Is it possible to return an item after 2 months?
How to return an item a month after purchase?
Almost every day we make a variety of purchases: food, clothing, appliances, hygiene products or even luxury goods. Our needs grow in proportion to the quality of our life.
What should you do if, after making a purchase, you discover a defect in the product or it simply does not meet your expectations? Of course, return the product. However, in reality, returning goods is not always so easy. Often, sellers refuse to accept the goods, relying on various fictitious reasons, or they delay the proceedings for a long time.
Reasons for returning purchased products after a month from the date of purchase
A purchased product can be called low-quality if it does not meet the following parameters:
- The purchase does not comply with the parameters established by law (The presence of defects in products that appeared due to the manufacturer’s failure to comply with GOSTs or regulations prescribed by law. An example would be bad paint on shoes or a computer/mobile phone freezing);
- The product does not comply with the conditions specified in the commercial contract (in the absence of such documentation, generally established requirements should be taken into account: for example, when purchasing furniture, such a document will be an order for its production, which specifies the color, configuration, shape, dimensions, etc. .);
- The product cannot be used for its intended purpose (For example, a purchased mixer designed for whipping liquids does not perform this function due to lack of power or poor design);
- The product does not correspond to the purposes for which it was purchased, as stated by the seller at the time of the transaction (for example, the consumer wanted to buy a drill for metal, and the seller gave him a drill for wood or concrete);
- The purchase does not correspond to the seller’s descriptions, on the basis of which the consumer made the purchase (for example, the seller sells paper wallpaper under the guise of vinyl).
If the purchase has one of the shortcomings listed above, the product is considered to be of low quality. This product status allows you to contact the seller with a return request.
List of goods that cannot be returned after such a period
Sometimes the seller does reserve the right to refuse a request to return an item. To avoid such a fate, it is necessary to study in advance all the legal literature on this issue.
Before submitting a return application, you must ensure that:
- The product has retained its original presentation and its properties (this only happens when the product has not been in use);
- Labels, tags and seals are intact and intact;
- All documentation for the product has been preserved (warranty card, instructions, sales or cash receipt);
It is also worth paying special attention to the register of goods that are not subject to the general return rule and which cannot be exchanged. Typically, this category includes: underwear, hosiery, food, and so on.
Also, the law will be on the side of the seller who refuses to return goods that were purchased more than 14 days ago. This rule is established by law for the reason that 15 days (including the day of purchase) is considered the optimal period for the buyer to decide whether the purchased item meets his expectations or not.
Therefore, be prepared for a refusal from the seller if you want to return an item you purchased a month ago, even though it is in perfect condition for resale and has not been worn.
Is it possible to return goods on the market?
Read about how to return a product after a quality check here.
It is also worth paying attention to the list of non-food products (approved by the Government of the Russian Federation on January 19, 1998) that cannot be returned or exchanged for similar products.
This list includes:
- Medical products and drugs;
- Personal hygiene products;
- Perfumes and cosmetic products;
- Products that are sold per meter;
- Underwear and hosiery;
- Utensils and materials in close proximity to food;
- Household chemicals and fertilizers;
- Furniture;
- Jewelry or jewelry with precious inserts;
- Vehicles (cars, motorcycles, bicycles, watercraft);
- Technically complex equipment that has a warranty period;
- Weapons and components;
- Animals and plants;
- Non-periodical printed issues;
Thus, products from this list can be exchanged or returned only if a significant defect is found in the product.
Procedure for returning defective goods
First of all, you need to come to the store where the purchase was made and present the defective product, demanding a return or exchange.
In case of refusal by the sales representative, it is necessary to draw up a written statement in free form in two copies, outlining the essence of the complaint. The main requirements for the application are the presence of the applicant's contact information, the reasons for the return, and the requirements put forward by the buyer.
