What should you do if the store sold an expired product: is it possible to return the product without a receipt?

The law is on the buyer's side when purchasing expired goods

Of course, the sale of expired goods is prohibited by current Russian legislation. However, not all retail outlets comply with this requirement and withdraw from trade circulation goods that have expired.

We list what laws and legal acts regulate the sale of goods and also control the sale of expired products. You can refer to them to prove your rights as a consumer.

Description: what to write in a complaint?

Article 5 of the Law of the Russian Federation “On the Protection of Consumer Rights”

Paragraph 5 of this article states that the sale of goods after the expiration of the established expiration date, as well as goods for which an expiration date should be established, but is not established, is prohibited.

Clause 1, Article 18 of the Law of the Russian Federation “On Protection of Consumer Rights”

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It is stated that the consumer has every right, if defects are found in a product, to demand a replacement of a product of the same brand or a refund (clause 1). In this case, the lack of goods is expired.

Clause 5, Article 18 of the Law of the Russian Federation “On Protection of Consumer Rights”

When the consumer does not have a receipt or other document certifying the fact and conditions of purchase of the goods, this is not a basis for refusal to satisfy his requirements (clause 5).

Expert opinion

Makarov Igor Tarasovich

Legal consultant with 8 years of experience. Specialization: criminal law. Extensive experience in document examination.

The seller (manufacturer), authorized organization, importer are obliged to accept goods of inadequate quality from the consumer and, if necessary, check the quality of the goods. The consumer has the right to participate in checking the quality of the product.

Clause 2, Article 3 of the Law of the Russian Federation No. 29 “On the quality and safety of food products”

This law provides for the requirements and quality standards applicable to food products. According to it, products, materials and products whose expiration date has expired are considered to be of poor quality and dangerous and cannot be sold! In addition, such products pose a real, immediate threat to human life and health.

Such goods are disposed of or destroyed.

The seller or owner of low-quality and dangerous food products, materials and products is obliged to remove them from circulation independently or on the basis of instructions from state supervision and control authorities.

“Rules for the sale of certain types of goods.” Established by Decree of the Government of the Russian Federation No. 55. May change annually

When selling food products, the seller or the company selling them must provide the buyer with the following information:

Name of product.
Name and location of the manufacturer of the goods.
Information about the composition and nutritional value of the product.
The name of the ingredients included in the products, including food additives and genetically modified organisms.
Quantity of food products.
Purpose and scope.
Contraindications for consumption in certain diseases.
Methods of preparing food products.
Information on product production standards (GOST, TU).
Date of manufacture, date of packaging and expiration date of food products.
Conditions for storing food products.

If any of these items are not on the product, including the expiration date, then you have every right to exchange/return it.

In addition, at the buyer’s request, the seller of food products is obliged to familiarize him with the certificate or declaration of conformity (or a certified copy), or with the shipping documents, which must contain traceability of the movement of goods from the manufacturer to the consumer.

Article 7 of the Law of the Russian Federation “On the Protection of Consumer Rights”

The consumer has the right to purchase a product that is safe for life and health. If it has been established that a product causes or may cause harm to the life, health and property of the consumer, or the environment, then the manufacturer/performer/seller is obliged to immediately suspend its production and sale.

Suspension of production occurs until the causes of harm are eliminated, and if necessary, measures are taken to withdraw the product from circulation based on consumer feedback. It is according to this law that you can also demand to suspend the activities of an organization selling expired products.

Article 25 of the Law of the Russian Federation “On the Protection of Consumer Rights”

If the consumer does not have a sales receipt, cash receipt or other document confirming payment for the goods, he can refer to witness testimony. It doesn't matter whether a relative is a witness or not.

The document specifies the requirements for the conditions of production, storage, transportation and sale of food products, as well as expiration dates for each group of goods.

Federal Law No. 52 “On the sanitary and epidemiological welfare of the population”

The law provides for legal acts establishing sanitary and epidemiological requirements, including criteria for the safety and harmlessness of environmental factors for humans, hygiene standards, non-compliance with which creates a threat to human life or health, as well as the threat of the occurrence and spread of diseases (Article 1).

This law also provides for obligations to comply with sanitary rules (Article 39) and legal liability for violations of them (Article 55).

This law speaks for itself. It describes the requirements and standards in detail.

As you have seen, the law is on the side of the consumer/buyer, so don’t be afraid to prove your rights!

Best before date

The period after which a product becomes unsuitable for its intended use and dangerous to human health is its expiration date (clause 1 of article 472 of the Civil Code of the Russian Federation, clause 4 of article 5 of Law No. 2300-1).

The shelf life of the product is calculated from the date of its manufacture. This is the date before which the product is suitable for use, or the period of time during which the product is suitable for use (Article 473 of the Civil Code of the Russian Federation, paragraph 2 of Article 19 of Law No. 2300-1).

The sale of expired products is prohibited. It is withdrawn from circulation and subsequently subject to disposal or destruction (clause 2 of Article 3 of Law No. 29-FZ of January 2, 2000 “On the quality and safety of food products”, hereinafter referred to as Law No. 29-FZ).

When a supplier takes back a product that has not been sold before its expiration date, the original seller becomes the buyer and the original buyer becomes the seller. Such an operation should be considered as a sale of goods, which is independent and subject to taxation in the generally established manner (letters of the Ministry of Finance of Russia dated June 27, 2008 No. 03-03-06/1/373, dated May 24, 2006 No. 03-03-04 /1/475, Federal Tax Service of Russia for Moscow dated June 26, 2007 No. 20-12/060196).

The retailer, when returning a product, includes in taxable income the amount received from the sale of the specified product. The cost of the returned item can be charged as an expense.

How to confirm the validity of expenses, see Berator

A supplier who, under a supply agreement, accepts expired goods has two options: dispose of it or destroy it.

Contact the seller or manufacturer:

First, you need to record the fact that the goods are expired. You can take a photo showing the date when you discovered the damaged product.
Be sure to save the receipt—and, if possible, have witnesses sign your claim.
Write a statement of claim. In it, be sure to indicate the requirements - replace the product, return the funds, remove from sale another expired product of the same type.
Receive a receipt confirming your request has been accepted.
Wait for the seller's decision in writing. Don't wait weeks for an answer. Issues regarding delays are resolved immediately!

