⭐ Is it possible to return a product without packaging: what the law says

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Packaging is the first thing that goes into the trash bin after purchasing a product. Often the check also ends up there. At the same time, due to the lack of original packaging, stores refuse to allow customers to return defective or simply unsuitable items.

For your information

In most cases, the seller’s refusal to return goods without packaging is unlawful. However, the arbitrator does not always side with the consumer, which is confirmed by extensive judicial practice. So is it possible or not to return the goods to the store with the packaging opened or without it at all?

Normative base

The time and conditions for returning goods are specified in the articles of Chapter II of the Federal Law “On the Protection of Consumer Rights”. The buyer has the right to claim a replacement with a similar product or compensation for his costs in two cases:

when the product does not meet the buyer’s requirements regarding shape, size, color or configuration;
if a manufacturing defect or defect has been identified.

In the first case, the application is made no later than 14 days after purchase in accordance with Art. 25 ZPPP. In the second, the purchaser can contact the retail outlet with demands for a refund or replacement of the product both before the expiration of the warranty period and subsequently.

Returning a product without packaging of inadequate quality

Returning a defective product is possible throughout the entire warranty period determined by the manufacturer and/or seller. An exception is made for technically complex, multifunctional products listed in Decree No. 924: smartphones, tablets, household and garden equipment, etc. They can be returned to the store after 14 days after purchase if:

the product is repaired under warranty for more than 45 days;
significant, irreparable, repeatedly manifested deficiencies or those the elimination of which is unprofitable have been discovered (the costs of labor and spare parts are approximately equal to or exceed the purchase price);
The product cannot be used for its intended purpose for a total of more than a month in any year of the warranty period. It does not matter whether we are talking about different faults or the same recurring one.

Attention,
the seller returns the defective product back to the manufacturer or supplier. The law does not impose requirements regarding appearance for such things, so the box, packaging and wearing parts do not need to be included with the returned product.

Packaging is required if it is an inseparable part of the product or if the manufacturer has specifically warned about the need to preserve it. Often such containers are marked with product markings.

What you need to save for product warranty service

When returning or exchanging a product item within 14 days from the date of its purchase, the consumer must present a certain set of items to the store:

receipt confirming the purchase;
warranty card;
other documents that were included during the purchase process;
the goods are in intact form, i.e. without traces of use in the form of dents, chips, scratches, cracks;
tags, labels, seals;
original packaging, which is in the same condition as at the time of purchase (Article 25 of the ZPP Law).

If a product item is found to be defective, the buyer must comply with the following conditions:

providing evidence that the item was purchased specifically on the territory of this retail facility (receipt or witness testimony);
an indication of existing defects (if necessary, proof that they arose due to a manufacturing defect and not the consumer’s fault, Articles 18-19 of the ZPP Law).

Based on the above, we can conclude that to return a product under warranty, keeping the box is not a necessary step.

When to keep the box for warranty

The consumer must store the box for 14 days from the date of purchase of the product. More precisely, not “should”, but simply “recommended”. After all, sending the item back to the store during this period is usually carried out not under warranty, but due to the fact that certain properties of the product were not suitable for the buyer. Therefore, the presence of commercial packaging will confirm its decent appearance and ensure the safety of consumer properties.

In Art. 25 of the Consumer Rights Protection Law states that the consumer has the right to return or exchange goods within 14 days, not counting the day of purchase, if:

preserved presentation (no cracks, scratches, dents);
properties of consumer value are not damaged;
there are factory labels and seals;
you have a check or receipt in your hands (if there is testimony, compliance with this condition is not necessary).

As you can see, not a single word is said about the packaging of goods in the law. However, the box is part of the presentation, so its presence is considered mandatory to preserve it. But this rule only applies to the situation when the return/exchange is carried out within the first two weeks from the date of the transaction. The seller has the right to refuse returns and exchanges if the goods are included in the list of items that are not subject to exchange or return (Government Decree No. 55 of January 19, 1998).

Returning goods without packaging of proper quality

The consumer can exchange a good quality product within 14 days after purchase if it does not fit any parameters: color, configuration, size, style, etc. This is guaranteed by Article No. 25 of the PZPP.

Attention

The rule does not apply to medical devices, perfumes and cosmetics, complex technical products, furniture, textiles, jewelry, etc. The full list of goods that are not subject to return or exchange is given in Resolution No. 55 of January 19, 1998.

