Each situation can happen when the purchased goods or the provided service turned out to be of inadequate quality, and in the case of the former, it’s simply defective. So the return of purchased products is a fairly common situation in the life of citizens. Of course, many watched in stores and pharmacies announcements that goods sold in this place that were not subject to return and exchange. The law is not always on the side of such implementers. And many of them post such announcements illegally. Most often, such notifications can be seen in pharmacies and tobacco shops, clothing stores. Indeed, underwear cannot be exchanged or returned, although not all pharmaceutical products can be returned.
Most buyers after receiving the refusal of the seller to return or exchange products will begin to vehemently scandal, mentioning the fact that under the law "On Protection of Consumer Rights" they have every right to return the goods. Although at the same time only a few really know the list and list of goods that can or cannot be returned. This list contains accurate information about what is not subject to return and exchange, that is, it lists those products whose return or exchange the seller really has the right to refuse. Therefore, the possession of information about what rights a consumer has in a given situation and which goods can and cannot be returned will never be superfluous and will protect a simple buyer.
Legal acts governing product return
Where can I find information about a product that is not subject to return and exchange?
The Consumer Protection Law N2300-I entered into force in Russia in 1992. Changes and amendments were subsequently made to it more than once, the most recent of which was March 1, 2017.
This legal act contains paragraphs relating to the settlement of conflicts arising between participants in the market for services and trade, that is, between:
- implementers (sellers);
- by consumers;
- persons providing their services;
- by manufacturers.
The law was created to protect the rights of consumers at the expense of the decrees prescribed in it, as follows:
- Due to the presence in the document of an established clear and strict procedure for the return and exchange of goods, which meets the quality standards (Articles 25), and no (Articles 18-24).
- By securing the right to receive quality and safe products and services (Articles 4-7, 14-15).
- Manufacturers and distributors undertake to provide the buyer with complete information about the purchased products or services in Russian (Articles 8-10,12).
- Providing state guarantees of consumer protection in case of violation by producers and sellers (Articles 17, 43-45).
Nevertheless, it is not enough for the buyer to know about the existence of laws protecting rights. You should also know whether this or that product is subject to exchange and return.
Return and exchange of purchased goods
According to the law on consumer protection, the buyer has two weeks during which he has the opportunity to return the purchased goods of good quality at his own request, if it turns out that he does not fit him in style, size and other personal reasons. Two weeks in this situation are counted from the next day from the date of purchase of the goods.
Nevertheless, this rule does not cover all goods, but only those that are not included in the list of products that are not accepted for return, and only if it is of good quality, with all the required papers.
In addition to this, the product that they decided to return must retain absolutely all of their original qualities that were available at the time of purchase:
- complete set;
- look like new, with no signs of exploitation;
- have all the tags.
It is also desirable, but not necessary, to have a cash register receipt.
The return occurs after the procedure for the preparation of the application, in which it will be necessary to indicate information about its reason, as well as indicate what you want to receive as a result: return the money or exchange the goods for another.
If the buyer returns a product that meets the quality requirements, then receiving money immediately will not work. According to Section 25 of the Consumer Protection Act, at first you can only exchange for a similar product with those characteristics that are suitable for the buyer. Otherwise, the consumer has the opportunity to terminate the transaction with receiving cash in exchange for the goods, or wait until the goods he needs are received in the store.
If the goods turned out to be of inadequate quality, then, according to Art. 18, the consumer can:
- make an exchange for the same good quality product;
- exchange the product for another with a recalculation of funds and pay extra, or get extra money back;
- repair the product in the service yourself and require the seller to refund the money spent;
- request the seller to return the amount of funds that is commensurate with the detected defect;
- to terminate the purchase and sale transaction with the subsequent return of the defective goods and receipt of cash in full, including additional costs associated with its use.
The buyer will be able to make one of the above operations only if he has not been notified by the seller in advance of the presence of a defect. Otherwise, he loses the right to return the purchase. This happens in the case of the purchase of discounted goods, in which the reason for the reduction in value is always indicated.