The application, handwritten or typed on a PC, is initially sent to the seller or company selling the expired product.

You can file a claim in several ways:

Personally. Of course, this is the best option, since the seller has no right to refuse you and not accept the document. Ask him to write a receipt stating that he received the paper. Usually in confirmation they write “received the claim” and put a date and signature.
By mail. To avoid misunderstandings, send a registered letter to the company, as a simple letter will not be of any use. The seller will accept it, read it and forget that he received it. The claim is made in the same way as in the previous version. But you won’t receive a receipt from the seller. Confirmation will be a notice issued by mail showing that it has been delivered to the recipient.

If the seller refuses to comply with your demands, for example, to remove an expired product from sale, return the money for your purchase, or replace it with a suitable one, then you can proceed to contacting supervisory and control authorities.

You can even without a receipt:

Contact the seller and show the product.
Indicate that it is expired.
Prove that you purchased it in this store. For example, refer to witness testimony or video filming conducted on the territory of the retail outlet.
Demand that you accept the defective product and return the money for it.
Ask to replace the product with a suitable one.

According to the law, the seller or company selling expired goods is required to conduct an examination confirming the poor quality of the goods and accept the products.

You may not get your refund immediately.

If the seller decides to wait for the expert’s decision, then it is better for the consumer not to wait, but to contact Rospotrebnadzor directly. Then the issue will be resolved faster.

Is it possible to return spoiled cheese without a receipt?

How to return goods without a receipt: features of the procedure However, its role can be performed by any other document that can confirm payment. We are talking about any operating instructions, receipts, registration certificates, user manuals, etc.

The main thing is that the document contains information about the seller, that is, the organization that sold the goods, as well as the date when the purchase was made, what exactly was purchased and at what price. If such purchase documents are not available, the seller can help you and confirm that the product was purchased by you in this store.

How to return an item without a receipt? It often happens that when purchasing household appliances, clothing, shoes or other goods, the receipt immediately goes into the trash bin. And only at home it turns out that the purchased item has flaws, and its quality does not meet the buyer’s expectations.

Returning cheese, how to return cheese back to the store and get the money paid

If violations by a store are widespread, a citizen can contact the prosecutor’s office. Also, the basis for writing a statement to the prosecutor's office may be poisoning or other injury to health caused by a food product of inadequate quality.

Reasons for returning food products
Buyer's rights
Evidence of poor quality
Instructions for returning to a food store Contacting the seller
Making a claim
Receiving funds

In accordance with Art.

Returning a damaged product without a receipt

Attention Instructions 1 If you bought a low-quality product, do not delay returning it, hurry to the place of sale. And don't forget about the check. This is the main and most compelling document confirming the fact of the sale of low-quality goods. But what to do if the check is lost? It will be much more difficult to defend your rightness, but it is still quite possible.

2 Remember that when returning a low-quality product, a receipt is not required.

Facts confirming the purchase of goods, in addition to a cash receipt, include a receipt for a cash receipt order, a properly executed technical passport, an instruction manual, packaging elements and other documents that may contain information about the seller, the cost of the product and the date of its purchase.

Is it possible to return products without a receipt?

How to return products to the store Next, the buyer writes when (the exact date and time indicated in the receipt) the goods were purchased, in which store (the full address of the store and its name indicated on the sign or in official documentation). The name of the object of sale must be written in full, without any abbreviations, as it is indicated on the receipt. Important In the main part, the buyer outlines the essence of the problem that arose with the product. You need to write in sufficient detail, but without emotionally charged words and unnecessarily lengthy narratives.

It is worth focusing on the facts (the milk turned out to be sour; a foreign object was found in the cake). In a separate paragraph of the main part, it is worth mentioning the damage that the buyer received due to the consumption of a defective food product.

Here you need to write about a citizen’s illness or other damage.

Can I return a food product without a receipt?

Instruction 1 If you bought a low-quality product, do not delay returning it, hurry to the place of sale. And don't forget about the check. This is the main and most compelling document confirming the fact of the sale of low-quality goods. But what to do if the check is lost? It will be much more difficult to defend your rightness, but it is still quite possible.

2 Remember that when returning a low-quality product, a receipt is not required.

Is it possible to return a damaged product to the store without a receipt?

Can I return food to the store?

Are products returnable?
How can I return food products of proper quality?
How to write a claim containing a request for a refund for returned products?
How can I return defective products without presenting a receipt?

Are products returnable? According to Article 492 of the Civil Code of the Russian Federation, as well as the second article of the Federal Law “On the Fundamentals of State Regulation of Trade Activities in the Russian Federation”, food products are considered products that are suitable for human consumption. The Law “On the Protection of Consumer Rights” allows the buyer to refuse food products or demand the exchange of such products if he reveals their non-compliance with quality standards and sanitary standards.

Can I return a product without a receipt?

Here expenses are assessed (on medicines, doctors) and the approximate amount is written. Grounds and procedure for returning low-quality food products to the store. It is drawn up in 2 copies (one remains with the buyer) and contains the following information:

Full name of the buyer and information about the person to whom the claim is sent for consideration;
The essence of the problem (circumstances of purchase, the fact of detection of inadequate quality of the food product);
Demand (for the return of money, for the return of part of the money, for payment of compensation, etc.);
Appendix (documents are attached - sales receipt, expert opinion, etc.).
Mandatory details (signature, date of filing the claim).

Download the claim for returning the goods Receiving funds The response must be given within 10 days from the date of acceptance of the claim for consideration.

Is it possible to return cheese of poor quality to the store?

Is it possible to return a product without a receipt: 3 ways and 7 conditions Watch video from a surveillance camera? What if there is no camera? What if this video is not saved? The absence of a payment document is not a reason to refuse a client a refund of the funds spent. If you come across an overly stubborn seller or market owner, remind him that violating your consumer rights is punishable.

As an argument, you can cite the relevant articles of the law and the fines that violators will have to pay. Attention Here is information taken from the articles of the Law of Ukraine “On Violation of Consumer Rights”.

No. Important Law of Ukraine Article Grounds Punishment 1023 Art. 23 Part 1 Refusal to the consumer to exercise his rights provided for in Part 1 of Art. 8 and part 3 of Art. 10 of the Law of Ukraine Fine in ten times the cost of the goods (if the goods are inexpensive - in the amount of two or more tax-free minimum incomes) 1023 Art.

