Is it possible to return a custom product of proper quality?

Returning goods purchased to order

Returning goods to order according to the law

As is known, as a general rule, the consumer has the right to refuse non-food products of adequate quality. However, the Law introduces a ban on the return of individually defined items if they can be used exclusively by the consumer purchasing it.

Returning goods purchased to order

under a product purchase and sale agreement. Thus, the Government of the Russian Federation has approved the list of goods indicated above that cannot be returned or exchanged, which include, among other things, construction and finishing materials (linoleum, film, carpeting, etc.) and other goods sold by the meter.

Is it possible to return a custom item?

Preservation of presentation (factory labels, stickers, labels, protective films must be in place);
No traces of use;
It is not a technically complex product that is covered by a warranty;
Not included in the list of goods of good quality that cannot be returned;
The buyer has retained a receipt or other documentation confirming the fact of purchase.

Returning goods purchased to order

Consumer rights when purchasing goods of inadequate quality The legislation of the Russian Federation does not provide for any specific protection of consumer rights when purchasing goods of inadequate quality remotely. The consumer has the same rights as during a regular retail purchase of goods (clause

Returning goods to the online store

The activities of each online store are regulated by the Federal Law “On the Protection of Consumer Rights”. It states that trading on the global network is called remote trading. The buyer does not have the opportunity to obtain information about the product by inspecting it, and therefore online stores must provide a complete description of the product that is offered for sale.

Rospotrebnadzor (booth)

If a product that was purchased by the buyer as a result of a preliminary individual order, before which the buyer was familiarized with its characteristics, meets the quality requirements and has no defects, the buyer does not have the right to refuse to purchase it. Even if he was not satisfied with the purchase.

Is it possible to return a product made to order?

make colored grout or add elements of a suitable color to the walls; custom orders cannot be exchanged. custom-made goods cannot be exchanged; this is contrary to the Law on the Protection of Consumer Rights, there is no such clause. Individual order? Or ordered according to the current assortment program, from a catalog, for example?

Return of goods of proper quality upon order

1) if the seller does not transfer or refuses to transfer to the buyer related documents or documents that he must transfer in accordance with the law, other legal acts or the purchase and sale agreement, the buyer has the right to refuse (Article 464)

Return of Goods Brought to Order

The law tells us that goods whose characteristics correspond to those declared, selected by the client independently or brought to order are not subject to return or exchange. The right of exchange remains, based on which the consumer has the right to exchange the product item for a similar one at the place of purchase.

How to return a product purchased in an online store

Purchasing goods on the Internet falls under the definition of “distance trading” (DT) and is regulated by the “Rules for the sale of goods by remote means”, approved by Decree of the Government of the Russian Federation No. 612 of September 27, 2007. (hereinafter referred to as the Rules), Law of the Russian Federation No. 2300-1 “On the Protection of Consumer Rights” dated 02/07/1992. (hereinafter referred to as the OZPP Law) and other legislative acts.

Is it possible to return custom-made furniture?

return of the full cost of defective products and termination of the purchase and sale;
eliminating identified deficiencies at the expense of the selling party;
carrying out an exchange for a similar product with proper quality;
recalculation of the price of defective furniture taking into account defects.

Return of goods purchased to order according to the law between legal entities

No. 160 “On approval of clarification on certain issues related to the application of the Law of the Russian Federation on the Protection of Consumer Rights.”) All rights and obligations stipulated by the Law on the Protection of Consumer Rights do not apply in the event of the purchase of goods by a non-consumer. but are considered separately, according to agreements between the parties. FOR INDIVIDUALS If you are an individual and bought a cartridge for your own use, then your relationship with the seller is governed by the Consumer Rights Protection Law. The purchased product is of inadequate quality The purchased product does not correspond to the stated characteristics The purchased product does not correspond to what was ordered. For questions about returning or exchanging goods, please contact the store operator by phone: +7(495) 374-89-96, 8(800) 500-13-82; send your claim to the email address [email protected] ; submit a written application to the address: Moscow, 3rd Krutitsky lane.

Product to order

Those. I specifically, at her request, invested my money in winter shoes in the spring. The amount is large. She returns the product in good quality because it is too small for her. Although this cannot be true, she also bought other shoes for 37, and suddenly 7 is too small for her. Although I am 37, and I wear this model in size 6.

