-mechanical and electronic, with two or more functions);
- civilian weapons, main parts of civil and service firearms, cartridges for them;
- animals and plants;
- non-periodical publications (books, brochures, albums, cartographic and musical publications, sheet art publications, calendars, booklets, publications reproduced on technical media).
The exchange of goods is carried out if it was not in use, its presentation, consumer properties, seals and factory labels are preserved.
If the seller does not have a similar product on the day of your appeal, you can, by agreement with the seller, pick up a similar product when it goes on sale or withdraw from the sales contract and require the seller to return the funds paid for the product. In this case, the amount paid by you must be transferred to you within three days after the return of the goods.
To exchange or return an item, you need to provide the seller with a product or cash receipt. If you do not have a sales or cash receipt, you can submit another document confirming payment for the goods or refer to witness testimony.
3. What can I expect when returning (exchanging) a defective product?
If you find a defect in the purchased product, and its Guarantee period- the period during which, if a defect is found in the product, the seller, manufacturer or an organization authorized by them or an individual entrepreneur are obliged to satisfy the consumer's requirements for repair or replacement of the product, reduction of the purchase price, return of the amount paid for it, and so on.
">warranty period, Life time- the period during which the manufacturer undertakes to provide the consumer with the opportunity to use the product for its intended purpose. It is mandatory for durable goods, which, after a certain period, may pose a danger to the life, health of the consumer, harm his property or the environment., or Best before date- the period after which the goods are considered unsuitable for their intended use. It is installed on food, perfumery and cosmetic products, medicines, household chemicals and other similar products. have not passed yet, you can in any case count on:- if you eliminated defects yourself or with the involvement of specialists;
- (discounts).
If you have purchased a non-technical product, or if 15 days have not passed since the purchase of a technically complex product, you can also count on:
- for goods of the same brand (model, article) or replacement of goods for the same product of another brand (model, article) with a corresponding recalculation of the purchase price;
In addition, if a low-quality product causes you losses, you can claim compensation for them.
You have the right to make these claims during the warranty period, service life or shelf life, and if the service life is not established, within 10 years from the date of purchase of the goods.
Please note that in any of these cases, you will need to provide the seller with a document confirming payment (receipt). If there is no such document, you can provide the seller with other proof of purchase (a screenshot from your personal account, an email, and so on).
In the event of a dispute about the reasons for the appearance of a defect in the goods, the seller is obliged to send it for examination at his own expense. However, if it turns out that the goods are damaged through no fault of their own, you will need to reimburse the costs of the examination and the related costs of storing and transporting the goods. You can challenge the decision of the experts at your own expense.
If, as a result of the examination, it turns out that the goods were damaged through no fault of the seller, you can apply with claims to the manufacturer, or other authorized manufacturers, or to sellers-organizations and individual entrepreneurs ( service centers, suppliers, and so on) on the same basis as to the seller. They can also conduct an examination.
The consumer has the right to participate in the quality control of goods. AT
4. How to get the repair of low-quality goods at the expense of the seller?
If the goods were damaged through no fault of yours, the seller, manufacturer or an organization authorized by them or an individual entrepreneur are obliged to take the goods from you. It is better to determine the term for eliminating deficiencies in writing - in this case, it cannot exceed five days. If during the repair it becomes obvious that it is impossible to eliminate the defects within five days, the parties may conclude supplementary agreement for an extension of the repair period.
If the term for eliminating the defects of the goods is not defined in writing, according to the law, the defects must be eliminated immediately - that is, within the minimum period necessary for such repairs.
Please note that the delivery of oversized goods and goods weighing more than five kilograms for repair, as well as its return to the consumer, is paid by the seller (manufacturer or an organization or individual entrepreneur authorized by them).
You must provide a similar product while the durable goods are being repaired. Its delivery must be provided by the seller, manufacturer, authorized organization or individual entrepreneur - depending on who you contacted - within three days. But this rule applies For temporary use you can not get:
- pleasure boats;
- furniture;
- weapon.
5. How can I get reimbursement for the repair of defective goods?
If you purchased a defective product, you can repair it yourself or with the involvement of third parties - you must reimburse the costs for this within 10 days from the date of presentation of the relevant claim, but you will need to provide proof of the repair.
In addition, the seller may doubt that the product was defective. In this case, he has the right to conduct an examination. He must do this at his own expense, but if, as a result of the check, it turns out that the goods were damaged through no fault of his (or, for example, through the fault of the manufacturer), you will have to reimburse the costs of the examination, as well as the transportation and transportation associated with it. storage of goods. Remember that the consumer has the right to participate in the quality control of goods. You also have the right to challenge the results of the examination at your own expense.
