Surely this happened to many: you really liked the thing in the store, you paid for the purchase, it was packed. But already at home, having opened the packaging, you found that the thing is not as good as it seemed at the beginning. The color does not suit you, the dimensions of the product do not satisfy its characteristics. What to do in this case?
If at the same time the purchase is fully operational, 100% is suitable for use, but does not suit you, there is every right to return it back. This is what the consumer rights law says. You can return the item that did not suit you within two weeks from the date of purchase.
But in practice, this right is not embodied so smoothly. You may not accept the goods for one single reason - violation of the presentation. But what is included in this concept? What is generally considered a "presentation"? How can it be violated? We will answer these and other important questions on the topic in the article.
Statutory provision
First, find out what is said about the presentation in Russian law. We turn to Art. 25 Federal Law "On Protection of Consumer Rights". It says that the buyer can exchange a non-food purchase of inadequate quality for a similar product. In the event that the acquisition did not fit him in size, shape, configuration, color, style or size.
According to the Federal Law, such a right is reserved for the buyer within 14 days from the date of purchase. But an exchange is possible only in the following cases:
- Products, the product was not in use.
- The presentation of the purchase and all associated consumer properties are retained.
- Labels, factory seals and tags are not torn off the product.
If we turn to Art. 26.1 of the same Federal Law, we will see the expanded effect of this right: on the same grounds, the buyer can demand the return of goods purchased remotely. Say in an online store.
But with virtual purchases, the same restrictions apply. Seals and labels should not be torn off, the thing should not be used. And, of course, the presentation of the product cannot be lost.
Legislation Definition
But what is it? Deciphering the concept of "presentation" is not in Russian law. Lawyers consider this a serious gap.
The buyer often can’t get what he wants due to the fact that they and the seller have different opinions about the preserved presentation. What is this, you can find out only by resorting to the help of common sense.
Often, lawyers are also helped by an in-depth analysis of regulatory documents on protecting the rights of consumers and sellers, and distributors. But, you must admit, not every buyer will study a lot of legal literature for the sake of returning a souvenir or toy.
Is packaging considered?
It is indisputable that only the manufacturer gives the product a commodity appearance. But by no means a supplier or seller. And disputes, just the same, sometimes arise over torn, opened packaging of goods. Cut labels, opened factory seals - this is also a stumbling block in such disputes.
On the one hand, the buyer's position is clear: he could not inspect, test the acquisition without opening the box, without releasing the item from the seals. But the seller’s response is also justified. How will he sell a product with torn seals? Would a buyer want to buy equipment in an already opened, crumpled box? These are fairly obvious signs of use. It is unlikely that the seller will be able to sell such a thing at the same price.
It is possible to understand on whose side the truth is here, if it is sensible to find out whether in a particular case the packaging is part of the presentation of any product. Therefore, we consider several ways to solve the problem.
Packing - for transportation
Many products have a marketable appearance even after their packaging has been torn or damaged.
A vivid example: you bought a dress, it was packed in a bag. At home, you opened the package, tried on a thing and noticed that according to certain parameters it clearly does not suit you, you got excited with the purchase.
In this case, the seller must take the thing back if you did not tear off the labels and seals. A torn bag in this case will not be evidence that the presentation is lost. The seller may well pack this dress in another bag or other packaging to another buyer.
Packaging is value
Now the reverse is true. You choose as a gift an expensive vase close to a big celebration. Of course, I would like to pick up the presentation packaging in unison with the event. You get a vase, complete with a beautiful handmade gift box.
However, at home you will find out that another guest has already prepared the same gift for a long time. Your decision is to return this present and choose another. But on the road the box is crumpled. Seeing this, the seller refuses to take the thing back. And he will be absolutely right.
In this case, gift wrap is part of the presentation of the vase. It is unlikely that another buyer will want someone to give a present in a crumpled box. The seller, having taken the goods from you, will have to sell it already without a box, at a reduced price. Return of products in that case will be far from equivalent. Therefore, the truth in this case is the seller.
Reusable packaging
There are also varieties of goods that must be tested, included, used before determining that they really suit you. To do this, of course, you must first open the packaging.
For example, you purchased a phone in a virtual store. You are familiar with its characteristics only on the basis of documentation and information indicated on the seller’s website. In this case, you do not have the opportunity to test a similar product from the window.
But when checking the phone options, you notice that the camera’s shooting quality does not suit you, the device’s speaker works quietly. How to return it to the seller, because the packaging has already been opened?
As for electronics, household appliances, it comes in reusable boxes. That is, designed for more than one opening / closing. If you opened it carefully, without leaving visible damage, then this is by no means a reason for refusal.
Impossible without damage
A more complex question is regarding the packaging of equipment, which objectively cannot be opened without damaging it. Here, damage to the container will also not be sufficient grounds for refusing to return. After all, without opening the box, you could not have verified the characteristics of a smartphone, TV, vacuum cleaner.
The acquisition of technology is also fraught with the fact that its testing is impossible without breaking seals, removing holograms, protective films. Therefore, it is so often the case when sellers do not accept electronic devices that are not suitable for the buyer because of the “damaged presentation”.
Best option
If you buy a complex technical, electronic device and are afraid that after direct testing it may not be suitable for you, lawyers advise you to purchase such a product directly from the manufacturer.
Why? The equipment manufacturer has all the conditions in order to put new seals, protective films, pack the product in a new company box. Why damage to this above cannot be a reason for refusal of return. But the retailer, who purchases the same phones at wholesale bases and warehouses, no longer has such an opportunity.
If the seller insists ...
If the seller stubbornly stands on the fact that you ruined the presentation of the purchase, you can try to achieve the truth by relying on Art. 12 ZOZPP. The link here is that the seller did not provide complete information about its properties when selling the goods.
In most cases, such a reason is enough to return the wrong product from the buyer and return the money for it.
The court's decision
Have you decided to bring the case of non-return of goods due to damage to the presentation to the court? There is no guarantee that they will definitely help you achieve your goal. After all, as we have already noted, the legislation does not give a clear definition of what is called a "presentation".
Therefore, much depends on the position of the judge himself in this regard. If his views are close to yours, then the matter will be decided in your favor.
But still there are plenty of ways to solve the problem peacefully:
- Offer the seller to exchange an inappropriate item for a similar one, but without a box. In this container, he will be able to pack the goods instead of you spoiled.
- Agree to return a slightly lower amount than the cost of the goods. The seller can spend the difference on the restoration of the packaging. Agree, this is better than staying with a completely inappropriate thing.
To summarize what has been said. Before buying an expensive item, be sure to find out what are the conditions of return in this store. For example, IKEA accepts within 365 days from the date of purchase unsuitable goods, even in torn packaging. And there are shops where you will not receive the wrong phone back, even if you tear the sticker on the box lid.