Consumer protection: return goods without check

As we all know, in a number of cases provided for by law, each of us can return the money for the purchase, which for some reason did not satisfy him. But is it possible to return the goods without a receipt? After all, this ticket is easy to lose, spoil. And not everywhere, the seller, without prior request, issues a similar document. Such a return is also possible! And in the article we will touch upon the order and important nuances of such a procedure.

What is a cash receipt?

Speaking about the return of goods without a check, we will first determine why it is so important in the exercise of its consumer rights.

Cashier's check is an accounting document received with the help of cash registers (cash registers), which is a confirmation of the purchase using cash.

The seller has a direct obligation to issue such a receipt when selling goods. It is regulated by the Federal Law "On the use of cash registers" No. 54 (paragraph 1, Article 5).

Legal Regulation of Returns

Let us examine the laws on consumer rights: returning goods without a receipt - how it is regulated. Here are the relevant acts:

• Art. 493, Civil Code of the Russian Federation. The article reports that the fact of the sale of goods is considered perfect when the seller issues the check to the buyer. This means that the legal sale procedure has been followed. But if this document does not exist, how will the law help? Return of goods without a check is also possible on the basis of testimony. It doesn’t matter in this case - whether the buyer has lost the check or the receipt was simply not issued to him.
• Law No. 2300-1 (Art. 18). The Consumer Rights Protection Act also governs the situation of cash vouchers. The fifth paragraph of Art. 18 indicates that the absence of such a document by the buyer cannot be the basis for refusing to return the funds for a low-quality acquisition.

Certificate of acts on the protection of consumer rights - the return of goods without a check is possible.

How to confirm the fact of purchase without a receipt?

In order to return a thing, a product unsatisfying us, back, we need to first confirm the fact of its purchase. And the check here is far from the only possible evidence of this. Its presence is important, but its absence cannot be a reason for refusal.

So, return the goods without a receipt. The Consumer Protection Act offers the following authoritative ways to confirm a purchase:

• Witness's testimonies.
• User's manual.
• Attachment to a tear-off coupon.
• Technical passport for products.
• User's manual.

Consider each of the options presented in detail.

Witness's testimonies

As mentioned earlier, they are mentioned by the Civil Code of the Russian Federation. This is a report by a citizen-witness of data on any significant committed acts, events that occurred.

This method is favored by its accessibility, relying on a serious source - civil law. Minus - it is not so easy to find witnesses to the fact of making a purchase if the consumer at that time was alone, without a company.

User's manual

When returning goods without a check, this option only applies if certain conditions exist:

1. The product is returned not on the day of purchase, but after a period of time.
2. Return is issued no later than 14 days (warranty period of use).

What is important, the manual confirms that the product was operated in accordance with the stated standards. In addition, it allows you to identify the purchased product itself.

The document serves as a sufficient confirmation of the fact of purchase, a justification for the claims of the consumer-applicant.

Voucher Attachments

First definition. A tear-off coupon for an incoming document (cash order) - accounting documentation that records the fact of receipt of funds to the accounts of the holder-seller. Such paper will contain information about the product, product, its cost, the fact of purchase.

When you return the goods to the store without a receipt, the application for such a coupon, which is issued to the hands of the buyer, may become evidence of the payment of money for the goods. Justified option, which can fully replace the cash receipt.

Technical certificate

This is a document that describes the main technical and operational characteristics of the product. Under the acts of consumer protection, the return of goods without a check based on such a passport is possible when the latter is filled out, executed by the seller. This should happen upon the purchase.

The method is good for the case when it is important for the consumer to emphasize that all operating standards for the use of purchased equipment were met by him, and the product itself is of inadequate quality.

Owner's Guide

The operational user guide is also selected as proof of the fact of making a purchase in the absence of a check. Human rights activists recommend using it when the purchased product does not meet the declared characteristics.

The instruction manual also indicates that the buyer is familiar with the rules for the correct operation of the product.