With a claim for reimbursement of repair costs, you can also contact the manufacturer or other organizations and individual entrepreneurs authorized by the manufacturer or seller (service centers, suppliers, etc.) on the same grounds as the seller.
6. How to achieve a markdown of low-quality goods?
In case of detection of defects in the goods that have arisen through no fault of yours, you can demand from the seller, manufacturer or organizations authorized by them and individual entrepreneurs to give you a discount on this product.
The claim must be satisfied within 10 days from the date of presentation.
Delivery of bulky goods and goods weighing more than five kilograms for a markdown, as well as its return to the consumer, must be paid by the seller (manufacturer, authorized organization or individual entrepreneur).
7. How to get a defective product replaced?
If the product has been damaged through no fault of yours, the seller is obliged, at your request, to replace it with exactly the same (same brand, article), but of good quality or with a similar product of a different brand (article). At the same time, if a product of another brand is more expensive, you will need to pay extra, if it is cheaper, the seller will return the difference to you.
You must return the defective item to the seller. A new one is provided to you within seven days (and if additional verification is necessary - 20 days) from the date of presentation of the relevant request. Therefore, it is better to record the fact of the transfer of goods in writing.
Delivery of bulky goods and goods weighing more than five kilograms for replacement, as well as delivery of new goods to the consumer, must be paid by the seller (manufacturer, authorized organization or individual entrepreneur).
If it takes more than seven days to replace an item, you can request a loan of a similar item. The seller must ensure its delivery within three days from the date of your request. But this rule applies Cannot be obtained at the time of product replacement:
- cars, motorcycles, as well as other types of motor vehicles, trailers and numbered units for them (except when they are used by disabled people);
- pleasure boats;
- furniture;
- electrical household appliances used as toilet items and for medical purposes (electric shavers, electric hair dryers, electric hair curlers, medical electric reflectors, electric heating pads, electric bandages, electric blankets, electric blankets, electric brush hair dryers, electric curlers, electric toothbrushes, electric hair clippers and other devices having contact with the mucous membrane and skin);
- household appliances used for thermal processing of products and food preparation (household microwave ovens, electric ovens, toasters, electric boilers, electric kettles, electric heaters and other goods);
- weapon.
If the product was damaged through no fault of yours, but not through the fault of the seller, you can contact the manufacturer, or other authorized manufacturers, or sellers-organizations and individual entrepreneurs (service centers, suppliers, and so on) with a request to replace the goods at on the same grounds as the seller. But they can only replace your product with a product of the same brand.
8. How to get a refund for a defective product?
If you purchased a non-technically complex product (and also if 15 days have not passed since the purchase of a technically complex product), but the product turned out to be of poor quality, you can count on a refund of the amount paid. In any case, you will need to provide the seller with a proof of payment (receipt). If there is no such document, you can provide the seller with other proof of purchase (a screenshot from your personal account, an email, and so on).
If the warranty period, shelf life or service life of the goods is not established, or if the warranty period of the goods is less than two years, these claims can be made within two years from the date of receipt of the defective goods. However, in this case, you will have to prove that the defects of the goods arose before you received the goods, and for reasons beyond your control.
If it is proved that the goods were damaged through no fault of yours, the seller, manufacturer, or an organization authorized by them are obliged to return the funds paid for the goods to you within 10 days from the date of presentation of the corresponding request, and you are obliged to return the goods.
Delivery of bulky goods and goods weighing more than five kilograms is paid by the seller (manufacturer, authorized organization or individual entrepreneur).
9. How do I return an item purchased on credit?
According to the law "On the Protection of Consumer Rights", if you return goods of inadequate quality purchased on credit, the seller is obliged to return to you the amount of money paid for the goods in the amount of the loan repaid by the date of return, reimburse the interest paid and other payments under the contract, and also reimburse the fee for granting a loan.
At the same time, at the request of the seller and at his expense, you must return the received goods of inadequate quality.
Good afternoon, dear reader.
In the next article of the series "Overview of the law on consumer protection" we will discuss about the exchange and return of goods of good quality.
Article 25
1. The consumer has the right to exchange a 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 non-food products of good quality within fourteen days excluding the day of 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.
Consider features of the exchange of goods of good quality details:
1. You can exchange goods of good quality if it does not suit you in shape, dimensions, style, color, size or configuration.
Please note that the conditions in this list are enough to exchange almost any product.
For example, car wheels may not suit you in color. In this case, you can exchange them for discs of a different color (or return them, but we'll talk about that later).