It is important to note that the claim statement must be executed in two copies, one of which must be given to the seller to indicate his position, signature and date. This procedure will allow statements to be used in the future to prove that the seller is familiar with the buyer’s requirements.
After serving the claim, the sales representative can either accept the consumer's terms or refuse the return based on legal standards. The seller is given 10 days to make this decision, taking into account the fact that the countdown begins exactly on the day the application is submitted (according to Article 22 of the Law “On the Protection of Consumer Rights”).
If any difficulties or problems arise in the return procedure, the consumer has the right to contact Rospotrebnadzor.
It is also worth noting an important nuance that may arise when transporting large-sized products or goods whose weight is more than 5 kg: the cost of delivering the goods from the buyer to the retail outlet is fully borne by the seller. When independently transporting goods from home to a store, the seller must also reimburse delivery costs. In turn, the consumer is obliged to provide checks and receipts issued by the transport company or delivery service.
Features of drawing up a claim containing demands for the need to return the purchased product back to the store
Proper processing of returning goods must begin with writing an application. You should immediately create 2 copies, one of which will go to the seller for review. It is worth noting that there are no regulations for drawing up an application, so both printed and handwritten versions are suitable.
In the main part of the document, it is necessary to indicate the main reason for the return (inappropriate style, color or size), as well as clearly formulate the requirements (return of goods, exchange for a similar model). At the end, you must indicate your intention to terminate the agreement with the seller.
It is important to realize that when drawing up a return application, the buyer is not dealing with a sales representative selling the product, but with an entire company - the manufacturer. It is on this basis that the name of the organization must be indicated in the header of the application.
We answer the question - within what period can you return the goods to the store?
Literally every person is a consumer of certain goods. Therefore, no one is unfamiliar with the situation when they had to buy something in a store, and then it turned out that the item was of poor quality or defective. What to do in this case? What to do? Is it possible to return a purchase to the store?
Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
If you want to find out how to solve your particular problem, please contact the online consultant form on the right or call the free consultation numbers:
Many buyers very often have quarrels and disputes with sellers when they have to make claims about the quality of goods purchased at a given outlet. It is easier to return goods of inadequate quality if the defects are obvious.
Products may be expired, defective, or break before the warranty period . In this case, you can return the item and take the money. The situation looks completely different when the product is of adequate quality, but simply does not fit in shape, size, or style. Here you have to remind the seller of your rights.
How to return goods of proper quality to the store?
You should know that conflict situations between buyers and sellers are regulated by the Consumer Rights Law . It details, among other things, the rules for returning goods.
If the products you purchased are not on the list of non-returnable items , there is a chance to get your money back. But initially, you should exclude the possibility that the law does not provide for exchange or return.
What cannot be returned?
Unfortunately, not every item can be returned to the store. This option is not available for:
- medicines;
- underwear and hosiery;
- personal hygiene items (toothbrushes, wigs, washcloths);
- Perfumes and cosmetics;
- goods whose quantity is measured in meters (fabrics, curtains, tulle);
- household chemicals;
- furniture;
- printed publications (books, magazines, newspapers);
- weapons and ammunition for them;
- cars;
- jewelry.
The most complete list of such goods can be found in the original text of the Consumer Rights Law.
For all other goods there is a green light for exchange. Return of goods within 14 days from the date of payment. Within this time frame, you can return the product to the store simply at your own request, without giving reasons . You have every right to do this.
Guarantee period
For certain groups of goods, such as complex or household appliances, the terms of possible return are indicated in a separate document , and a guarantee from the manufacturer is issued.
If such paper is available, you should rely on the time frame specified in the document. During this time you can return the item. The warranty period can be from 6 months to 2-3 years .
Also, during the warranty period, household appliances must, if necessary, be repaired free of charge according to the warranty card . In special cases, the product is exchanged for a new, functional one with a new warranty period.
If you have to go to court, it is the manufacturer’s warranty that will have to be presented.
Attention! Until the warranty period for the purchased equipment expires, you must keep the receipt or other documents regarding the purchase.
