What is the legal period for returning goods to the store and what to do if the seller refuses to return the purchase price?

Return of goods to the store within 14 days without explanation

The terms, rules for returns and exchanges are determined by the “Law on the Protection of Consumer Rights”, Article 503 of the Civil Code of the Russian Federation. The procedure depends on the place of purchase, payment method, and product category. At the legislative level, all products are divided into three groups:

• food and non-food category;
• not subject to exchange (Resolution No. 55 of January 19, 1998);
• technically complex products (Resolution No. 924 of November 10, 2011).

Depending on the category, you can refuse the purchased product within 14 days:

• at the request of the buyer - products of appropriate quality that are not listed in the lists of Government Decrees No. 55 and No. 924;
• if a defect is detected - complex technical products and products from the list of Resolution No. 55;
• expired goods.

In other situations, the rules do not apply, and you will have to agree to warranty repairs or exchange.

Products of good quality that are included in the list of non-returnable products within 14 days cannot be returned to the store (Resolution No. 55). This category includes:

• children's, men's, women's underwear;
• non-woven sewing materials sold by the meter;
• furniture sets;
• cable products, linoleum, carpeting;
• personal hygiene products, household chemicals;
• medications;
• hosiery;
• disposable and reusable plastic tableware, plastic containers for storing food;
• jewelry made of precious metals;
• multifunctional watch.

If you find expired or spoiled sausage, cheese, moldy bread or a package of sour milk in a bag of groceries at home, it is better to take them to the store on the day of purchase.

Less time will be spent on disputes if there is a cash receipt or an organization barcode with the packaging date. Otherwise, you can prove the purchase of damaged products from a specific seller using an electronic receipt, SMS about debiting money from the card, or witness testimony.

How to make a complaint to the seller

A claim is an official document that serves for the pre-trial settlement of a controversial situation.

claims for the return of goods of inadequate quality free of charge in word format

It must be compiled in accordance with the following rules:

• two identical copies are issued. One is given to the seller, the second is kept by the buyer. On the second copy, the seller’s representative must put a stamp of receipt, the date and his signature specifying the position,
• in the main part it is necessary to describe the fact of purchase. You will need to provide all the technical characteristics of the purchased product: name of the manufacturing company, brand, article number, configuration, material of manufacture, etc.,
• you should justify your requirements. The consumer must explain the circumstances surrounding the discovery of the poor quality of the purchased product. The shortcomings of the item themselves require a detailed description. It should be explained why the cable cannot be used in this form for its intended purpose,
• It is recommended to indicate your agreement with the need to conduct an examination to determine the causes of damage. In this case, it is necessary to clarify that the seller will have to pay it in accordance with the law,
• when formulating your requirements, you should definitely refer to the legislative framework for presenting demands of this kind: the Law of the Russian Federation “On the Protection of Consumer Rights” (hereinafter referred to as the Law) and the Civil Code of the Russian Federation,
• It should be mentioned that there is evidence of the purchase: a sales receipt or a cash receipt. You need to know that Part 5 of Art. 18 of the Law does not deprive the buyer of the right to return low-quality goods if there is no purchase receipt,
• If the weight of the goods is more than 5 kg, it is necessary to specify the procedure for its delivery to the seller. In accordance with Part 7 of Art. 18 of the Law, such products are classified as large-sized. The seller himself is obliged to deliver it. If the buyer wishes to carry out delivery himself, he has the right to demand compensation for this item of his expenses,
• The claim must be signed by the applicant and dated.

ATTENTION! Look at the completed sample claim for the return of goods of inadequate quality:

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

The following standards deserve special attention:

• Article 18 of the Law, which gives the buyer the right to return goods that do not meet quality requirements,
• Article 503 of the Civil Code of the Russian Federation, containing a provision similar to the one indicated above,
• Article 309 of the Civil Code of the Russian Federation, which establishes the obligation of the seller, as a party to the transaction, to fulfill all obligations assumed in accordance with the law,
• Article 310 of the Civil Code of the Russian Federation, which establishes that the seller does not have the right to refuse to fulfill the purchase and sale agreement unilaterally.

Return of goods paid for by credit card.