Returning food to the store

Returning low-quality food products You can refer to witness testimony and prove the fact of purchase from this seller. If you contact a retail outlet with a demand to return money for a low-quality product and receive a refusal, then the first thing you should do is submit a written complaint to the seller.

It is drawn up in 2 copies, one of which is signed by the seller or his representative, dated and signed on receipt. Returning products to the store The only exceptions may be sellers of small food kiosks who combine positions. Don't worry, be confident that you are right.

An experienced manager, seeing that you are determined, will most likely return your money or replace the product - out of harm’s way. If there is no mutual understanding, we will take the following actions: 1.

After reading this article, you will find out in just a couple of minutes whether you can return the cheese back to the store and get the money paid for it.

Source: https://02zakon.ru/mozhno-li-vernut-isporchennyj-syr-bez-cheka/

There are several ways to contact the authority:

The complaint is submitted in person. Make two copies so that you can keep one, signed by a specialist, as confirmation, and the second – send it to the authority.
By post . It is better to issue a registered letter.
Through the official website of the authority. You can send a letter by email or use the form on the website. Be sure to leave your contact information to get in touch!

Remember that anonymous requests are almost not considered, so indicate your initials and contacts.

Rospotrebnadzor, in turn, can send expired goods for examination to the Center for Hygiene and Epidemiology.

Expert opinion

Makarov Igor Tarasovich

Legal consultant with 8 years of experience. Specialization: criminal law. Extensive experience in document examination.

Department of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare for the City of Moscow

You can submit a claim through the website: https://77.rospotrebnadzor.ru/

Department of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare for St. Petersburg

Email email: This email address is being protected from spambots. You must have JavaScript enabled to view it.

You can also write a claim on the website: https://78.rospotrebnadzor.ru/

Almost all situations related to low-quality or expired goods end at this stage, since Rospotrebnadzor and regulatory authorities do not ignore such requests, and companies that have noticed deficiencies try to eliminate them immediately.

But, if you are suddenly denied by Rospotrebnadzor, then you should go to court . A statement of claim should be submitted to the court only after the issue has been resolved out of court.

Wait for a response from the company, Rospotrebnadzor - and submit along with the claim all documentation confirming the fact of delay.

Usually, through the court, you can return not only the money spent for low-quality, expired goods, but also all costs associated with evidence.

For example, if the examination was carried out at the expense of the consumer, and the seller’s guilt is proven, then the court will decide to recover the costs of the examination from the seller’s company.

Still have questions? Just call us:

Is it possible to return a product without a receipt to the store: legal aspect and return procedure

It happens that for some reason the recently purchased product did not suit you.

It is possible that the item turned out to be defective or simply does not match in size, color, style, material, upon detailed examination at home.

In such cases, the goods can be returned back to the store, but what if the receipt is lost or you accidentally threw it away? Is it possible to return a product or item without a receipt?

Let's consider various situations with returning goods without a receipt.

What goods is the seller obliged to accept?

The Law “On the Protection of Consumer Rights” is always on your side, so the product can be returned even without a receipt.

The seller is obliged to accept the goods if:

You have a purchase receipt.
The purchased product contains defects.
The appearance of the product is not damaged in any way and has no signs of use.
Do you have any document other than a receipt confirming the purchase.
More than two weeks have passed since the purchase of the product.
The product has not lost any consumer properties.

Official stores usually accept defective products without complaints, as they value their reputation. For such situations, there is always a store administrator or a special department. There you can leave a request for a refund.

Purchased products or products can be returned in two cases:

The product contains defects.
The product did not match the color, style, or size.

If the item purchased is of proper quality and does not contain defects, then getting your money back will be problematic. In such situations, the buyer is offered to exchange the product for another that meets the necessary requirements.

If you suddenly simply changed your decision to buy and regretted the money spent on emotions, then you can use a little trick. Indicate such parameters of the product that the seller cannot satisfy.

For example, if you bought a dress, then indicate in the application that it did not match the color, but the store does not have the required shade.

If the products are without receipts, other documents and packaging

In the case when you do not have a single document confirming the purchase of the product, and there is not even any packaging left from the product, you can take a witness with you who will confirm the purchase was made in the store.

For this reason, you should go shopping for expensive goods with a friend or relative.

Most often, the salesperson who helped you choose products or the cashier can act as a witness.

This happens if employees are not asked in advance in such situations to pretend that they are seeing the buyer for the first time. In large stores, problems with returning goods, as a rule, do not occur.

If you approximately remember the date and time of the purchase, the administrator will be able to see the presence of a cash transaction in the cash register. The receipt for the goods is given to the buyer, but all purchase data is entered into the cash register.

When purchasing an important and expensive product, try to be remembered by the seller. Ask him a few questions about your upcoming purchase.

So, in a situation where documents for products are lost, you can find a witness, and in court proceedings you will need at least two such people.

Procedure for products under warranty

The warranty card is one of the most important documents that can be used when returning or exchanging goods.

First of all, it gives you the right to return the defective item. This document indicates all the main characteristics of the product and service life.

During this time, the product must be in working order or retain all its inherent properties.

Before purchasing, be sure to check all fields in the warranty card: they must be completely filled out. Take the time to check the information provided by the seller.

Returning a defective product without a receipt

Usually in such cases there are no problems with returns or exchanges. Sellers and stores try to avoid litigation and, as a rule, value their reputation in the market. If you refuse to accept the defective product, you must go to court to conduct an independent examination, which will be paid for by the seller.

If the receipt for the product has not been preserved, then the following may serve as a document confirming the purchase:

tag or other factory marks;
product packaging;
price tag;
serial number;
warranty card.

Many stores keep strict records of goods, so it is quite possible to detect the purchase you made.

Be sure to involve witnesses who can confirm the fact of the purchase. This will make it easier to prove your case in court.

The witness may be a person with whom you went to the store together or even a salesperson who helps you choose a product.

Return of a quality unsuitable product

It happens that when you come home, you suddenly discover that the item you purchased does not suit you according to some parameters.

It is possible that the purchased product does not satisfy you in size, color, design, style, material, etc. In this case, you have the right to exchange the goods within two weeks.