Return of food
Probably, almost every citizen of our country has heard that food products cannot be returned to the store . The seller has no way to ensure that the food in the buyer’s possession was not intentionally spoiled during this time. It is impossible to verify this fact 100%, so even the law confirms that stores do not accept products back .
But the fact that the product is defective changes things. In this case, the consumer has the right to apply for the return of food products to the store within the expiration date of the product indicated on the packaging .
It is better to immediately check the integrity of the packaging and so on, but if the staleness is revealed only after the food has been removed from the packaging, you can try to discuss a return with the store. If you do this within a few hours , there is a better chance that everything will work out.
The more time passes from the moment of purchase, the less likely it is that you will be able to get your money back . Further, the store can no longer be sure that the buyer has properly stored the product, therefore, even if it is clearly spoiled, there will be no chance of issuing a return within 24 hours. Actually, in relation to food products, the retail outlet always reserves this right.
The only exception would be when, after purchasing, a person discovers that the product is expired. Trading in low-quality, expired products is prohibited by Russian law .
If there is a receipt proving that the products had already expired at the time of purchase, the buyer has every right to a refund.
What documents are needed?
What do you need to have with you to legally return an item? This:
- purchase receipt . First of all, the task is to confirm the fact of purchase. That is why it is impossible to prove anything in the market and replace a defective product. It will not be possible to prove that you bought it from a specific person. Stores must issue a receipt, which is best kept for 14 days . If it is not there, an invoice issued by the store in printed or electronic form, an invoice will do;
- a complaint in writing with a request to replace the product or return the money - at the buyer’s choice. Let us note that often sellers, in order not to miss out on revenue, lie by saying that money is returned only when the product cannot be replaced with a similar one. This is wrong. The buyer has the right to return his funds.
You can read about how to return an item to a store if you don’t have a receipt here.
Returning goods due to defective products
Above, we discussed returning products to the store simply at the request of the client. What to do if clothes or shoes turn out to be defective ? How long does it take to return the item back to the store?
In this case, the seller is given a standard period of 14 days to file claims. It is logical that during this time the buyer should discover that there is something wrong with the purchase and completely test it while wearing it.
If the product turns out to be defective, the buyer can contact the seller with a receipt. You should write a return application, which must clearly state the reasons for the return and complaints about the product.
The same paper must indicate the details of the author of the application, as well as the details of the company. The date and signature are placed at the bottom. The employee who accepted the application must also put his signature, which will confirm the fact that the paper was submitted and the claim from the client reached the store.
The seller can keep the original complaint, but the buyer must take a copy with the signature of an employee of this store. If you approach the issue so competently, there is an 80% chance that the court will decide in favor of the buyer .
A sample complaint to the seller about returning the goods and receiving money can be downloaded here.
If the item was purchased in an online store
Since purchasing goods via the Internet has become an objective reality , in addition to federal laws protecting consumer rights, there is Government Decree “Rules for the sale of goods remotely” dated September 27, 2007 No. 612. They regulate the issues of purchasing and returning goods purchased in the online store.
Article 26.1 of the Federal Law “On the Protection of Consumer Rights” states that the consumer, without giving a reason, has the right to refuse a purchase at any time before delivery and within seven days after the delivery of the goods.
If, upon receipt of the goods, you did not find information about the period for returning the purchase to the online store on the receipt, delivery certificate, invoice, or other document, then it is automatically increased from 7 days to 3 months.
Every consumer must remember their rights and carefully defend them . The law is always on the side of honesty and justice.
A sample statement of claim for the protection of consumer rights in court can be downloaded here.
Practical advice to the buyer on how to act correctly if it is necessary to return the goods to the store within two weeks. We recommend watching the video :
Didn't find the answer to your question? Find out how to solve exactly your problem - call right now:
It's fast and free!
