Home / Complaints, courts, consumer rights / Consumer rights
Back
Published: September 14, 2018
Reading time: 6 min
0
438
Sometimes, after purchasing a product, the buyer is faced with the fact that the item does not like it, does not fit in size, does not correspond to the declared quality, or has manufacturing defects. In this situation, the goods can be returned to the store, however, with some reservations.
- How can I return an item to the store?
- With tags but no receipt
- With receipt, but without tags
If the product is of appropriate quality, but does not fit in size, color, or style, then you can return it within 14 days, and in the case of an online purchase - within 7 days. At the same time, the presentation must be preserved, all tags and labels of the manufacturer must be preserved, and there must be no traces of use. You must also have a sales or cash receipt or other document confirming payment. However, the Law “On Protection of Consumer Rights” states that in the absence of a receipt, you can refer to witness testimony. The buyer can exchange the product for a similar one or return the money for it if there is no possibility of replacement.
Is it possible to return it legally?
All relationships between the seller and the buyer, where the buyer is a consumer, are controlled by the law “On the Protection of Consumer Rights,” which stipulates all possible instructions regarding the interaction between the client and the seller.
According to the RF PZPP, the return conditions applicable to goods can be conditionally divided into several subgroups, depending on the quality of the product and the timing. The easiest way to return an item is within 14 days from the date of purchase. Wardrobe items and shoes can be returned during this period, provided that the product does not suit you in color, size or for other personal reasons. This is stipulated in Article 18 of the Law “On Protection of Consumer Rights”.
It is worth understanding that after 14 days you can return the item to the store only if the quality of the product is found to be inadequate. A product such as clothing or shoes may have complaints regarding the quality of workmanship, for example, if there are uneven seams and similar defects. Sometimes the consumer has to confirm inadequate quality through an independent examination, the results of which can be used to judge the quality of the product.
Unfortunately, it is impossible to return an item without tags, but with a receipt, of proper quality to the store. If you have already cut off the labels and tags, then you can return the goods if the quality of the products does not meet the standards. This is due to the fact that the original appearance of the product has changed, and according to the terms of return within 14 days, all packaging, labels and tags must be preserved. A receipt for the purchase will not be required if it is possible to confirm the fact of purchase with testimony.
Is it possible to return a product without a receipt to the store: 5 ways
The purchase receipt is irretrievably lost, but you don’t like the product or find defects in it and need to issue a return? Is it possible to return a product without a receipt to the store? There are 5 ways to return an item without having a sales receipt. Below you can choose the most convenient one for yourself.
Is it possible to return a product without a receipt to the store?
The answer to this question is unequivocal - yes. Both the Civil Code (Article 493) and the Law on the Protection of Consumer Rights clearly indicate that the absence of a cash receipt cannot be an obstacle to returning or exchanging goods. However, two nuances arise here:
- The product must not be damaged, and its appearance and condition must not show signs of use. More on this in the next chapter.
- The buyer's responsibility becomes the burden of proving the fact of purchasing the product in the store to which the buyer makes his demands.
You can do this in five different ways.
Witnesses
You can provide testimony from those visitors who were present during the transaction. You may have been accompanied by a friend, neighbor, spouse, or other relative. The written testimony of these people can convincingly prove that the purchase belongs to a specific store and put an end to the doubts of the responsible employees.
Branded packaging or accompanying documentation
Making a purchase is rarely limited to just a cash receipt. Usually the product is accompanied by a warranty card, equipment passport, instruction manual, etc. Everything that may indirectly indicate the selling organization.
In addition, in our time, when many retail chains actively use a variety of methods of marketing promotion, product packaging and its design often bear the store’s branding or its attributes.
In such cases, they are often not interested in the presence of a cash document at all: it is so obvious that there is no doubt about its ownership.
SMS or bank details
This applies primarily to purchases made using non-cash payment with a credit or debit card.
If your phone has the SMS notification function configured, the SMS message you receive will be confirmation of your purchase at a specific outlet.
Its text indicates the unique name of the payment terminal where the debit was made. An SMS message will help prove the fact of purchase.
Saving the text of a message is quite easy if your phone has screen recording or screenshot (screenshot) capabilities. As a last resort, if the device model does not have such capabilities, take a photo of the SMS with a regular camera.
recording
Nowadays it is extremely rare to find a store that is not equipped with a constant video surveillance system. The cost of such equipment has become affordable even for small retail outlets.
Therefore, you can contact the manager or administrator of the store with a request to provide and study camera recordings during the period of time when the purchase was made.
This request can be indicated directly in the text of the complaint, which is submitted to an employee of the selling organization.
"Double-entry bookkeeping"
It would be naive to believe that by issuing a receipt, the store does not leave itself any information about the sale. Naturally, any point of sale stores detailed information about this for many years. It is enough to refer to this information to verify the correctness of your words.
As a last resort, if the seller shows obvious inadequacy and categorically does not want to look for anything, you can draw the attention of supervisory structures to such “hysteria”: an application to the tax office with a request to conduct an internal audit or an appeal to Rospotrebnadzor with doubts about the issued check will instantly “help” find the required cash document and reproduce the situation of its registration.
To guarantee proof of purchase, you can use all of the above methods at the same time. In this case, your position will be so reliable that it will be almost impossible to question your words. Actually, in the text of the application for the return or exchange of goods, you have the right to indicate this in detail. Example wording:
“Since the cash register receipt was lost, as confirmation of the purchase of the product ... in the Romashka store, I ask you to refer to the data in the Sales Book of your enterprise and the archive of recordings of CCTV cameras in the sales area for ... dates ... months ... years.”