Consumer Protection Law: return goods within 14 days

If, during unpacking or operation of the product, a defect or signs of use were discovered before delivery to the buyer, the transaction can be canceled no later than 14 days from the date of payment.

In such a situation, the following return procedure applies:

1. The buyer writes a claim and fills out an application for a refund of the purchase price in two copies. 2. The store picks up the equipment or product, claim and statement. The second copy with the date of receipt, signature and seal of the seller remains with the applicant. 3. From the moment the claim is received, the refund period starts to count – 10 days.

A complete list of equipment that falls under the category of “technically complex devices” can be found in Resolution No. 924.

From the moment of delivery, the buyer is given 15 days to test and return the goods if a fault is detected.

By contacting the seller within the specified time frame, the client can receive compensation for the cost and damage caused by the sale of low-quality equipment. If you are late, the store administration will offer to repair the faulty product under warranty. The maximum repair period is 45 days.

While the warranty is valid, a refund is provided in the following cases:

• warranty repair lasts more than 45 days;
• systematic breakdowns of the device;
• a manufacturing defect was detected.

In this case, the “14 days” rule does not apply.

Items purchased on sale or discounted due to minor defects can be returned on the general basis:

• no later than 14 days, if the item was sold on a promotion and did not match the color, style, or is not included in the list of “non-returnable” or complex household appliances.
• Within 15 days, if the consumer discovers new flaws in discounted household appliances. The seller is obliged to accept the equipment, offer a replacement for a similar device, another model with an additional payment, or return the money.

The protection of consumer rights is carried out by a special law, which is called that way. It was adopted in 1992, and for many years after its adoption, changes and additions were made to it. They made the law more complete, relevant, and consistent with reality. This law establishes consumer rights and rules for returning goods to a store, and exchange rules.

ATTENTION! The law protects the rights of consumers who purchase goods for personal use, not for commercial purposes.

If a product is purchased for commerce, other legislative standards are used to regulate the relationship between the seller and the buyer.

Due to low legal literacy, the population does not often take advantage of the opportunities provided by law to protect their consumer rights in 2021. And sellers can take advantage of this. The product is not always accepted for return or exchange; you have to achieve your demand with the help of lawyers or contact higher organizations.

But if you immediately point out to the seller the existing “Law on the Protection of Consumer Rights” and indicate which article allows returns, there will be fewer problems. What argument can you hear from an employee of a retail establishment who refuses to return money for a purchase? A statement that the goods have been paid for, the transaction is completed, the money cannot be returned, the item should have been inspected before paying for it at the cash register.

But the seller does not have the right to refuse an exchange or return on this basis. The only legal reason for refusal is that the buyer damaged the product after purchasing it. Knowledge of such an important law for every law as the ZPP allows you to solve many problems and avoid long-term conflicts with a retail establishment.

Returning goods within 14 days: law of 2021, how to properly exchange an item

Most items can be returned or exchanged within 14 days. Restrictions include food, medicine, and underwear. Electronic devices and highly complex equipment, such as cameras, are not exchanged. The buyer must know in advance that the product cannot be returned to the store. Returns or exchanges will be possible only when a defective product is found in the equipment.

The Consumer Protection Law provides for the possibility of returning goods within 14 days without giving a reason. This rule applies to products of good quality, but not suitable for one reason or another. You can return a product that does not belong to the product category, one that is not included in the list of return restrictions.

IMPORTANT! You must adhere to the return period of 14 days, do not use this item, and do not tamper with its packaging. For delivery you will need a payment document issued when paying at the checkout.

If the receipt is lost, how can I return the purchase within 2 weeks? In this situation, you can use testimony if there is a person who was present at the payment. Under such conditions, the goods are returned without defects or defects.

But within 14 days, goods that do not have the required quality or are defective are returned. Consumer law allows both the return and exchange of a product for something similar in its functions and characteristics.

Within a period of 2 weeks, the buyer can return the product, both high-quality and defective, and he has the right not to even explain the reason for returning the product of good quality. Many product groups are sold with a guarantee that will provide free repair or exchange for a given period. The warranty period usually lasts more than 14 days.

The list of these products is indicated in Government Decree No. 924. Only 14 days are given for the return of these products; the reason for returning them to the store may not be indicated in the application. The seller does not have the right to refuse to return money for the purchase, but the buyer must comply with certain conditions.