You can refuse the product and receive money only if the store does not have an exchange alternative suitable for the consumer. The product must retain its original appearance: all labels and seals are in place, there are no signs of use. Unlike a defective product, a quality product will be put on display and sold again after its return.

Whether the packaging relates to “appearance” is decided jointly by the client and the seller, and if no agreement is reached, by the court. As a rule, factory packaging is required, but the one that the store issued for protection or ease of transportation of the goods is not.

When you don't need to keep the packaging for warranty

Despite the fact that the legislator reserves the consumer’s right to return a product item under warranty without the original box, not all retail outlets agree to accept it back.

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How product quality is checked and why it is needed

But such acts are illegal and give buyers the right to file complaints/claims to higher authorities. Let's consider several common situations in which the seller explains the decision to refuse due to certain circumstances:

Manufacturer's refusal to accept goods without original packaging. The law in this case is 100% on the buyer’s side, since ensuring the product is marketable is the task of the seller, but not the consumer.
Availability of an indication of the safety of the product packaging in the warranty card. This is illegal and does not comply with current regulations. The store is obliged to ensure that the goods are accepted under warranty when they are presented in full, and this rule does not apply to the box.
Damage to the goods during transportation due to the absence of a box. The consumer has the right to conduct an examination designed to establish the fallacy of such assurance (Clause 5, Article 18 of the law on PPP).

In paragraph 7 of Art. 18 states that if the weight of a product is more than 5 kg, a citizen has the right to demand from the seller free delivery of commodity items to a retail facility. The condition of the product after transportation will ultimately become the responsibility of the party selling the product. It turns out that if the item is returned to the store during the warranty period, the seller’s requirement for the presence of packaging is unlawful.

How can you return a product if the packaging is damaged: instructions, deadlines

Lawyer: Alexandra Tabakova

Returning goods of inadequate quality (defective)

A product of poor quality or defective is considered to be one that has deviations from the normal one.

There are deviations in appearance from normal, or the equipment is not complete;
There are shortcomings due to which the product is not able to satisfy the expected needs of the buyer;
There are shortcomings that prevent the product from fulfilling its direct functional purpose;
Characteristics differ from those stated in the accompanying documentation;
The parameters do not correspond to GOST or TU, according to which the goods were produced.

Reasons for return

There are different types of marriage.

View	Description
Ordinary	The quality of the product does not meet the standards established for it
Essential	Defects are difficult to remove and may require a high investment of time and money
Explicit	This type of defect is detected during a routine inspection. It is also detected at the technical control stage
Hidden	This type of defect is discovered during the operation of the product or during long-term storage

Any of the above types of defects allows you to return the product to a store or other outlet.

However, it is not possible to return the goods in the following cases:

If the defect arose due to the actions of the buyer;
If the buyer was informed in advance about the existing defects;
If the warranty period has expired.

The warranty period is the period during which the manufacturer or seller provides the buyer with the right to return a defective product. It is installed on each item separately, depending on the characteristics of a particular product and legal requirements.

The warranty period includes:

warranty from the manufacturer - which is established by the manufacturer in accordance with the law (for example, in GOST);
warranty from the point of sale - which must be no less than the period specified by the manufacturer.

The buyer can return the product within two years after purchase, even if the warranty period has expired. However, this requires serious reasons. And the return procedure in this case will be complicated.

Buyer's rights

If the product is of inadequate quality, that is, violations and defects are identified, then, according to Article 18 of the Law “On Protection of Consumer Rights,” the buyer has the right to a number of demands.

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Which products cannot be returned

The buyer has the right to:

To return and receive money;
To exchange the product for a new one with the same declared characteristics;
To carry out repairs free of charge;
To exchange for a product with other characteristics with payment of the difference in price
By agreement of the parties, a reduction in the price of the product equal to the amount of the defect found.

It is important to consider that the choice of one of the above items should be made by the buyer, but not by the seller.

Procedure

If a defect is discovered after the purchase, the first thing the buyer should do is contact the seller. At the initial stage, you should try to come to an agreement with him verbally, but if nothing works out, then you need to move on to serious action.

Filing a claim addressed to the seller

There is no specific template in the legislation, but in practice a certain form has already been established, which is often used when returning goods. It is this that must be followed; only in this case will the statement have legal force.

The claim must contain the following:

Full name of the buyer, his contact details and signature;
Name and address of the outlet;
Date of purchase;
Information about the product (for example, its exact name and serial number);
Reason for return (listing of all product defects);
Indicate the requirement to return the goods;
Describe the list of documents attached to the claim.