If you can provide accompanying documentation about the product, branded packaging and witness testimony, then no one will have the thought of disagreeing with you.
Note:
These recommendations and tips will only help you when you know exactly where the product was purchased and do not mislead the seller. If the product was purchased by a stranger and you thus mistakenly try to prove its purchase from another company, you can find yourself in a stupid and unpleasant situation.
Is it possible to return an item without a receipt within 14 days?
Since returning a purchase without a receipt is not a big problem, returning an item within 14 days is also quite possible.
It is important to observe the 14-day period in cases where there is a desire to return a product only because you do not like it.
Even if this product is of high quality, in good working order and does not have any defects, you can return it within 14 days after the date of purchase or within 15 days from the date of purchase.
To return it without a receipt, you should use all the tips that I outlined above. However, you will be required to comply with the conditions, without which a refund will not be possible:
- The product must have its original appearance, that is, exactly as it was when purchased;
- You have only 15 days from the date of purchase to take advantage of the opportunity to return or exchange the item.
You can download the approximate contents of an application for the return of goods (claims) from the article “Consumer Rights Protection Law: return of goods and money within 10 days.” In a situation where the receipt is lost, in the text of the application it is necessary to note the fact of loss and offer a convenient way to confirm the purchase.
Is it possible to return an item without a receipt if payment was made by card?
Paying for goods with a bank card does not make significant changes to the procedure for returning goods without a receipt. On the contrary, it makes this procedure easier for the buyer. In this case, you can also return the product or exchange it. To do this, just present your choice:
- SMS message about debiting funds in the store terminal
- Print a statement for the required date with confirmation of payment in your personal account on the bank’s website
- Receive a bank statement from a bank operator if you do not have SMS notifications or online banking installed
Important note: when paying by card, refunds can only to the card. The Consumer Protection Law does not contain information on this matter, but this issue has been commented on in detail in letters and instructions from government agencies:
Conditions for returning goods without tags
Unfortunately, returning an item without a tag, but with a receipt, to the store is very problematic. The fact is that the norms of Art. 25 of the Federal Law “On the Protection of Consumer Rights” provide that the buyer has the right to exchange things that for one reason or another (style, appearance) did not suit him only if he has a sales receipt, seals, tags. The item must not be worn.
These conditions are spelled out in the law so that the seller has the opportunity to sell the goods. Many customers pay attention to the presence of tags (labels), because they want to buy a really new good thing. If the label is torn off or is missing at all, then a person will suspect that the item is worn.
You can tear off or cut off the label only after the person is convinced that the clothing (often this is what we are talking about) suits him.
Please note that some exceptions are provided for in Article 18 of the above law:
- returns without tags are allowed;
- the main condition is the poor quality of what was purchased. Let's say a client purchased a sweater, came home, cut off the label and washed the item. It turned out that she immediately began to creep away. In this case, it is possible to return the goods without a tag, but with a receipt.
Is it possible to return an item if the label is cut off?
Many store customers are interested in how to return clothes to the store without a label. Tearing off labels is a common habit. A person comes home with a purchased product, immediately cuts off all the factory and store tags, and then re-measures or examines what he purchased.
It will be difficult to return such items back later (there will be no identifying marks left). The main advice in this case is that all labels should remain in place until the buyer is finally convinced that the item suits him.
But what should those people do who did not follow this advice? Very rarely, employees of trade organizations violate the law and find themselves in the position of a client who has torn the tags off an item.
Exchange of goods. if the labels and seals were cut off?
- How to return an item
- Buying and returning clothes to the store: 7 tips from Rospotrebnadzor
- Is it possible to return an item to the store?
- Is it possible to return clothes if the label is torn off?
- Return clothes to the store without labels
- How to return clothes to a store without labels
- How to return clothes to a store without a label
- Is it possible to return a coat to the store with a receipt, but with the label cut off? Yes or no?
- How to return a dress without a label
How to return an item It is also important that the labels remain on the items. A product without a label can only be returned to the seller if it turns out to be defective. Important No later than 14 days from the date of purchase, bring the product along with the receipt to the store. Explain to the seller that the item did not suit you and you want to exchange it for another or return the money.
Is it possible to exchange an item if the label is torn off?
The rules, conditions and procedure for returning goods are governed by the provisions of the Law “On Protection of Consumer Rights”. According to them, the buyer has the right to exchange/return both high-quality and low-quality items, but subject to certain rules.
In this article we will answer the following questions: what provisions of the Law “On the Protection of Consumer Rights” regulate the return of goods to a store? Is it possible to return an item without a tag but with a receipt and vice versa? What documents must be submitted during the return procedure? how to apply for a refund? What is the deadline for submitting it? articles:
- Legislative regulation
- Return Policy
- Controversial situations
The procedure for returning/exchanging goods is regulated by the provisions of the Law “On Protection of Consumer Rights”.
Source: https://agnbotulinum.com/mozhno-li-vernut-veshh-esli-srezana-etiketka/
What products can be returned without tags?
According to the current legislation of the Russian Federation, there is no specific group of trade items that are returned to the seller without a tag. If this is a high-quality product, then the representative of the trade organization demands to present all the attributes that were on the jeans (another item) at the time of sale.
However, there is an exception - it is possible to return the goods without a store tag if the item had a branded label from the manufacturer. It must remain intact and intact when the item is received back to the store.
