Any citizen, having come to a store, a market or a shopping center for purchases, automatically acquires the status of a consumer. This gives him certain rights and obligations under the law. Surely, many people know about the possibility of the buyer to return or exchange the goods, some even went through this procedure in practice. There are times when sellers legally refuse to grant this right, they say that the purchase can not be returned or changed. It is about the list of non-returnable goods that this article will tell.
Legal right
To begin with, the consumer is necessarily an individual who purchases and uses goods for personal, family purposes, for domestic needs. That is, this category should not be similar to entrepreneurial activity.
In life, of course, it happens that the purchase does not fit in color, size, style, shape or configuration. Therefore, as one of the main powers of the consumer, the law secures the right to return or exchange of goods.
In the case of the sale of items of inadequate quality, the mechanism for its implementation is indisputable, when buying good non-food items, if they do not fit the above properties, within two weeks. However, this right cannot be applied to all products from the last group, since certain restrictions are established by law. Namely, the Government of the Russian Federation in 1998 approved a list of non-food goods of good quality, not subject to return or exchange (hereinafter - the List). More about which we will talk below.
So, you can determine the conditions under which goods of good quality can be returned or exchanged:
- it belongs to the group of non-food (can not be applied to food, drinks);
- not included in the groups from the List;
- the two-week period from the date of purchase has not expired;
- saved appearance, properties, company labels, seals;
- was not in use;
- there is a document on payment (in the absence of the law allows testimony).
Normative regulation
First of all, the above right is enshrined in the law "On Protection of Consumer Rights", which also states that it is not applicable to groups of goods from the List.
Pursuant to this provision, in 1998 the Government of the Russian Federation adopted Decree No. 55 on the list of goods not subject to return or exchange.
To date, its latest edition is valid - from 04/01/2017.
Since the year of adoption, the List has changed little. Almost six months after its publication, new groups were introduced: âanimals and plantsâ, âdrugsâ, âcivilian weaponsâ.
Non-periodical publications (calendars, books, albums, etc.) were included in the List in 2002.
Also in 2015, the name of the category âjewelry and others made of precious stones and metalsâ changed.
In the group âproducts made of polymeric materials that come into contact with productsâ in 2016, clarifications were added, namely, that they can consist of polymer in whole or in part, they also include items for single use.
Exclusive Product List
Resolution 55 âList of goods not subject to return or exchangeâ provides for the following groups:
- products for the prevention, treatment of diseases at home, medicines;
- hygiene items;
- cosmetics, perfumes;
- textiles and other goods that are bought per meter;
- knitwear, garments;
- goods, materials that are made of polymeric materials and come in contact with food;
- household chemicals, agrochemicals, pesticides;
- furniture;
- jewelry, other products from precious metals / stones, precious stones with faceting;
- automobiles, bicycles, motorcycles, mopeds, trailers and units for them; means of small automation of agricultural work; pleasure boats (boats, yachts) and other swimming facilities for domestic use;
- technically sophisticated goods for domestic use with a guarantee;
- civilian weapons, main parts, cartridges;
- plants and animals;
- non-periodic products.
The specified list is exhaustive, not subject to an expansive interpretation.
It is possible to list specific non-food items that are not refundable. Each group needs further clarification. For example, many people have a question about the exchange of unsuitable hygiene products (shampoos, balms, etc.), it happens that I bought it without looking, did not open it and only at home found inconsistency with the requirements. They donât know what to refer to in order to return this product, and is it even possible to return even unopened products? These categories will be discussed in more detail below.
Medicines, medical devices. Hygiene items
Products from the first category require special storage, care, and it is impossible to verify compliance with them at the time of return. Suppose medical instruments are intended only for individual âsanitaryâ use, application to another person would be unhygienic. Devices can simply be spoiled, medicines, etc., means - lose their properties.
In the first category, one can distinguish subgroups:
- medical instruments (syringes, needles, knives, tweezers, ducks, heating pads, catheters, enemas, etc.);
- hygiene and sanitation items from textiles, rubber, metal, etc., for the oral cavity (gauze, bandages, respirators, pads, toothpaste, gels and powders, etc.);
- instruments and equipment (tonometers, thermometers, massagers, breast pumps, quartz lamps, etc.);
- child care (lotions, diapers, diapers, bottles, etc.);
- eyeglass and eye lenses;
- medicines.
