There is a legend among buyers that any product can be returned within two weeks after purchase. But this is a mistaken judgment! Russian law approved a list of goods that cannot be returned to the store. For example, personal hygiene items, medicines, lenses, child care products, underwear, socks, household chemicals, perfumes, cosmetics and much more. Are print publications subject to return?
Law on Consumer Protection"
The Law "On Protection of Consumer Rights" regulates the return of books as follows - it is possible if a defect is found in the publication (Article 25, paragraph 1). A publication of good quality is non-refundable. Also, the Government of the Russian Federation approved a list of “non-refundable” goods, which includes: brochures, maps, notebooks, albums, music notes, calendars and booklets. A complete list of such products can be found in Decree of the Government of the Russian Federation of January 19, 1998 N 55, the latest edition of which was recorded on May 30, 2018.
If the buyer became the owner of a quality book, but not suitable for him, he can always use the services of second-hand shops.
Return to bookstore
Although books refer to non-food items that cannot be exchanged or returned, the buyer has the opportunity to give the purchase back to the seller. By law, this is possible if it contains factory defects. For instance:
- There are blank pages.
- The illustrations are of poor quality.
- Pages of text are missing.
- Problems with the font - it is blurry, blurry, or poorly printed, which makes reading impossible.
- The content does not match the cover.
- The cover or pages have signs of damage, such as spots or other dirt, which interfere with reading and spoil the appearance of the purchase.
- The book contains errors, for example, in the manual there are unreliable or obviously erroneous facts.
If the seller has doubts about the origin of the marriage, a special examination is appointed. Are books subject to exchange and return if there are no complaints about their quality? According to the legislation of the Russian Federation, this is not possible.
Terms for returning the book to the store
If the seller agrees that the product has a manufacturing defect, several options open up for the buyer:
- He can make a return to the store and get his money back in full or in part.
- Exchange the book for a similar edition.
- Request the seller to reimburse the cost of repairing the publication, if possible.
- Ask the seller to correct the flaws at the expense of the bookstore.
Lawyers specializing in consumer protection recommend advocating their principles. Even if the cost of the book is reasonably reasonable, it’s worth saving other buyers from such problems. If the seller deliberately implements defective print media, this is an offense for which he can be held accountable.
Return of goods under the law "On Protection of Consumer Rights" (No. 2300-1, Art. 18) requires the buyer to comply with certain conditions:
- Defective print media must be returned as quickly as possible. The maximum period is 2 years from the date of purchase, after two years claims are not accepted.
- The book is returned in the same form in which it was purchased, with a complete set and without damage received during operation.
- Defective goods are returned to the store in which they were purchased.
- Upon return, the buyer must make a claim in writing.
How to return a book
If the buyer, returning home, finds a defect in the print media, what is the sequence of his actions? Are books to be returned if they are not factory defective, but are traces of the careless handling of other people?
Since books are goods that do not have an expiration date, the buyer will not find clear dates for the return of a particular publication. Optimally, if the appeal to the store occurs within 15 days from the date of purchase, in this case, the seller has no right to refuse. If the book was damaged by previous potential buyers or sellers in the store, the return process should not be delayed at all, because you will have to prove that the damage was already at the time of purchase of the publication.
The buyer must act as follows:
- Present a check - a guarantee that the book was bought at this point of sale. If the seller agrees with the fact of marriage, he will replace the book or return the money. If he refuses - this is an occasion to make a claim.
- The complaint includes a description of the defects found and the characteristics of the print publication. Paper should be drawn up in the name of the head. The book is transferred back to the store along with the claim and check. The seller issues a spine to the claimant confirming acceptance of the package of documents and the object of the claim.
- Wait for the results of the examination, which is able to identify the source of damage to the book.
- If necessary, make a statement on the return of funds spent on the purchase of a printed publication.
- Wait for the decision of the store. The seller has 10 days from the date of receipt of the claim.
It is worth noting that examination is a far from optional procedure. An obvious factory marriage is visible to the naked eye, the seller will not dispute it, it is easier for him to return the money and deal further with his supplier. It is advisable to conduct an examination when the book is expensive in order to exclude the fact of fraud on the part of the buyer.
If the seller does not meet, the buyer can contact the administration of the store. If he is sure that the defect was already at the time of purchase of the publication, he can independently order an examination. But he will have to pay. If the examination confirms the factory defect, the seller must reimburse the costs of the study.
Sample claim
The document is sent to the address of the store administration. It should contain:
- Personal data and contacts of the buyer.
- Purchase data - date and time.
- Description of flaws in the print publication.
- Buyer requirements - full or partial refund, exchange, etc.
- Statement of intent to monitor the progress of the examination.
- Date of compilation and signature of the buyer.
In order to make the document as effective as possible, it is better to refer to the articles of the law. Below is a sample claim to a bookstore.
To the director of LLC “Book House” Ivanov I. I. from Petrov Petr Ivanovich, who lives at the address: Moscow, st. Novgorod, 2/10, contact phone ________ CLAIM 01/03/2019 at about 11:00 I purchased at the Book House store located at Moscow, ul. Builders, 25, the book "Tales. Ruslan and Lyudmila ”by A. S. Pushkin (Molodost Publishing House, year of publication 2016, 240 pages, book in dust jacket). The cost of the printed publication amounted to 1,500 (one thousand five hundred) rubles, the fact of purchase is confirmed by a check attached to this document. On the evening of the same day, while reading, I discovered: · Poor quality illustration on pages 50, 51, 105, 110 and 196. Blurred unreadable font on pages 50, 51, 120, 201. Due to the presence of defects that interfere with reading, please replace the book “Tales. Ruslan and Lyudmila ”by A. S. Pushkin to another sample or return the money paid in the amount of 1,500 (one thousand five hundred) rubles. The basis for my requirements is the law of the Russian Federation "On the Protection of Consumer Rights", article 18. In the case of an examination on your part, please inform me in advance of the place and time of its implementation by the telephone number indicated above. 01/15/2019 Signature. |
Are defect books subject to return
If the buyer a few days after the acquisition, who does not have a factory defect, wants to return it, the seller has the full legal right to refuse him. Two facts play a role here - the book may already be read or copied.
That is, the buyer, demanding the return of quality products, can familiarize themselves with its contents for free. At the seller’s discretion, a quality book can be taken back, but this is an extremely rare case.
Refund in the absence of a check
A check is required to confirm the fact of purchase. If the buyer, having selected and paid for the book, threw away the check - this is not a reason to refuse to return low-quality products. An alternative to a check can be the testimony of witnesses who can confirm the words of the buyer, as well as labels, price tags or the original packaging.
Return of a discounted edition
Are books discounted for any reason to be returned? For discounted publications, the seller, who decided to implement them, draws up a contract in which he writes down the reasons for the discount and describes all the defects. The buyer, before paying for the discounted edition, must familiarize himself with the contract and decide whether he needs such a purchase. If, having bought a book, its owner has discovered additional flaws that were not mentioned in the contract, he has the legal right to return it to the store.
Electronic variant
Are electronic books subject to return? Since this is a technical product, it has a warranty period. You can issue a refund if factory defects were discovered during the warranty period.
In contentious situations, an examination is carried out, which takes a lot - 20 days. If the buyer's claims are justified, the money must be returned a maximum of 3 days from the receipt of the expert evaluation.
So, under certain circumstances, by law, returning a book to a store is possible. We hope that our article answered all the questions of readers.