Deadline for returning goods to the store
The return of a product item back to the store is provided for by the legislation of the Russian Federation, and there are several reasons for this. The item could simply not be suitable in style, color, size, configuration, or turn out to be defective or defective.
Attention! If you have any questions, you can chat for free with a lawyer at the bottom of the screen or call: +7 (499) 938-51-29 Moscow; +7 (812) 467-30-52 St. Petersburg; +7 (800) 350-83-47 Free call for all of Russia.
You can give your unsuitable purchase to the seller and get your money back for it within a certain period of time. This aspect will be covered in the article.
Normative base
The relationship between the parties regarding the return of goods is regulated by the current legislation related to the protection of consumer rights.
- Art. 18 states that if damage and defects are discovered within the period until the warranty expires, the consumer has the right to return the purchase with a requirement to receive the money paid for it, a replacement, or a reduction in value commensurate with the damage.
- In Art. 19 indicates the deadlines for filing a claim to the store for detected product defects. It is noted here that if the quality is inadequate, you can create a complaint during the time when the warranty is valid, or during the period when the item itself is suitable for use. If these time intervals are not established by the seller, you can contact him within 2 years (clause 1).
- Art. 22 contains materials about the time frame during which individual consumer requirements are satisfied; they are 10 days from the date of the buyer’s request.
- Article 25 says: if the product sold has proper quality characteristics, the product can be returned to the store within 14 days.
Consumer rights
Regardless of the causal factor of the return - be it poor quality or a subjective decision - the consumer has the right to return his money within a certain period. In the first case, the client can count on several possibilities:
- replacement with an identical product of proper quality (for more details, see Article 21);
- return of the position with the right to reimburse the full amount of money spent (Article 24);
- elimination of shortcomings and defects at the expense of the seller/manufacturer (Article 20);
- reduction in value commensurate with the amount of damage.
IMPORTANT
If the item does not fit and has no defects, it can be returned to the store within 14 days (Article 25) or within 7 days (Article 26.1) when making a purchase online (there is an exception when the deadline for returning the goods to the store is is 3 months - unless the seller himself has indicated the period for the possible return of the product).
Return Policy
To receive a refund, the consumer must write a statement containing:
- Company details;
- your passport details;
- claims and demands (for example, exchange, financial compensation, damages).
The application document must be accompanied by a receipt document, a guarantee, and a service book, if available. In order for the seller to accept the goods and fulfill the requirements, certain conditions must be met.
- Save the receipt. If the product is of poor quality and the receipt document is not saved, this cannot serve as a basis for refusal (Article 18, paragraph 5).
- The product must have a presentable appearance.
- It is important that there are no signs of wear or other obvious signs of use.
- No mechanical defects - chips, cracks, scratches.
- Saving label and label.
- Safety of packaging and markings on it.
Only under such conditions can you count on achieving your goal and returning the goods to the store on time.
How long can I return a product of good quality to the store?
Article 25 of the relevant legislation states that a high-quality non-food product can be returned to the store within two weeks from the date of payment and receipt of the receipt.
Starting from the day following the purchase, you need to count 14 days, and you will get the time during which you need to return a high-quality, but unsuitable product in order to return the amount of its cost.
Within what period can a product of poor quality be returned?
If the product is defective or damaged, claims may be made to the store by the consumer:
- before the expiration of the warranty period or expiration date;
- if these terms are not specified by the seller, then within two years (Article 19).
Return to the online store
You can refuse the goods at any time before the delivery of the goods. If the parcel was sent and received, this period is 7 days from the date of delivery (Article 26, paragraph 4). If the seller does not notify the consumer in writing about the timing of returning the goods to the online store, the latter has the right to do this within three months. When returning a product item that is not suitable, the buyer undertakes to draw up a statement to the seller in the form of a registered letter. And the recipient, in turn, is obliged to notify the applicant about all possible return methods. If an item is returned due to inadequate quality, the consumer has the right:
- create a claim for compensation by subtracting shipping costs;
- demand a full replacement with a similar product with the same characteristics;
- ask for a reduction in price in accordance with the amount of damage;
- count on free repair work.
