You have the opportunity to return to the store the purchase that did not suit you for any reason. The basis for this is the Consumer Protection Act. Check out necessary information and with peace of mind go to the store with the goods.
Some items are non-returnable, except for defective items. You can view the full list in the resolution "On approval of the rules for the sale certain types goods".
Remember that you can give away or exchange a purchase, provided that the presentation, consumer properties and factory tags are preserved. In other words, you can return to the store only those goods that you have not used. The only exceptions are products of inadequate quality. When buying a product, it is very important to keep the receipt. Without it, it will be very difficult for you to return the product.
If you have lost the receipt, you can refer to witnesses or present a technical data sheet, instruction manual, packaging elements and other things that carry information about the store or product. Within fourteen days from the date of purchase, you can return the product, asking for a replacement or a refund - at your discretion. Please contact the seller first.
If necessary, refer to the law "On the Protection of Consumer Rights" and ask the seller to conduct an examination. If he refuses your request, feel free to go to the general manager, store director or his deputy. If the store refuses to listen to you, contact a consumer protection organization. You can look at the addresses of branches in different regions on the website - www.ozpp.ru.
You can also contact Rospotrebnadzor. All details are described on the official website - www.rospotrebnadzor.ru. If you want a refund, please write an application. In the upper right corner, indicate your full name. and position of the store manager, his name and address. After the word "from" indicate your full name, address, series and passport number. In the middle of the line write "Statement".
Briefly describe the situation on a new line. Be sure to indicate the date of purchase, as well as the brand and article number of the product.
Can I return an item if I don't like it?
After the word "please" state the request for the return of money for the purchase. Do not forget to indicate the method of return - postal order, cash payment or transfer to a bank card. Specify the address or card number when choosing a specific refund method.
Finally, date and sign. Within ten days, the seller must fulfill your requirements. If he conducts an examination, fourteen days are given to fulfill the obligation. In case of delay, a penalty fee of 1% of the purchase price will be charged for each day.
The same laws apply if you buy products online. Only in this case it is necessary to write and send an application within seven days after receiving the product. The seller is obliged to return the funds or exchange the goods within ten days from the date of receipt of the application.
If the seller did not provide information on the procedure and terms for returning the purchase (and most often it happens), you have the right to return it within three months. Interesting fact- the list of products that cannot be returned does not apply to virtual stores, perhaps for now.
Don't be afraid to stand up for your rights. If the sellers offer you a replacement product, you have the right to refuse and demand money.
Agree that the desire to return the goods to the store is not so rare. Therefore, if you find a marriage, inappropriate color, style, size or other properties of the purchase, do not hesitate to contact the store and give it back.
How to return the goods to the store if the seller refuses the legitimate demand for a refund?
First, let's understand the terms. A product bought in a store that has not been torn, spoiled, broken, etc., not defective, corresponds to the qualities declared by the seller, a normal product that you simply do not like is called a good quality product.
To return such a product to the store and get your money back, you need to:
- To ensure that the goods are not included in the list of those that cannot be returned. Such goods include medicines, cosmetics, perfumes, personal hygiene items (toothbrushes, combs, hair clips, hair curlers, wigs, hairpieces and other similar goods), goods sold by the meter (fabric, wire, linoleum, etc.), underwear, stockings, disposable tableware, household chemicals, furniture, jewelry, cars, technically complex household goods, for which warranty periods are established, weapons, animals, plants, books, calendars;
- So that the product is not used (well, or that by no means it could be guessed that it was used), i.e. so that it has the same appearance as when it was purchased (“presentation”), without scratches, stains, etc.;
- Keep seals and factory labels on the product. I draw your attention to the fact that the law does not contain a single word about the need to keep packaging or price tags;
- Save the receipt;
- Contact the store within 14 days from the date of purchase (the day of purchase itself is not included in 14 days);
- Come up with a reason for the return, i.e., what exactly, attention (!), Didn’t fit (you can’t say “didn’t like it”) so that the store doesn’t find a replacement for you.
An exhaustive list of what may not be suitable and be the basis for returning the goods: color, size, style, shape, dimensions, equipment.
You must return the money within 3 days from the day you returned the goods to the store. But this is all ideal. In fact, even if all of the above conditions are met, situations often occur when the seller, administrator or even the store manager is not aware of the rules Russian law about consumer protection, or in the know, but deliberately ignores them, hoping that you do not know your rights, hangs noodles on your ears, refuses to accept the goods under various pretexts and return the money.
Buyer's actions if the store refuses to accept the goods
You can download a sample application for the return of goods to the store here.