Is it possible to receive money or can you only rely on exchange
The provisions of Article 18 provide customers in stores where they provide a cash receipt with the following legal rights to return goods of inadequate quality:
- the ability to replace purchased low-quality goods with a product from the same manufacturer;
- replacement with an identical copy from another manufacturer (for example, instead of Adidas sneakers, it is possible to exchange for Nike sneakers);
- reduction in the purchase price (in practice, a certain compensation is obtained);
- immediate elimination of product defects;
- demand the seller to return the money spent.
The norms of clause 2 of Article 25 of the above Federal Law provide for the possibility of receiving money back in the following cases:
- absence of a similar product in the store at the time of registration of the return;
- purchasing products on credit (the person hands over what was purchased and must return the loan funds to the bank).
If there is a similar product on sale, it is much more difficult to expect to get the money spent back. In this case, most likely, the client will have to go to court.
How to return an item
Actually, the algorithm of actions is simple:
1. We take the item and go to the store.
We explain what’s what and state one of the requirements described above. We find out whether the seller is ready to fulfill it voluntarily. If you agree, we issue a refund and rejoice! If he refuses, go to step No. 2.
2. We are writing a complaint.
We briefly outline the essence of what happened and demand that the consumer’s rights be fulfilled in writing.
Claim for return of goods of inadequate quality
We hand it over to the seller against signature or send it by registered mail if they refuse to accept it from hand to hand.
3. Waiting for a response.
If the seller agrees to settle everything voluntarily, he will contact you and offer to visit the store on the agreed day and time. If you do not agree, you will draw up and send a written response. In the second case, there is no point in arguing - we will complain.
What will you need to return?
To return a product, the buyer must provide proof of the fact that the item was purchased in the store where he came to return the product, which was of low quality and did not suit the person due to some characteristics. The legislation establishes the following requirements for such returns:
- compliance with deadlines (14 days from the date of purchase). Of course, the provisions of Article 19 of the said Federal Law provide for the right to file claims regarding the quality of the goods throughout the entire warranty period, and if it is not established - 2 years from the date of purchase of the goods, but these conditions apply exclusively to the exchange of goods of inadequate quality. If we are talking about returning goods of proper quality, then only the 14-day rule applies;
- There must be a receipt, because without it none of the sellers will be able to replace the goods. When exchanging, the old check is confiscated and a new one or a document is issued that confirms the payment of money;
- passport of the person who is handing over.
When can I return it or choose something else?
The legislation establishes several types of deadlines regarding the return of goods:
- return within 14 days of quality goods;
- return within the warranty period, but not more than two years from the date of purchase of the defective product.
If the product is of high quality
The buyer has 14 days to return the item, starting from the day following the date of purchase.
If the seller agrees to return the goods, then:
- exchange for a similar model;
- refund of the paid amount (within 3 days).
Products can be exchanged either every second or later. For example, if a certain item is currently out of stock in a store, the customer will have to wait until the item goes on sale.
If the purchase was made in an online store, then the period is not 14 days, but 7. If the seller did not inform the buyer about this period, then the period is extended by 3 months. The period is calculated from the moment the goods are received from the supplier.
If the product is defective
Products with defects can be returned during the warranty period . In this case, you must have a warranty card on hand.
There are some peculiarities here:
- There are seasonal warranty periods. In this case, the period is calculated from the start of the season.
- If there is no deadline on the coupon or on the packaging, then it is considered not established. And in this case it is equal to 2 years. The period is calculated from the date of purchase.
- In the case of online purchases, the period is counted from the day the goods are handed over to the buyer.
Regardless of whether a quality or defective product is exchanged, the replacement must be made within 7 days from the date of presentation of the request. If additional verification of the goods (examination) is needed, then within 20 days (Article 21 of the Law).
When a controversial situation may arise and what to do
In fact, a huge number of controversial situations arise every day when returning or exchanging goods. And this is not surprising - he defends his interests and does not want to lose money. Let's look at the most common disputes when returning.
The seller does not accept the claim
Very often, the problem arises at the very first stage of interaction with the seller on the issue of return: after listening to the client, the seller does not agree with any of his demands, moreover, he does not want to accept the claim.
In this case, lawyers advise resorting to postal services - sending a claim to the seller by registered mail. Upon receipt, he will be required to sign the document and subsequently in court the seller will no longer be able to deny the existence of the claim.
The seller refused the claim
Another common situation is when the seller, having received a claim, not even wanting to conduct an examination, responds to the client’s application with a refusal. In this case, the client has the right to disagree with the store’s response, independently initiate an examination and, based on its results, sue the store.
If the buyer wins the case, all legal costs, as well as examination costs, will have to be paid by the store.
The seller insists on an exchange, not a refund
One of the most common situations is when the seller, not wanting to lose his money, but also not wanting to take the matter to court, agrees to exchange the defective product for a working one, but still refuses to return the money. In this case, the buyer can agree and compromise, or he can continue to fight for his rights, calling on justice for help.
The seller does not change the product for a long time
If the parties agreed that the product will be replaced, but after the expiration of the 10-day period the seller has not provided the client with a worthy replacement, citing the fact that the required model is not in the store, the client has the right to demand monetary compensation - the full amount of the cost of the product.
The seller is delaying repairs
You can legally demand money for a product (full refund) even if the product is repaired under warranty for longer than 45 days, or if immediately after the warranty repair, less than a month later, the product deteriorates again.
How long can I return it?
The Civil Code, along with the law, establishes a period during which the buyer can either return the item to the store or exchange it. For these purposes, 14 days are allocated from the date of purchase. This period begins to run from the next day after purchasing the product, so in total consumers have 15 days to decide whether they want to return the item to the store or not.
The law establishes how many days later the seller is obliged to return the money to the buyer. So, the store has 20 days from the date of receipt of the complaint from the consumer. This period includes the time of the examination.