Additional Information
When returning a defective product to an online store, Articles 18-24 apply. Accordingly, the deadlines for fulfilling consumer requirements remain the same as in these paragraphs.
Return without explanation
The right to return without explanation (where the consumer is not obliged to indicate why he has decided to return the product) for a classic retail item does not apply even for 14 days. The consumer is obliged to name one of the reasons specified in Article 25 of the Law “On the Protection of Consumer Rights” (non-compliance of the product in size, style, shape, configuration, color or size).
The period for returning goods without explanation is possible within 7 days for an online store (or 3 months if the exact period is not indicated in the parcel).
How long can I return a product to the store if I don’t like it?
If you simply didn’t like the item you purchased, for example, you took a closer look at the new shoes and realized that the color was “not yours,” or you tried on a dress and it didn’t “fit” you as perfectly as it did in the store, you have the right to return such unsuccessful purchases within the same period specified in the previous paragraph, depending on the place where the purchase was made (online or regular store).
But this law does not apply to all product categories. No. 55 of January 19, 1998 cannot be returned. For example, these include:
- food products;
- personal hygiene products;
- knitwear;
- underwear and hosiery groups of products;
- household and other chemicals;
- furniture items;
- cars and motorcycles, etc.
If the product does not fit in size
As already noted, if the size (as well as color, style, configuration) does not suit you, you have the right to return it to the store within 14 days, provided there are no signs of wear. This provision is stipulated in Article 25. STD law.
Warranty period for returning goods
19th Art. The ZPP law indicates that the consumer has the right to return an item of poor quality within the warranty or expiration period. If the seller or manufacturer has not established this time period, the return is made within two years (1st paragraph of this article). Warranties can be established not only for the items themselves, but also for component parts; they are calculated according to a similar procedure (clause 3).
Knowledge of materials about the warranty rules is the unconditional right of the buyer and the unambiguous responsibility of the seller (clause 4 of article 19 of the law on ZPP). If this interval is less than two years, and defects were discovered after the expiration of the warranty period, but within two years, the item must also be returned (clause 5). If the consumer independently proves that the occurrence of defects occurred before the commodity item was transferred to him (clause 6), he has the right to receive compensation.
Features of calculating the warranty period
When returning a purchase of inadequate quality, it is important to consider such a point as the warranty period.
Within what period can a product be returned to the store due to defects or defects?
If the product turns out to be defective, you can return it at any time - starting with the first hour from the date of purchase and ending with the expiration date. It is best to do this immediately after defects are discovered, because if you continue to use a low-quality product, it may cause even greater defects, which will be classified as a “defect caused by the fault of the consumer.” If the reason for the defect is controversial, an examination is carried out to prove the “guilt” of either the seller or the consumer. In the first case, the buyer receives his money back, and in the second situation, he not only does not receive compensation, but also undertakes to pay for the research.
Return nuances
In order to correctly present the entire list of requirements to a store or other retail outlet, it is necessary to understand the general algorithm of the activities being carried out.
- Each large retail facility has a specific person or an entire department that deals with exchange and return issues. This position may have different names, but the functions are identical.
- First of all, it is worth making an appeal to this person orally. The conversation should be conducted politely and respectfully. After all, it is this specialist who determines how quickly this issue will be resolved, and whether it will be resolved at all.
- You should not threaten anyone and inform them that you know your own rights and are ready to do anything to return the goods to the store. On the contrary, it is better to ask your opponent what interests you, and only after that begin to act.
- If we were unable to reach a common agreement verbally, and your request was refused, it is worth ensuring that a written complaint is prepared. This document must be registered with the store and reviewed within 10 days. After this period, the buyer must receive a response containing the signature and seal of the director.