2. You can exchange goods within 14 days from the date of purchase. In practice, this period is given to you to make a final decision.
For example, you can buy (a device for towing a trailer) in a car shop without trying it on the car. After that, within 14 days you will be able to try everything on in a calm atmosphere and understand whether the product suits you or not.
In practice, a period of 14 days is convenient to use when buying clothes.
For example, you have just entered a shopping center and in the first store you see a shirt (or handbag) that suits you. At the same time, many buyers have thoughts in their heads about what is possible in mall there is the same shirt (handbag) cheaper or better, etc. Therefore, the purchase in the first store is often refused. Nevertheless, knowing the provisions of the law on consumer protection, you can not hesitate to buy goods in the first store, and if you later turn up the best option, the first item can be returned without loss.
3. The exchange of goods is possible only if it was not in use, and its presentation, consumer properties, seals, factory labels are preserved.
Those. You cannot use the product and then return it to the store. It is for the best, because the product will subsequently be sold again.
4. There are goods that cannot be exchanged. They are listed non-food items of good quality, not subject to return or exchange for a similar product of other size, shape, dimension, style, color or configuration.:
For example, a car that does not match in color cannot be exchanged.
Return of good quality goods
Above, we talked about the possibility of exchanging goods, but it is also can be returned:
2. 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 execute the contract of sale and demand a refund the amount paid for the said goods. 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.
Those. goods of good quality within 14 days can not only be exchanged, but also returned. I note that in practice there are usually no problems with this. In almost all stores, unused goods are accepted back, returning the amount paid for them.
Features of the purchase of prepaid goods
In practice, quite often there is a situation when a product is bought on order, i.e. You enter into a sales contract, transfer money to the seller, and then wait for the goods to arrive.
This type of transaction has some features:
Article 23.1. Consequences of violation by the seller of the deadline for the transfer of prepaid goods to the consumer
1. The contract of sale, which provides for the obligation of the consumer to pay for the goods in advance, must contain a condition on the term for the transfer of the goods to the consumer.
2. If the seller, having received the advance payment amount in the amount determined by the purchase and sale agreement, has not fulfilled the obligation to transfer the goods to the consumer within the period established by such an agreement, the consumer, at his choice, has the right to demand:
transfer of the paid goods within the new period established by him;
refund of the amount of advance payment for goods not transferred by the seller.At the same time, the consumer is also entitled to demand full compensation for losses caused to him as a result of violation of the deadline for the transfer of prepaid goods established by the contract of sale.
3. In case of violation of the deadline for the transfer of the prepaid goods to the consumer, established by the purchase and sale agreement, the seller shall pay him for each day of delay a penalty (penalty) in the amount of half a percent of the amount of the prepayment for the goods.
The penalty (penalty) is collected from the day when, under the contract of sale, the transfer of goods to the consumer should have been carried out, until the day the goods were transferred to the consumer or until the day the consumer's demand for the return of the amount previously paid by him is satisfied.
The amount of the penalty (penalty) collected by the consumer cannot exceed the amount of the advance payment for the goods.
4. The requirements of the consumer for the return of the amount paid for the goods and for the full compensation for losses are subject to satisfaction by the seller within ten days from the date of presentation of the relevant requirement.
5. The requirements of the consumer, established by paragraph 2 of this article, shall not be satisfied if the seller proves that the violation of the terms for the transfer of the prepaid goods to the consumer occurred due to force majeure or through the fault of the consumer.
Let's consider them in order:
1. Firstly, the contract of sale must necessarily indicate delivery time of goods. I note that in practice, in order to avoid paying fines, many car dealerships conclude at the order stage not, but a preliminary agreement, a pre-order agreement or something similar.
2. If the goods are not handed over to you within the period specified in the sales contract, you can either return the deposited money or agree to postpone the delivery date. In addition, you have the opportunity to demand full compensation for damages.
Suppose you ordered a trailer from a store. Delivery date July 18, 2018. On July 19, you have planned a commercial trip (transportation of 500 kg of cabbage), about which, in turn, you have concluded an agreement with the owner of vegetables. If the trailer is not delivered on time, then you will not be able to transport the cabbage and, accordingly, will incur losses. It is these losses that the company that delayed the delivery of the trailer should compensate you for. Please note that the existence of a contract in this case plays a very significant role. Without it, it will be extremely difficult to prove damages.
3. In case of delay in the delivery of goods the seller is obliged to pay you a penalty(0.5 percent of the prepayment made for each day of delay). The amount of the penalty cannot exceed the amount of the advance payment.
