Jewelry is considered a means of luxury and are quite expensive. Therefore, before making a purchase of goods made of precious metal, the buyer is quite serious about the process of selecting and inspecting the thing you like. What should be done if the consumer already at home understands that he does not like the purchase and does not feel the joy of purchasing the goods?
If you remember that a significant amount was spent on the purchase of jewelry, the question arises, are jewelry subject to exchange? To deal with this issue, you should know and clearly understand your rights and obligations in the process of buying and selling goods, as well as the provisions of regulatory legal acts that govern the relationship between the seller and the buyer in the process of returning, replacing and exchanging goods related to certain categories.
Types of Jewelry
In the generally accepted sense, fine workmanship is considered to be jewelry made from alloys of precious metals (such as platinum, gold and others), often using precious and semiprecious minerals (diamonds, pearls, emeralds, etc.). The most common jewelry items are:
- jewelry (necklaces, cufflinks, earrings, pendants, bracelets, tiaras, rings, chains, brooches);
- watches and accessories (bracelets, chains);
- cutlery, accessories for table setting (dishes, napkin clips, candle holders, cutlery);
- goods for interior decoration (souvenir figures, wall and table clocks, caskets, vases, ashtrays);
- personal use items (combs, mirrors, shaving accessories, powder boxes, boxes, cigarette cases, snuff boxes);
- souvenirs (daggers, sabers, key rings).
These products are classified as jewelry if they are made from alloys of precious metals. Accordingly, the exchange of these products, replacement and return will be carried out, as in the exchange of jewelry.
Reasons for sharing
After purchasing the product, the consumer may wish to return it to the seller back or replace it with something else. The reasons why consumers want to exchange jewelry are objective and subjective.
Subjective reasons include the following:
- The buyer did not fit the size of the purchase (for example, rings), its configuration or color. Often this can happen if the jewelry was purchased as a gift.
- The buyer realized that he had recklessly spent too much money on the purchase and decided to return it.
Objective reasons for exchanging jewelry include:
- Defects of the purchased product (chips, concavities, scratches, lack of stones in inlays, etc.), which the consumer discovered after he carefully examined the purchase in good light.
- Marriage, which affects the usability of the product (for example, the earring is constantly unfastened, the watch lags behind in time, the snuff box is not tightly closed).
At first glance, it seems that if the buyer has objective reasons for exchanging jewelry for new ones, the seller is simply obliged to satisfy the customer's requirement. But in order to understand whether this is really so, it is necessary to resort to the norms of the law.
What regulatory legal acts govern the procedure for the return, replacement and exchange of goods
In the Russian Federation, the process of sale, purchase, replacement, exchange of jewelry is carried out in accordance with the requirements of regulatory legal acts, the names of which are given below.
- Civil Code (the document fully reflects the obligations of buyers, sellers and manufacturers regarding the implementation of civil law relationships between them).
- The Law “On Protection of Consumer Rights” (a regulatory legal act describes both the rights and obligations of citizens (buyers), sellers and manufacturers in order to realize the legal rights of all participants in the sale process.
- Government Decree “On the approval of the Rules for the sale of certain types of goods, the list of durable goods, which are not covered by the buyer's requirement to provide him with a similar product for free during the repair or replacement, and the list of non-food goods of good quality that cannot be returned or exchanged for other similar goods size, shape, size, style, color or configuration. " This decree indicates the names of items that cannot be returned, exchanged and replaced if they are of proper quality. The list is established by this resolution in order to eliminate consumer fraud, as well as to protect the health of customers and compliance with sanitary standards.
Is it possible to exchange jewelry
Buyers of goods made of precious metals and stones, it must be remembered that the return and exchange of jewelry under the law is impossible. This is due to the fact that the specified group of products is included in the list of goods that are not subject to return or exchange (in case if manufacturing defects are not found in them, and they are of high quality). That is, if the purchased product is of high quality and is not defective, then it cannot be returned to the seller or exchanged for another. Moreover, this norm of the legislation does not apply to goods with any defects. That is, if the purchased jewelry has a defect, and at the same time the appearance of a deficiency is not caused by the actions of the consumer (it is the fault of the manufacturer of the goods), it can be returned to the seller or replaced with a similar one.
In order to correctly answer the question in which cases jewelry is subject to exchange, it is necessary to understand what the word “exchange” means in this context, and how it is consistent with the norms of legislation in force on the territory of the Russian Federation.
