Consumer rights when returning goods. How is the return of the ordered goods made

It happens that a buyer, having hastily bought jeans or a stylish jacket that he liked at the sale, discovers, having tried on a new thing again at home, that the clothes do not suit him at all. Is it realistic to go and exchange the goods for the same or even return the amount paid for it? The case is not a guarantee - the clothes are in perfect order. Both can be done, moreover, on completely legitimate grounds.

First, we study the aspect related to the exchange of goods.

The law protects consumer rights

The rights of the buyer when returning the goods and their subsequent replacement with an analogue with more suitable characteristics are protected at the level of federal law.

This is a well-known fact (practically), but not all citizens (and sellers) are aware of the individual nuances of the corresponding legal act.

The Federal Law "On Protection of Consumer Rights" obliges the owners of outlets to accept and exchange goods, even if they are of quite good quality, do not require repair and replacement with a functionally full-fledged one.

There are sufficient grounds for such a procedure. The buyer’s right to return the goods arises if the item purchased by him does not meet the desired parameters: form, size, style, color or configuration. The period during which a person can return the goods is 14 days. Of course, there are a number of statutory restrictions on returning the product. Namely:

- the presentation is in order, all factory stamps and other external signs are unchanged;

- there is a check confirming the purchase in a particular store (in some cases, you can do without it - more on this later);

- the goods are not included in the list of those that are not subject to return approved by law (below we will consider examples of such products).

All that needs to be done is to bring the purchased to the store, contact the seller and give him the application in the prescribed form, unless, of course, the outlet owner gives his copy (usually they do).

Some lawyers recommend making a copy of the document and asking the seller to put a store stamp on it (which would testify to the fact of receiving the application). If, for some reason, the store representative does not want to accept the application, you need to send the document by registered mail with a notification. To, if necessary, present evidence to Rospotrebnadzor or in court.

After that, the legal rights of the buyer take effect. He can choose a product with optimal characteristics.

When the product is out of stock

It is possible that an analogue of a replaced product, the characteristics of which would suit the buyer, is temporarily out of stock. What to do? Lawyers recommend again paying attention to the Federal Law "On Protection of Consumer Rights". In its 25th article it is said that in the absence of goods that the buyer wants to see in return, then there are reasons for the termination of the contract of sale.

Actually, in this case, the seller is obliged to return the amount paid for the product within three days from the moment when the buyer pays him a visit with a request to exchange the goods. Another option is to agree. The seller, having received from the buyer the desired characteristics of the goods and his contact details, may oblige himself to inform his client about the fact of the sale of the right product immediately as it is delivered by the supplier.

If the seller does not want to observe the buyer's rights when returning the goods or exchange, then the store customer has the right to apply to Rospotrebnadzor, to the court or to the prosecutor’s office with a corresponding complaint.

Items that cannot be exchanged

Above, we have identified a number of statutory restrictions on the return of goods of good quality. However, the rights of the buyer are also limited by a special list of products that, due to their operational features, cannot be exchanged due to inconsistencies in style, shape, color, etc. We list them:

• goods whose purpose is to carry out preventive as well as medical procedures without going to the doctor (at home);

• personal hygiene items;

• perfumes, cosmetics;

• clothes made of cotton, linen, silk, wool or synthetics;

• products from materials related to the non-woven type (braid, various ribbons, jewelry, lace);

• wires, cables and cords;

• linoleum, carpet and other finishing materials of a similar type;

• socks, underwear, knitwear;

• dishes, plastic boxes for food and other goods of similar purpose;

• washing powders, soap;

• agrochemical products, pesticides;

• furniture;

• rings, chains and other products using gold, silver, platinum, other noble metals and precious stones;

• cars, trailers, motorcycles, bicycles, small-sized agricultural machinery, boats, boats of small displacement;

• a wide group of so-called "complex goods" with a guarantee (machines, radio electronics, computer equipment for domestic use, telephones, faxes, electric guitars, synthesizers, toys, gas equipment, etc.);

• types of weapons and ammunition dispensed to the civilian population;

• animals, plants;

• non-periodic printing.