4. If you decide to refuse the ordered goods, then The money must be returned to you within 10 days..
Let's sum up the article:
1. Within 14 days from the date of purchase of the goods, it is possible to exchange or return it (even if the goods have no defects). At the same time, it is necessary to preserve the original appearance of the goods (packaging, factory labels, etc.). Restrictions on exchange / return apply only to some categories of goods specified in a special list.
2. In the case of pre-ordering goods, it is necessary to indicate the delivery time in the sales contract. For delay in delivery, the seller must pay a penalty, as well as compensate for the losses incurred by the buyer.
Well, in the next article in the series we will talk about features (for example, via the Internet).
Good luck on the roads!
Good luck on the roads!
Hello. Tell me, please, can I return the money for the antenna and digital TV receiver for 10 channels. The product is of high quality, but my TV does not show with them. The packaging is not broken, there is a receipt, the goods were bought today. Thanks in advance.
Love, hello.
As far as I understand, we are talking about a technically complex product. The following items cannot be returned or exchanged:
The list of non-food products of good quality that cannot be returned or exchanged for a similar product of a different size, shape, dimension, style, color or configuration
11. Technically sophisticated household goods for which warranty periods are established (household metal-cutting and woodworking machines; electrical household machines and appliances; household radio-electronic equipment; household computing and duplicating equipment; photographic and film equipment; telephone sets and facsimile equipment; electric musical instruments; toys electronic, household gas equipment and devices)
However, try contacting the store for a replacement. Although the seller is not obliged to do this, he can meet halfway and replace the goods.
Good luck on the roads!
Alexey-387
Is it true that a technically complex product can be returned if it is not for domestic purposes (for example, an echo sounder)
To exchange goods, present the receipt for the purchase, the goods themselves, your passport. At the same time, the original packaging and appearance must be preserved. There must be no defects or traces of use. If there are any, the seller may refuse to return you. 3 If you think that the law is on your side, and the seller refuses to exchange or return the goods, you can make your claim in writing. Write it in 2 copies, on one of them the store employee must put a mark of acceptance. If your claim is refused on site, you can send it by registered mail with notification to the address of the organization. Do not confuse with the address of the store, because. the organization can be registered in a completely different place. Within 10 days, the store administration is obliged to respond to you. If the decision is negative, you can go to court.
Can I return an item to the store if I don't like it?
- eliminate the defect by handing it over to the store service;
- reduce the cost of goods due to identified defects;
- return the full cost of the goods in exchange for the return of the goods themselves.
When returning an incorrect product, the buyer will need:
- the goods itself. Traces of use or slight loss of presentation are acceptable;
- a check confirming the date and place of its purchase;
- passport to fill out a claim for a refund;
- warranty card (if any).
When contacting the store, you should:
- provide the product and explain why it is defective;
- fill out the claim form for the return of goods of inadequate quality in two copies.
If the cause of the marriage is not clear at first glance, the seller will offer to send the goods for examination, which will establish the root cause.
How to return a product you don't like
Products made of precious metals, with precious stones, made of precious metals with inserts of semi-precious and synthetic stones, faceted precious stones. 10. Automobiles and motorcycle goods, trailers and numbered units for them; mobile means of small-scale mechanization of agricultural work; pleasure boats and other watercraft for domestic use.
11.
Attention
Technically sophisticated household goods for which warranty periods are established (household metal-cutting and woodworking machines; household electrical machines and appliances; household radio-electronic equipment; household computing and duplicating equipment; photographic and film equipment; telephone sets and facsimile equipment; electric musical instruments; toys electronic; household gas equipment and devices) 12. Civilian weapons, main parts of civilian and service firearms, cartridges for them.
13.
you bought a quality product, but it did not suit you
When deciding whether the consumer has the right to demand a refund for mobile phone or exchanging it for another, if you didn’t like it, didn’t like it or didn’t fit it, it should be noted that in the current consumer protection legislation there is no such reason for returning the goods as “didn’t like or don’t like it”. Although, under certain circumstances, these concepts (“did not like”, “disliked”) can be considered identical to the concept of “did not fit”.
According to Article 25 of the Law "On Protection of Consumer Rights", the consumer has the right to exchange a 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, size, style, color, size or configuration.
Can I return an item if I don't like it?
- take your passport with you.
When you go to the store, you should:
- Announce to the seller about the intention to return or replace the goods;
- Provide the product itself, as well as a check and a guarantee (if any);
- Fill out an application for the return of goods in the amount of two copies, using your passport.