Like many rules, this document also has an exception - in this context we will talk about seasonal goods, the return period for which increases. This category may include, for example, winter clothes and shoes; when making a purchase in the summer, the buyer will not be able to assess the quality and detect possible defects without use, which is impossible during the summer season.
Let us remind you that in the case of a return within 14 days, this rule applies only to a quality item that did not fit or if you did not like it.
If you don't like the product you purchased
Some sellers deliberately mislead, refusing to give the buyer money for an item if they don’t like it. The law contains provisions that answer questions about how to return an item to a store and whether this can be done only on the basis that you are not satisfied with the purchase.
The main condition is that there are no traces of use of the item you purchased. The presentation must be preserved in its original form, but the lack of a sales receipt should not be an obstacle to handing it over, since you can confirm the purchase with testimony.
Algorithm for returning an item if you don’t like it:
- Check the product for traces of use, try to get rid of them if they do appear during fitting;
- Make sure that the purchased item does not belong to the category of goods prohibited by law from being returned or exchanged;
- Bring the item to the same store where you purchased it. If the store is a chain store, you should only contact the branch where you made the purchase;
- File a claim. As a rule, the store already has a template where you need to add your data and the reason for the return;
- Receive a receipt and funds in full;
- If you paid for your purchase with a bank card, it may take up to 30 days for the money to be credited to your account.
In the event that the seller unmotivatedly refuses to return your money or insists only on exchanging the product for a similar one, feel free to contact a judicial authority to protect your rights. The funds spent on legal services can be recovered from the defendant - the store if a decision is made in favor of the buyer.
Which products are returnable and which are not?
The content of the article
In a situation where the product does not correspond to the declared size, color, etc., the consumer must return it to the store. The same can be done if the purchased copy is of poor quality. Unfortunately, not all products are subject to exchange or return.
If the product can be exchanged or returned, then this must be done before the fifteenth day has passed from the date of purchase, which is what Art. 25 Federal Law N2300-1.
It must be remembered that the product taken to the store must retain its original properties, such as:
- Availability of all components.
- New look.
- Availability of identification labels.
It will be much easier to make a return if you have a cash receipt or sales receipt in hand.
Do not forget that you will not be able to immediately receive money for a quality item, since initially, according to Article 25 of Federal Law N2300-1, you can only get similar products that have slightly different characteristics, which will also suit the buyer. If the product is not available, the consumer can terminate the transaction, receiving funds after some time, or wait for the product he needs to arrive at the store’s warehouse.
If a low-quality product is discovered, the buyer has more rights. According to the same article. 25 Federal Law N2300-I it can:
- demand replacement with an analogue of proper quality;
- repair the item on your own and submit a claim to the seller for reimbursement of expenses incurred;
- receive the monetary equivalent of the detected defect;
- require the store to carry out repairs on its own;
- return in full the funds spent, as well as expenses associated with the purchase of low-quality products.
One of the above can only be used by a consumer who has not been notified in advance of the presence of a defect. Knowing about the defect, it will be impossible to return the purchase.
Any product from the food list, in accordance with Articles 18 and 25 of Federal Law N2300-I, is no longer subject to exchange if it is of good quality and the expiration date has not yet expired at the time of purchase. Quality is good if and only if the products involved are of adequate appearance and made to strict standards.
In order to understand which goods, apart from food items, are not realistic to return, a list of products will be given that cannot be taken back:
- cosmetics and perfumes;
- various hygiene items;
- furniture products;
- jewelry;
- printing (books, newspapers, magazines, etc.);
- socks or stockings;
- all knitwear (this includes, for example, towels or bed linen);
- chemicals used in everyday life;
- products that are measured in linear meters (cables, wires, hoses, etc.);
- auto-moto equipment;
- ships;
- civilian weapons.
You can always return low-quality products; to do this, you simply need to contact the point of sale of the goods where the purchase was made and inform its employees about the defect. There is a high probability that employees will not believe you, so you should take a cash receipt and/or sales receipt. In addition to this, you must have a passport of a citizen of the Russian Federation with you.
If an urgent request for the return of low-quality products does not have the desired effect, it is necessary to make a written complaint to the head of the outlet.
There is no list of defective products that cannot be exchanged or returned. But you need to remember the timing, since most products have a warranty period set by the manufacturer.
It is also impossible to return any of the goods in the assortment of a local pharmacy, because according to Regulation No. 55 of January 19, 1998, it is impossible to bring back the following things:
- goods for small children or newborns;
- medical devices or instruments;
- various medications and preparations;
The reasons for refusal to return are quite simple, because each facility selling this type of product is prohibited from taking medications from unverified sources, which includes absolutely everyone except certified manufacturers.
Where to complain if buyer's rights are violated
To protect consumer rights, a buyer who is denied the exchange of goods in a legal way and within a legal period may complain to:
- territorial division of Rospotrebnadzor. The complaint must be made in writing so that the consumer has documentary evidence that the complaint was filed. The consumer supervision authority will conduct an investigation and make a decision on the legality of the refusal;
- court. Nobody has canceled the right to appeal any illegal actions against a citizen’s property in court, so a person can draw up a statement of claim and submit it to court.
Please note that during a dispute in a store, it is advisable to receive a reasoned written refusal to accept the goods for exchange, which can then be presented to Rospotrebnadzor or the court.
How to return an item to Zara if you cut off the tags
Buying and returning clothes to the store: 7 tips from Rospotrebnadzor Buy clothes with detailed information on the label Tags on clothes with information about the product and manufacturer are not a formality or a tribute to fashion.