What goods are not refundable or exchangeable
Article 502 of the Civil Code of the Russian Federation and Art. 25 of the Law of the Russian Federation "On Protection of Consumer Rights" contain a list of goods that are not subject to exchange and return.
This list is complete, and sellers cannot change it; goods cannot be included or excluded from it. However, food products of good quality cannot be returned . And with inadequate quality, everything is also not so simple, but in certain cases this is possible.
Non-food items not subject to return and exchange within 14 days
Items that cannot be returned or exchanged:
- Cosmetics and perfumes.
- Good quality personal care products, including hair and oral care products. So, a comb and a toothbrush cannot be returned. But the hat is subject to exchange and return, like any other headdress.
- Textile products, both from natural materials and from synthetics, sold for sale in meters. Construction and decoration products sold per meter are also not subject to return.
- Medical goods for therapeutic and prophylactic purposes, various medicines. This also includes textile, metal, rubber products used as personal care products. The restriction applies to products for the care of children, hygiene products used in dentistry, lenses, medical equipment.
- Sewing products, including knitwear, underwear are not subject to exchange and return.
- Plastic products made for storage and cooking, disposable tableware, food trays, kitchen utensils.
- Sewing and knitwear are not subject to exchange and return.
- Chemical products for the home.
- Jewelry is not exchangeable or refundable, as well as products containing precious metals and stones.
- Furniture.
- Auto, motorcycle, bicycle products and all related equipment.
- Animals and plants.
- Non-periodical publications. So, books, notes, etc. are not subject to exchange and return.
Technically complex products that are not subject to exchange and return under the law
This list was approved only in 2011. It includes devices manufactured using high-level technology.
Some of them are included in the daily human turnover, so you should buy these products responsibly with the possibility of checking for the absence of malfunctioning mechanisms.
This type of product includes:
- Cars, motorcycles and other means of transportation on public roads.
- Agricultural machinery with electric motors or internal combustion engines.
- Vehicles with internal combustion engines designed to move in the snow.
- Navigators used in everyday life, having a touch screen and containing more than two technical capabilities.
- Personal computers, laptops.
- Televisions and other products for watching movies and television at home.
- A watch with many features.
- Appliances.
- Photo and video equipment and additional optical products to it.
- Ships with an autonomous engine.
- Smartphones, tablets and other devices with a touch screen.
- Game and video consoles.
All listed products can be returned if a premature failure occurred or a defect was discovered. But at the same time, it will be necessary to conduct a technical assessment with the discovery of the reason why the equipment is out of order.
If the fact of a manufacturing defect is confirmed, repair work will be carried out at the expense of the manufacturer. If the equipment is not repaired within 45 days, the consumer has the right to receive the same goods of good quality, and if they are not there, then it will be possible to choose a new device subject to recalculation or to receive the money back.
If the seller does not want to exchange goods or return money
If the store management does not want to exchange goods or return the money and does not react in any way to the existence of a complaint from the consumer, Rospotrebnadzor recommends filing a lawsuit.
Since, according to the law "On the Protection of Consumer Rights", the protection of consumer rights is the primary responsibility of the judiciary. The reason for this is that there are property relations between the consumer and the seller, which only judicial representatives are entitled to deal with.
A citizen may apply to the judicial authorities in one of the following places:
- to the address of the organization where the violation was made, and if it is an IP, then at the place of registration;
- at the place of own registration;
- in the city where the contract of sale was signed.
In lawsuits related to violation of consumer rights, the plaintiff is exempted from paying a fee for a trial.
Compiling a claim for cash compensation
If the buyer did not receive a result from an oral appeal to the product distributor regarding an exchange or refund for goods of inadequate quality, it becomes necessary to write a statement in two copies, which should describe in detail the discovered defects of the goods and the requirements for the management of the store. This is an attempt to pre-trial resolution of the situation.
On the copy of the application, which will remain with the buyer, are indicated:
- F. I. O. of the person who signed the application.
- Date of receipt of the document by representatives of the outlet.
- Signature of management or authorized person.
A clear application form does not exist. It is written in a relatively arbitrary format, but in compliance with the established required standards:
- The upper right part indicates to whom it is addressed, indicating the name of the store, address, full name of the owner and full name of the owner, and the address of the person who writes the claim.