In this case, the following documents must be attached to the claim:

a copy of the sales or cash receipt;
a copy of the warranty card;
invoice;

It is worth considering that in situations where the consumer does not have sales receipts, the claim must still be accepted. In the form of evidence, you can use the testimony of witnesses, information about the purchase that is available in the database, information from video cameras.

Claim consideration period

In the subsequent period, the claim is reviewed by the seller's responsible person.

Wherein:

If the buyer requests an exchange, the review may take approximately 7 days. During this period, all required checks are carried out;
If the buyer wants to return money for a defective product, the seller will have 10 days to write a response. If the result is positive, then the buyer will be paid all the money spent;
The responsible person of the seller may refuse to accept the goods and return the money to the buyer. This happens in situations where the item has become unusable due to the fault of the buyer;
If the product is defective due to the fault of the seller or the transport company, compensation may be denied. To do this, a special examination is performed, which allows us to determine what caused the malfunction.

Refund deadlines

On average, money for goods is returned to the buyer within 10 business days. If the return is made through a bank, then another 3 to 30 days can be added to the standard period. This period will be required by the financial structure in order to make the return.

It is worth remembering that for each day of delay the guilty party pays a penalty, its amount is established in accordance with the contract. If this issue is carried out without a contract, then the amount of the penalty will be equal to 1% of the cost of the goods.

Returning a defective product is a complex procedure that has many nuances. The buyer must be prepared for the fact that the seller will avoid accepting him and returning the money. To do everything right and get back what you spent, you should seek the help of professional lawyers.

Is it possible to return an item without packaging?

The rules for returning goods are regulated by the current provisions of the Law “On Protection of Consumer Rights”. According to it, the buyer has the right to return the goods in two cases:

If it is of adequate quality, but does not suit the buyer in shape, size, style, color, dimensions or configuration;
If it is of poor quality, has a serious defect or defect;

The return of goods for one of the above reasons is regulated by the following articles of the Law “On Protection of Consumer Rights”:

According to Article 18 of the Law “On Protection of Consumer Rights”, the buyer is not obliged to maintain the integrity of the packaging in the event of returning goods of either proper or inadequate quality;

The same thing is said in Order No. 160 of the MAP of 1998.

According to Article 16 of the Law “On the Protection of Consumer Rights,” the seller, as well as the manufacturer, does not have the right to prevent the buyer from returning the goods. However, one condition must still be satisfied - the goods must not be damaged by the buyer himself;
According to Article 26.1 of the Law “On Protection of Consumer Rights”, the seller does not have the right to refuse the buyer to return the goods on the basis of missing packaging;

Conclusion: the buyer can return the product with damaged packaging or without it, if the product itself is not damaged, but does not suit the buyer according to any of the basic characteristics or is defective/defective.

To learn about the cases in which you cannot return a product with damaged packaging or without packaging, read in the next section.

Step-by-step instructions for returning goods

To return an unsuitable product to a store for one reason or another, you will need to visit the retail outlet, bringing with you an identification card, a sales receipt and other documents included with the purchase, namely a warranty card and a receipt. In addition, you need to present the products purchased from him to the seller and draw up a written application addressed to the head of the outlet, which should contain the following data:

Full name of the organization where the purchase was made.
Applicant's passport details.
Characteristics of the disputed product (brand, serial number, etc.).
Transaction date and product price.
Details of the document confirming the fact of purchase of the goods (receipt or contract).
Reasons for return.
Required amount of money.
Date of application and signature.

Important
Copies of the passport, check or contract are attached to the document. Review of the application takes from 3 to 10 days. If there is a need to send the goods for expert examination, the period is extended to 1 month.

Application for return of goods

Question: is it possible to return a product that does not fit is quite relevant. Why? Purchasing many goods is a responsible matter. Firstly, the cost of the product is quite high.

Sample application for return

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One for the representative of the outlet, the other with the signature of the representative to take for yourself.

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This is also important to know:
Price in conventional units - is it legal?

The claim is usually made for defective goods. When making a claim, do not forget:

prove the fact of purchase;
remind about the correct use of the product;
list and describe in detail the shortcomings;
about the buyer's requirements, the options of which can be found in the Law on Buyer's Rights in Article 18.

Along with the claim there must be:

warranty card;
the applicant's identity documents;
payment document.