Among them are the presence of a receipt, preservation of presentation, and the absence of traces of use of the equipment. If the product has a defect, it can simply be repaired at the expense of the manufacturer or retail establishment.

The presence of the “Consumer Protection Law” does not mean that you should buy goods thoughtlessly, without examining them, without planning the purchase. It is still worth taking a responsible approach to selection and checking consumer and quality characteristics.

There are things that are not initially subject to exchange; you can simply accidentally damage the packaging or the product itself. And in this case, it will not be possible to return the unnecessary item.

You can return an item to the store after purchase on the basis of the Consumer Rights Act (CRA). This is possible even when there are no visible defects on it, and the quality of the item corresponds to the declared one.

If we are talking about non-food products, then there are practically no restrictions here. But the following conditions must be met:

• deadlines;
• package integrity;
• presence of labels and trademarks;
• safety of the item , no damage.

The return rules and the main provisions of the procedure are presented in Articles 18 and 25 of this Law.

Returning a cable of poor quality

If the product has any defects, it can be returned to the seller during the entire warranty period. If non-conformity is discovered after the warranty period has expired or has not been established at all, the claim must be made within the two-year period from the date of purchase.

It is necessary to know what demands the buyer has the right to make (Article 18 of the PZPP):

• receipt of the amount previously paid for the product with reimbursement of all expenses that resulted from the purchase of a low-quality cable,
• when purchasing by lending - return of the part of the principal debt paid to the credit institution and accrued and paid interest,

The buyer also has the right to make demands for recalculation of the cost of the purchased goods.

If you want to return or exchange an item, you should collect all the necessary materials related to the transaction:

• consumer passport,
• cash register (sales) receipt,
• warranty receipt or coupon.

If the documents confirming payment for the goods have not been preserved or were missing initially, the buyer has the right to resort to the testimony of eyewitnesses.

Often sellers object to buyer demands to return defective products or replace them with quality ones. If there is any doubt about the presence and causes of deficiencies, the cable should be sent for examination. The consumer must be notified of the actions taken, as he has the right to be present when the experts work.

Keep in mind! As a general rule, the examination is paid for by the seller of the goods. If a citizen does not agree with its result, he has the right to transfer the goods again for re-examination, but now at his own expense.

If the parties cannot reach an agreement, the solution is to litigate the case. Although the law considers in detail the possibilities of resolving a dispute when returning defective goods, a compromise cannot always be reached. In complex cases, the result of the examination becomes the basis for the presence or absence of the buyer’s requirements.

If it turns out that the cause of damage to the cable is not the actions of the consumer, the latter has the right to receive back the entire amount paid when purchasing this product.

If it turns out that the defects arose precisely as a result of improper work, the buyer will have to reimburse the seller for the costs of examination and storage of the products. When submitting a written complaint, you should take this circumstance into account.

Article 25 of the PPA. The consumer's right to exchange goods of proper quality.

Read about returning building materials here.

How to return goods to an online store, read the link: https://novocom.org/zashhita-prav-potrebitelej/kak-vernut-tovar-v-internet-magazin-poluchennyj-po-pochte.html

Consumer rights when purchasing goods

The provisions of the article allow the purchase to be returned even if it meets the established quality and is free from defects and damage. This is done in the following cases when the item does not fit:

• to size;
• according to form;
• by color.

Such a purchase can be replaced with a similar product of a different shape, color or size of equivalent quality and cost. Or - get another item with a change in quality with an additional payment, but at the discretion of the consumer.

The provisions of the article apply only to non-food products. At the same time, there is a special List approved by the Government of the Russian Federation, which represents a product that does not allow replacement if it is not defective.

This article deals only with replacing such a product. Returning it is allowed, in accordance with paragraph 2, provided that there is no appropriate option for an equivalent replacement and it is impossible to satisfy the buyer’s claims. In the absence of an alternative that allows exchange, the consumer has the right to refuse previously purchased products and demand from the seller a return of the money paid for its purchase.

Sometimes a defect or breakdown is revealed only after the purchase has been used by the consumer and money has been paid for it. In this case, the return procedure algorithm is as follows.

Step 1 . Identifying the problem. It is necessary to identify it on the surface of the product and mark its location. Or turn on the device for use and note that it does not function.