Hygiene products include:
- combs
- wigs
- curlers
- toothbrushes, flosses,
- hair clips, hair bands, etc.
Perfume and cosmetic line. Household chemicals
The first of these groups includes all products that a person purchases to care for his body, face, hair, oral cavity, etc., to give beauty, as well as a means for aromatization.
This includes creams, lotions, tonics, masks, rinses, shampoos, soaps, perfumes, eau de toilette, sprays, decorative cosmetics, etc.
âHappyâ situations with the return of these perfumes, which some consumers brag about, happen singly and exclusively with the good will of the seller. Large self-respecting retail chains are well aware of the law and will not accept such products back, even if you hastily took away the mascara or lipstick of the wrong color and wanted to return it unpacked. If, after returning, such a product is again displayed on the window, then it turns out that the right of other potential buyers to purchase a new product is violated.
The second category includes household chemicals (cleaning powders, gels, liquids, etc.), pesticides and agrochemicals (rodent control products, fertilizers, etc.). The legislator included this group in the List, most likely, for safety reasons, and also with the aim that valuable properties would not be lost in case of a possible return.
Goods per meter
These include 4 groups:
- textiles (cotton, linen, silk, synthetics, wool, non-woven materials - lace, ribbons, etc.);
- cable (wires, cords);
- materials for construction and decoration (film, oilcloth, linoleum, carpets from rolls, etc.);
- other goods purchased per meter.
These goods, which are not subject to return and exchange, are combined into one category due to the fact that everyone needs an individual size.
In this case, a running meter or square meter is taken as the unit of measurement of production.
Knitted and Sewing Products
In these textile products, one can designate a linen group (underpants, T-shirts, bras, body, shirts, etc.) and hosiery (tights, socks, under-heels, stockings, etc.).
A detailed definition of this product is given by GOST 17037-85 1986 (date of actualization - 08/01/2013). In particular, he also includes pajamas, combinations, swimwear, swimming trunks, peignoirs and other similar products made of fabric, non-woven materials and other types of textiles.
These things are the first layer, that is, directly in contact with human skin, sometimes in the most intimate places, so it is impossible to return them with proper quality, and it would be unethical to sell them again.
Technically sophisticated household goods. Means of transport
The first category is represented by the following products:
- machine tools (for woodworking and metal cutting);
- electric machines and appliances (refrigerators, coffee machines, dishwashers, etc.);
- electronic devices (tape recorders, walkie-talkies);
- computational, multiplying (computers, calculators, printers);
- cinema and photo equipment;
- telephones and fax machines;
- musical instruments (synthesizers, etc.);
- electronic toys;
- gas equipment;
- clock.
One of the conditions for classifying these products as a list of goods not subject to return or exchange, the law calls the establishment of a warranty period. During this period, the seller at his own expense must eliminate the deficiencies that arise.
At the same time, technically complex goods that are not subject to return are described in more detail in the corresponding List approved in 2011 by Government Decision No. 924. It includes: helicopters, airplanes, tractors, motoblocks, snowmobiles, sensory navigation and communication devices with two and more functions, satellite TV, set-top boxes, washing machines, air conditioners, electric heaters, etc. The list is also defined by law as exhaustive.
The second group - âcarsâ âincludes directly the mechanisms of the same name, trailers, as well as bicycles, motorcycles, mopeds, scooters, license plates for them; means of small automation of agricultural work; pleasure boats (yachts, boats) and other swimming facilities for domestic use.
These goods can be returned or exchanged only if irreparable defects (defects) are discovered, and the law establishes a rather long period for handling these requirements - 15 days from the date of purchase.
