Each of us makes purchases every day. Products, clothing, hygiene products, jewelry, household appliances ... In the bustle of shopping, it is not always possible to discern the quality of a product, to evaluate its extreme need for itself. Sometimes we buy this or that thing only because we liked the discount on it, and not the product itself. And only at home, and even after the passage of time, comes insight. The first thing that comes to mind: "Why do I need this?" Second: "How to return it?".
Bought - did not fit
In everything that concerns goods purchased at any outlet, even through the World Wide Web, both the buyer and the seller are guided by the law “On Protection of Consumer Rights”. Few of us know it thoroughly, most of them are just the main points on how to return the goods with a defect, what are the deadlines for this. And if the seller took his products back to make an examination, then the management of the outlet is required to provide a full replacement of the seized item during the inspection. Mostly these three articles of the law are used by the majority of consumers.
Ignorance of its remaining provisions allows unscrupulous sellers to unpunishedly sell stale or defective goods. And the victims of their dishonesty are buyers who often do not know how to protect their rights. If it is necessary to return goods of inadequate quality, then everything is much simpler, sellers often do not even argue with consumers of their products. Although there are exceptions, especially in small retail outlets. Large stores value their reputation and try not to appear in the reports of Rospotrebnadzor once again. Namely, there, in the process of bringing the case to court, all the information about violation of consumer rights flocks. But when it becomes necessary to deliver high-quality goods to the store, but not suitable for other criteria, it can be very difficult to return them.
Everyone has their own truth.
On the one hand, the store employee can be understood. He sold the product, received his legitimate commissions, and sometimes premiums, for him, and here the wonderfully developed situation collapses due to the capricious buyer. Moreover, it does not require the replacement of a non-liked item with another, but a 100% refund of the goods. By hook or by crook, the seller is trying to prove to the buyer that it is impossible to return him because of the excellent quality, and the fact that he simply did not fit or did not like him was not an argument. Fortunately, this is not so. And the above circumstances may well serve as a good reason to return the goods to the store. Naturally, this does not apply to the entire product line. There is a list of goods that can not be returned without the discovery of marriage, but more on that later.
So, how can a consumer get his money back for an acquired item that he simply didn’t like at a closer look at the house? To begin with, before running back to the store, you should make sure that all the tags are in place, and during the fitting process, no spots or hooks appear on the dress or jacket. Sometimes a thing was already sold with them, and they were not noticed initially. In this case, you can claim to return the goods of inadequate quality, but we are talking about not liked. It is wrong to tear a thing and then try to hand it back to the store from a moral point of view, and you can be criminally liable for fraud if the seller proves that this is not his marriage. So in any case, it's better to play fair. Moreover, in righteous ways, objectionable goods can still be returned to the store.
Paid for the "wrong"
Arguments: “didn’t like it,” “color didn’t fit,” “a bit short,” or others, the list of which can be continued further, works even if we are talking about textile wearable items that are on the list of irrevocable ones. This can be a dress, suit, cloak, jacket, coat and a number of other clothes. According to the list of non-food products, approved by the Government of the country in 1998, all sewing products, with the exception of products made from genuine leather and fur, belong to the category of goods that are not subject to return for no substantial reason. So, in the above example with wearables, according to article No. 25 of the Law on the Protection of Consumer Rights, the arguments “did not like” or “did not fit” can be considered significant.
To return, you must comply with a number of conditions. The product must have all the store tags and tags, as well as the visual appearance that was used for the purchase. The return procedure will be faster if you provide the seller with a sales receipt or cash receipt, confirming that the item was purchased at this particular outlet. But even if the payment document is lost or damaged, and you can’t read the name of the store from it, enough evidence from friends or acquaintances that the purchase was made here is enough. Consider such evidence sufficient allows just the Law on Consumer Protection. The return of goods without a receipt on the basis of testimony is carried out in accordance with the same paragraph No. 25 of the said law. And the third condition for a successful conversation with the seller is to meet the two-week period after the acquisition of a particular item.
Legal return dates
The fourteen-day period from the moment of purchase is not the final time period when you can return the product back to the store and demand its full replacement or your money. The law on the return of goods provides for other terms. For example, two months if during this time a latent defect in a product is discovered that was previously imperceptible. Of course, a thing by that time can be worn. To the category of defects can be attributed a curved line of the seam, which after washing caused deformation of the shape of the dress, trousers, suit or other thing. For shoes, this may be an unreliable arch support that has broken during this period. Defects of things and objects discovered during operation can be many, respectful for the return of goods.
Article 29 of the law applies to a certain group of goods intended for long-term use, according to which the allowable period for a possible return of products with a defect reaches two years. Moreover, the specified 24 months are given to the consumer for a refund not from the moment of acquiring the item or item, but from the detection of a problem. In some cases, a reference to article 29 will be considered unacceptable if other warranty periods for a possible return were documented upon purchase. The law has many subtleties, but all of them are aimed at protecting consumer rights. The return of the goods must be made in accordance with the provisions laid down in it so that the seller has no chance to refuse the buyer.
Protected by law
The list of non-returnable goods, which was approved almost 20 years ago, gave store employees the opportunity to evade liability for the sale of obviously low-quality items. At many points you can see the announcement that the products purchased from them are not subject to the opportunity to return it back. Such a psychological technique is designed for consumers who are not aware of their legal rights to return the goods to the store if a defect is discovered in it. The controversial announcement is initially misleading to many, and they do not even make attempts to return after a while for their money, although almost immediately they begin to realize that they were deceived.
