Returning food products of proper quality: is it possible and how is it done - we answer

What can you return to the store?

The buyer's right to exchange goods or return money is provided for in Article 25 of the Law on the Protection of Consumer Rights. According to general rules, you can only return non-food products of good quality within 14 days from the date of purchase or during the warranty period if a defect is discovered.

Since the products belong to the food group, only goods of inadequate quality can be delivered to the supermarket:

• if products were sold with an expired shelf life;
• there is an unpleasant odor when opening the package;
• appearance and consistency do not meet established standards (mold, gray cut color on sausages);
• due to damage to the container, the seal of the packaging was broken;
• the weight does not correspond to that indicated on the label;
• upon opening, foreign objects were found (glass, pieces of metal, insect larvae, etc.).

You can also donate products if the packaging does not contain:

• translation of information into Russian (for imported products);
• calorie data;
• manufacturer's name;
• dates of packaging, production;
• instructions on storage conditions before and after opening;
• information about additives that are contraindicated in certain diseases (emulsifiers, preservatives, stabilizers);
• expiration date.

Another reason for returning could be an allergic reaction or food poisoning. In this case, you can count not only on a refund of the money spent, but also on compensation for the costs of treatment, medications, moral and material damage.

You cannot return high-quality dairy, sausage products and other food products purchased by mistake or when the buyer changes his mind.

What to do if they refuse

To obtain advice, the victim has the right to write to the appropriate department of the local government or to the ZPP Society. There he will receive assistance in writing a complaint and a lawsuit, as well as other legal assistance.

To restore violated rights, you can contact the territorial bodies of Rospotrebnadzor. Staff will review a written complaint and respond within 30 business days. During the investigation, an unscheduled inspection of the store’s activities is required. If deficiencies are discovered, the offender faces an administrative fine.

Judicial protection of consumer rights is also provided. The statement of claim is filed in the district or magistrate court. In this case, the plaintiff is exempt from paying state duty. If the decision is positive, the defendant is obliged to fulfill the plaintiff’s conditions. In addition, he is subject to a fine equal to half the amount awarded to the consumer.

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How many days are there to return a purchase?

Spoiled sausages, meat, and fish can be disposed of immediately or during the expiration date. It should be borne in mind that the chances of withdrawing money or exchanging for other products are higher if you apply on the day of purchase.

If the product turns out to be of poor quality, the store will not be able to refuse it even after a week. But it will be more difficult to prove violation of storage conditions by the seller, depressurization of the packaging before transfer to the buyer or the manufacturer’s fault.

If you cannot hand over sour milk or spoiled sausage on the same day (there is no time, the store is already closed), you can return the next day or another day. Consider expiration dates and observe storage conditions before returning to the seller.

For example, chilled fresh minced meat, semi-finished meat products, and offal can be stored for 12 to 48 hours in airtight packaging. Smoked sausages, poultry carcasses if the packaging is broken - up to 72 hours. A longer shelf life - up to 7 days - for sausages and frankfurters in vapor-gas-tight casings.

Chilled fish should be shipped within 48 hours. You can try to exchange milk, cottage cheese, sour cream and other dairy products, depending on the type of packaging and heat treatment, in the next 24–48 hours. The terms and conditions of storage of specific types of food products are approved by sanitary standards and rules SanPiN 2.3.2.1324-03.

Claim structure

The claim begins with details. In the upper right corner, the applicant indicates the seller’s information: Last name, first name and patronymic of the store director and address of the outlet. Below, the citizen writes his full name, actual residence address and telephone number. To speed up the processing of your claim, you must also write your email address, but this is not necessary.

Next, you need to correctly formulate the name. There are two spelling options. In the first case, you can simply write “Claim” without clarification, and this will be legally correct. As an alternative, practitioners offer an expanded version of the title, such as “Claim for return of goods.” It is important to note that it is legally correct to write “for return” and not “about return”.

The introductory part begins with the introduction of the citizen-applicant. He indicates his full name, and sometimes his passport details (at the request of the seller). 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.

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. Here expenses are assessed (on medicines, doctors) and the approximate amount is written.

In the last paragraph, the consumer refers to the laws described at the beginning of the article. This part is not mandatory; without it, the claim also has its legal force, but this way the seller will be notified of the buyer’s legal literacy.

In the next paragraph, after the word “please,” the citizen describes what actions he expects from the seller. For example, the buyer may insist on an exchange of goods, a refund, or payment of compensation for damage received.

The claim is confirmed with the date and signature of the citizen. Without them, this document has no legal force.

Terms of consideration and decisions on it

If the buyer appeals a discrepancy between the packaging and contents or shrinkage of the goods, the return (or exchange) procedure must be carried out at the time of appeal, and the money will be returned in full (or a product similar to the declared one will be offered).