To carry out the procedure, you must contact the store and provide any proof of purchase.

These could be tags, price tags, witnesses, packaging or any other document that confirms the fact that the product was purchased in a particular store.

Next, you will need to fill out a special application for an exchange of the item or a refund. Money for a quality item can most often be returned only if the item for exchange that meets your requirements is not available.

Often the store does not want to conflict with the buyer, and the item can be returned without any problems.

Indicate in your application such parameters that the product in this store cannot meet. This way you can not exchange the purchased item, but receive your money.

Is it possible to return a defective product without a receipt?

Application for return of goods

Sample claim for the return of goods of inadequate quality

Requirement to conduct an examination of the quality of goods

Let's figure out whether it is possible to return a defective product without a receipt. In this case, returning the product will be a little more difficult.

In addition to the application to return the product, you will need to write a claim and a request for an examination.

Such a procedure should take no more than ten days, and in a situation with an independent examination, no more than 21 days from the date of filing the application.

Many sellers begin to intimidate buyers by saying that the verification takes a very long time and so on. Such arguments can be ignored.

It is worth remembering that after determining the cause of the breakdown, the examination will be paid for by the party through whose fault the incident occurred. If during this it turns out that the goods were damaged due to your fault, you will have to reimburse the cost of the examination to the store.

If the examination shows that the breakdown was not your fault, the product will be repaired. The repair period is set by the store. They may also offer you a new, similar product or refund your money. This happens when the cost of repairs exceeds the purchase price.

The examination of a defective product is initially paid by the seller, not the buyer. Please pay attention to this fact when returning goods.

In addition, you can be present during the examination if you express such a desire, in order to avoid a set-up situation on the part of the store.

Procedure

How to return an item without a receipt to the store? Let's consider an algorithm that can be used in this situation:

Collect any documents that can prove that you purchased the product in the store you are contacting.
Take the purchased product and return it to the store where you made the purchase.
Ask for the necessary application form depending on the situation (application for a refund, exchange of goods, etc.). If the store does not have such forms, then write a statement by hand with a specific request.
You should not focus on the fact that you do not have a receipt for the goods.
If the product is defective or breaks during use before the warranty period, then write an application for an examination. Wait 10 days and contact the store again.
If you are denied a refund, you need to contact Rospotrebnadzor with a complaint. There they will investigate your case, check the organization and resolve the situation.
Bring witnesses if necessary to confirm the purchase.

Try to purchase expensive things in large and well-known stores. This way you can avoid problematic situations and fraudulent activities.

Non-returnable items

Not all items, products or items purchased are eligible for exchange. There is a list of goods that cannot be returned after purchase, namely:

personal hygiene products;
any medicinal products;
cosmetics and perfumes;
plants and flowers;
precious items (jewelry);
pets;
pieces of furniture;
textile products;
building materials sold by the meter;
magazines and other categories.

It is better to keep receipts for expensive things so that there are no difficulties if a conflict situation arises. This will make returning the product much easier. In any case, do not worry if the check is lost. There is always the possibility of returning the goods through another supporting document or witnesses.

Dear readers, the information in the article may be out of date, take advantage of a free consultation by calling: Moscow +7

, St. Petersburg
+7 (812) 309-71-92
or via the feedback form below.

Source: https://lawyer-guide.ru/prava-potrebitelej/mozhno-li-vernut-tovar-bez-cheka.html

Changes in compulsory medical insurance in 2021 - new tests in the list of free ones, new treatment rules

Food products are products that a person eats. Wherever we buy products: in a store, at a kiosk, at a market, in an online store, the goods offered for sale must always be of high quality.

If industrial goods can become obsolete during the season (according to these rules, for example, the return period for shoes is determined), then the shelf life of food products is calculated in months, and even days.

Therefore, the return of defective products is strictly regulated by law. Learn about your rights and use that knowledge when you go to the grocery store to shop.

The conditions of storage and sale of food products are controlled by the state trade inspection, Rospotrebnadzor, and committees for the protection of consumer rights operating in municipalities. Therefore, do not trust a sign in a store that says: “Items cannot be returned.”

When can you not return products to the store without a receipt?

According to the law, it is impossible to return a good-quality product for the sole reason that you change your mind about buying. The buyer does not have the right to return products for which there are no complaints about the quality.

If you have not yet paid for the goods, and the seller has already punched the receipt, then simply refer to the fact that you “forgot your wallet at home.” Using a return card, store employees will correct the fiscal values of the cash register, and you will calmly proceed to another store, or return to the same one after some time.

Only with the consent of the seller can you exchange the product for another product that is identical in value (but not cheaper, so as not to return money from the cash register). Buyers often wonder if it is possible to return a product without a receipt if it has expired?

After this period, claims regarding the quality of the products will not be accepted. Therefore, when choosing products, be sure to monitor the expiration dates and do not buy products that have only a few hours left before their expiration date. By the way, sellers try to put them in the forefront, remember this.

Damaged products can be returned to the store, even if you bought them, brought them home and opened the original packaging. If the seller refuses to immediately accept the product and return the money, you can immediately contact Rospotrebnadzor or the Consumer Rights Committee with this product. There you will need to fill out a statement indicating:

Details of the local branch of Rospotrebnadzor (or committee);
Address and contact details of the applicant;
Describe the situation in detail;
Indicate the exact name of the store, department, its full address;
Attach a cash receipt (if available);
Indicate your requirements (I ask you to conduct an inspection, determine the quality of the product, provide assistance in returning money or replacing the product, reduce the price proportionately, etc.).

If the receipt is lost, then the buyer has the right to return the product without a receipt , citing witness testimony and other circumstances proving the fact of purchasing the product in this particular store. In particular, such evidentiary arguments may include a video recording of the customer’s service (in those stores where the filming is taking place).

If the store sold a product with an expired expiration date (which can be tracked by the cash register receipt and the date of manufacture of the product indicated on the packaging), then the administration will be punished for violating the Trade Rules, and the damaged product will be returned to the store.

There is another way to protect consumer rights.

If the seller refuses to return the money for a defective product, you should write a claim in two copies and give it to the seller (the second copy with a notification of receipt must be taken and kept with you). Send the product for examination and obtain a conclusion on its suitability for human consumption.