A manufacturer who responsibly places information about their products will also care about the quality of the product itself. Info Standards for marking clothing, knitwear, hats, underwear and other garments are GOST 10581-91, as well as GOST 3897-87.
The product label must contain information about the size.
Is it possible to return an item to the store? I didn't like everything. In the case of maintaining the marketable condition of the item.
Removing this label from the product is considered a violation of the preservation of its presentation.
Return of goods with a torn tag The right to appeal any illegal
According to it, goods in a store can be returned, but only if a certain list of conditions is met.
It should be taken into account that the rules of Article 25 are not provided for in cases where the returned goods are included in a separate list of goods (Resolution No. 66 of 1998) that are not subject to exchange or return.
When exchanging, the old check is confiscated and a new one or a document is issued that confirms the payment of money;
Where to complain if the buyer’s rights are violated To protect consumer rights, a buyer who is denied the exchange of things in a legal way and within a legal time limit can complain to:
That is, if there is no store label on the product, but the factory label is present, this cannot be a basis for refusing an exchange.2.
Know that a label is a type of trademark, a designation on a product in the form of a sticker, label or coupon attached to it, which will indicate data about the product (its weight, quantity, price, manufacturer, date of manufacture). Removing this label from the product is considered a violation of the preservation of its presentation.
But when you came to the store and asked the seller to take the clothes back, you were refused, due to the fact that the labels had been cut off from the clothes.
But did you bring the labels along with the clothes, and is the seller right in this case in refusing to return the goods to you?
if the labels and seals were cut off?
- Is it possible to return an item without a tag, but with a receipt?
It is to exchange, and not return the money. In practice, if the item does not meet some criteria, buyers immediately ask to terminate the contract and return the money.Unscrupulous sellers often take advantage of this; they have developed the following scheme: they agree with the buyer on everything and ask him to write a statement stating that the item was not suitable and the buyer asks to terminate the contract and return the money paid.
“Just wait a little, our management will endorse your application and you will definitely receive the money...”
.
Is it possible to exchange clothes if the tags are cut off?
The consumer also has the right to exchange non-food products of good quality within 14 days, not counting the date of purchase.
Know that clothing is classified as non-food products.
An exchange of a non-food product of proper quality is carried out if the product has not been used, the presentation, consumer properties, seals, factory labels are preserved, and the buyer also has a cash register and sales receipt, or any other document with which one can confirm payment for the specified product.
The rules, conditions and procedure for returning goods are governed by the provisions of the Law “On Protection of Consumer Rights”.
According to them, the buyer has the right to exchange/return both high-quality and low-quality items, but subject to certain rules.
In this article we will answer the following questions: what provisions of the Law “On the Protection of Consumer Rights” regulate the return of goods to a store? Is it possible to return an item without a tag but with a receipt and vice versa? What documents must be submitted during the return procedure?
how to apply for a refund? What is the deadline for submitting it? articles:
With tags but no receipt
It is not uncommon for a consumer to discover manufacturing defects about which the seller did not warn him after purchasing, and not yet starting to use the purchased item. In this case, it is not necessary that tags, labels and seals be retained in order to return. When returning goods of inadequate quality, the procedure is as follows:
- go to the retail outlet where the product was purchased and present the purchased item;
- write a statement in 2 copies addressed to the manager . Typically, a standard application form is provided by store employees. It must indicate: full name and passport details of the buyer, contact phone number, date and place of purchase, size and price of the item, identified defects in the product, as well as the desired method of resolving the incident - refund, repair, replacement. One copy of the application along with the goods is transferred to the store employees, the second with a mark on the date of transfer and signature remains with the buyer. After reviewing the application, the administrator of the outlet must call the buyer and inform him of the decision made.
- within 10 days the money must be returned , replacement or repair of low-quality goods must be made.
It is worth keeping in mind that the seller can carry out an examination of the goods in order to identify the cause of defects. It must be completed within no more than 20 days from the date of submission of the application. The buyer is notified of this in advance and has the right to be present during the research.
However, if it is revealed that the defect in the goods was caused by the buyer, all costs incurred by the seller will have to be paid.
If an item of proper quality is returned - with tags, preserved presentation and consumer properties, and the receipt is lost, then other evidence will be needed that the purchase was made in this particular store, for example, witness testimony, a bank card statement, a warranty card.
If replacement with a similar product is not possible, then to get a refund you will need:
- write an application addressed to the store manager, in which you need to indicate: full name and passport details of the buyer, contact phone number, date and place of purchase, size and price of the item, reason for the return (for example, the size does not fit), as well as the impossibility of replacing it with another product.
- Refunds are made within 10 days in the same way the purchase was paid: to a bank card or in cash at the cash register. In the latter case, the store administrator must call the buyer and inform him when he can come to collect the money. You will need to have your passport with you.
If items were purchased in an online store
Customers of online stores find themselves in an advantageous position. According to the Distance Selling Rules, you can refuse to buy a new dress, trousers, or coat:
- until the order is received;
- within a week after delivery of the goods;
- within three months, unless a reminder about the rules and conditions of refusal or exchange was included in the package.
Products with defects can be returned before the end of the warranty period if the defect was not caused by the buyer.
Shipping costs for returned items are paid by the buyer.
When filling out a return application, keep in mind that the online store has the right to withhold delivery costs.
Otherwise, the procedure is almost the same. To register a refusal and receive money:
- Fill out an application , indicating your data, bank details for the transfer and attaching copies of payment documents.
- Scan the claim and send it to the online store’s email.
- Please confirm your return address with customer service.
- Send the parcel by Russian Post or courier service.
- After 5-9 days, find out about the decision made .