- You should not indicate circumstances like “didn’t like it” or “not suitable” as a causal factor.
Additional Information
The consumer has the right to return an unsatisfied, unsuitable or defective item, provided that the presentable appearance of the product is preserved or there is evidence of a defect due to the fault of the manufacturer/seller. All provisions and deadlines are prescribed within the framework of the law on the protection of consumer rights and include a large number of individual situations that require detailed consideration and study.
Return of goods of good quality 5 months after purchase
In accordance with Art. 25 consumer’s right to exchange goods of proper quality
The consumer has the right to exchange a non-food product of proper quality for a similar product from the seller from whom this product was purchased, if the specified product does not fit in shape, dimensions, style, color, size or configuration.
The consumer has the right to exchange non-food products of proper quality within fourteen days, not counting the day of purchase.
An exchange of a non-food product of proper quality is carried out if the specified product has not been used, 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 consumer’s absence of a sales receipt or cash receipt or other document confirming payment for the goods does not deprive him of the opportunity to refer to witness testimony. The list of goods that are not subject to exchange on the grounds specified in this article is approved by the Government of the Russian Federation.
If a similar product is not on sale on the day the consumer contacts the seller, the consumer has the right to refuse to execute the sales contract and demand a refund of the amount of money paid for the specified product.
The consumer's request for a refund of the amount of money paid for the specified product must be satisfied within three days from the date of return of the specified product. By agreement between the consumer and the seller, an exchange of goods may be provided when a similar product goes on sale. The seller is obliged to immediately notify the consumer about the availability of a similar product for sale.
LIST OF NON-FOOD PRODUCTS OF GOOD QUALITY, NOT SUBJECT TO RETURN OR EXCHANGE FOR A SIMILAR GOODS OF OTHER SIZE, SHAPE, DIMENSIONS, STYLE, COLOR OR COMPLETE CONFIGURATION:
1. Goods for the prevention and treatment of diseases at home (sanitary and hygiene items made of metal, rubber, textiles and other materials, medical instruments, instruments and equipment, oral hygiene products, spectacle lenses, child care items), medicines
2. Personal hygiene items (toothbrushes, combs, hair clips, hair curlers, wigs, hairpieces and other similar products)
3. Perfume and cosmetic products
4. Textile products (cotton, linen, silk, wool and synthetic fabrics, non-woven products 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 by the meter 5. Sewing and knitted products (sewing and knitted linen products, hosiery products)
6. Products and materials in contact with food, made of polymer materials, including for one-time use (tableware and kitchenware, containers and packaging materials for storing and transporting food products)
7. Household chemicals, pesticides and agrochemicals
8. Household furniture (furniture sets and sets)
9. Products made of precious metals, with precious stones, made of precious metals with inserts of semi-precious and synthetic stones, cut precious stones
10. Automobiles and motorcycle and bicycle products, trailers and numbered units for them;
mobile means of small-scale mechanization of agricultural work; pleasure boats and other watercraft for household purposes 11. Technically complex 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 copying equipment; photographic and film equipment; telephones and fax equipment; electric musical instruments; electronic toys, household gas equipment and devices)
12. Civilian weapons, main parts of civilian and service firearms, cartridges for them
13. Animals and plants
14. Non-periodical publications (books, brochures, albums, cartographic and musical notes publications, sheet art publications, calendars, booklets, publications reproduced on technical media)
Refunds for goods, terms of return and exchange of goods
The product you purchased did not suit you and you want to return the money for the product in 2019, but don’t know how to do it? There are many nuances in this matter: whether the product was of proper quality or inadequate (defective / low-quality), whether you want to exchange the product or just return the money for the product, what are the terms for returning the product, what types of goods cannot be returned, and how to return the product step by step. That is why our lawyers located in Cheboksary have prepared this material for you so that you know what rights you have.
Contents of the article (navigation):
Everything about returning and exchanging goods by the buyer
What types of goods are NOT returnable?