Legal regulation of evidence of purchase

Let's move on to consumer laws. The return of goods without a check can be made on the basis of other evidence of the fact of purchase, relying on:

• Russian Civil Code (Article 493). It is expressly indicated here that other documents evidencing its completion can confirm the fact of the purchase, in addition to the cashier's check.
• Order of the MAP of Russia No. 160. The documentation, which indicates the fact of payment for the goods, includes operational papers, receipts, forms that speak in favor of the consumer. Of course, if they have a mark on making cash for the product.
• Order of the Office of the Russian Tax Service in Moscow No. 17-15 / 056421. The documents proving the fact of the purchase, in addition to cash receipts, include warranty cards, sales receipts and similar receipts.
• Resolution of the Plenum of the Russian Supreme Court No. 17. Paragraph 43 of this act reports that with remotely concluded purchase and sale agreements through electronic payments, a bank statement serves as proof of the fact of transferring payment for the goods. It should contain information on the transfer of a sum of money from the addressing consumer to the addressing seller.

Return act without check

If returning goods without a check does not cause difficulties, it is important to ensure that the procedure is carried out and formalized by the seller legally:

• The buyer must have a free return form drawn up. In the document, it is important to note the fact of the absence (for example, loss) of the check.
• The head (director, manager, chief manager, etc.) of the outlet on this application must necessarily put his own visa, a mark on the approval of the return.
• If the product, product was not purchased on this date (return of goods within 14 days without a receipt), then the seller draws up an act of form KM-3. A statement written by the buyer is attached to the document.

Note that the drawing up of the KM-3 act may not be necessary in the case when the seller breaks a return check. Such a document will already be superfluous, since the operation is recognized as non-fiscal.

Drawing up a return application

Although such a document is prescribed in any form, it is important that it is correctly drafted in order to gain legal force. The statement should include the following:

• Details - both the originator and the addressee.
• Key circumstances of the purchase - product name, time, date of purchase, location.
• What became the basis for the return? If the product doesn’t suit you - according to what specific characteristics. If the product is of poor quality, what exactly is wrong with it.
• Your requirements for the seller - to return money or exchange for similar products.
• If the product weighs more than 5 kg, then you can indicate in the application the requirement to cover the costs associated with its delivery back to the store.
• Write down the legal standards that you rely on when drafting the document.
• Be sure to list the evidence of the fact of the purchase that you attach to the application - testimony, technical passport, annex to the tear-off coupon and so on.
• Date and signature.

We advise you to make a statement as detailed and specific as possible so as not to rewrite it upon request to supplement it with explanations. But as for the passport data - you do not need to indicate them. The law prescribes only the name and surname and affixing of its signature. At your request, in response to the request of the seller, you can indicate the details of your passport. But at your refusal, the addressee of the application is not entitled to demand this.

Refund or exchange?

By law, you not only have the right to receive money back for a product that is returned without a check, but also exchange it for a similar one. Of course, if such an instance is available.

If this product is not in the store’s assortment, then according to the Law on Protection of Consumer Rights (Part 2, Clause 1, Article 21), the seller has exactly one month to provide the necessary product or products for replacement at the request of the buyer.

And the reverse situation. If a similar returned product is in stock, then the buyer retains the right to receive the spent money not for his failed purchase.

Statement of loss of check - is it necessary?

The buyer, by law, should only make a return request. He fills out additional papers only at will. The presence or absence of the latter can in no way affect the fact of return.

However, if the seller voiced such an offer to you, we recommend that you listen to his request for an early resolution of the problem in your favor. Most likely, a statement is required for the reporting documentation of the store. And purely psychologically, this will draw the employee to you.

The law requires only an indication of the fact of the loss of the check in the application for return. This is a full reason for rejecting the seller.

Is failure possible?

The store is also entitled to refuse to return the goods without a cash receipt. It is real in such cases:

• The purchase is included in the List of goods that are not refundable.
• The defects that appeared appeared due to the fault of the buyer.
• The time period for returning has expired.
• The product has lost its proper presentation.
• There is no sufficient reason to make a return - the appeal is regarded as a fact of fraud on the part of the buyer.

If you think that the refusal is unfounded, then there is only one way left for you - to contact your local judicial authority with your problem.

The return of unsuitable, spoiled, low-quality goods without a cash receipt is possible. It is enough to issue a return application. However, be prepared to attach a document to it that confirms your purchase.