- The name of the document is written in the center, in this case - “Claim”.
- This is followed by the main text of the claim, where it is necessary to indicate: date and place of purchase, the main technical characteristics of the goods (name, model, article number, serial number, etc.), a discovered defect in the goods, requirements for representatives of the outlet.
- At the end of the claim are signed, F.I.O., date.
It should be borne in mind that this is an official document, and it must be written accordingly, in the correct form. In addition, a well-composed claim and its availability is a guarantee of a trial, because if it is absent, the claim will be denied.
Store representatives must respond to the complaint within 10 days. If after this period no written response has been provided, you can begin to prepare all the necessary documents for filing a lawsuit.
Return of goods of inadequate quality
In order to exchange or return goods of inadequate quality, the consumer should contact the store where the goods were purchased and report any defects found. As evidence that the goods were purchased in this particular store, a check should be presented. In addition to the check, you must have a passport with you.
When the request to change the product with the deficiencies found or to return the money did not work, you should write a statement addressed to the management of the store.
There is no list of products of inadequate quality that cannot be returned. But it should be borne in mind that a return is possible only in a certain period, most often limited by the warranty period from the manufacturer.
Refusal to return quality products
The Law on Consumer Protection, although it provides for the right of the buyer to return the goods within 14 days, but entrepreneurs may still not accept the product. A failure can be obtained if:
- It is in the list of goods not subject to exchange and return.
- The buyer has violated the product return policy.
Not subject to exchange and return:
- Goods that were in use, if their presentation was not preserved.
- Goods that have lost consumer properties or any of the characteristics inherent in them during the sale.
- Products in damaged packaging.
- Products that are missing at least one of the tags, tags.
- Products for which there is no sales receipt or any other document confirming the fact of its purchase from this seller.
In this case, the check is not a prerequisite for the return of products to the store. When carrying out the return procedure without a check, the seller must check the fact of making a purchase on a cash register, if any.
Return of discounted goods
Discounted goods are those whose purchase price was lower than the original. The consumer is not required to know the reasons for the markdown of the goods. In-store discounts and promotions, by their principle with respect to the actions of the seller, are the same as markdowns. The basis for the sale of goods at a discount may be a marketing move for the purpose of commercial gain, a defect in the product or the seller’s personal desire.
If the price of a product has been reduced due to flaws in it, the seller is obligated to inform the consumer about them in advance. Only in this situation the transaction made will be legally correct, and then the buyer can no longer demand a replacement or return of the goods due to defects he has been notified about before the purchase. If the buyer was not aware of the presence of defects in the goods, or in addition to the new ones appeared, he can assert his rights and demand compensation. If such a situation arises, the seller will be obliged to replace the product or return the money spent on it to the consumer. The fact that the products were sold at a discount or at a discount is not grounds for refusal. But, nevertheless, the seller can conduct an independent examination and receive compensation for its conduct, if the defect appeared due to the fault of the buyer.
Nuances to keep in mind
When making a claim, it is necessary to understand the difference between the “deficiency” and the “significant deficiency” of the product - these are two completely different definitions. In legislation, there is a clear boundary between them.
A disadvantage denotes any non-compliance of the product with the requirements of the law, the terms of the user agreement, the difference between the declared and available characteristics, as well as the non-compliance with the goals for which it was intended, or those that the consumer claimed to complete the transaction.
A significant drawback is a defect that makes it impossible to use the product for its intended purpose. In addition, before contacting the judicial authorities, you should make sure that you are not guilty that the product has flaws and defects. Otherwise, besides the fact that time and nerves will be spent in vain, the consumer will have to reimburse the cost of the examinations and payment of the fee to the court.
Modern consumers should know their rights and the list of what is not subject to return and exchange, primarily to protect their rights.
In any situation, the consumer whose rights have been violated should not remain indifferent and spend his own money on replacing the goods or repairing them. After all, only by protecting their rights and requiring proper maintenance, people will be able to reduce the likelihood of receiving a poor-quality service or product.