If the seller refuses the claim received, then you should go to court with the following demands:

Hold the store administration accountable;
Refund money for expired or defective goods;
Reimburse the costs of conducting an independent examination and state fees;
Compensate for moral damages for the sale of substandard goods.

Friends, today we talked about the rules for returning food products. From another article, find out how to return a car to the seller, and what are the rules for returning perfumes. We are preparing the latest and most relevant information for you, stay in touch.

“I accidentally bought expired coffee at the store. I discovered this already at home. I didn't save the receipt. Can I get a refund for this product without proof of purchase, and where should I go?” - Svetlana

St. Petersburg regional public organization "People's control and legality"

“If you discover that you bought a low-quality product, and by this time the receipt has disappeared somewhere, you will still be able to return the purchase - it will just be more difficult. In this case, you will need to confirm the fact that the purchase was made by you and in this store.

As evidence, you can use, for example, pieces of packaging or a price tag with store markings.

The store can also take into account the testimony of the person who made the purchase with you. But be prepared for the fact that store employees can check this information using CCTV footage.

Expert opinion

Makarov Igor Tarasovich

Legal consultant with 8 years of experience. Specialization: criminal law. Extensive experience in document examination.

Svetlana, if I were you, I would, first of all, ask for a “Book of Reviews and Suggestions” and make an entry in it with a detailed description of the current situation, time, place and characters.

After this, you can demand from the seller to formalize the return of goods of inadequate quality. Refer to p.

5 tbsp. 18 of the Law of the Russian Federation dated 02/07/1992 N 2300−1 (ed.

dated 06/04/2020) “On the Protection of Consumer Rights”, according to which the consumer’s lack of a cash or sales receipt or other document certifying the fact and conditions of purchase of the goods is not a basis for refusal to satisfy his demands.

If the seller does not agree to a settlement and questions the fact that the defects of the goods arose through his fault, demand that he conduct a quality check of the goods (examination) - he must organize it at his own expense and within the time limits established by Art. 20, 21 and 22 of the above Law.

Moreover, according to the law, the consumer has the right to take direct part in the inspection and, in case of disagreement with its results, to challenge the expert conclusion in court.

But if the examination confirms that the defects of the goods arose due to circumstances for which the seller is not responsible, you will be obliged to reimburse the seller for the costs associated with conducting quality checks, as well as associated storage and transportation of the goods.

Usually, an open demonstration of knowledge of the Law and seriousness of intentions is enough for the seller to satisfy the legitimate demands of the buyer by accepting the goods for return and compensating the amount paid for products of inadequate quality.

Otherwise, the seller will face a trial with all the ensuing consequences, namely an inspection by Rospotrebnadzor and other institutions and organizations whose competence includes control over the activities of trading enterprises.

You also have the right to apply for an examination to the Center for Hygiene and Epidemiology of the district or city in which the store is located.

But keep in mind that during the inspection of the enterprise, specialists will take samples from those products that are on the shelves in the store, and not from those that you bring.

To summarize, I would like to recommend that you pay attention to the expiration date indicated on the packaging before paying for the products. Also, make it a rule to always wait for the cash receipt document and keep it at least until you bring the goods home and once again make sure of their proper quality.”

The buyer has the right to return expired goods to the store even without a receipt. According to Article 25 of the Law “On Protection of Consumer Rights”, a person who has purchased an unusable product may demand its replacement or refund. A simple sequence of actions will help you achieve justice.

What should a buyer do if he has an expired product in his hands?

Consumer rights advocates and Rospotrebnadzor experts are talking about a real pandemic of expired products in Russian stores. You can encounter unsuitable food not only on the shelves, but also in school and kindergarten canteens, even in restaurants. Some factories, in response to the crisis, stopped caring about the quality of their products.

Konstantin Okatiev from Kirov bought cervelat with an unusual filling in a large store. At the festive table, both children and guests ate sausage. In the morning, Konstantin called the meat factory where such a delicacy was produced. Half an hour later the buyer was called back and offered 500 rubles.

Konstantin was able to refuse such an offer. He took the sausage to Rospotrebnadzor. There the buyer was sent for examination. However, Konstantin was not welcome here either.

Rospotrebnadzor frankly admitted: by the time of the audit, all violations can be eliminated. In addition, sanitary doctors do not have the right to visit both product manufacturers and sellers too often, and sometimes they simply do not want to.

A small neighborhood next to the railway. At the end of the street there is a food market. But it is very difficult to find it yourself. These shopping arcades are never advertised anywhere. However, there are many buyers here in any weather. The main advantage of the market is the cheap prices for all goods.

From afar, this is an ordinary market; there are hundreds of them in Moscow. But if you walk through the rows, you can easily understand what is special about it: sour cream that expired 5 days ago or juice that should have been consumed back in June. There are vegetables, fruits and frozen fish. Garbage and goods that definitely cannot be sold are thrown around the corner. This dirt, unpleasant smell and expired labels do not bother either buyers or sellers.

As knowledgeable people say, all of Moscow, all supermarkets are in this. They just fake deadlines and sell the same thing. In Moscow warehouses they take expired goods and write new deadlines, then sell them.

It was not difficult to verify what was said. In a Moscow store, expired food is literally on every shelf. During the raid, police found dozens of expired packages of juice, yogurt and sliced cheese. However, the director of the supermarket denied even the obvious facts and said that the expired goods found in the store were an accident.

Because of such accidents, buyers end up in the hospital. In Voronezh, there are dozens of patients in the infectious diseases department of a hospital who were poisoned by low-quality products.

An entire family was hospitalized in Ulyanovsk. The day before we ate canned fish bought at the supermarket. At night, mother and daughter were taken to the hospital by ambulance. It’s still difficult for 18-year-old Elena to even speak.

Most often they are poisoned by canned food and dairy products that are not fresh. Doctors also know why this happens.

Galina Belyakova, head of the infectious diseases department of the Central City Clinical Hospital of Ulyanovsk: “Supermarkets put on the first line products that have an expiration date of today, and in the back they receive them today!”

Being vigilant and always paying attention to the expiration date is the only thing that can save the buyer from a low-quality product. If, however, the products turn out to be spoiled, experts advise contacting the consumer rights protection committee or the court.