In this case, it is also important to preserve all existing receipts and receipts, as well as the integrity of the packaging. Therefore, you need to open the box or other packaging carefully.

Step 2. Claims to the seller. Please note that the seller cannot be held responsible for the quality of the manufacturer's work. Therefore, by claim we mean raising the problem of a poor-quality product, and not blaming the seller for what happened. As part of the incident, the consumer can request a refund of part of the money in the form of a reduction in the cost of the item, if the defect is minor.

Step 3. Replace the low-quality item with an equivalent item and send it for repair. If the seller exchanges an unsuccessful purchase for an equivalent option without defects, you should agree.

When offering to repair a product at the manufacturer’s expense or from a warranty resource, it is advisable to agree if the purchased item does not have a significantly high value from the consumer’s point of view.

It should be taken into account that repairs reduce the value of a thing, but often make it more functional and durable.

Step 4. Return your purchase. If the alternative option does not suit the buyer, he has the right to request a return exchange: to receive the money paid in exchange for the purchased faulty or defective product. If a purchase and sale agreement was drawn up for the purchase, it must be terminated by agreement.

Step 5 . Trial. This stage may not occur if earlier agreements are reached to correct the inadequate quality of the product, or the money paid is returned.

Our project was created to help all consumers so that you, with knowledge of the matter and legal acts, can confidently defend your rights during any purchase or use of any services. Lawyers with practice in this field were involved in the preparation of all materials on the site. They also provide assistance by answering your questions.

In order to return the goods to the entrepreneur, the following conditions :

• There are no signs of use on the purchased items, tags, labels, seals are preserved. The product corresponds to its presentation for further resale. If there are signs of wear or use that make resale impossible, the return will be legally refused. This requirement does not apply to packaging, as it will be replaced with a new one.
• Receipt saved. Preferred, but not required.
• Products are not included in the list of non-returnable items.
• The return period is two weeks.

From January 1, 2021, new rules for the sale of goods apply

The client can terminate the transaction within 14 days if the item does not suit the size, shade, shape, or configuration.

If the entrepreneur does not agree to fulfill the request, then you can present a printed law with a requirement to cancel the purchase. Or contact the judicial authorities.

Exchange and return of goods

Not all products can be returned or exchanged. There is a list of items that cannot be returned. But since not all specific products are indicated there, but only the product group, sometimes controversial situations arise, since everyone interprets the list differently.

Such ambiguous moments occur when trying to return bed linen, furniture and equipment.

The list states that knitted and sewn underwear items cannot be returned. However, the specific products included in this group are not described. Some sources say that this means underwear, while others claim that according to State Standard 17037-85 “Sewing and knitted products. Terms and definitions”, bed linen is included in this group.

There is no list of defective goods that can be returned. That is, bed linen can be returned in case of marriage.

Termination or modification of a furniture transaction is not possible in all cases. You cannot rent out household furniture that is included in the set and kit. However, individual furniture products can be handed over if the terms and conditions are met. For example, upholstered furniture, tables and chairs (not included), a separate wardrobe, a bed and other products that are sold separately are accepted.

You cannot rent out high-quality furniture made to order.

Each seller can interpret the law in his own way and classify as sets furniture that, in the consumer’s opinion, does not belong to the above. In this case, controversial issues are resolved in a different order: you need to contact Rospotrebnadzor and the court.

The return period for quality goods is provided by law and is two weeks . After this period, only products with defects or manufacturing defects can be returned.

If the product is not included in the list of non-returnable goods, then it must be brought to the store no later than within 14 days from the day following the day of purchase.

It is necessary to provide the goods, payment documents, passport and write a return application. The application is reviewed within 3 days and if the decision is positive, the funds are returned to the consumer.

About returning household appliances

The procedure for returning household appliances is largely determined by the category to which it belongs.

All devices are divided into:

1. Technically complex devices.
2. Simple design, from a technical point of view.

List of goods related to household appliances

First of all, you should decide what constitutes complex household appliances? The list of technically complex household devices is given in government decree No. 924.