Fact
The absence of a receipt can be replaced by testimony of witnesses confirming the fact of purchase.

When purchasing online, the consumer has additional rights.

Many consumers have to face the problem of how to return a product to the seller if for some reason the product is impossible to use or not very convenient.

Unless it is necessary to take into account the features arising from the quality of the purchased product and the method of making the purchase.

Application for return of goods of proper quality

In the text of the application, which is written in any form, indicate when the product was purchased and give its full name, brand or article number. You may not include the receipt, but mention that you have it as proof of purchase.

Indicate what shortcomings were discovered and ask to terminate the sales contract and return the amount paid for the goods to you. Refer to Article 4 of the law, according to which the seller is obliged to sell to the buyer goods of good quality that meet current standards or the terms of the contract.

Indicate the way in which this amount should be returned to you: given in cash at the store’s cash register, transferred to a personal account or by postal order.

Returning goods without receipt and packaging

It is advisable to attach a copy of the receipt to your application for returning goods without packaging. Its absence is not a reason to refuse a return (Clause 5, Article 18 of the PLA).

Additional Information

In large retailers, where sales are carried out using accounting programs, when returning goods without a receipt, you can re-print the sales receipt. In any store, the receipt and release of items into the warehouse can be traced using serial numbers, markings and invoices. Instead of a payment document, a warranty card with the seller's seal, an acceptance certificate, and witness statements are accepted.

It will be considered illegal to refuse a return only due to the lack of a receipt and packaging as evidence of the sale (however, it is legal if the original packaging is important for preserving the presentation of the product).

Returning goods purchased in an online store

For goods purchased in an online store, Russian legislation provides additional guarantees for the protection of consumer rights. This is due to the obvious impossibility of personally verifying the quality of the product and its exact compliance with your wishes. Cancellation of a purchase is possible:

before receiving it in your hands;
within seven days after delivery. If this standard period is not documented, the goods must be returned within three months.

It is worth considering that the buyer will still incur certain monetary losses, because in any case he will have to pay for the delivery of the purchase.

Where to contact if a store refuses to accept a return

In a situation where the sales representative refused to exchange non-food products of proper quality and accept the application, it is necessary to send the claim using registered mail, with receipt of receipt.

An inventory of the documents enclosed is attached to the letter. You need to continue the conversation with sellers after receiving the notification.

If a retail outlet offers to negotiate with manufacturers or suppliers, do not agree. Only trade representatives do this.

If you repeatedly refuse to exchange goods, you can contact Rospotrebnadzor employees, and, as a final point, go to court. Having submitted all the necessary documents to the bailiffs, wait for the decision. You will receive money for the returned goods through bailiffs.

Returning goods without packaging to IKEA

IKEA has very humane return policies: you can get your money back for a purchase within 1 year, even if the product simply doesn’t fit. There is no need to return the packaging. The only condition is that the product must not be in use.

Attention

Exceptions are made for bedding of appropriate quality. You can check whether pillows and blankets are comfortable for resting and sleeping within 14 days; test mattresses for strength - 90 days. The buyer has the right to exchange such products, and only if the suitable model is not in stock on the day of the client’s request, IKEA will return the money.

Return claim

If the applicant is denied satisfaction of his demands, he must send a claim to the head of the organization. There is no set form to follow when filling out this document, but it must contain:

information about the organization where the goods were purchased (name and legal address);
circumstances of purchase (date and time);
cost of the product;
information about the presence or absence of a warranty card and receipt;
the essence of the problem and the date of its discovery;
the applicant’s demands (replacement of goods or return of money);
list of attached documentation.

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There are often cases when unscrupulous sellers deny that they have received a claim, so it is better to send the document by registered mail with acknowledgment of receipt.

If the organization does not respond to the applicant’s claim, he has the right to file a complaint with Rospotrebnadzor or the consumer rights protection service, as well as file a lawsuit.

Returning a product during warranty

From the 15th day after purchase, return claims can only be made for defective items. Moreover, the disadvantage of technically complex products must be significant, irreparable, or interfere with the normal operation of the product.

For your information

The consumer has the right to present his claims throughout the entire warranty period. If the manufacturer or store has not specified its duration, it is considered equal to 2 years. The warranty period is counted from the conclusion of the transaction, and if this point is difficult to determine, from the date of manufacture of the product.

