Each person at least once in his life faced a situation where he needed to return a newly purchased product to the store. It is even possible that the seller refused to issue a refund, citing store rules or laws. But is there a likelihood that the seller in this case violated the law? To avoid cheating negligent entrepreneurs and be able to protect their rights, you need to know what goods are not refundable. It’s easy to protect yourself - there are few such products, and they are divided into several categories.
Legislation governing the return or exchange process
Sometimes in the store you can see a warning sign that rashly purchased goods can not be returned and exchanged. On the one hand, the customer is warned, therefore, should be responsible for the purchase. On the other hand, are such warnings legal and do they remove liability from the store? Turn to the law.
Relations between the buyer and the seller are regulated by the Civil Code of the Russian Federation, the law “On Protection of Consumer Rights”. Thus, article 502 of the Civil Code refers to the right of the buyer to exchange goods or return money for it. The law “On the Protection of Rights” also confirms this possibility and secures it.
Product Exchange Terms
According to the above documents, the consumer has the right to exchange goods in the following cases:
- If he does not suit the client for any reason (he did not fit in size, shape, color, configuration), and he wants to change it to a similar one.
- If the consumer has not violated the packaging of goods, retained its presentation and provided that the tags, seals, etc. saved.
If the client wants to exchange the goods for a more expensive one, he has the right to do so by making a surcharge.
Refund Terms
The buyer can expect a full refund for the purchased goods. The conditions for return are the same as for the exchange. If the client wants to exchange the goods for a similar, but not available, it is not necessary for him to return the money. In some cases, he may agree with the seller that he will be informed when the goods appear in the store.
Terms for making an exchange or refund
Exchange or refund can be made within two weeks, not counting the day of purchase. Store owners have the right to set the terms within which it is possible to make an exchange or refund, but they can not be less than 14 days specified by law.
Refunds must be made no later than 3 days from the date of registration of the refund.
Do I need a check?
In order to exchange or return a product, it should not only not be included in the category of goods not subject to return, but also should not be used and lose its presentation. These rules are understandable: if someone bought shoes, spent all day in them, and then decided to return them to the store because of the wrong color or size, this is unlikely to be a reason for speculation. But is it necessary to keep a check? Indeed, many of us have the habit of immediately getting rid of it. A sales receipt or cash receipt is necessary as the most obvious evidence of a transaction. But if he is lost, you can resort to recordings from surveillance cameras or attract witnesses. Thus, the check is not necessary when processing the return procedure, but it is the simplest proof of payment.
How to find out which items are non-refundable
Sometimes, nevertheless, the store has the right to refuse a refund. This can happen due to the fact that the product is on the list established by Decree of the Government of the Russian Federation No. 55 of January 19, 1998. It contains a complete list of non-food items that cannot be returned to the store after a rash purchase. It is worth adding that in some cases the store is obliged to accept even goods from the list, but this is more an exception than a rule. It is enough to refer to this document to understand whether the refusal of return is legal or not. The administration of stores has no right to additionally establish restrictions on returns, such decisions are made only by the Government of the Russian Federation.
List of goods from the regulation
The Decree of the Government of the Russian Federation No. 55 contains a very specific list, which describes all categories of goods of good quality, which will be impossible to return to the store. In some cases, when the product, for example, is defective or must be returned due to the fault of the store, you can still return it.
Non-refundable:
- Medications. These include products for personal hygiene and personal care. The signs remind you of the impossibility of returning medicines in pharmacies. So, if you bought the wrong pills, then you have to spend money again to get the remedy you need: they will not do the cancellation. But even from medical products there are exceptions. For example, you can return child care products, medical devices, dental hygiene products and vision lenses.
- Products made of polymers intended for contact with food and its storage (disposable plates, spoons, cups, transfer containers, kitchen utensils made of polymers).
- Household and technical chemistry.
- Materials sold by the meter - fabric, building materials, etc.
- Textiles and underwear (underwear). An exception was made for outerwear and footwear - they are obliged to change it in stores if there is a reason.
- Home furniture, furniture sets, sets.
- Jewelry and all products, including precious stones and metals, such as luxury goods.
- Hygienic products. Cosmetics and perfumes, hair care products, toothbrushes and other hygiene items cannot be taken back by the store.
- Automotive, motorcycle and bicycle products and watercraft.
- Sophisticated household appliances with warranty repair periods.
- Any weapons and related products.
- Plants and animals.
- Seal of non-periodic nature.
It is also worth noting that discounted goods are not subject to exchange and return. As a rule, markdown is due to any defect or defect. The store has the right to sell such goods at a special, attractive price, but is obliged to warn customers about what is wrong with their purchase and to stipulate in advance that a return will not be possible. Only if a marriage is found that is not agreed upon by the seller, you can try to appeal the transaction.
Similarly, promotions and discounts may apply.
What are technically sophisticated products?
In our age of electronics, it is difficult to imagine your life without smart appliances, computers and smartphones. Therefore, in 2011, the list of non-refundable goods was supplemented with a new category - apparatuses, in the manufacture of which high technologies were used. What it is?
Despite the complex wording, the objects in mind are familiar to everyone. These include:
- Devices using an internal combustion engine or electric power to move, i.e. air, water and land transport.
- Agricultural equipment: machines, complex tools, instruments.
- Digital video and cameras, as well as all related equipment.
- Navigators and wireless communications (telephones, smartphones) equipped with a sensor, having more than two technical capabilities.
- Items related to television and its viewing, home theaters.
- Watches, mechanical or electronic.
- Household appliances for bathroom and kitchen.
- Printers and monitors.
- Various kinds of computers.
The choice of these products must be approached with particular care, as returning them to the store will not work. In the event of a marriage or breakdown, the equipment is sent for warranty repair, after which it is returned to the owner. To return it or exchange it, you will need expertise and evidence that the item sold is defective and cannot be repaired. Therefore, it is important to know which items are not refundable.
How to return a purchase?
If the product you purchased does not meet your specifications, is defective or does not suit you, you can exchange or return it to the store. Before you do this, follow a few simple steps:
- Become familiar with your civil rights and do not let sellers mislead you.
- Check which items are non-refundable and if your purchase is not among them. If the product is in the non-refundable list, you can receive money or exchange for it only on condition of marriage after an expert evaluation.
Having completed these points, feel free to pack the goods in a box in a complete set, take a receipt or other evidence of the transaction and go to the store - the seller has no right to refuse to exchange or return you!