This includes:

• Refrigerators and freezers;
• Dishwashers;
• Washing machines and separate centrifuge dryers;
• Coffee makers;
• Food processors, electric meat grinders and electric juicers;
• Cookers, both electric and gas;
• Ovens;
• Microwave ovens;
• Vacuum cleaners;
• Water heating boilers;
• Mixers, blenders, toasters;
• Electric irons, steamers;
• Air conditioners, electric heaters and other home climate control equipment.

And this is not a complete list of devices that are officially considered technically complex devices.

Is it possible to return a product within 14 days if you don’t like it in 2021?

If the purchased item turns out to be defective, it can also be exchanged, repaired or returned with compensation for the money spent. Usually, sellers are willing to accommodate and do not violate the rights of the buyer, however, you still need to know how to properly return damaged goods.

A low-quality item can be returned or exchanged in the store if 2 conditions are met. Among them:

• the defect was not acquired after purchase;
• The deadline for returning the goods has not expired.

You can return the product within the period specified in the warranty card. If the product was sold without a warranty, you can make a claim within 24 months. Technically complex products can be exchanged within 15 days.

A buyer whose legal requirements have not been satisfied may appeal to several authorities. Among them:

• Rospotrebnadzor;
• court of first instance (when the amount of claims is less than 50,000 rubles);
• district court (when the amount of claims exceeds 50,000 rubles).

You can choose any court that is located at:

• registration of the injured party;
• concluding an agreement on the transfer of the product to the consumer;
• finding the seller.

To file a complaint, you must prepare documents. You will need:

• statement;
• a document confirming the fact of purchase;
• a document confirming the seller’s warranty obligations;
• examination results;
• the seller's written response to the claim;
• a copy of the buyer's identity document.

You can learn about the important nuances of the return procedure from lawyers. Many of them share their experiences:

Tatyana Zhuravel, lawyer at the Law Firm “Center for Conflictology and Law”: “When returning goods to the store, you must pack them the same way they were packaged when purchased. When returning, you must provide a cash receipt or sales receipt. If the receipts were lost, you can write an application to receive a copy of the sales receipt. The application is written to the store director.”

Olesya Obizhaeva, legal consultant: “After receiving a product from an online store, carefully inspect it. If you find any defects, record them with photos or videos. These materials may be useful in court and serve as evidence that the seller provided a low-quality product.”

If a person has purchased an unsuitable or low-quality product, he can return it back to the store. At the same time, you need to handle your purchase with care, since an item damaged by the buyer cannot be exchanged. If the seller refuses to exchange the goods without legal grounds, it is necessary to defend their rights in court. With the help of the court, you can return not only the money for the purchase, but also demand compensation for moral damage.

The period for returning goods according to the consumer protection law is 14 days. Two weeks are counted from the day following the conclusion of the transaction. For example, if the purchase of products occurred on April 10, then the clothes must be returned within 25 days. However, to initiate the procedure, a number of conditions must be met. Not all goods can be returned due to the wrong size and other subjective reasons.

Is it possible to return cable products?

Electrical cables offered on the market are not always of high quality. Even short-term operation leads to insulation failures. Sometimes breaks can be seen on a cable that has not yet been used.

If the buyer is not at fault, his interests should be restored. The Law of the Russian Federation “On the Protection of Consumer Rights” No. 2300-1 of 02/07/92 provides several options for fighting for your own rights in such situations. You should know what the conditions for returning and exchanging purchased goods are.

Return or replacement of purchased cable and wire products may be required in two cases:

• defects in the product were noticed before electrical installation work was carried out. This refers to the detection of breaks and other damage to the insulation;
• the products did not meet the required specifications. For example, a two-core cable was purchased by mistake instead of a three-core one.

List of goods that cannot be returned in 2021

According to the current provisions of the PZPP, complex technical or defective items can be returned within fifteen days from the date of purchase. After the end of the period, only repairs are carried out at the ASC. If work on one model was carried out several times, and it took more than a month to complete, then the citizen has the right to demand a partial refund or change to another position.

Unlike the warranty period, the end of the product service life in most cases is not grounds for declaring the product unfit for use. However, the expiration of the specified time affects consumer characteristics. After the end of the period, the manufacturer is relieved of the burden of responsibility if a defect is detected.

The warranty period is not related to the time of possible use, but only establishes the framework within which the store or factory responds to claims.

