Many consumers have faced the acquisition of substandard products. In this case, a refund is issued. But are good quality food items subject to return? The nuances of this procedure are presented in the article.
What does the law say?
The return of food products of good quality is regulated by the law "On Protection of Consumer Rights" and the Civil Code. They should be referred to in case of any disputes.
Considering the norms of the above documents, food products are non-returnable goods, therefore, it will not work to return them if the buyer changes his mind. But the Federal Law sets conditions under which a citizen can receive compensation and return the goods.
Art. 25
The nuances of the exchange of non-food goods are specified in article 25. The return of a good quality food product is not carried out on it. Non-food items can be exchanged if they do not match in shape, parameters, style, color, size, and configuration. This is done for 14 days.
It turns out that under article 25, the return of food products of good quality is not carried out. For exchange, non-food products must maintain their presentation, consumer qualities, factory labels.
Consumer rights
The buyer who purchased the damaged goods is able to return them to the seller and demand:
- refund;
- exchanging the product for a similar good quality.
According to Art. 492 of the Civil Code, the seller is forbidden to refuse the buyer in this case. Otherwise, he violates retail rules. These rules apply to all stores.
Not replaceable
The return of food products of good quality by the buyer is not possible if he simply ceased to like the buyer. There should be no good reason:
- inappropriate form;
- need other dimensions;
- another style is required;
- need a different color;
- inappropriate size;
- not appropriate equipment.
There is a list of goods of good quality that are not refundable:
- medical and preventive goods;
- hygiene products;
- textile;
- sewing products;
- polymer products;
- household chemicals;
- furniture.
What can be returned or exchanged?
As stated in article 25 of the Law on the Protection of Consumer Rights, a refund is possible only when:
- the product does not fit in shape;
- the product does not match the color, size, style;
- the products are not suitable in size, configuration.
It turns out that goods of good quality, subject to return and exchange, must comply with these conditions.
Signs of Corruption
Selling expired products is against the law. It should not be sold to consumers. But many unscrupulous entrepreneurs still sell such goods to rushing people. This allows the store to make a profit and cover costs.
It is still forbidden to sell the following products:
- if the product has an unusual smell (for example, in some stores meat is treated with bleach to make it presentable);
- when the product has an unusual color;
- with opened packaging (in this case, the entire contents deteriorates from the penetration of harmful bacteria);
- if an incorrect description of the goods is indicated;
- when inside are third-party items.
These are signs of inadequate quality products. Such products can be caught by anyone. In all these cases, the buyer has the right to make a refund. And then the law will be on his side.
What can the buyer hope for?
It turns out that the return of food products of good quality is not carried out. Also, it will not work to exchange food. It is important to consider that the buyer can protect personal rights and return funds in some cases.
But the return of products of inadequate quality is established by law. This procedure is absolutely legal, and there should not be any difficulties in its implementation. And if difficulties have arisen, the buyer can always contact a higher authority.
How to prove the truth?
The proof indicated may be the information indicated on the product packaging. A check is also useful, where the date and name of the goods with the article are fixed. If there is no check, then witnesses are involved to prove the case. Otherwise, you can ask to view the recording of CCTV cameras.
It is also possible to compare the readings of the consumer and the article on the product with the reporting documentation and the list of goods that are sold in the store. If all these methods do not work, then it is necessary to conduct an examination of the product. If it confirms unsatisfactory quality, the buyer has the right through the court to demand reimbursement of the price and compensation of costs.
Features of the procedure
The law is cruel on the issue of returning food products of good quality. But, according to practicing lawyers, in this case there is one nuance. Sometimes the product in the package differs from the declared one. For example, sweets or cookies are packed in a grocery store. Mistakenly or specially, the goods may be packaged incorrectly. In this case, the return of food products of good quality is possible. The consumer needs to go to the store.
According to the law, the return of food products of good quality, as well as exchange, is carried out if the products underwent a drying procedure and were not weighed again. If the buyer has identified a body kit, he may file a claim.
Terms and conditions
The return of a good quality food product to the store, if it is not properly packaged, is carried out as follows:
- The product itself is provided in the store.
- Even if the packaging is damaged, it should be provided to the seller in the form of evidence.
- The product must be delivered in its original form.
- It is important to maintain presentation.
- The store provides a check or other document that serves as a confirmation of payment.