The application form will be provided by the seller himself. Information Once the application has been completed and the seller is satisfied that the item has not been used or is in good condition, the buyer will be presented with several alternatives.
Having chosen the desired one, the buyer will exchange goods or return his money in exchange for the return of the goods themselves. The refund period for the goods can be from 3 to 10 days.
What items can and cannot be returned to the store?
Info
If the examination confirms that the goods are of poor quality, you are obliged to return the money or exchange the goods Computer games, CDs, DVDs Cannot be played on the computer due to non-compliance with system requirements Goods of good quality cannot be exchanged or returned (paragraph 14 of the List). In case of computer game– the seller is obliged to warn the buyer about the properties of the goods (Article 10 of the Law on the Protection of Consumer Rights).
If by technical specifications the disk did not fit the computer, and the seller did not warn about it - they are obliged to return the money or exchange the goods. Touch screen products, consumer computers (smartphones, tablets, electronic books) Does not turn on, freezes, quickly discharges. The goods are required to provide a guarantee. The goods must be accepted for diagnosis, in case of a defect, exchanged or refunded.
I have a right!
Here, sometimes store employees try to convince you that the matter is not in a low-quality product, but in the fact that you are to blame for the fact that it is broken. Sometimes it happens that you are to blame. However, in half the cases it is not your fault.
If you think carefully and, if necessary, look at the operating rules, then they nowhere prohibit jumping in shoes at dances all night or the car’s operating instructions say that it is recommended to charge the battery periodically. And recommended is not the same as that you are required to charge it.
Important
So in such cases, you are obliged to exchange the goods. Just when the case is controversial, and the goods are expensive, then think for a couple of minutes and maybe even read the rules of operation. Now, in fact, the algorithm of behavior when returning goods to the store.
First, do not try too hard to explain everything to sellers. Find the person responsible for the exchange of goods.
How to return an item to the store?
That is why the procedure for returning goods to the store will be similar for all of them. Foreign stores and online stores In the current age of developed information technologies is becoming more and more topical opportunity purchasing goods via the Internet.
This way of buying, when you do not see the product itself and cannot touch it, see it with your own eyes, is called remote. This also includes the purchase of catalogs, booklets, as well as through any type of communication.
In this case, the seller is obliged to tell the buyer about all the consumer properties of the goods before the conclusion of the contract: characteristics, service life, operating conditions, warranty obligations, warranty period, the procedure for making payment for the goods and other significant points. Watch video about warranty periods After the transfer of the goods to the final consumer, he may be from him within 7 days.
According to him, the goods purchased by the buyer can be returned to the store, but subject to certain return conditions:
- If the case concerns the return of a quality product (Article 25 of the Law “On the Protection of Consumer Rights”), which the buyer simply did not like, then it can be carried out within the first fourteen days from the date of purchase (the report starts from the day following the purchase) and provided that it will not suit him in shape, color, style, size, dimensions or configuration;
It is legally impossible to return a quality product for other reasons. Information This rule does not work when returning goods of good quality, which are included in a separate list of goods not subject to return.
Is it possible to change the product in the store if you do not like it
Several times I simply returned the goods that were not suitable for me or my family to the store. It has not always been easy and simple. I will present my experience in this article. So, what is the right way to exchange goods in stores or how to return unsuitable goods to a store? First, a little about the rules of exchange and return, and then the algorithm of how to proceed step by step. Rule one. Do not throw away the cash receipt until the product has been used or the warranty period has expired.
When purchasing goods in foreign online stores, you must first of all pay attention to the section that indicates the possibility of returning and the conditions under which this becomes possible. Quite often you can see the mark "no refunds", which means the impossibility of a return.
It is useful to pay attention to the reviews left by previous buyers. If everything suits you in this regard, then you can make a purchase. When your purchase arrives at your address, do not be lazy and, if possible, film the process of opening the package or take a photo. This will be unconditional evidence in case of receipt of goods of inadequate quality or with a marriage.
Textile goods (cotton, linen, silk, woolen and synthetic fabrics, goods from non-woven materials such as fabrics - ribbons, braid, lace and others); cable products (wires, cords, cables); building and finishing materials (linoleum, film, carpets, etc.) and other goods sold per meter. 5. Sewing and knitwear (sewing and knitted underwear, hosiery). 6.
Articles and materials in contact with foodstuffs, made of polymeric materials, including those for single use (tableware and tableware and kitchen utensils, containers and packaging materials for food storage and transportation). 7. Household chemicals, pesticides and agrochemicals 8. Household furniture (furniture sets and sets).
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