If you had to purchase an item in an online store or by phone, the return procedure in 2021 will be as follows:

1. You can cancel the transaction within 7 days from the moment of delivery of the goods, that is, from the day you receive the products in your hands.
2. If there is no written notification of the delivery deadline during transportation of the model, it can be returned within 3 months.
3. The returned item must retain its appearance, i.e. not be used for its intended purpose, have factory tags or other evidence.
4. We have documents confirming payment for the order - sales receipt, TORG-12, bank statement, etc.
5. If the product is not defective or manufactured according to individual parameters, then it will not be possible to return it to the store.

Returning goods within 14 days allows you to return the product without explanation, but provided that it is in good condition and does not have a position in a complex technical category. If the last day to initiate the procedure falls on the organization’s holiday, then the submission of the application is postponed to the working date.

According to the legislation of the Russian Federation, the store does not have the right to reduce the fourteen-day period, citing internal regulations. It is not always possible to detect a defect within two weeks - you need to look at the warranty period. If the coupon is not issued or filled out, the seller is obliged to accept claims within two years. The period will be counted from the moment the transaction is concluded.

You can return the product within 14 days if it is not suitable, provided it is of proper quality. Similar rules apply for product exchange. If the model is in working order, but is included in a complex technical group, delivery and replacement will be refused. The only exception is permission from the organization. As a rule, this is done to preserve the reputation of the store. In other cases, you can return the model, if it is not suitable for subjective reasons, within 14 days.

Return policy for household appliances

Federal Law No. 2300-1 establishes the basic rules for returning purchased items.

The order of the procedure depends on a number of factors:

• Does this item belong to the category of technically complex devices;
• Does it have a manufacturing defect;
• How much time has passed since purchase.

Return deadlines

The rules for returning household appliances established by the Federal Law on the Protection of Consumer Rights determine the following terms :

1. If there is no defect, or if there are minor defects that do not affect the operation of the device - 14 days. In this case, the day on which the purchase was made is not taken into account.
2. If a manufacturing defect is discovered, a citizen has the right to demand a return or replacement of the purchase with another, throughout the entire warranty period. Significant defects include those that negatively affect the functional properties of the item.
3. When warranty repair of a defective item is carried out in a specialized service, it must be completed within 1.5 months. In the future, these 45 days will be deducted from the warranty period.

Return after 15 days

After the expiration of the allotted period of 2 weeks, it will no longer be possible to return the purchased product to the store, if it does not have a significant defect.

You can only return a purchase after two weeks that has serious technical deficiencies during use. The defective item is sent for examination to specialists who identify the nature of the damage.

If it turns out that the manufacturer is at fault, the item will be exchanged or the money paid will be refunded. The client also has the right to demand free repairs or a revision of the cost, taking into account the nature of the problem.

Nuances of the law on consumer rights for returning goods in 2021

The rights of consumers to return goods in Article 18 and receive money - 14 days apply if there is a defect in complex technical products. If the item is not included in the list, then the model can be returned within the period specified in the guarantee. In addition, when the device breaks down after 2 weeks or the device was in the ASC for, for example, 60 days, it will not be possible to return the money.

Returns of purchases, including items from a technically complex group, are carried out within the following terms:

• the object was repaired for more than 45 days over 12 months;
• the item was transferred from the ASC in violation of the established period;
• detection of a defect, deficiency, marriage.

According to the law, when initiating the procedure for delivery of products, the store has the right to conduct an expert assessment. However, a citizen can also order an analysis to identify the guilty party.

Transportation of cargo to the door of the service is carried out at the expense of the applicant.

If, based on the results of an inspection of the product, it turns out that the breakdown occurred due to the fault of a citizen, then a refund will be refused. In this case, all costs for ASC services will fall on the shoulders of the consumer. The presence of the user is allowed during the research process. The desire to be examined must be indicated in the application.

You can come to the shopping center with an unsuccessful quality purchase that does not suit the client due to unsuitable size, color, completeness, or style within 14 days. The two-week period begins the day after the oral or written purchase and sale agreement is concluded.

The returned item must be in its original condition:

• Fully equipped;
• Not worn or used;
• With labels.

It is advisable to have a sales or cash receipt with you.