In this matter, there are two categories of goods - those of proper quality and those of poor quality. Whether your claim is eligible will depend on the category to which the product belongs when being returned or exchanged.
The following goods of good cannot returned :
- Food products (Explanation of the Consumer Association of the Penza Region dated November 14, 2008);
- Goods included in the list of non-food products of proper quality that cannot be returned or exchanged for a similar product of a different size, shape, size, style, color or configuration;
- Used goods, also if their presentation, consumer properties, seals, factory labels are not preserved.
(Clause 1 of Article 25. The consumer’s right to exchange goods of proper quality). For example , the product was packaged in factory disposable “blister” packaging, then opening such packaging automatically leads to loss of presentation and the seller’s refusal to exchange the product in this case will be legal. Therefore, despite the fact that the “goods have not been used,” in most cases the seller still has the possibility of legally refusing to accept the returned goods of proper quality if the integrity of the packaging is damaged or missing.
Goods of inadequate cannot returned or exchanged unless the deadlines established by current legislation are exceeded. They are described in the next section (below) on this page of the site.
Nuance No. 1
When returning a product of inadequate quality, the presence of packaging is not a mandatory requirement.
The legislative acts of the Russian Federation do not contain requirements for the provision of original packaging when the consumer returns goods. If the seller makes a request to return the goods, the entire product must be returned, namely, the main product, its components and accessories, with the exception of packaging and wearable accessories that can be used or become unusable during operation. On the other hand, it should be taken into account that the manufacturer may put a warning on the packaging about preserving the packaging with the manufacturer’s data. If a claim is made to the seller regarding the quality of the goods sold, the presence of this data may be important for the exercise of the consumer’s right to return the goods to the seller.
Nuance No. 2
The consumer’s absence of a sales receipt or cash receipt or other document confirming payment for the goods does not deprive him of the opportunity to refer to witness testimony (Article 493 of the Civil Code of the Russian Federation).
Nuance No. 3
The seller has the right to check the safety of the consumer properties of the returned goods (Clause 5, Article 18 of Law No. 2300-I).
Nuance No. 4
return money for a product of proper quality if a similar product is not on sale on the day the consumer contacts the seller (Clause 2 of Article 25 of the Law “On Protection of Consumer Rights”).
Terms of return and exchange of goods
The buyer has the right to return the goods or exchange the goods, as well as make claims only if the deadlines provided by law are met. The maximum (maximum) terms for returning or exchanging goods depend on which category the product belongs to - the category of proper quality or inadequate.
Terms for returning or exchanging goods of good quality
The buyer has the right to make a claim, exchange or return goods of proper quality within fourteen days (i.e. Saturday and Sunday, as well as holidays are also considered), not counting the day of its purchase (clause 1 Article 25 Consumer right to exchange goods of proper quality quality).
The consumer has the right to exchange the product for a similar one on the day of contacting the seller. If a similar product is not on sale on the day the consumer contacts the seller, the consumer has the right to refuse to execute the sales contract and demand a refund of the amount of money paid for the specified product. The consumer's request for a refund of the amount of money paid for the specified product must be satisfied within three days from the date of return of the specified product. By agreement between the consumer and the seller, an exchange of goods may be provided when a similar product goes on sale. The seller is obliged to immediately inform the consumer about the availability of a similar product for sale (clause 2, Article 25 The consumer’s right to exchange goods of proper quality).
Terms for returning or exchanging goods of inadequate quality
The buyer has the right to make a claim, exchange or return goods of inadequate quality:
- During fifteen days in relation to to technically complex products (Resolution of the Government of the Russian Federation dated November 10, 2014 No. 924). After this period these requirements are subject to satisfaction in one of the following cases (Article 18 of the Law “On Protection of Consumer Rights”):
- detection of a significant defect in a product (section “Significant defect in a product (work, service), defect in a technically complex product” of Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 28, 2012 N 17 “On consideration by courts of civil cases in disputes regarding the protection of consumer rights”);
- violation of the deadlines established by this law for eliminating product defects;
- the impossibility of using the product during each year of the warranty period in total for more than thirty days due to repeated elimination of its various deficiencies.