Selling products with a defect, if it suits the buyer, is not a crime. It is important to warn him about the marriage in advance, to obtain a signature that he is notified of the flaws, which is why the price is much lower, then the law will be respected, and both parties will be satisfied. The seller that sold products of inadequate quality, and the buyer that managed to acquire the thing he needed at a lower cost. And with the return of the goods in 14 days, if the consumer changes his mind, there will be no problems.
In other cases, the discovery of a marriage is a good reason to demand compensation even for things from the list of irrevocable ones. This can be done in several ways according to article No. 18 of the Law on the Protection of Consumer Rights:
- troubleshooting or defect at the expense of the seller in the statutory 20 days;
- reduction in the cost of production in accordance with a flaw;
- exchange of defective items for a similar, but of proper quality;
- replacement for products of another manufacturer with a surcharge, if there is a difference in price;
- refund of the full value of the goods.
Arguments did not work
It is not always possible to resolve the issue peacefully with things unsuitable for various reasons purchased from employees of outlets. If the product just did not like or did not fit, and in terms of quality it is in perfect order, you can contact the local consumer protection authorities immediately. To state on paper all your reasons for the need to return the goods, make a link to the relevant paragraphs of the legislation. Not only spelled out in the regulation on the protection of consumer rights, but also in article 502 of the Civil Code of the Russian Federation. If it is necessary to return the goods of inadequate quality, you should act differently.
To begin with, once again offer the seller to resolve the issue without involving third parties. On refusal - require an examination. This is also provided for by the Consumer Protection Act. Returning the goods with a defect, if the seller doubts or pretends to doubt the factory origin of the marriage, is easier to carry out after examination. It will reveal the exact cause of the defect. If the store refuses to conduct it, or the consumer has doubts that the outlet will treat the procedure in good faith, he can do it himself. The cost of an independent examination will subsequently have to be compensated by the one whose fault caused the marriage: the manufacturer of the product or its purchaser.
Learning to write
In a dispute over consumer rights, goods can be returned using a claim. This is the first official document that should be drawn up by the buyer if the seller refuses to take his thing back. The claim has several significant properties. Firstly, thanks to her, it is possible to resolve the issue without trial. As a rule, having received a claim drawn up in accordance with all the rules, store managers understand that they are faced with a consumer who knows his rights well, which means that he can go on defending them further. In this case, it is easier to resolve the issue immediately than to explain it to the Rospotrebnadzor, court or public organizations.
Secondly, if you still have to go to court, the claim will come in handy as evidence that the buyer made an attempt to resolve everything without involving third parties. The law on the return of goods equates it with the official requirement even without registration with a notary. The claim must indicate:
- date of purchase of products;
- reasons for the return;
- references to articles of the law;
- compensation options.
If the seller refuses to accept the claim, it can be sent by mail with a notification. The court will take into consideration the notice that its store director received it or refused an objectionable envelope. When presenting the claim to the seller, he has ten days to make a decision on it.
Attracting an administrative resource
There are several instances between the outlet and the court, which should be notified that a dispute ensued regarding the return of the goods to the store. They need to be drawn to their side. In large settlements, the functions of intermediaries in solving such problems are performed by consumer protection societies. They can act both in the structure of trade union associations, and with the administration of a city or village. The Duma factions and committees also have their own specialists with the appropriate powers.
But Rospotrebnadzor has the largest weight in resolving a dispute between the parties in pre-trial order. It is not only in its competence to control the observance of the terms for the exchange and return of goods, since the relevant points in the Law on the Protection of Consumer Rights were developed not without the participation of specialists from this state structure. Rospotrebnadzor begins to act on the first consumer complaint, regardless of the subject of the application: the sale of low-quality goods or other violations of trade rules. Therefore, the store needs to duplicate its claim to Rospotrebnadzor.
No trial - no way
But in rare cases, the case of returning the goods reaches the court. The consumer has the right to apply to the body that is most acceptable to him according to Article No. 17 of the Law on the Protection of Consumer Rights, including a claim can be filed at the place of registration of the outlet or the registration of its director or founder. The initiator of proceedings is exempted from paying state duty on the basis of the same 17th article. The statement of claim should reflect as fully as possible the entire process of the return of goods, starting with the conditions and reasons for its acquisition. It is obligatory to register how many times he went to the point of sale with a proposal to resolve the issue without the participation of the court or other official structures.
All documents that were collected during the struggle to return money for the goods should be attached to the statement of claim: agreement, checks, receipts, claim, examination results. If the consumer has witnesses to the purchase of the disputed item, took photographs, recordings on video or audio equipment, they also need to be reflected in the list of documents for the lawsuit and used as evidence of their position. If the court accepts the buyer's requirements justified, he can, based on this decision, recover from the seller compensation not only for the goods, but also for the examination, payment of counsel, moral damages and penalties.
And would be glad to return, but you can’t
And yet, before you go to defend your rights, it is very important to know them. First of all, familiarize yourself with the list of non-refundable goods approved by the Government of the state. It is quite impressive, but most of it is acquired extremely rarely. These are jewelry made of precious metals with or without stones, furniture, complex technical household products, photo and video equipment, office equipment, auto and moto products, and other moving equipment.
Medicines, textiles, hygiene products and all products sold by footage. The return of goods by the consumer back to the point of sale from the above list is possible mainly when a defect is detected. It should be noted that only non-food products are included in this list. And it is much more extensive than the one given here. It should be studied in detail by each consumer in order to know what to do if there is a desire to return it. As for food products, they are irreversible by definition.