- Check the transfer of money to your current account.
The time it takes for the transfer to arrive depends on the speed of payment processing by the bank that issued the card. Most often, funds are credited within 2-3 days; in some cases, the waiting period can last up to 20-30 days.
Return procedure
If you want to return an item without tags to the store, then you should inform the seller about this need. According to the law, only low-quality items can be returned without tags, so immediately be prepared for the fact that you may be faced with a refusal to issue a return. Please adhere to the following recommendations when preparing goods for return:
- It is worth trying to collect all the labels you have that were on the product at the time of purchase;
- The item itself should not have traces of use that spoil the presentation, for example, puffs or pellets;
Returning items without tags or of poor quality is possible subject to the warranty or service life. If the terms are not set by the manufacturer, then you can return it within 2 years from the date of purchase. If the product is of proper quality, then it will be mandatory to comply with the 14-day deadline.
To exercise the right to return goods, the consumer must have:
- The product itself;
- Purchase receipt or witness of purchase;
- Passport.
The manager will ask you to fill out an application. Regarding the content of the application for returning goods without tags, there are several recommendations, which are also very important to follow. As a rule, each store has a standard application form, which allows you to speed up this procedure, but what you indicate in yours depends on whether you receive a refund or not.
Where to complain about seller violations
If a seller openly violates the law “On the Protection of Consumer Rights”, infringes on human rights, and causes material and moral damage, the actions of such a seller should not be left unpunished. resolve all controversial issues, defend your rights and return your hard-earned money .
.doc
If the buyer is confident that he is right, has a good evidence base (all documents are in order and available), with a 99% probability he will win the case and also receive moral compensation.
Another authority that is a priori on the consumer’s side is Rospotrebnadzor . He has the right to inspect enterprises and, if violations are detected, impose large fines. Therefore, you can also call on Rospotrebnadzor specialists for help.
Statement
In the application for returning goods without tags, you will need to indicate the reasons for the return, since it can be returned only if there are complaints about the quality. There may be both low-quality materials and manufacturing defects, due to which use is difficult. For example, the seam is not straight, and therefore the shoe rubs the foot. It is worth understanding that the seller has the right to insist on an examination of the goods, based on the results of which a decision will be made.
In a consumer return application, you will need to provide the following information:
- In the header: To whom the application was sent. Usually such statements are sent to the store director, indicating the address of the outlet;
- From whom it was sent. Full name, full passport details and place of issue, as well as residential address and contact information will need to be indicated here;
- Date of purchase with reference to receipt or witness statement;
Rules for returning goods to the store: is it possible to return an item without a tag? Is a check required?
Returning an unsuitable product back to the store is not the easiest task, both from a legal and moral point of view. However, if the purchased item has not been used and all tags remain in its original condition, returning it is quite simple.
But a purchase that has already lost its presentation (that is, without labels or with damaged packaging) is not easy to return. Therefore, before you go to the store and assert your rights, you should make sure that the law is on your side.
Conditions for handing over things
The following influences whether it will be possible to return goods without labels, but with a receipt to the store::
- product quality;
- preservation of presentation.
Proper quality
The conditions under which it is possible to return goods of proper quality to the seller are stated in Article 25 of the PZPP. You can exchange an item if :
- it was not used;
- packaging, seals and factory labels are not damaged;
- the fact of purchase can be proven by the presence of a cash or sales receipt or by the testimony of witnesses.
If at least one of these points is not met, the seller has the right not to exchange the goods.
It is worth noting that in some cases, sellers meet buyers halfway and accept the product even if the conditions listed above are not met . However, it is necessary to understand that this is an exception and not a rule that must be followed.
The law deals only with those tags, seals and labels that are factory produced. Items without a store label must be returned.
Example . At store N. Anna bought a shirt, brought it home, took off the label, tried it on and cut off the tag. However, she soon examined the item more closely and realized that it did not match with anything. In this case, is it possible to return an item with the label cut off, but with the receipt saved?
- Yes, subject to certain conditions: if Anna cut off only the store tag and did not touch the factory labels, if the receipt was preserved, and if it is not visually noticeable that the item was used.
- Not if Anna cut off both the tag and the factory labels, or it’s obvious from the shirt that it was used.
If a defect is detected
Thus, according to the law, the consumer has the right to exchange the purchased product for a completely identical one, for a similar product of a different model or from another manufacturer, receive free repairs, or demand a refund.
To return a defective product, you must prove that the cause of the defect is a manufacturing defect or the actions of the seller. In other words, if the product was damaged before purchase, it can be returned , but if the breakdown occurred during use, it cannot be returned.
You can return a faulty product within the warranty period, which is usually indicated in the warranty card. If the issuance of such a coupon is not provided, the warranty period is two years and is counted from the moment of purchase, more precisely, from the moment the check is issued, according to Art. 19 ZPPP.
Example . The kitchen faucet body cracked after installation. The buyer contacted the store with a request to replace the damaged product with a new one. Is it possible?
- Yes, if the seller agrees to a peaceful resolution of the situation, then the request can be satisfied without additional action, based on the application.
- Yes, if the examination shows that the breakdown was not the fault of the buyer.
- No, if the examination shows that the buyer himself is to blame for the breakdown.
Despite the fact that a receipt - cash register or sales receipt - is the main proof that the purchase was made, you can do without it when returning the goods. However, for this it is necessary to prove that the purchase was made in this store.
You can use it as evidence:
- witness statements;
- camera recordings, if any.
What products cannot be returned?
These products include:
- Medicines and related products.
- Hygiene items.
- Cosmetics and perfumes.