Presenter: What to do if you accidentally bought expired products and, even more so, suffered because of them. Our rights will be explained to us by the lawyer of the Society for the Protection of Consumer Rights, Alisher Zahidov. We see a moldy cake in the store, swollen cans of canned food, and something else like that, what can we do?

Guest: First of all, pay attention to this seller. The conversation should be calm, not emotional, polite, correct and to the point. What should be the reaction after the consumer, the buyer pays attention? This product must be immediately withdrawn from sale from the shelves of this store.

Host: Even in our presence?

Guest: Even in our presence. If dialogue does not work out, there is a consumer corner in every store, in which there must be a Book of Complaints and Suggestions, always indicating this specific product. The person must leave detailed information about all the circumstances of the incident. We have such a structure - this is Rospotrebnadzor. Today, the main and main structure that monitors the sanitary qualities of trade, which in the next check looks through this book: who wrote what in it.

Host: We brought the food home, opened it: by looking, by smelling, by tasting, we understand what is spoiled, what do we do?

Guest: Calmly took everything, there is a receipt, there is no receipt, it doesn’t matter. It’s good, of course, if you still have it, but it happens that you don’t. Do not be shy. And it is advisable to take it to the store on the same day or, if this is not possible, put it in the freezer as a last resort. Because if you come to the store after 3-4-5 days, the first question from the seller or store director is: where were you before? Or maybe you had it all standing outside or in the sun, and naturally it deteriorated naturally.

Host: What if the label still has a normal expiration date, but the product is clearly no longer edible. On this basis, can they balk at the store?

Guest: Even if the expiration date for the product has not passed, and the product has already turned out to be damaged, this is an absolute reason to apply for a refund for the product sold to you of poor quality. Because very often there are violations of the rules for storing goods, this is for meat, for confectionery products, in particular for milk. Everything related to the protection of consumer rights, the responsibility of proving that your product is of proper quality lies with the store, with the seller. I don't have to prove anything. So I came and said: you sold me something bad. And they are obliged to prove that this is how the law works.

Host: A more difficult situation. The man was hungry, came, ate something sour, rotten, did not notice, got poisoned and ended up in the hospital. How can you prove that it was this product from this store that caused the harm?

Guest: First of all, it is necessary to collect written evidence, facts of contacting medical institutions. Having in hand all the written evidence of how much you spent on the hospital, on restoring treatment, you have the undeniable right to go to the store where you bought it so that you can be reimbursed. If they start to look confused and say: “You didn’t buy it from us, you ate something else,” well, then go to court.

Presenter: Now products with an expiration date approaching their expiration date are sold at a discount. Based on the fact that the product was sold cheaper, they may not accept it back if it is damaged?

Guest: A discount is a sales ploy. But this does not deprive the consumer of the right to return a product of inadequate quality if you bought it within the expiration date.

Bring witnesses

To confirm the fact of purchasing a certain product in a specific store, a citizen has the right to refer to the testimony of a witness. If a person paid for the goods in the presence of a friend or relative, their testimony will help the case.

Expert opinion

Makarov Igor Tarasovich

Legal consultant with 8 years of experience. Specialization: criminal law. Extensive experience in document examination.

If the buyer was alone at the time of the transaction, a sales assistant or cashier can act as a witness. When store employees refuse to return money even with testimony, you should move on to the next step.

Make an application

In addition to making an entry in the Book of Reviews and Suggestions, they must fill out a statement of claim. Sometimes sellers have ready-made forms for such applications.

If there is no standard form, they are written according to the following plan. In the upper right corner of the sheet, place the name of the store where the expired product was purchased, as well as the name of the director of the outlet.

Here you also indicate your personal information (full name, address, telephone number). In the center of the sheet write the word “claim” or “statement”. The situation is outlined below in free form. The description includes the following information:

about the date and time of purchase of the goods;
product price;
expiration date indicated on the packaging;
payment method;
reason for return;
the reason for the lack of a receipt;
witnesses (full name, address, contact details);
your requirements.

The text of the claim refers to Art. 25 of the Law “On Protection of Consumer Rights”. At the end they put a signature and date. The application is accompanied by witness statements and photographs of the damaged product. The document is drawn up in 2 copies. They take the first one for themselves, and give the second one to the store employees.

Need expertise

Recycling is the use of low-quality and dangerous products, materials and products for other purposes than their intended purpose (Article 1 of Law No. 29-FZ). This means that expired products can be sold (for example, sold to other enterprises for processing into animal feed).

If products with an expired shelf life are not suitable for disposal, posing a danger during further use, then they must be destroyed (Article 1, 3 of Law No. 29-FZ).

Before deciding whether to dispose of or destroy an unusable product, you need to conduct a state examination at Rospotrebnadzor (Clause 2, Article 3, Article 25 of Law No. 29-FZ).

The low quality of goods is confirmed by the official conclusion of government bodies (letter of the Federal Tax Service of Russia for Moscow dated April 18, 2008 No. 20-12/037680). Despite the fact that products may have obvious signs of poor quality and therefore pose a direct threat to human life and health, to justify these expenses in tax accounting, it is worth seeking an expert opinion from Rospotrebnadzor.

The costs of examination, storage, transportation, disposal or destruction of low-quality and dangerous food products, materials and products are paid by their owner (clause 4 of article 25 of Federal Law No. 29-FZ).

Going to court

If the previous steps did not produce results, and the seller does not want to return the money voluntarily, you should go to court to protect your rights. To prove the fact of purchasing an expired product, witnesses are invited to meetings and all documents related to the case are brought (a copy of the claim signed by the receiving party with attachments, photographs of the damaged product).

If the consumer wins the case, the defendant not only returns the full cost of the defective product, but also pays a penalty of 1% of the price for each day the claims are late.

Journalist and copywriter with extensive experience. I write mainly on business, finance, and personal finance topics. For a little over a year I worked as an editor at a consulting bureau that helps bring order to the finances of small and medium-sized businesses. He was the chief editor of two magazines, including one business magazine, and the chief editor of city newspapers in Kostroma and Yaroslavl.

I consider financial illiteracy one of the main problems of the residents of Russia and other post-Soviet countries, and in recent years I have been actively fighting it - both my own and others. More than 20 years of work in the media in positions from reporter to editor-in-chief. Author of two books.