If the case concerns food products with defects, the store has 10 days to review the claim. This period also includes time for conducting an examination, if necessary.

Read how to properly file a complaint.

Follow the link for instructions on how to return to Ikea.

If the check is lost

You can donate spoiled food without a receipt. This possibility is provided for by the PZPP. When making a return, the buyer must confirm the purchase at a specific supermarket or department. To do this you can present:

• a barcode that supermarkets usually put on packaged products;
• SMS about debiting money from the card;
• an electronic receipt that sellers must send to their phone when making a sale.

The words can be confirmed by two witnesses or recordings from video cameras installed in the sales area.

Consumer rights

By law, you have the right not only to return, but also to exchange food products of poor quality. In the first case, you will get your money back, in the second, they will exchange a low-quality product for a high-quality one. If there is no product of the same brand, you have the right to ask to sell you another one. Be prepared to pay extra if the product you choose costs more than what you previously purchased.

If the seller refuses to exchange or return food products, do not give up. By such actions, the retail outlet violates the law. You can complain to Rospotrebnadzor.

If the claims to the quality of the product are serious, for example, it was manufactured with obvious violations of technology, GOSTs, or other requirements, you can file a claim not only with the store, but also with the direct manufacturer or importer. Contacts are indicated directly on the product packaging.

The seller, manufacturer or importer is obliged to accept a low-quality product and, if necessary, carry out an examination of it. In this case, all checks are carried out at their expense. The buyer has the right to be present during the examination and can challenge its results.

If the experts determine that the defects did not arise through the fault of the seller, the consumer will be obliged to reimburse all costs for the inspection, as well as for storage and transportation of the goods.

Please note that all your requests for exchanges and returns of food products must be satisfied within 10 days. This:

• reduction in product price;
• returning food products to the store (with a refund of the amount spent);
• compensation for losses incurred by the consumer.

How to file a claim

To file a claim, you will have to visit the store again. You must have with you:

1. Item to be returned.
2. Receipt or proof of purchase.
3. Passport (needed to receive money).

In the store, you need to explain the situation to the cashier or ask to invite the administrator. In most cases, the situation can be resolved peacefully by presenting spoiled products.

If the seller refuses to immediately exchange the goods, you can ask for a form to fill out a claim, attach a cash receipt, sales receipt, indicate contact information, passport information, and requirements. The complaint is drawn up in two copies - one each for the seller and the client.

From the moment the complaint is received, the store administration has 7 days to consider the complaint, conduct an examination, make a decision and fulfill the buyer’s requirements.

Rules for the return of food products by the buyer

Returns have their own procedure and terms. It is worth studying the necessary algorithm of actions when such circumstances arise to effectively protect violated rights.

Where to contact

If you find a product of poor quality, you should first contact the place where it was purchased. To resolve the problem without conflict, you need to negotiate with the store management, presenting the overdue payment.

In most cases, the dispute can be resolved peacefully because traders try to avoid liability. In such a situation, the buyer may be required to submit a written return request.

If the customer does not agree to accept the product, he has the right to put his demands in writing and submit them to the administration of the outlet.

Making a claim

Filing a claim is a prerequisite for pre-trial resolution of the conflict. It is important to draft this legal document correctly to obtain an objective answer. The complaint must contain:

• name of the store or full name of the entrepreneur, legal address;
• applicant's details indicating place of residence and contact telephone number;
• detailed circumstances of the incident (indicate when and what product was purchased, what defects were found, the reason for the refusal by the seller);
• references to legislative norms;
• clear buyer requirements;
• application (copies of passport, payment documents, if available).

The document must be signed by the applicant, and the date of completion is indicated. The claim is submitted in two copies. One of them remains for the addressee. For personal transfer, you need to ask the seller to sign for receipt on the second copy. It is possible to send requests by registered mail with notification.

KNOW: Claims against the seller are made during the period of use of the product, except for expired goods.

Requirements

The general rule for low-quality goods, provided for in Art. 18 of the PPP also applies to food products. The purchaser has the right to request:

• exchange food product;
• return the funds spent;
• sell the product at a lower price.

In addition, damage caused to the health of a person who has consumed low-quality food is subject to recovery in court.

If the consumer ate the product and ignored important information on its packaging, for example, about the inadmissibility of its use by allergy sufferers, then in this case the claim for compensation for harm to health can be called into question.

Response time

The execution time depends on which option the client has chosen.

If the seller voluntarily fulfills the consumer's requirements, the return or exchange of food products is carried out within 14 days from the date of purchase.

The merchant must return the money or make a decision to provide a discount no later than 10 days from the moment the citizen applies.

If a complaint procedure is applied, the response must be received within a month from the date of receipt of the complaint by the defendant. If you disagree with its contents, the seller has the right to conduct an examination of the quality of the product. If the goods are in good condition, the costs of carrying out the inspection will be borne by the applicant.