Return of goods ordered according to samples

You can refuse to purchase the ordered item at the time of actual receipt for reasons beyond the control of the store (i.e. the courier arrived on time and the delivery was of proper quality). In this case, you reimburse the company’s expenses for delivery, assembly, lifting to the floor and other costs in the amount of 300 rubles (Article 497.

Grounds for returning individual goods

Will it be a violation of the seller's rights to refuse to return an item if it is custom-made? Of course, such a question should be addressed to lawyers who are able to quickly assess the current situation in a particular case. In other words, everything will depend on the complexity of the product characteristics and the specifics of the pre-order. The buyer must necessarily and in advance know about all the properties of the product and its purpose, which is confirmed by the signature in the specification attached to the contract.

There are quite a lot of unmotivated refusals on the part of buyers, which forces manufacturers to find legal opportunities to protect themselves. The reasons for such refusals may be different, including personal motives of the buyer not related to the quality of the product. Often, these cases occur when the buyer places an order for the product he needs remotely, since the color rendition here is not always ideal, the texture turns out to be different, etc.

Law “On the Protection of Consumer Rights” No. 2300-1 of February 7, 1992, which is the regulator in this area of legal relations, indicates that a product with individually defined properties, if it can be used exclusively by the person purchasing it, cannot be returned . In addition, the legal basis for this issue is contained in the norms of the Civil Code of the Russian Federation, as well as Decree of the Government of the Russian Federation No. 924. Important points in such situations, to which the courts pay close attention, are: mandatory familiarization of the buyer, including his agreement that the order being manufactured falls under the custom category, i.e. made according to individual parameters; as well as satisfactory quality, which must be reflected in the contract or offer.

In this case, the right decision would be to consider a specific situation where the buyer placed an order, focusing on the specific sizes, dimensions, style, processing and packaging (individual features of the product) that he specifically requires. Then, when the product was manufactured in compliance with all the points and delivered to the recipient by the carrier, it suddenly turned out that the buyer himself had made a mistake in the measurements, and had also chosen the wrong shade of color, in other words, the product did not suit him. Can the buyer return the said item if the seller refuses to pick it up?

In what case will he be able to:

1. The seller did not transfer the accompanying documents or accessories with the order, the transfer of which is enshrined in law and must be carried out without fail.

2. The product does not have characteristics unique to it, and equally can be used not only by the person who contacted the manufacturer with an individual order for its production.

3. The products turned out to be of inadequate quality, i.e. has visible defects (defects).

4. The product position is in mass demand, i.e. the seller is able to sell the product to another buyer (a product that does not have serious specifics).

5. The buyer was not provided with reliable information about the main consumer properties of the product, the place of manufacture of the product, the price and conditions of purchase (delivery, expiration date, etc.).

When is it not possible to make a return?

Products purchased on a preliminary individual order, subject to full familiarization with all the features of its characteristics, cannot be returned. An important circumstance in this regard is the presence of the specified quality with the absence of visible defects, as well as the fulfillment of all points discussed in advance when placing an order.

Important! In case of proper quality of a product manufactured according to individual parameters, it is necessary to prove that the buyer is aware of all its distinctive properties, as well as all the conditions for fulfilling the order.

What does judicial practice and business customs say?

In court, there is no basis for making a positive decision regarding the buyer to return the goods if he did not see the goods before purchase. Today, digital technologies have taken a rapid step forward, and distance trading is only gaining momentum. Custom-made goods that are targeted at a specific client, as a rule, by decision of the judicial authorities, remain with the client.

An important circumstance is the client's awareness. Many plaintiffs (buyers) appeal to the fact that no contract was concluded with them, i.e. an agreement was not signed in which the party receives a description of the individual properties of the manufactured products. However, today on almost any website, if a product is ordered online, the seller (manufacturer) places an offer that contains the essential terms of the contract, which is legally equal to the signed agreement. When the buyer pays for the goods, he confirms the fact of acceptance of the offer.

Art. 435 of the Civil Code of the Russian Federation clearly indicates that any person has the right to agree to an offer and consider himself to have entered into an agreement. There is no explanation in the legislation as to what category (type) such an agreement should be classified as. In other words, a public offer may contain both an offer to purchase a product (purchase agreement) and its manufacture (contractor agreement). The main thing is that the offer contains the essential terms of the contract and, in this case, payment for the goods (order) will obviously indicate that the parties to the offer-contract have fulfilled the agreement, which recognizes the validity of the agreement.