First, the consumer is asked to replace the unsuitable purchase with a similar one with characteristics that will suit the buyer. If another suitable product is not available, the buyer has the right to terminate the transaction and demand the money paid or wait until the desired item arrives at the store.

To return, you will need to fill out a statement indicating the reasons and a request to replace the item or return the money.

If it turns out that the product or product is of poor quality, the customer can return it at any time before the end of the warranty period. The right can be exercised if the seller did not notify the buyer of the presence of a defect.

The right to return a defective item is exercised in the following ways:

• The item is replaced with a quality one with similar properties and characteristics;
• Products are exchanged for another with a refund or additional payment;
• The store eliminates the defect on its own and issues a repaired product to the buyer;
• The item with defects remains with the buyer, and the store gives away part of the cost in proportion to the detected defect;
• The buyer terminates the transaction, returns the goods and receives the money spent.

The consumer has the right to repair the item himself and demand reimbursement from the store for expenses incurred.

Return and exchange policies do not apply to all purchases. The seller has the right to legally refuse the buyer if:

• The item is included in a special list;
• The client did not comply with the rules for using the purchased item.

Below is a list of food and non-food products that cannot be returned within 14 days.

Discounted goods are understood as products and products for which the store has reduced the original price due to promotions and discounts. For quality purchases, the same rules apply as those established for groceries, non-food items, technically complex equipment and electronics.

If the value has decreased due to defects and flaws that do not interfere with the use of the item or products, the store is obliged to inform the client about this. In such a case, the buyer will not be able to request a replacement or refund due to defects.

The opposite situation occurs when a store reduces prices and deliberately does not provide information about product defects. When concluding a purchase and sale agreement, the transaction will not be pure, so the buyer has the right to exercise his right to return or exchange.

For discounted goods, an examination is carried out on a general basis. If it turns out that the defect appeared due to the fault of the consumer, third parties or due to force majeure, the store has the right to refuse to satisfy the buyer's claims.

Example 5. Stepanova I.I. I decided to take advantage of the discount and bought discounted cotton fabric. When making the purchase, the seller drew her attention to the fact that there was a small hole in the fabric. The buyer assured that the defect would not interfere with the cut. A week after purchasing the goods, Stepanova I.I. decided to return the fabric to the store, citing the fact that she did not like the color and pattern. The seller refused to return, explaining that textile products are included in the list of goods that cannot be returned or exchanged.

Doubts often arise regarding goods that cannot be returned or exchanged. Sellers refuse to replace low-quality products, citing special lists. To successfully resolve the issue, we recommend contacting an experienced lawyer who will help you understand the intricacies of consumer protection legislation.

If you need the help of a professional defense attorney, contact our specialists. Write to the lawyer in the chat on the right or call by phone to schedule a consultation. On our website we provide free legal assistance.

One of the fundamental legal acts is Federal Law No. 2300-1 “On the Protection of Consumer Rights”. The topic of returning goods is fully covered in the second chapter. Citizens have the right to return not only goods with obvious defects, but also high-quality items.

The above law mentions two types of material compensation :

• Payment of monetary compensation due to moral damage (Article 15)
• Payment of property compensation if the poor quality of the goods affected the buyer’s health (Article 14).

The Federal Law “On the Protection of Consumer Rights” regulates the buyer’s ability to exchange damaged goods for a similar item, as stated in Art. 25 . The exchange is made from the same seller in cases where the previously purchased product did not suit the shape, color, size or configuration.

The legislation provides a list of goods that cannot be returned or exchanged after purchase. Even if all deadlines are met. This is due to the fact that the sale of these goods after purchase satisfies the buyer’s needs, which means the return is made without good reason. The purchased item has no traces of defects or defects , but the buyer simply no longer liked it, which is not a valid reason for a return or exchange.

According to the Federal Law, the list of goods that cannot be returned is as follows:

• Medicines;
• Cosmetics, perfumes, personal hygiene items;
• Swimwear, underwear, socks;
• Products that are sold by the meter (linoleum, fabric for sewing);
• Plastic dishes;
• Cleaning and cleaning products;
• Furniture that requires additional assembly;
• Jewelry;
• Weapon;
• Books, calendars;
• Animals.

Important! Items that were made to order are not eligible for return.