- Textiles and knitwear are goods that are sold in metres.
- Construction and finishing materials, cables.
- Utensils, food containers, and all materials intended for handling food.
- Household chemicals, chemicals.
- Weapon.
- Furniture.
- Jewelry.
- Vehicles.
- Animals and plants.
- Non-periodical publications.
This list applies exclusively to quality products. If the goods are defective, they can be returned within the time limits established by law!
Procedure
So, you can return a defective product before the warranty period expires - usually it is two years. To do this you need the following:
- defective goods;
- receipt or other proof of purchase;
- identification document (for example, passport).
The return procedure is as follows:
- The buyer contacts the seller (or manufacturer) with a claim in duplicate. One remains with the seller, and the second is marked with acceptance of the claim and receipt of the goods. Copies of the documents required to return the purchase are attached to the application.
- If the seller refuses to accept the claim, it is sent by registered mail.
- If the issue of returning the goods is not resolved immediately, the defective product is sent for examination.
- Depending on the results of the examination, either the seller returns the money or exchanges the goods, or the buyer compensates the seller’s costs.
The claim must indicate:
- buyer data;
- information about the seller (store address, owner’s full name, legal name);
- date of purchase;
- exact name of the product;
- the reason for returning the goods;
- requirement to the seller (exchange, refund, compensation, etc.);
- list of documents attached to the claim;
- date of filing the claim.
Complaint about violation of buyer rights
The main organization protecting the rights of the buyer is the Federal Service for Supervision of Consumer Rights Protection (Rospotrebnadzor).
If it is not possible to resolve the situation with the help of Rospotrebnadzor, the buyer can appeal to the consumer rights protection society or file a lawsuit in court.
Thus, Rospotrebnadzor is usually contacted in the following cases:
- If the purchased product turns out to be defective.
- If the problems are related to online shopping.
- If the seller insults the buyer or unreasonably refuses service.
- If the seller refuses to replace the defective product.
It is difficult to hand over quality items without tags to a store, since in this case it is difficult to prove that they have not lost their presentation and have not been used. However, with damaged items, the law is on the buyer’s side, up to compensation for moral damage .
However, it is worth noting that although, by law, the seller has the right not to return money for quality items, buyers are often met halfway and compensated for costs.
Documentation
Typically, the following documents are required to return an item with a factory tag:
- buyer's passport;
- torn off store tags, if they are preserved;
- a sales or cash receipt to confirm the purchase (this item is optional according to the Law, since it is possible to return the goods without a receipt).
Decision timing and consequences
So, these are the deadlines specified in the legislation:
- 14 days from the date of purchase for exchange of goods of good quality, provided that the tags are kept.
- 14 days from the date of purchase of the defective product.
- The duration of the warranty, if it applies to the purchased item.
It is important to remember here that the 14-day period does not count from the day you made the purchase, but from the day following it. That is, it turns out that if you include the date of purchase, you have 15 days to return it. This period is not extended under any circumstances, even if the buyer was sick or on a business trip and was therefore late in presenting the goods.
The law must be respected equally by both sellers and buyers.
Protection of rights
The Consumer Rights Act protects not only buyers, but also sellers from consumer extremism.
If you do not carefully read the Consumer Rights Law, you may have the mistaken opinion that it is possible to return the purchased product at any time and in any condition, even damaged.
However, the seller should not work at a loss, meekly agreeing with every buyer.
So, sometimes frivolous tearing of tags can result in the loss of a large sum of money. It is recommended not to rush to tear off the factory labels, but to carry them around for 14 days from the date of purchase - this is how long the period lasts during which you can exchange the product simply because it did not fit or you did not like it.
If within 14 days you discover a defect in the product and are convinced that the reason for it is not your operation, but the poor quality of the manufacturer’s work, then you have the opportunity to exchange the product.
Is it possible to return clothes to the store if the labels are torn off?
An exchange of a non-food product of proper quality is carried out if the product has not been used, the presentation, consumer properties, seals, factory labels are preserved, and the buyer also has a cash register and sales receipt, or any other document with which one can confirm payment for the specified product. Know that if you do not have a cash receipt or sales receipt, or any other document confirming the fact of payment and purchase, it does not deprive you of the opportunity to exchange the goods if the buyer refers to testimony, with the help of which the fact of purchase will be confirmed.
How to return clothes to a store without a label
"World of Labels" can produce a self-adhesive label with exactly the characteristics that the customer needs. Self-adhesive labels have proven themselves excellent for: ECO thermal labels – a label with one layer (without a protective layer).
Returning a Product Without a Label Therefore, on the one hand, the administration of a retail outlet in Moscow or the Moscow region has every right to refuse the exchange procedure for a similar product, and in the absence of one, to return it.
You can return an item to the store if you have torn off the label and price tag
An exchange of a non-food product of proper quality is carried out if the product has not been used, the presentation, consumer properties, seals, factory labels are preserved, and the buyer also has a cash register and sales receipt, or any other document with which one can confirm payment for the specified product.
And if you bought it at an expensive price and a week later the price decreased by half, but you wore it for a week, and the receipt still has the tag but it’s torn off, I want to return it back later, but for a price lower than what I bought, here’s food, wish me luck) I bought a polto in a store, the seller offered to immediately put it on and walk in it, the seller herself cut off the price tag, and I went out in the polto, got into the car and drove home, when I arrived home, I was disappointed in the purchase, the size and style were not mine, do I have the right to return this? Polto back, receipts saved.
But how can you return an item to the store if the sales receipt issued by the seller was destroyed or lost? In this case, you can provide alternative options for returning the purchase. An alternative to a check (if it is lost) can be: a receipt (comes with the check).