Thus, if the terms of the offer contained all the information on the individually defined characteristics of a particular product, then the seller is able to prove the fact of providing the necessary information to the buyer, as well as protect himself from the consequences of an unmotivated return of manufactured products that have complex specifics.

How to return an item to a store

Every time a citizen makes a purchase, he hopes for the integrity of the manufacturer, that the purchase will be of adequate quality and will serve for many years, but it is difficult to predict this. Sometimes it happens that the seller offers a low-quality product. The reason for this may be a manufacturing defect, improper storage or handling before it falls into the hands of the buyer. Then you should exchange the purchased product for a new one or return the money.

On the consumer side, you need to clearly know your rights regarding this issue so as not to be deceived and have the opportunity to go to court if faced with a violation of these rights.

How to return an item to a store

The law specifies two groups of rights:

The first includes the rights to all information regarding the product to determine the feasibility of the purchase. Every citizen who makes a purchase has the right to know the characteristics of the product, both technical and quality, properties, composition, duration and conditions of sale.
The second group includes the rights of those people who have already made their purchase and are its full owners. In accordance with Russian legislation and the law “On the Protection of Consumer Rights” dated February 7, 1992, the buyer has the full right to exchange goods that he did not like for a new or similar one. You can return a product even if you liked the quality, but if it is not suitable for some personal reasons (size, type, dimensions, color, shape, etc.). The return period is two weeks, not including the day of purchase.

Important! The purchased product must not be a food product and be included in the list of those products that cannot be returned or exchanged.

This list includes:

Medicines or items for the prevention of diseases for home use (metal, textile, rubber and others that are used for hygiene procedures and maintaining sanitary conditions, medical devices and apparatus, also oral care products, contact lenses, child care items) .
Products used in personal hygiene (artificial hair, hair care products, toothbrushes and other similar products).
Perfume and cosmetics.
Wires and other cables.
Materials for construction and finishing, other materials that are produced by the meter.
Lingerie and stockings.
Products made of plastic that come into contact with food in one way or another.
Household chemicals, household goods.
Furniture and accessories for it.
Jewelry made of gold and other precious materials and stones.
Related products and accessories for cars and motorcycles, agricultural machinery.
Weapons: civilian, service, and elements for them.
Animals and plants.
Publishing goods (books, magazines, brochures, sheet music, calendars, storage media).

Is it possible to return a custom product of proper quality?

It is also possible to return a custom-made product of proper quality, but then several strict conditions must be met; if they are violated, the product cannot be returned:

the product must not be in use;
the product must retain all factory tags, labels and unique properties;
there is a document for the purchase of goods (receipt, check or receipt), but if this document is lost, according to the law, the citizen does not lose the right to return.

Important! If the product cannot be picked up at the time of exchange, then the cash equivalent is returned or the exchange is carried out immediately after the new product arrives at the store.

Is it possible to return paid goods?

Yes, the law states that buyers have the right to return goods of inadequate quality or demand payment of money if a similar product is not available at the time of contacting the seller.

After how many days, according to the law, the seller is obliged to pay the money

It has been established that refunds must be made within 3 days from the date of the dissatisfied customer’s request.

In Russia, the return of goods without a receipt occurs in accordance with Article 25 of the law on the protection of consumer rights. In such a situation, the buyer must confirm the purchase with testimony. However, in life this is rarely resorted to, since such norms do not work. The reason for this is that the manufacturers themselves or their intermediaries rarely make concessions to the consumer if a defect is discovered without documentary proof of purchase. Then you should be ready to defend your rights in the specialized service of Rospotrebnadzor or even in court.

In most cases, citizens are interested in whether it is possible to return a product without a receipt due to the fact that the product was purchased in an online store. More on this below.

Exchange for analogue

How to return a product in an online store

Recently, more and more people prefer to make purchases in online stores. They are attracted by low prices, variety of choice, and ease of delivery. Such trade relations are also regulated by law (Article 26 of the Law of the Russian Federation). The process of returning to a store of this kind is no different from the usual one. However, there are several nuances that are worth remembering. Thus, an item purchased online can be returned within a week or rejected upon receipt. In the second case, there is no need to give reasons for refusal.