Thus, we make a brief summary about the exchange of goods of good quality.

1. Refunds within this procedure are possible in one case: if the seller has nothing to replace the goods at the time of the buyer’s request. Or the client does not consider the proposed options as optimal for themselves. There are no other options where the consumer’s consumer rights would imply a refund for goods of good quality.
2. The product that the customer brings for a replacement must necessarily be functional, and its appearance as close as possible to the "factory". The law, as some lawyers have noted, implies that the product will then be returned to the counter.
3. The interaction between the seller and the buyers should preferably be supported by written documents (copy of the application, registered letter).

Now we move to another category - the return of goods.

Reason for return

We have determined above that a good quality product can only be returned if the seller has nothing to offer in return. There are no other options for "cashing out" the procedure. But it’s a completely different matter if a product purchased in a store has shortcomings - this is exactly how the Federal Law "On Protection of Consumer Rights" indicates the fact that the product is not functional, has external damage - in a word, unsuitable for use.

What are the consumer rights when returning goods of inadequate quality? In accordance with the law, a store customer can choose one of five possible scenarios:

• agree to a free repair;

• reduce the cost (return part of the money paid for the goods);

• replace the product with the same, but of good quality;

• take an analogue (with surcharge or with a partial refund of the amount);

• demand a sum of money for the goods back.

Which of these options should be prioritized? Any. Moreover, by law, consumer rights when returning goods of inadequate quality allow that the customer of the store is not required to motivate the choice of a particular scenario. By the way, all the costs of transporting the product to be returned are fully borne by the seller.

As a rule, the choice of one of the above options for the exercise of consumer rights when returning goods depends on the degree of corruption of the product. In some cases, from its market availability. If, say, a person bought the latest version of an iPhone, and the city already managed to grab the rest of the devices, then he will probably agree to repair or replace the device with a new one.

When the law is on the seller’s side

Of course, there are also seller’s rights when returning goods. The store is required to perform the procedures prescribed by law only if the product is damaged due to no fault of the buyer. To identify the correctness of any party, if everyone insists on their position, the examination is called upon.

Another major nuance. The seller’s rights when returning the goods will be reliably protected if the client at the time of purchase of the product was informed that the purchased item has flaws (those that gave reason to return it). Evidence that the store has informed in advance about the relevant features of the product may be written in the check, in the documents attached to the product.

Sometimes the type of outlet where the item was purchased matters. In judicial practice, there are cases when the client was recognized as informed about the shortcomings of the goods only because he purchased it in a thrift store. And therefore, the seller’s refusal to return money for the product was recognized as legitimate.

At whose expense is the expertise?

The main controversial issue in the event that the purchase and sale transaction is canceled is the fact that the goods are recognized as having defects. As we said above, in such cases, an examination is usually carried out. And the seller must pay for it - as he doubts the buyer’s thesis. If the results of the buyer’s examination are not satisfied, he has the right to challenge them through the court (by proposing at the hearing the findings of other qualified experts in researching the goods).

If the seller’s experts found that the product was spoiled by the buyer himself, then the second will have to pay all expenses, which, in addition to paying for the services of specialists, may include the costs of delivering the goods to the place of examination. It is possible that the amount of expenses will exceed the price of the product. And therefore, lawyers recommend that buyers use the expertise in case of exceptional confidence in their innocence.

So, when should you return the money for returning the goods? We list the cases prescribed by law.

1. If the product is of inadequate quality, and the seller agrees that significant shortcomings of the goods occurred through no fault of the buyer.
2. If the item is not functional, and the examination established that such a situation arose due to the actions of the seller.
3. It is always possible that the court will side with the buyer. Therefore, the option is real, in which the examination will not be in favor of the customer of the store, but the judge concludes that it is the seller who is wrong.