- During the warranty period or expiration date . In relation to goods for which warranty periods or expiration dates have not been established, the consumer has the right to make these demands if defects in the goods are discovered within a reasonable time, but within two years from the date of their transfer to the consumer, unless longer periods are established by law or contract. (Article 19 of the Law “On Protection of Consumer Rights”)
If a consumer discovers defects in a product and submits a demand for its replacement, the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) is obliged to replace such product within seven days from the date of presentation of the specified demand by the consumer, and if necessary, additional verification of the quality of such product by the seller ( manufacturer, authorized organization or authorized individual entrepreneur, importer) - within twenty days from the date of presentation of the specified requirement (clause 1 Article 21 Replacement of goods of inadequate quality).
ATTENTION! If you want, for example, to return a defective product and get your money back, and the seller insists on conducting an examination, then the store is given a maximum of 10 calendar days to do everything (Article 22 of the Consumer Protection Law). If you decide to exchange a defective product for a quality one, then even taking into account the examination, the period for fulfilling your request should not exceed 20 days (Article 21 of the Consumer Rights Protection Law).
Procedure for returning money for goods (step-by-step instructions)
Before demanding a refund for a purchased product or exchanging it for a similar one, make sure that you have the right to do so; to do this, carefully read the previous two sections of this page.
So, if your product is subject to exchange or return and the deadlines provided by law have not been violated, then here is what you need to do:
- You must contact the seller with a request to exchange the product or return the money;
- If the seller refuses to exchange, formalize this request in writing and hand it over to the seller’s representative against signature. Attach all necessary documents (receipt, warranty card) to the written request. A sample application is usually available in the store or from the director (administrator). It is written in two copies, one of which is given to the seller, and the other remains with the buyer. The application must indicate:
- full name of the seller (organization);
- applicant’s details – passport, place of residence, contacts (telephone, email);
- information about the product (number, article, description, receipt amount);
- in detail - the reason for returning the purchase;
- requirements for the store (reduce the price and return the difference, as well as exchange for money);
- date and signature.
- The seller to whom the claim is submitted is obliged to inform the rules and the deadline for reviewing the document. Next, register the receipt of the goods along with the cash receipt for it. The buyer receives an invoice, which confirms that he has handed over the purchase. If the seller refuses to accept it, then you need to send an application by mail with notification;
- If the seller refuses to change the product, it is necessary to go to court;
- The seller has the right to draw up a product inspection report to document defects and defects. In this case, the applicant needs to read the drawn up document and sign if he agrees with its contents. It is advisable to take a copy of the act for yourself;
- Also, if the seller accepted the goods of inadequate quality and ordered an examination, you must wait for its result;
- Familiarize yourself with the results of the examination, and in case of disagreement, require the seller to conduct an independent examination;
- If, even after the examination, the seller refuses to change the product, then it is also worth going to court;
- If there are no controversial issues, the general period for a refund is 10 days. Funds can be returned in cash. But by agreement with the store, especially if the buyer paid with a card, the money is sometimes transferred to it.
Useful links on this topic
Since this topic has various options for the development of events, we will also provide you with useful links on the topic of refunds and exchange of goods by the buyer.
That's all! Now you know how to return money for goods and what terms for returning goods exist in 2019. We sincerely hope that this article answered all your questions! If something is not clear, and you doubt the integrity and law-abiding nature of the seller in Cheboksary, then use the legal consultation service, we will tell you what the deadline for returning money for the goods is in your case. In addition to answering questions, our lawyers can help with more complex matters - drawing up a pre-trial claim and representing interests in arbitration court. Thank you very much for your attention!