Additional Information! The government took into account the fact that the buyer may not be aware of legal matters and made it possible to extend the return period to three months, but only if the seller himself did not indicate the return and exchange periods in writing in the contract.

The period when the buyer can get the money back is ten days. They can be returned either to the post office through which delivery was made, or to the bank through which payment was made. At the same time, the buyer must be refunded not only the full cost of the goods, but also delivery costs. According to the fourth paragraph of Article 26, a ban on refusal is imposed if this product can only be used by a specific buyer in the future. This means that the product has certain individual properties (this applies to the return of a quality product).

All information regarding the relevant operations must be specified in the contract or in a special section for using the online store located on the main page of the online resource. The absence of such data gives reason to doubt the integrity of the seller and the quality of his goods, since the law obliges to post information about a future transaction in the public domain.

In the modern world, it is important to be aware of your rights so as not to be deceived under any circumstances. You need to remain vigilant and take a responsible approach to choosing and purchasing goods, regardless of where the purchase is made, on the Internet or not. It is recommended to pay attention to the appearance, quality and presence of defects in the product.

It is recommended to keep the receipt until the deadline for returning the product or exchange has passed. When purchasing online goods, it is recommended to take a responsible approach to choosing a seller and not to chase a low price. It’s better to review it several times and make sure of the quality than to start a conflict with the seller in the future.

Can I return a custom item?

The rules for returning goods, in particular those made to order, are regulated by the provisions of the Law “On the Protection of Consumer Rights”. In this article we will answer the following questions: is it possible to return a custom-made product? how to do this correctly? What should I do if I receive a refusal?

Is it possible to return?

The PZPP, which regulates the exchange of goods between the buyer and the seller, does not say that goods made according to the buyer’s individual order cannot be exchanged or returned. Those. they are subject to the same return rules presented in Article 25 of the Law as for consumer goods.

Thus, in accordance with Article 25 of the PZPP, the buyer has the right to return the ordered product back to the seller within fourteen days from the date of purchase, provided that it does not suit him in shape, style, size, color, dimensions or configuration.

In this case, the product itself must meet the following return requirements:

Preservation of presentation (factory labels, stickers, labels, protective films must be in place);
No traces of use;
It is not a technically complex product that is covered by a warranty;
Not included in the list of goods of good quality that cannot be returned;
The buyer has retained a receipt or other documentation confirming the fact of purchase.

If all of the above requirements are satisfied, the buyer can return the ordered product to the seller.

When is a return not possible? When it is included in the list of goods of good quality that cannot be returned.

If there are no defects

Example: a buyer ordered a kitchen with individual measurements and colors, but after delivery he discovered that it did not harmonize with the wallpaper, flooring and other pieces of furniture. The buyer is puzzled and decides to return it back to the store. He can do this if:

No more than two weeks have passed since the purchase;
The kitchen is a single piece of furniture;

The kitchen has not been unpacked, in other words, its presentation is not damaged;
The kitchen has no signs of use (no scratches, dents, stains, etc.);
The buyer kept all the documentation for the kitchen (receipts, receipts, warranty cards, etc.).

When returning a custom-made kitchen, the buyer may demand in exchange:

Replacing it with one that is similar in cost but meets his needs;
Replacing it with a completely different kitchen, with recalculation of the cost;
Termination of the purchase and sale transaction with subsequent return of the full cost of the kitchen;

There are defects identified

If the ordered product has any defect or shortcoming (for example, the seller inattentively accepted the order and produced the product that does not meet the buyer’s requirements), the buyer can return it:

during the first 15 days;
within the warranty period established by the seller;
within two years, if such a period is not established;

In return, he has the right to demand:

Replace the product with a high-quality analogue;
Replace the product with a completely different one, recalculating the purchase price;
Eliminate the defect at the expense of the seller himself, within the framework of the current warranty;
Reduce the cost of the order due to an identified defect with subsequent payment of monetary compensation to the buyer;
Refund the full cost of the ordered product in exchange for its return.

Features of the procedure

In order to return a custom product of proper or inadequate quality, the buyer will need the following list of documents:

Passport;
Completed application for return of ordered goods (in two copies);
The product itself;
Warranty card (if available);
Check.

When the buyer comes to the seller, he must provide him with the entire listed list of documents + the product itself.

