Return and exchange of goods of good quality within. Returning goods to the store - how long can I return the goods? How long does it take to return an item of good quality to a store?

Having made an unsuccessful purchase, many people think about the possibility of meeting the deadline for returning goods. The conditions for the return of the purchase and the terms are established by the law on the protection of consumer rights (hereinafter referred to as the Law). Here the interests of both parties, the buyer and the seller, are taken into account.

What determines the return period

The legislator provides 2 grounds for the return of goods, affecting the time of the return:

Return of goods of good quality.
Return of goods of inadequate quality.

In the first option, a thing is returned that does not suit the client in one or more of the following parameters: in shape, dimensions, style, color, and so on.

An indispensable condition for the return of the products in question is the fulfillment of certain conditions:

the product is new, which means that it has not been used;
consumer properties, trade dress is not lost;
completeness has not been changed (all tags, labels, packaging, instructions, etc. are available).

It will not be possible to return food products and goods from the list approved by Government Decree N 55.

In the second case, products are returned that have identified various disadvantages. For example, defects in clothing, shoes, found in the process of wearing.

Return of a quality product

The terms for the return of goods of good quality are regulated by Art. 25 of the Law. The buyer can return or exchange a quality product before the expiration of 14 days. The first day of this period is the day following the day of the purchase. However, the customer can also submit a similar application to the store on the day the purchase was made. If the shift has not ended, the refund for the goods occurs from the same cash desk from which the check was issued. Therefore, contacting the store with the problem in question on the day of the purchase is the most fast way her permission.

It is important that in the case of returning a quality product, the seller, if he has a product with similar characteristics, suitable for the client in size, style, and other indicators, exchanges the product for a suitable one. If such a product is not available, then at the request of the buyer, the terms for the exchange of goods are postponed until it arrives or the purchase price is refunded.

The return period for goods of good quality is 3 days.

When returning the purchase to the store, an application should be drawn up in 2 copies (1 for each of the parties), a representative of the store marks the receipt of his copy on the copy of the buyer.

The buyer must have an identity document:

the passport;
certificate of a soldier, police officer;
foreign passport, etc.

Return of defective product

If defects are found in the purchased item, the consumer has the right to:

Refuse the product, demanding monetary compensation for its cost.
Request a replacement with a similar product or another model, taking into account the possibility of additional payment or compensation for the difference in cost.
Demand a reduction in the price of a low-quality product or the elimination of identified defects at the expense of the store.

What is the time frame for returning the goods to the store if a marriage is detected and notifying the seller of your requirements?

If the purchased item has any quality defects, then this product should be returned. trading company. Usually defective products must be returned within the period during which the warranty is valid. As a rule, this is written in the warranty card at the time of sale. If this period is not defined, then for the reasons considered, the store's customer may submit claims within a period of up to 2 years from the date of purchase of the product, the quality of which does not correspond to the declared one.

The warranty period should be considered from the day the item was handed over to the buyer, if there is no documentary evidence of this event, then from the day the product was released. For seasonal products, the warranty period is calculated from the beginning of the corresponding season, taking into account the climatic zone in which the client lives. For example, for winter goods purchased in the summer, this period in central Russia will begin on November 1.

The deadline for the return of money for goods of inadequate quality is established by Art. 22 of the Law. It is 10 days from the date of the consumer's request. If the seller does not fulfill the legal requirements of the client within the prescribed period, he will have to pay a penalty equal to 1% of the purchase price for each day of delay.

The refund period also depends on whether an examination of the goods has been appointed.

If a simple marriage is revealed, for example, the sole of the shoe comes off, then this thing can be accepted for return without an examination.

If there is a complex defect, an examination is mandatory. For complex goods, its duration is up to 45 days from the date of filing a claim. Based on the results of the examination, a decision is made to satisfy the requirements of the buyer or a reasoned conclusion is drawn up in writing.

Separately, it should be noted that the return of purchased expired food products, medicines, perfumes or household chemicals is made immediately, since these goods should not be in the windows.

Distance shopping

The conditions set for the return of products purchased in online stores are somewhat different. How much time can a customer spend on resolving the issue of returning a quality product in this case?