Preferred topics: business, personal finance, law, labor relations, career, migration, travel, social issues, education.

What to do if the candy, canned food, sausage that you bought for the New Year's table turned out to be of poor quality

We like to celebrate New Year's holidays in a big way: with festivities, gifts and a lot of food, which our tables are full of these days. But sometimes, after shopping for a week in advance, we suddenly discover that the canned food has long expired and the sausage smells unpleasant.

What to do with low-quality products and how to protect consumer rights, said the chairman of the public association “Belarusian Society for Consumer Protection” Anna Vladimirovna SUSHA.

— When buying products for the New Year, be careful and pay attention to the expiration date indicated on the packaging. Last year, for example, we had many complaints about low-quality products on the eve of the New Year and Christmas holidays.

Therefore, when buying, for example, sets of sweets, take the time to check whether their expiration date has expired. And, of course, don’t forget to take the receipt, advises Anna Vladimirovna.

Is it possible to return low-quality products if there is no receipt?

It is possible, but it will be more difficult to do. In this case, you will need to prove that the purchase was made in this store.

For example, pieces of packaging or a price tag with store markings can be used as evidence. Witness testimony is also accepted, that is, the fact of the purchase will have to be confirmed by the person with whom you made it.

If the seller says that he cannot accept the products back without a receipt, refer to Article 19 of the Law “On Protection of Consumer Rights”. It says:

“The consumer’s absence of a document confirming the fact of purchase of the goods is not a basis for refusal to satisfy his requirements. To confirm the fact of purchase of goods, witness testimony, elements of packaging material (containers) that contain marks confirming that the purchase of goods was carried out from this seller, as well as documents and other means of evidence indicating the purchase of goods from this seller may be used.”

What to do if spoiled food is not accepted?

“If, in spite of everything, you cannot return low-quality products, make an entry in the Book of Comments and Suggestions (it is available in all stores and markets, at every retail outlet),” says Anna Vladimirovna. — By law, you will be required to give a written response within 15 days.

Expert opinion

Makarov Igor Tarasovich

Legal consultant with 8 years of experience. Specialization: criminal law. Extensive experience in document examination.

In addition, you have the right to apply for an examination to the Center for Hygiene and Epidemiology of the area where the store or market is located. But experts will take samples not from the products you bring, but from those sold in the store.

There is no need to pay for the examination. In addition, if your rights are violated, you can always contact consumer rights organizations.

What if expired products were purchased at the market?

“You also need to take a receipt or check from sellers at markets (they should have cash registers), advises Anna Vladimirovna. — If it turns out that the products have expired, you can return them without any problems and get your money back.

If it turns out that fruits or vegetables purchased at the market are frozen, you also have the right to return them to the seller as a defective product.

— What if the tangerines turn out to be sour, despite the fact that the seller zealously praised them and promised that they were the sweetest?

— Of course, it’s better to try tangerines when buying them. But even in this case, you have the right to return them on the basis that you were provided with inaccurate information about the product.

Can quality products be returned?

Let's say you bought a large amount of food for the New Year, and when you came home, you found out that your relatives did the same. Is it possible to take back to the store high-quality, but not at all necessary, sweets or sausage?

- No you can not. By law, quality products are not subject to exchange or return. Even with a check,” said Anna Vladimirovna.

If you have been deceived in a store or market, or they refuse to exchange an item, you can contact the hotline with your problems and questions:

The supplier must sell only high-quality food products, suitable for human consumption and not capable of causing harm to human health, as stated in the Civil Code of the Russian Federation dated January 26, 1996 N14-FZ and in the Federal Law “On the Fundamentals of State Regulation of Trade Activities in the Russian Federation” dated December 28, 2009 N381-FZ.

If a citizen purchases products of inadequate quality, he has the legal right to return the product to the supplier and receive back the money spent on its purchase.

Any relationship between buyer and seller is regulated by the Federal Law “On the Protection of Consumer Rights” if the buyer is an individual. If the products are purchased by a legal entity, then the return will be carried out in accordance with Chapter 30 “Purchase and Sale” of the Civil Code of the Russian Federation dated January 26, 1996 N14-FZ.

According to Article 503 “The rights of the buyer in the event of the sale of goods of inadequate quality” and Article 504 “Compensation for the difference in price when replacing goods, reducing the purchase price and returning goods of inadequate quality” of the Civil Code of the Russian Federation, a citizen has the right:

to replace a product of the same or another brand of appropriate quality;
to reduce the cost of the product with the possibility of its further use;
for a refund of the money spent on the purchase.

Expert opinion

Makarov Igor Tarasovich

Legal consultant with 8 years of experience. Specialization: criminal law. Extensive experience in document examination.

The same principles apply to legal entities that are designated in the sales contract or, in their absence, in Article 475 “Consequences of the transfer of goods of inadequate quality” of the Civil Code.

If the store refuses to satisfy legal requirements, you need to file a complaint with Rospotrebnadzor.

Is it possible to return damaged goods without a receipt?

It is worth mentioning separately about food products. We buy them more than others.

therefore, the risk of encountering a situation where the purchase for one reason or another needs to be returned is higher. Do we have the right to do this? in what situations and how to do this? Based on Articles No. 492 of the Civil Code of Russia and No. 2 of the Federal Law “On the Fundamentals of State Regulation of Trade Activities in the Russian Federation,” the seller must transfer goods suitable for human consumption as food products.

Can I return a product without a receipt?

if you have a cash register, ask for a book of reviews and suggestions. Describe it in detail there (the answer should be written to you in the same book, within three working days) and write to consumer protection department. they will sort it out

I’ll tell you briefly about something. I was once not allowed into a cafe; they justified it as a fight, shortly before the events. It’s clear that I took part in the fight (but they signed me up as a participant)))) well, that’s not what I’m talking about right now. So, I demand an admin, A miracle has arrived, I say, serve him and let’s go quietly/peacefully? he said NO to me. I say OK)) a book of reviews for me... they brought some kind of book on safety precautions, it’s already 5 years overdue, no less. That’s not what I’m saying!

the next day I went to the administration, wrote oooooh what. The result was a fine for selling alcohol without a license, a fine for not having a complaint book, a fine from the fire department for failure to comply with fire safety rules (there was no fire extinguisher) well, in general, it was easier for them to serve me, salad “Caesar” was a noble man there. So the answers all came by registered letters, notifying them of what measures had been taken against the owner of the cafe.