If a defective product is returned to order, the seller may order an independent examination that will identify the root cause of the defect. If it turns out that the buyer himself damaged the goods, the return/exchange will be refused. In addition, he will have to pay the cost of the inspection.

If a refusal is received

If, despite complying with all return requirements, the seller still refuses to satisfy the buyer’s request, the buyer must report this to one of the relevant regulatory authorities:

Sample documents

By clicking on the link, you can download the necessary sample documents:

return of goods of proper quality brought to order

Please tell me, is it possible to return goods of proper quality brought to order? The wallpaper delivered from South Korea fully corresponds to the sample in the catalogue.

Lawyers' answers

Good morning, Tatyana Alexandrovna.

Were there any characteristics of the wallpaper in the catalogue? By what criteria did you determine that they are not of adequate quality?

if the pattern is smeared, there are tears in the wallpaper, the material from which it is made does not correspond to what is specified in the catalogue, you can return the wallpaper even if you have removed the packaging.

Contact the store in writing with a statement that the wallpaper is defective and you want to return it. If the store refuses you, you will have to contact an expert and do an examination. If there really is a defect, the cost of the expert’s opinion will be borne by the store.

In this case, upon return, you will have the right to exchange the wallpaper for others of similar price. If nothing works, only then will there be a question of returning the money spent.

If you have any more questions, please contact us.

Cost of services: 500 rub.
consultation. The cost of the document depends on its complexity. You can thank for the answer as follows:
R413394161505

Wallpaper of GOOD quality. FULLY meet all specifications. I'm a seller, the buyer just changed his mind, because... the wallpaper does not match the photo from his phone taken by him from the catalog in the store (in the store there is a catalog with natural samples of wallpaper). The buyer does not want to hear that a photograph can distort the color. Although the wallpaper was chosen directly in the store ACCORDING to the CATALOG, and not from a photo.

Article 25 of Federal Law No. 2300-1 says:

1. 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 is not suitable 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.

2. If a similar product is not available for sale on the day the consumer contacts the seller, the consumer has the right to refuse to execute the 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.

I'm sorry, but if your buyer decides that the wallpaper is not suitable for him and makes a statement within 14 days from the date of purchase with a request for a refund, the money will have to be returned or an agreement on an exchange for a similar product of a different color, provided that the wallpaper was not packaged damaged.

If you have any more questions, please contact us.

Cost of services: 500 rub.
consultation. The cost of the document depends on its complexity. You can thank for the answer as follows:
R413394161505

but there is a point somewhere about GOODS BROUGHT TO ORDER! Moreover, the product corresponds to ALL DECLARED CHARACTERISTICS! What about this situation?

1. A retail purchase and sale agreement may be concluded on the basis of familiarization of the consumer with the description of the goods proposed by the seller through catalogues, prospectuses, booklets, photographs, means of communication (television, postal, radio communications and others) or other means excluding the possibility of direct familiarization of the consumer with the product or sample goods when concluding such an agreement (remote method of selling goods) by methods.

3. At the time of delivery of the goods, the consumer must be provided in writing with information about the goods provided for in Article 10 of this Law, as well as information provided for in paragraph 4 of this article about the procedure and timing for returning the goods.

4. The consumer has the right to refuse the goods at any time before its transfer, and after the transfer of the goods - within seven days.

If information on the procedure and timing for returning goods of proper quality was not provided in writing at the time of delivery of the goods, the consumer has the right to refuse the goods within three months from the date of delivery of the goods.

Return of a product of proper quality is possible if its presentation, consumer properties, as well as a document confirming the fact and conditions of purchase of the specified product are preserved. The consumer’s absence of a document confirming the fact and conditions of purchase of the goods does not deprive him of the opportunity to refer to other evidence of the purchase of goods from this seller.

The consumer does not have the right to refuse a product of appropriate quality that has individually defined properties if the specified product can be used exclusively by the consumer purchasing it.

If the consumer refuses the goods, the seller must return to him the amount of money paid by the consumer under the contract, with the exception of the seller’s expenses for delivery of the returned goods from the consumer, no later than ten days from the date the consumer submits the corresponding demand.

Do you mean exactly this point? But the wallpaper was not created specifically for the client, they were selected from a catalog.

The buyer can return the product. But you will have to argue about the shipping costs, considering that you also spent money on shipping wallpaper from another country.