Financial nuances

In some cases, between the buyer and the store, which, it seems, agreed to return the money paid for the goods, disagreements arise regarding the amount of the return. The reason for this is that the product, at the time it was brought by the customer, has become much more expensive or cheaper. In the first case, the buyer may not like that he will receive a smaller amount on hand than he could. In the second - the seller, most likely, will not want to bear the costs and will insist on the return of the product at the current, lower price.

However, the buyer’s rights when returning the goods are such that only he can count on compensation for a potential discrepancy in value. That is, if the price at the time of settlement is higher, the buyer receives an amount reflecting it. If lower - then the one that paid.

Another nuance of a financial nature. A lot of goods today are bought on credit. What are the rights of buyers when returning a phone, computer, coffee maker, printer or kettle purchased for a bank loan? The law states that they should not be infringed.If the goods were bought on credit and turned out to be of inadequate quality, the store is obliged to pay the client not only the amount in accordance with the cost, but also to compensate for the interest and related loan costs.

We comply with the deadlines

How long can I take a product of inadequate quality back to the store? How does the buyer’s rights relate to this when returning the product under warranty? The norms established by law regarding the terms are as follows.

• Return of damaged goods belonging to the category of "technically complex" (about them a little later) is possible within 15 days from the date of purchase. This rule does not apply if the product has so-called "significant" flaws (if in a nutshell - a completely unsightly look and a complete lack of functions). If the buyer does not have time, then the rules apply in accordance with the guarantee. Regarding this aspect, there is also a norm. If the store undertook to carry out repairs under warranty, but did it for longer than 30 days in 1 year, then the buyer again receives the right to return money for the goods.

• Return of spoiled goods that are not classified as “technically complex” is possible within the period of the established warranty or expiration date (and if there is no information about either, within 24 months from the date of purchase).

• Many buyers are concerned about the question: when returning the goods, when should they return the money? The law requires the seller to do this within 10 days from the date of the customer’s request.

Technical difficulties

We said above that the law makes it somewhat difficult to return the so-called "technically sophisticated" goods. To return the amount paid for them, the buyer needs to have time to take them to the store within 15 days after the acquisition. What are these products. Their list is as follows:

• aircraft equipped with an electric engine or an internal combustion engine (i.e., not turboprops);
• cars, motorcycles and other vehicles intended for driving on highways, which relate to road categories common use;
• tractors and other agricultural machinery;
• snowmobiles and their analogues;
• watercraft with an internal combustion engine;
• navigation devices;
• personal computers of all types;
• MFP;
• sets of satellite TV;
• gaming television consoles;
• TVs, projection displays;
• photo and video cameras, equipment for them (all digital);
• kitchen appliances, water heaters.

The main criterion for recognizing the technique as “complex”, which is noted by many experts, is various kinds of “electronic” filling.

With and without check

By default, the return of the goods (as well as the exchange) is possible if the buyer presents a check for it. However, consumer rights under return goods without check nevertheless, they can be realized if the store makes sure that the product was purchased in another way.

Most often, these are the testimonies of people who accompanied the buyer, and in some cases - the seller who released the goods.

Return to online

Special trading rules apply to purchases in online stores. In this case, the Federal Law "On Protection of Consumer Rights" is connected with another regulatory legal act - "Rules for the sale by remote means", which are approved by the Russian government. According to the law, the client of the online store has the right to carry out the return of the ordered goods without giving reasons and indicating the motivation within 7 days from the receipt of the product on hand.

But that is not all. If the online store forgot to put in the box with the delivered product a properly completed briefing on the citizen's right to return the goods within the specified time, then you can return the purchase within 3 months.

Presentation does not matter

Interestingly, when returning a low-quality product, it is not at all necessary that it has a presentation.It does not matter how the thing looks, the main thing is that, due to its external signs and functions, it is clear that it is not functional. The seller undertakes to accept the product if it has flaws that complement those that give reason to talk about its low quality.