Returning a damaged product without a receipt

If you were sold a jar of expired sour cream (that is, the product is inexpensive, the problem is small), you can first contact the seller, he will run away, consult with the right person and replace your jar. Such a favorable outcome is also possible.

But it also happens differently. In this case, there is no need to start a scandal with the seller - this is a pointless waste of time and nerves. Just ask that the person responsible for returning bad goods be invited here.

Return damaged goods without a receipt

The unequivocal answer is yes, you can! Of course, returning such a product will be much more difficult than a high-quality, working product. In order to return goods of inadequate quality without a receipt .

it is necessary to prove that the purchase was made from this seller. To do this, you need to know the exact time and date of purchase, and also provide other evidence that the goods were purchased in this particular place.

Such evidence can be a piece of the price tag or the receipt, and also, as confirmation, you can use the testimony of a witness who was with you at the time of purchase. In such situations, the seller is obliged to reimburse the funds spent on the purchase or replace the product.

And this is evidenced by Article 19 of the Law “On Protection of Consumer Rights”.

It is worth understanding that if a malfunction or inadequate quality is detected, the buyer has the right to return the money spent or ask the seller to replace the product with an analogue one or another, taking into account the recalculation of its cost.

It is this knowledge that will allow you to easily return a faulty product without a receipt .

Tip 1: How to return a defective product without a receipt

Testimony from witnesses, packaging with the seller’s logo, serial number of the product, photo or video recording of the purchase process, etc. will be sufficient. As a rule, in markets when returning products, the seller knows the shortcomings of his product and, when contacted on the day of purchase, readily returns money for a low-quality product or item. Contact the seller by presenting the product.

Verbally demand your money back.

Is it possible to return a defective product without a receipt?

In modern conditions of a tough economy, only thanks to excellent quality can an enterprise hope for good sales and demand for its products in the market for goods, services or works. But no one is safe from purchasing a defective product.

In Russia, there is no legislatively clear definition of a product of inadequate quality. The current version of the law “On the Protection of Consumer Rights” only states that this category of goods includes those products that have a defect or a significant defect.

Source: https://myeconomist.ru/mozhno-li-vernut-isporchennyj-tovar-bez-cheka-19287/

Is it possible to return a product of poor quality to the supplier?

You can return products to the store if defects are found in them for several reasons.

As a result of expiration.
You can return a purchase even if its expiration date has not expired, but it is not suitable for consumption and has at least one of the following disadvantages : unusual or unpleasant smell or color, packaging with traces of tampering or damaged, contents that do not correspond to the description goods, packaging with foreign impurities (hair, insects, etc.).

In any of the above cases, the seller is obliged to satisfy the buyer’s legal demands and return the money for the product or exchange it for a similar one at the request of the victim.

Return procedure

To return food products of inadequate quality to the seller, you need to follow the following procedure:

Present goods of inadequate quality to the seller , store administrator or person responsible for product quality.
Pre-prepare a return request in two copies , one of which must be kept in your hands with a note of receipt from the store.
Wait for action from the store administration . If the complaint is ignored, contact higher authorities: Rospotrebnadzor, Society for the Protection of Consumer Rights or the Sanitary and Epidemiological Station.

Buyer's rights

They are enshrined in Art. 18 Federal Law “On the Protection of Consumer Rights” (POPP) and Art. 503 Civil Code of the Russian Federation:

the buyer has the right to ensure that the product is safe for health, property or the environment (Article 7 of the POPP);
to receive comprehensive and reliable information about the product (Article 8 of the POPP);
judicial protection of violated rights (Article 17 of the POCA);
replacement of goods of inadequate quality or return of funds paid for it (Article 18 of the POPP);
free elimination of deficiencies (clause 1 of Article 503 of the Civil Code of the Russian Federation).

Can I return food to the store?

Have you purchased food products and discovered that they are of inadequate quality? You can return such a product to the store, however, before its expiration date.

For example, if today you are no longer able to contact the store due to its closure, and tomorrow the product’s expiration date expires, you will no longer be able to return the product.

The situation is completely different if you initially purchased a product that had passed its expiration date. To prove the fact of purchase, you will need a receipt and the product itself, which indicates its validity period. After the expiration date, the products cannot be consumed.

It should be remembered that when purchasing a low-quality product, the law is on the buyer’s side. Even if you purchased products at a discount, you are entitled to a cash refund or exchange of the item for a similar one.

Return of expired food products or products of inadequate quality

Selling expired food is a serious violation of the law. The seller is obliged to remove expired goods from sale. If such products are sold to customers, the store and its employees bear administrative responsibility.

If a person becomes poisoned as a result of eating expired food, the store will be held accountable in accordance with criminal law. Up to and including imprisonment of officials, depending on the severity of the harm caused to the victim’s health.

If you find expired goods only at home , you can do the following:

return the product to the store and request a refund;
demand an exchange for another product that meets quality and safety requirements;
replace the expired product with a product of a different brand.

Terms and conditions for replacing low-quality goods

To know

Returning goods to the online store

Read

As a rule, if a product has expired or has signs of deterioration (smell, color, consistency, appearance), sellers will easily exchange it for another one or return the money. They are well aware of the penalties for selling food products that pose a threat to human life or health.

In what situations are food returns and exchanges allowed?

A food product is a product used for consumption (it can be ready-made or used for cooking).

According to the provisions of Law No. 2300-I “On the Protection of Consumer Rights” of 1992 on February 7, a citizen has the right to refuse to purchase goods of inadequate quality, that is, products that are not suitable for consumption.

Among the legal grounds for returning food products are:

discrepancy between the information indicated on the packaging and the actual characteristics of the product;
detection of foreign substances or objects in products (for example, insect remains);
expiration date;
violation of packaging committed through the fault of the seller.

In the cases listed above, low-quality goods must be returned immediately. If the buyer has caused damage to his health due to the use of a substandard product, he has the right to go to court and demand compensation for losses.

It is possible to recover money for purchased products if the results of the inspection confirm the buyer’s fears. Otherwise, food products cannot be returned.