Inadequate quality
If the packaging is incorrect, it is still possible to return goods of good quality. Consumer protection will help to do this legally. The return of products of inadequate quality is allowed when the product with an expired shelf life has lost its consumer qualities, or if it was sold with an expired shelf life.
Products with inadequate quality are returned for the following reasons:
- Expired shelf life.
- The presence of impurities, objects.
- Quality violation.
To return such goods, the buyer needs:
- Transfer the product to the store.
- The seller has the right to demand an examination. This is done at his expense.
- Pass a receipt confirming the time and fact of purchase in this store.
- Make a claim.
When do you make a claim?
Can I return a good quality food product without a claim? Article 25 only indicates the completion of the procedure. Without a complaint, the procedure can be performed if the product and packaging do not match. In other situations, this document must be drafted, because if there is a disagreement, it will protect the rights of the consumer.
With a claim, you need to submit several documents to the store. Usually required feed:
- Copies of the check. Sometimes the store requires the original, but it is preferable not to give it. It can only be shown, and then a copy is certified using the signature of the administrator.
- Copies of your passport.
- Copies of checks, receipts, certificates, if defective products have led to a violation of the health of the consumer. These documents are required to pay compensation for treatment.
- Examination data.
When the claim is made, it receives a special number, which is transmitted to the consumer. This must be done, otherwise the procedure will not be legally fixed.
Drawing up a claim
Start it with the details. In the upper right part, the applicant indicates information about the seller: name of director, address of the store. Below is recorded your data: name, address and phone. Specifying the email address will speed up the claim, but this is not necessary. Then the name is indicated - “Claim”, it can be supplemented with the words “for return of goods”.
Entry begins with the presentation of the applicant. It indicates the name, passport data. Then the buyer must accurately describe the purchase. The name of the product must be written in full. The main part includes the essence of the problem that appeared with the product. Everything needs to be described in great detail. The emphasis should be on the facts.
A separate paragraph includes damage resulting from the use of a defective product. In this case, they write about a citizen’s disease. Also estimated are the costs of medicines, visits to doctors, an approximate amount is indicated.
The last paragraph includes the laws indicated at the beginning of the article. This part is not mandatory, without it the claim will still have legal force, but then the seller will be notified of the legal literacy of the buyer. After the word “I ask”, the actions that are expected from the seller are indicated. At the end, put the date and signature. Without them, the claim will not have legal force.
Duration of consideration
If the buyer complains about the discrepancy between the packaging and the contents or shrinkage of the goods, a refund is made upon handling. Money is returned in full. A similar product may be offered.
When contacting a grocery store for returning goods with defects, the claim is considered 10 days. This period is allocated for examination, if required.
What to do in case of failure?
In case of violation of consumer rights, contact:
- consumer protection organization;
- Rospotrebnadzor;
- court;
- the prosecutor’s office.
The company will deal with the illegal actions of the seller in a peaceful way. For example, a new claim is being drafted, an examination is being conducted. Rospotrebnadzor has administrative influence; therefore, an unscheduled inspection is expected after the appeal. If a violation is discovered, then the funds are returned to the buyer. In the presence of civil disputes go to court. With the filing of the claim, the buyer is able to claim actual and moral compensation.
If the violations are widespread, you can contact the prosecutor. The basis for drawing up an application to the prosecution authorities may be poisoning or other bodily injury caused by a low-quality product.
Consumer Recommendations
When buying food products, customers need to follow these simple rules:
- You must carefully read product information. They can be found on the label or in the original packaging.
- You need to look at the date of manufacture and expiration date.
- Perishable goods should be sold on the shelves of refrigeration equipment.
- When choosing goods, you need to carefully inspect the packaging and the product itself for damage.
- When buying finished products, such as salads, you need to remember that after refueling they are stored for no more than 3 hours.
- Do not buy frozen convenience foods in sticky bags. The products in them are deformed, as they were defrosted. From this quality deteriorates, the product becomes hazardous to health.
- For some time you need to save the check. It may come in handy.
When buying products in a store, care must be taken to pay attention to quality and shelf life. But if you purchase bad products, you will have to stubbornly defend your rights.
Total
With the return of products of appropriate and inadequate quality, the consumer must take into account that the law is on his side. It is necessary to protect your rights persistently, without violating the line of law. In this case, it will be possible to quickly resolve this issue.