If poor-quality food products cause poisoning

In this case, the procedure is slightly different. The following will help prove the guilt of the manufacturer or seller:

• certificate from a medical institution;
• results of product research by an independent expert, laboratory.

When filing a claim, you must attach these documents, receipts for medications, receipts for payment for examinations and examinations.

If the administration of the retail outlet refuses to return the money and compensate for treatment costs, you can send a complaint to Rospotrebnadzor, the sanitary-epidemiological service, or file a lawsuit.

In what case is it necessary to file a claim?

Is it possible to return products to the store without writing a complaint? Yes, if it comes to a discrepancy between the product and the packaging (although some sellers still ask the buyer to document everything, and there is nothing illegal about this).

In all other cases, writing a claim is necessary, because in case of disagreement, it is she who will be able to protect the rights of the consumer.

Along with the claim, the subject of legal relations must submit a number of documents to the store. An approximate list looks like this:

1. A copy of the receipt (the store may require the original, but it is better not to hand it over. The original payment document is shown to the seller, after which the copy is certified by the signature of the store administrator as valid).
2. A copy of a passport or other identity document (there is also no need to notarize the copy, it can be certified by the administrator’s signature).
3. Copies of any receipts, receipts and certificates if the defective product led to a violation of the consumer’s health. These documents are needed in order for the store to pay compensation for treatment.
4. Examination data (if one was carried out by a consumer rights protection society or a laboratory in the hospital where the injured citizen went).

After filing a complaint, it must be assigned a special number, which is immediately communicated to the consumer. If this does not happen, your application may simply be “lost”, since the fact of its submission will not be legally confirmed.

When will the money be returned?

If the client decides to withdraw the money, the purchase price will be returned immediately or within 10 days from the date of filing the complaint and application for return. In this case, the administration of the outlet will take into account the payment method:

• If the purchase was paid for in cash, you will have to return to the supermarket again and receive the money after the cashier has issued a statement of cash disbursement. The buyer or his representative can apply in person with a power of attorney certified by a notary.
• For goods paid for with a bank card, the store will return the money by transfer to the card account. In this case, you will have to wait up to 30 days - the period for crediting depends on the issuing bank, the speed of payment processing and the rules for conducting transactions.

You can change the method of receipt only in a few cases:

• the card was lost;
• The credit card has expired.

In such situations, the application must indicate a convenient method of receipt, a request for payment in cash or transfer to other card details.

How can I return food products of proper quality?

Food products belong to the type of goods that are legally not subject to exchange or return if they meet quality standards and sanitary standards.

Even if the client just paid for the purchase and decided to immediately refuse it, according to the law he has no right to do so if his requirements are exclusively subjective. After the cash receipt has been punched, refusal of food of proper quality is prohibited.

If the client does not have any evidence that the product does not meet quality standards, then he will have to contact the appropriate organization for an examination, which will either confirm his concerns about the product or refute them. The satisfaction of his requirements will depend on the results of the examination.

Reasons for return

The rules for returning goods from the buyer to the supplier (in this case between legal entities) are regulated by the current edition of the Civil Code. The return is processed on the basis of a delivery agreement or purchase and sale agreement signed by the parties. It is in the agreement between the parties that the basic data of the product should be specified: its quantity, characteristics, range and completeness.

If the supplier has transferred products that do not comply with the terms of the concluded contract, the buyer has the right to refuse it and issue a return. Based on Art. 475 of the Civil Code, he may demand that the advance payment for the product be returned to him or replaced with a high-quality one or one that meets the terms of the contract.

Chapter 30 of the Civil Code contains a list of possible grounds for return:

1. The supplier regularly violated the deadlines for the transfer of goods (Article 523).
2. The quality of the transferred goods did not meet the contractual conditions (Article 475).
3. The buyer was not provided with an exhaustive list of information about the main characteristics of the goods (clause 3 of Article 495).
4. The required quantity of goods was not transferred to the supplier (under Article 466). This violation is recorded in the act and serves as the basis for a request for money back or a requirement to provide the missing goods within a reasonable time.
5. There was an incorrect configuration (Article 480). The buyer has the right to reduce prices for products or complete them. If the supplier refuses to accommodate the buyer, the buyer may file a claim for return.
6. The products did not have containers or packaging (Article 482).
7. The buyer was provided with the wrong assortment (Article 468).

The legislation also allows for other reasons for return when they were agreed upon in the supply agreement (Article 421).

Products with established warranty periods are subject to special return conditions.

When certain defects are discovered in a product during the warranty period, the buyer can file a claim with the supplier for a replacement or return of the defective product.

Products with an expiration date are returned in the same way. If an expiration date or warranty period has not been established, then claims regarding the quality of goods are accepted within 2 years after delivery (in accordance with Article 477 of the Civil Code).