Other groups
The remaining goods that are not subject to return by law include:
- products and materials from polymeric materials (in whole or in part) and in contact with food (utensils, cutlery and kitchen appliances, containers and packaging for storage, transportation of food, including disposable);
- home furniture (headsets and sets);
- jewelry: jewelry, other products from precious stones and (or) metals, precious stones after cutting;
- civilian weapons, main parts, cartridges;
- plants and animals;
- non-periodic products (calendars, books, albums, maps, on technical media - disks, cassettes).
Regarding furniture, it is worth noting that this is not about individual items, but about sets. The legislator included jewelry in the list of goods that are not subject to return or exchange in order to prevent fraud in this area, since cases of the manufacture of high-quality fakes are not uncommon.
Weapons and their accessories should also be carefully selected, since it is impossible to return or exchange them, as the state decided for security purposes.
Animals and plants are not toys, if you took on such a âburdenâ, then carry it to the end.
Books, brochures, calendars and other products mentioned above should also be carefully selected, having studied the annotation beforehand, since they also belong to the List of goods that are not subject to return and exchange. At the same time, newspapers and magazines are not non-periodic, therefore, such a ban does not apply to them.
Arbitrage practice
The law prescribes only general situations and the rules applicable to them. But each case is individual, therefore, the court must understand the appropriateness of applying one or another paragraph of the studied List in a controversial situation.
It is worth noting immediately that disputes related to the sale of hygiene products and cosmetics are quite common. The reason for termination of contracts in these cases is often, according to consumers, is the lack of full information about the properties, characteristics of the goods, contraindications for use, which is mandatory. However, in court, consumers cannot provide sufficient evidence of a violation of their rights, a causal relationship between the acquisition of products and adverse effects (for example, an allergy has arisen). And therefore, the courts in 95% of cases refuse to satisfy the stated requirements.
Jerseys also raise a ton of customer questions. For example, there was a case with a jumper, the quality of which was not in doubt, but the size did not fit the citizen. In view of what he wanted to return it to the store, he met it within 14 days, however, the sellers referred to the List and refused to exercise this right. Rospotrebnadzor, where the man turned after this, in turn, stood up for the consumer, saw violations of the Rules for the sale of goods and held the organization accountable. The court also agreed with the position of the state agency and did not cancel this decision. The reason is that not all knitwear is included in the List, but only the linen group and hosiery, the jumper does not apply to them.
Technically sophisticated products that cannot be returned and exchanged also often become a stumbling block. Consumers forget that these are not toys, but objects that are complex in their structure. Improper operation, temperature drop, drop, shock can easily damage the equipment. Again, these events, the seller will not be able to verify whether they really were. Such purchases are usually approached deliberately, having previously decided on the color scheme, design, size, characteristics. It is no coincidence that the legislator prescribes the establishment of warranty periods for these products, specifically to protect consumer rights. Courts in such cases usually refuse consumers if they are suddenly not satisfied with the color, size or function. The situation is completely different when the quality of equipment leaves much to be desired, then, of course, the law is on the side of the buyer.
Regarding the latter group of ânon-periodic productsâ from the list of goods that are not subject to return and exchange, it is worth noting that not all items should also be brought under this concept. So, in the practice of arbitration courts there was a case of an illegal refusal of an entrepreneur to exchange a CD, which the buyer bought by mistake. Instead of a film, he brought home a computer game, IP refused to exchange. Rospotrebnadzor did not agree with this position, issued a resolution on holding the seller liable for violation of the Rules for the sale of goods. Thus, the court found that the information on the packaging of the disk implies that it contains information with computer programs, the sale of which is regulated by section 12 of the Rules for the sale of goods, and not 17 - as in the case of non-periodic products. Therefore, this disc cannot be assigned to the last group of the List. Infringement of consumer rights has been eliminated.
Indeed, the Law on Consumer Protection provides great opportunities for buyers. However, in view of this, consumer extremism is often found, that is, abuse of these powers. The List defined by the legislator is aimed at preventing the re-circulation of goods of certain categories that were already in use, the elimination of fraud and terrorist acts (in the case of weapons). Each consumer should know that it is impossible to exchange within 14 days, and how to defend their rights in case of infringement. Of course, you wonât study all the categories thoroughly, there are a lot of goods, and there are even more questions, so sometimes itâs better to ask a lawyer for help.