According to Art. 26.1 of the Law, the period for returning goods includes all the time until the receipt of the purchase by the client and another 7 days from the date of receipt of the product, and if the terms and conditions for the return were not communicated to the client in writing, that is, against signature, then the period for returning the purchase increases to 3 months.

It is not possible to return only products with individually defined characteristics, in which the purchased items can be used by a specific person.

The requirements for a returnable purchase do not differ from those established for goods purchased in the traditional way.

Refunds to the customer are made by the seller within 10 days. Shipping costs are non-refundable.

The return of defective products purchased through online stores is governed by Art. 18-24 of the Law and corresponds to the information presented earlier.

Terms of return of goods by the client are regulated by law. At education controversial situations or in a situation of inaction of a store representative, you may need to consult a lawyer or go to court to protect your interests.

Consumer rights when returning goods

The rights of the buyer when returning the product and its subsequent replacement with an analogue with more suitable characteristics are protected at the level of federal legislation. This is a well-known fact (practically), but not all citizens (and sellers) are aware of the individual nuances of the relevant legal act.

The Federal Law "On the Protection of Consumer Rights" obliges the owners of retail outlets to accept and exchange goods, even if they are of quite appropriate quality, do not require repair and replacement with a functionally complete one. There are sufficient reasons for such a procedure. The right of the buyer to return the goods arises if the item purchased by him does not correspond to the desired parameters: shape, size, style, color or configuration. The period during which a person can return the goods is 14 days. There are, of course, a number of statutory restrictions on product returns. Namely:

the presentation is in order, all factory stamps and other external signs are unchanged;
there is a receipt confirming the purchase in a particular store (in some cases, you can do without it - more on this below);
the product is not included in the legally approved list of those that are not subject to return (we will consider examples of such products below).

All that needs to be done is to bring what was bought to the store, contact the seller and give him an application in the prescribed form, unless, of course, the owner outlet will not give its 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 indicate the fact that the application was received). If, for some reason, the store representative does not want to accept the application, you need to send a document by registered mail with notice. In order, if necessary, to present evidence to Rospotrebnadzor or in court.

Thereafter legal rights buyer take effect. He can choose a product with optimal characteristics.

When a product is out of stock

It is possible that an analogue of the replaced product, the characteristics of which would suit the buyer, is temporarily out of stock. What to do? Lawyers recommend paying attention again to the Federal Law “On Protection of Consumer Rights”. In its 25th article it is said that in the absence of a product that the buyer wants to see in return, there are grounds for terminating 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 the buyer pays him a visit with a request to exchange the goods. Another option is to negotiate. 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 that the desired product is on sale as soon as it is delivered by the supplier.

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

Items that cannot be exchanged

Above, we have identified a number of restrictions imposed by law 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 a discrepancy in style, shape, color, etc. Let's list them:

goods, the purpose of which is to carry out preventive, as well as medical procedures without going to the doctor (at home)
personal hygiene items;
perfumery, cosmetics;
clothes made of cotton, linen, silk, wool or synthetics;
products from materials related to the non-woven type (braid, various ribbons, decorations, lace);goods, the purpose of which is to carry out preventive, as well as medical procedures without going to the doctor (at home);
personal hygiene items;
perfumery, cosmetics;
clothes made of cotton, linen, silk, wool or synthetics;
products from materials related to the non-woven type (braid, various ribbons, decorations, lace);
wires, cables and cords;
linoleum, carpet and others Decoration Materials similar type;
socks, underwear, knitwear;
dishes, plastic boxes for food and other goods of a similar purpose;
washing powders, soap;

Reasons for return

Above, we determined that it is possible to return goods of good quality only if the seller has nothing to offer in return. There are no other options for the cashing out procedure. But it’s a completely different matter if the product purchased in the store has flaws - this is how the Federal Law “On Protection of Consumer Rights” indicates the fact that the product is not functional, has external damage - in a word, it is unsuitable for use.

What are the rights of the consumer when returning goods of inadequate quality? In accordance with the law, the 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 an additional payment or with a partial refund);
demand a refund for the item.

Which of these options should be prioritised? Any. Moreover, the law of the consumer's rights when returning goods of inadequate quality allows that the customer of the store is not obliged to motivate the choice of one or another scenario. By the way, all shipping costs for the product to be returned are fully borne by the seller.