Is it possible to return items to the store without labels?
Is it possible to return an item without a tag, but with a receipt? Answers In Russia, the rights of buyers are protected at the legislative level. Items without tags, even with a sales receipt in hand, are problematic to return, since they already have traces of use (the presence of torn tags and labels, damaged packaging and other obvious damage is considered a violation of the presentation).
Is it possible to return a new suitcase if the label is torn off?
In practice, if an item does not meet some criteria, buyers immediately ask to terminate the contract and return the money. Unscrupulous sellers often take advantage of this; they have developed the following scheme: they agree with the buyer on everything and ask him to write a statement stating that the item was not suitable and the buyer asks to terminate the contract and return the money paid.
"World of Labels" can produce a self-adhesive label with exactly the characteristics that the customer needs. Self-adhesive labels have proven themselves excellent for: ECO thermal labels – a label with one layer (without a protective layer).
Returning a Product Without a Label Therefore, on the one hand, the administration of a retail outlet in Moscow or the Moscow region has every right to refuse the exchange procedure for a similar product, and in the absence of one, to return it.
Is it possible to return children's clothing without tags back to the store?
apparently, these laws are written only in your head) because those that the Sun wrote about are valid, that’s why I don’t try things on if there is a suspicion that they were not only measured, but also worn:(((((((and I wash them always after a purchase, even sweaters and other things are ok if they don’t look worn, but what kind of thing is it and what’s the problem? appealing to the conscience of a person with the psychology of a beggar is pointless. She’s not sick, it’s just that someone would like to buy a thing after you.
An exchange of a non-food product of proper quality is carried out if the product has not been used, the presentation, consumer properties, seals, factory labels are preserved, and the buyer also has a cash register and sales receipt, or any other document with which one can confirm payment for the specified product. Know that if you do not have a cash receipt or sales receipt, or any other document confirming the fact of payment and purchase, it does not deprive you of the opportunity to exchange the goods if the buyer refers to testimony, with the help of which the fact of purchase will be confirmed.
Is it possible to return clothes to the store without tags?
- If we are guided by Article 25 of the Law “On the Protection of Consumer Rights”, then it is impossible to return a quality item, even because the shape, style, size or color is not suitable, but has traces of use (missing tags or tags), it is impossible, even with the presentation of a receipt;
Is it possible to return clothes without a receipt but with a tag?
Sometimes stores refuse to accept an item, citing the fact that the presentation has not been preserved; in such a situation, the buyer can turn to an independent expert, who will give a conclusion that the item has not been used - this will be a significant help in the legal proceedings of the dispute. True, you will have to pay for the examination, but if you win in court, this money can be recovered from the seller. It often happens that the item has not actually been worn, but the buyer has already cut off the tags from it.
Is it possible to return an item to the store without a tag but with a receipt?
Source: https://corona-tv.ru/migratsiya/mozhno-li-vernut-odezhdu-v-magazin-esli-sorvany-etiketki
Conflict situations
Is it possible to return an item without tags? Buyers should be aware that there is a real possibility of doing this. But you can avoid conflict situations by choosing your purchases wisely. Before communicating with staff and administration, you should stock up on evidence confirming the purchase of the product and that claims have been made.
This means that the purchaser communicates with the seller using an application and certified documentation: the copy left must contain notes indicating that the documents were handed over in person or sent by registered mail, inventory, or notification.
If they refuse to accept the item
In the event that they refuse to accept the item from you, then sending a written application for the return of the goods from the consumer will be the most competent decision. At the same time, do not forget to make copies of the letter, this can be very useful in the future.
If the seller does not agree to either an examination or a return, then you can contact an independent expert yourself , and then visit the seller with the results. In the case of such a statement, supported by expert opinion, it is worth requesting compensation from the seller for the costs of conducting a quality assessment, because according to the law, in the event of inadequate product quality, the cost of the examination is covered by the seller.
The seller refuses to issue a refund even after this? Contact a lawyer to file a statement of claim in court and contact Rospotrebnadzor. Based on the results of the trial, you will be able to not only recover the purchase costs, but also compensate for all costs of legal services, examination, and obtain the payment of penalties and fines from the seller.
Where to go if the seller refuses to return or exchange an item?
The first authority that should be mentioned is Rospotrebnadzor , because if the store has not responded to the complaint, then you should write there. Of course, no one will help extract money from unscrupulous sellers, but they will be able to carry out a lot of checks on a campaign that ignores its customers. Please note that there is not a single word in the law about the need to preserve the packaging of the goods. Only the receipt should be kept. If the goal is to get only money (exchanging the product for another is not even considered), then consider this simple advice. It is worth coming up with a compelling reason for the return, such that there is no replacement available from the assortment presented in the store. You can say that it “didn’t fit” (many people make the mistake of using the wording “didn’t like it”) about everything: shape and color, size and style.
If you still refuse to return, then you need not to despair, but write a complaint in which you state the problem, indicate the date and time (if possible) of the purchase, the date and time of contacting the retail outlet, and make a list with the names of the employees involved in the conflict. After the above, put the current date and time, as well as a signature. Give one copy of the complaint to the store, have it stamped and signed by the staff, and submit it to Rospotrebnadzor and the Department of Trade. It is also necessary to note in the complaint that the staff of the outlet did not react in any way to the review in the complaint book. It is much easier to deal with defective goods if the seller has not specified the defect in advance. Any markdown is a potential defect: discount, promotion, sale. It is impossible to return specified defects, although it is worth a try, because for some sellers their reputation is more important than a penny profit from one of the goods.