Difference in exchange and replacement of goods
In general, the exchange of goods means a situation where the consumer has a subjective reason (described above). For example, a gold ring with a diamond did not fit the buyer in size, and he decided to exchange it for the same. Or bought cufflinks with emeralds did not fit the suit, and the client wants to return them within two weeks, since the goods did not match the model and color. In such cases, it is impossible to exchange jewelry under the law. As mentioned earlier, products made of precious metals and stones are included in the list of goods that cannot be exchanged if they are of proper quality. Therefore, before making a purchase, you need to make sure that the product is fully in line with expectations and is suitable in its parameters.
The situation with replacement is different. Replacing jewelry and other products made of precious metals and stones implies a situation where the product has any defect or defect. At the same time, it is a factory one, that is, when buying, the consumer did not notice that something was wrong with the jewelry, but over time, shortcomings were discovered. In this case, jewelry exchange is possible, not exchange.
How can I make a replacement?
How is the replacement of the goods carried out, and what responsibility does the buyer, seller and manufacturer of the goods have in doing so, is regulated by article 18 of the Law on Protection of Consumer Rights. Part 1 of this article establishes the rights of citizens when replacing goods of inadequate quality.
In the event that defects are found in the product, if they have not been agreed upon by the seller, he has the right to choose:
- require replacement with a product of the same brand (of the same model and (or) article);
- require replacement with the same product of another brand (model, article) with the corresponding recalculation of the purchase price;
- demand a commensurate reduction in the purchase price;
- demand immediate immediate gratuitous elimination of defects in the goods or reimbursement of expenses for their correction by the consumer or a third party;
- refuse to fulfill the contract of sale and demand the return of the amount paid for the goods. At the request of the seller and at his expense, the consumer must return the goods with defects.
Moreover, the consumer is entitled to demand full compensation for losses incurred as a result of the sale of goods of inadequate quality. Losses shall be reimbursed within the time limits established by this Law in order to satisfy the relevant requirements of the consumer.
The buyer's intention to replace the jewelry is called a “requirement”. Its consumer can present not only to the seller, as an entity authorized by the manufacturer, but also exhibit them to the manufacturer of the goods or importer. And the decision about what type of requirement and in whose address it is presented is made by the consumer.
Attention should be paid to the fact that the absence of a sales receipt and / or cash receipt does not affect the possibility of replacing the goods. If the specified document is available, this is wonderful, but if for some reason it was not found, then it’s okay, goods of inadequate quality can still be replaced or returned.
Deadlines for replacing defective and low-quality jewelry
As indicated above, goods made of precious stones and metals are not exchangeable, that is, they cannot be returned to the seller within a two-week period from the date of purchase and sale. The situation is different with the replacement of jewelry, the quality of which turned out to be unsatisfactory. Such products can be replaced within the period indicated on the certificate or in the warranty card.
If a warranty period has not been established for the purchased jewelry, it can be replaced or returned within two years (provided that the product is defective). Thus, all consumer rights established by law and by-laws are fully respected.
What to do if the seller refused to replace the goods
There are times when a jewelry seller refuses to replace defective goods. Then you should do as follows:
- contact the jewelry manufacturer to meet the relevant requirement to replace or return the jewelry;
- submit an appeal to the consumer protection society and take full advantage of their rights, which are regulated by relevant legislation.
When replacing jewelry, you must remember that in most cases, to prove that the defect or defect is factory and did not happen through the fault of the consumer, an examination will be required. If it is proved that the marriage is industrial, the cost of the examination will be paid by the seller or manufacturer.
What should be done before buying jewelry so that you don’t have to return or change it
The product should be carefully examined in good light. Often in jewelry stores there are special lighting fixtures that will allow the buyer to carefully evaluate the quality of the product.
Before making a purchase of earrings or a bracelet, you should carefully check not only their appearance, but also the condition of the fasteners. For example, an English clasp on earrings should be fastened with a little click.
In addition, you should familiarize yourself with the jewelry passport, pay attention to its weight, metal sample, diameter and (or) product length, manufacturer’s name. And also do not forget that if there is a gem in the decoration, then there must be an appropriate certificate for it.
But even if later it turns out that the purchase turned out to be of high quality, but it is not suitable for the buyer for aesthetic reasons, there is always the option to hand over a gold product in exchange for jewelry that you like more. Almost all jewelry stores accept jewelry in exchange for new products, and you will have to pay an additional fee for the work of a jeweler, jewelry factory or choose a product of lower weight and cost.