- We write a statement addressed to the director of the store, where we clearly indicate our requirements for a refund, indicate the product that we want to return, its cost, and also describe why the seller does not accept this product from us, indicate our data (name, phone number) and Date and signature required. The application can be written directly in the store if there is paper and a pen;
- We write an application in two copies and ensure that the seller puts an entry on your copy like “received, position, signature, transcript, date, seal”;
- If the seller refuses to accept the application, we call two friends, acquaintances, and draw up an act that the seller refused to accept the application. We draw up the act in free form, by hand, the main thing is that the witnesses sign and indicate their data.
How to return the goods to the store?
Leave them one copy and leave, anyway they will read it, get scared and give it to the director. In fact, for a trial, the next option is much better, but for putting pressure on store employees, that’s it. They need to believe that you are serious and ready to go all the way. Therefore, do not forget to mention when leaving that right now you are going to Rospotrebnadzor (you will find the address and phone number in this section for your region), and if you do not get your money back within three days, then go to court and the prosecutor's office;
- Well, for a possible trial, you must definitely do the following. Need to send to legal address store the same statement by mail, necessarily with a description of the attachment and notification. You need to save the receipt of dispatch, the inventory and, of course, the second copy of the application.
You need to know the legal address of the store
- ask the seller directly or look at information stand, the obligation of the store to keep such information in the public domain for the buyer is established by law;
- according to the TIN indicated on your check, on the website egrul.nalog.ru;
- order an extract from the tax office for money, or call the tax office by phone and ask, they should not give such information, but you can try to put pressure on pity, we are all people after all;
Measures of psychological impact on the store to return money for the goods
As a psychological pressure on employees and store management, you can still take the following measures:
- leave an indignant review in the book of complaints;
- find the site of this store on the Internet, and send your requirements to email, directly try to get through to the store manager;
- if this is a chain of stores, and even in several cities, you need to call all the indicated phones and demand a manager, write formidable reviews on the site, in general, complain wherever possible.
It helps a lot as an argument that you will tell all your friends about this store and leave negative reviews on all possible sites. Large companies they are very afraid of ruining an already imperfect reputation.
Complaint about the store to Rospotrebnadzor
If they don’t call you back within a couple of days, you can still try to write a complaint to Rospotrebnadzor that the store does not respond to your application (it must respond within 10 days). This authority will not help you return the money, but it may well conduct an audit against a company that ignores customers.
In general, if you follow all the above instructions, act assertively and confidently, the money will be returned to you in 99% of cases. Well, if not, then it remains only to sue. It's up to you to decide if it's worth your time, money and nerves.
More related articles
How to return a product you don't like
Situations when buyers of any product have a desire to return the purchase, or get back the money paid for it, arise very often. Situations are especially difficult when the product cannot be classified as defective. To solve such problems, one should federal law"Consumer Protection". This legal act regulates issues related to the return of goods.
In situations where certain defects have been identified in the purchased item, or it does not suit the purchaser in other respects, the return is also carried out on the basis of the mentioned law. Therefore, each consumer should know the mechanism for processing the return of the product in trade organization. The legal framework regarding the issues of returning goods is distinguished by many nuances, and all these subtleties will have to be taken into account when solving this problem with employees of a trading establishment.
The procedure for returning goods without violating its quality
The return of goods free of defects, in accordance with the current law, is carried out, if the following conditions are met:
- You have 14 days from the date of purchase to return any product. After its expiration, such a return is no longer carried out, so the buyer has two weeks to submit a corresponding application;
- according to the existing law on consumer rights, the returned item cannot be used for a two-week period;
- such purchase must be returned in its original condition and appearance, with the tags or labels intact.
Highly desirable, though not entirely prerequisite, the presence of a stored cash receipt, or similar documentation confirming the fact of acquisition.
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 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 network firm 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 with you a receipt and packaging or branded package in which the seller put the item. 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 beyond 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 are 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 an item a couple of days ago, the seller can view 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 is 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.
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 certain conditions return:
- 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 following 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 work when returning goods of 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 witness testimony (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 completed, and the seller is satisfied 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
Finding a manufacturing defect or some kind of 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 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. 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.
What to do in case of refusal?
The buyer has the right to appeal this by contacting one of the following authorities:
Sample Documents
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 ( last changes introduced 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 material losses, health damage (if any), but also moral damage.
It is better to try to negotiate with the seller (manufacturer) in advance - 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.
Product good quality 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 the 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 within which you can return the goods is equal to the period of validity of the guarantee specified in warranty card or other documents. This rule does not apply to technical 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 appliances used in everyday life (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.