Separately, it should be said about technically complex products , which also cannot be returned to the store. These include devices created by using advanced technologies.

Among them are:

• Agricultural machines with electric motor;
• Vessels for tourist or sporting purposes;
• Navigators;
• System units, PC;
• Equipment for digital home cinema;
• Watch;
• Photo and video cameras, as well as additional equipment for them;
• Household appliances for the kitchen or bathroom.

Accordingly, the seller has the right to refuse the buyer an exchange of goods or a refund for the purchase of funds if the purchased item is not included in the above list of goods or the citizen has not complied with all the rules that apply to returned products.

It is POSSIBLE to return an item to the store within 14 days without explanation!

The question of returning purchased goods remains popular and relevant today. Below are the questions that citizens most often ask when faced with the situation of returning a good-quality product.

The legislation does not provide for the buyer’s obligation to preserve the packaging until the deadline for returning the goods expires. This attribute only serves as proof that the purchase was made in a specific store. Lack of packaging does not automatically result in refusal of a refund or exchange for a similar product.

The only person who decides the procedure for returning goods is the buyer himself. It is he who makes the decision: to exchange the product for a similar item (of the same brand or another model) or to return the money for the purchase. The seller only checks the validity of the statement about the desire to return the goods and sells it.

The legislation provides for justified refusals to return or exchange goods, among which are:

• The product is on the list of products that cannot be returned;
• Violation of return deadlines;
• Return due to a breakdown that occurred due to the fault of the buyer;
• Violation of trade dress;
• The reason for returning the product is illegal, fraud is suspected.

In any case, the seller must justify his refusal.

According to Russian law, the buyer has every right to demand the return of goods, even if they are of proper quality. Moreover, the citizen himself chooses the return procedure: exchange for a similar product or return funds equal to the purchase price.

To resolve your issue, seek a free consultation with a lawyer. This page of the website contains telephone numbers and a contact form for online consultation with a lawyer.

The legislation does not establish an obligation to preserve the packaging of the goods. This gives you the right to bring the purchase back even without it and this cannot be a basis for refusing to accept the goods back.

But if you want to resolve the issue with minimal conflicts, it is better to return the product along with the box, even if it is opened.

To issue a return, you must submit the following along with the product:

• personal passport;
• sales receipt or other identification document;
• return application.

The document is drawn up in writing in 2 copies, one of which remains with the consumer. It states:

• seller information;
• information about the buyer;
• description of the product and its cost;
• reason for return with reference to art. 25 ZoPP;
• list of attached documents;
• date and signatures and parties.

Usually the store has a standard application form that you just need to sign. But if it is not there or the seller refuses to accept the product, you can write it yourself using a sample.

How to prove in court that this is a product with individually defined properties and cannot be returned

Point out the buyer's inability to understand the meaning of his actions and guide them when ordering a product and purchasing it (upon delivery).

IF THESE PARTS ARE INDIVIDUALLY CERTAIN ITEMS, THEN AN EXCHANGE IS NOT POSSIBLE, BUT IN THIS CASE THE CONSUMER HAS THE RIGHT TO DEMAND A REFUND OF THE MONEY PAID FOR THE PRODUCT.

We have a store selling spare parts for foreign cars. A man ordered the right and left front side panels for a Golf 5 (a whole side panel costs twice as much) - the front parts of the sills were rotten.

Paid. Received it in 5 days, everything was fine.

On the trail. One day my wife came running demanding that everything be returned, etc.

d. - the husband is a fool, he doesn’t understand anything, she thought that the thresholds would be from wheel to wheel.

Expert opinion

Makarov Igor Tarasovich

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

We brought these original body parts to order from abroad. How to prove in court that this is a product with individually defined properties and cannot be returned?

exchange the purchased product at the place of purchase and other places announced by the seller for a similar product of a different size, shape, dimension, style, color or configuration, making the necessary recalculation with the seller in case of a difference in price.

Hello! If in the “order-contract” the client indicated the Vehicle Identification Number of his car, then there will be an agreement in simple written form for the sale by you of a product “having individually defined properties. Thus, the specified product can be used exclusively by the consumer purchasing it.”

▪ The buyer has the right, within fourteen days from the date of transfer of non-food goods to him, unless a longer period is announced by the seller,