Since only defective items can be returned after 2 weeks, it is not necessary to provide product packaging. However, it should be retained and returned if such a rule is provided by the manufacturer or if it is an inseparable part of the product.

Attention

According to Art. 16 of the PLA, the store does not have the right to refuse to satisfy the client’s legal requirements on grounds not related to product defects. And packaging usually does not affect the quality of the purchased product.

Arbitrage practice

In practice, it is worth considering several typical situations in which disputes may arise between the parties to a transaction.

The consumer returns the product of proper quality within 14 days (according to Article 25 of the law on PPP). If there is packaging and there are no restrictions on returns, the seller is obliged to accept it. If this does not happen, the court will certainly side with the consumer.
If there is no packaging for it, the seller has the right to refuse acceptance or exchange. But this does not mean that the buyer should accept such a decision and remain inactive. He can file a complaint with higher authorities, describing the circumstances in detail. In the decision-making process, the court takes into account the terms of the contract, the type of product, the degree of preservation of appearance and consumer properties.
The consumer returns a product of inadequate quality under Article 18 of the PPP Law. If the packaging is preserved, there is no doubt that the consumer is right and can expect to receive a similar product or amount of money.
If the box is not preserved, this is not a reason for refusal of warranty service by the seller, because the buyer is not obliged to store the box during the entire warranty period.

How to return an item without packaging within 14 days?

During the first 14 days, the buyer has the right to demand a refund if a manufacturing defect occurs. A quality item can be returned if:

it did not suit the client;
not included in the list of “non-returnable” goods of Resolution No. 55;
has not been used, its appearance and properties are preserved;
The store does not have any items for exchange.

IMPORTANT
Products with a defect can be returned without packaging. For a quality item, it is often required as a component of the original appearance. We are talking specifically about the original packaging, and not the container that the store gave to the client for ease of transportation or protection of the purchase.

During the first 14 days, the return of even technically complex items is carried out in a simplified manner, since the basis for it is any, even small, manufacturing defect. The store has the right to organize a quality check or examination if it doubts the client’s words. Returns must be processed within 20 calendar days from receipt of the first claim and delivery of the goods.

Additional questions

If you bought a defective product on credit

If the seller is ready to return money for goods purchased on credit or a loan, then the following rules apply:

you must be returned the amount in the amount of the loan repaid by that moment with a refund of the fee for providing the loan, i.e. interest.
in the case of a consumer loan (loan), you must return the amount paid for the goods and reimburse interest and other payments under the loan agreement.

Do I need to keep the packaging for IKEA warranty?

The IKEA chain of stores has become in demand and popular in the Russian Federation, thanks to its affordable prices and unique approach to the sale of product items - furniture, accessories and household goods. The work of the customer support department deserves special attention. All stores operating in Russia are interested in respecting consumer rights, since they value their reputation and “earn” their image.

Products purchased from IKEA in the Russian Federation can be returned or exchanged within 365 days from the date of purchase. To do this, the consumer must have a check and passport in hand. The store’s task is to return money for the product, even if the packaging has been disposed of. However, this standard does not apply to models that have been in use.

Refunds will be made according to the method of payment upon purchase. That is, if the bed was purchased with a credit card, the funds will be credited to it, and if in cash, the seller will give the consumer the amount of cash. Despite such laws, packaging from a product item purchased in a store should still be stored for 14 days. And then you can just throw it away.

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Deadlines

The client has the right to apply for the return of goods for which there is no packaging (or it is damaged) within the following terms:

14 days, not counting the date of purchase of high-quality, non-used items (Article 25 of the RF PLZPP);
during the shelf life or warranty period, if defects are identified in the purchase, and if these are not identified, then for 2 years (Article 19 of the RF PZPP);
at any time before delivery of the item to the client, after receipt - within 7 days, and if the buyer is not informed about the return conditions, then within 3 months. (when purchasing remotely - Article 26.1 of the RF PLZPP).

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An item without defects must be exchanged for another, similar one on the day of circulation (Article 25 of the RF PLZPP), and the money will be given back only on the condition that there are no analogues for sale, and not necessarily on the same day: it is allowed to return the paid funds within 3 days.

A defective purchase must be replaced with a similar item within 7 days after the request, and if inspection is necessary - 20 days (Article 21 of the RF PLZPP), and within 10 days to make repairs or return the money (Article 22 of the RF PLZPP).

Art. 26.1 PZPP of the Russian Federation requires the return of money for goods purchased via the Internet within 10 days after the client’s refusal.