As a rule, the choice of one of the above options for exercising the right of the consumer when returning the goods depends on the degree of damage to the product. In some cases - from its market availability. If, say, a person has bought the latest version of an iPhone, and the rest of the devices have already been snapped up in the city, 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 obliged to follow the procedures prescribed by law only if the product is damaged through no fault of the buyer. To reveal the correctness of someone's side, if everyone insists on their position, expertise is called upon.

Another important nuance. The rights of the seller 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 rise to return it). Evidence that the store informed about the relevant features of the goods in advance can be entries in the receipt, 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 customer was found to be informed about the shortcomings of the goods only because he purchased it in thrift store. And therefore the seller's refusal to return the money for the product was recognized as legitimate.

Who pays for the expertise?

The main point of contention in the event that there is a cancellation of the transaction purchase and sale, is the fact of recognition of the goods as having defects. As we said above, in such cases, an examination is usually carried out. And the seller must pay for it - since he doubts the theses of the buyer. If the results of the examination of the buyer are not satisfactory, he has the right to challenge them in court (by offering at the hearing the conclusions of other qualified specialists in the study of the goods).

If the seller's experts have revealed that the buyer himself spoiled the product, then the second will have to pay all costs, 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 expertise in case of exceptional confidence in their rightness.

So, when should I return the money for the return of the goods? We list the cases provided for by law.

1. If the product is of inadequate quality, and at the same time the seller agrees that significant defects in the goods arose through no fault of the buyer.

2. If the thing is not functional, and the examination has established that such a situation arose due to the actions of the seller.

3. It is always possible that the court will take the side of the buyer. Therefore, there is a real option in which the examination will not be in favor of the store's client, but the judge comes to the conclusion that it is the seller who is wrong.

Financial nuances

In some cases, disagreements arise between the buyer and the store, which, it seems, agreed to return the money paid for the goods, regarding the amount of the return. The reason for this is that the product, by the time the client brought it, has greatly risen in price or fallen in price. In the first case, the buyer may not like that he will receive a smaller amount in his hands than he could. In the second case, the seller, most likely, will not want to bear the costs and will insist on returning the product at the current, lower price.

However, the rights of the buyer when returning the goods are such that only he can expect compensation for a potential discrepancy in value. That is, if the price at the time of settlement is higher, the buyer receives the amount reflecting it. If lower, then the one you 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 with a bank loan? The law says - they should not be infringed. If the goods were purchased 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 compensate for interest and related loan costs.

We meet deadlines

How long does it take to return an item of inadequate quality to the store? How do the rights of the buyer relate to this when returning goods under warranty? The norms established by law regarding the timing are as follows.

1. 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 to cases where the product has so-called "significant" flaws (if, in a nutshell - a completely unsightly appearance and complete absence functions). If the buyer did 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 longer than 30 days in 1 year, then the buyer again receives the right to return the money for the goods.

2. Return of damaged goods that do not belong to the category of "technically complex" is possible within the period of the established warranty or expiration date (and if there is no information about either, then within 24 months from the date of purchase).

3. Many buyers are concerned about the question: when returning the goods, when should the money be returned? The law requires the seller to do this within 10 days from the date of the client's request.

Technical difficulties

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

aircrafts equipped with an electric motor or an internal combustion engine (that is, not turboprop);
cars, motorcycles and other vehicles intended for driving on routes that belong to the category of public roads;
tractors and other agricultural machinery;
snowmobiles and their analogues;
boats with an internal combustion engine;
navigation devices;
personal computers all types;
satellite TV sets;
game television consoles;
televisions, projection displays;
photo and video cameras, equipment for them (all digital);
kitchen appliances, water heaters.

The main criterion for recognizing technology as "complex", which is noted by many experts, is various kinds of "electronic" stuffing.

With or without a check

By default, the return of goods (as well as the exchange) is possible if the buyer presents a receipt for it. However, the rights of the consumer when returning goods without a receipt can still be exercised if the store makes sure that the product was purchased in another way.

Most often, these are 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, another regulatory legal act is connected to the Federal Law "On Protection of Consumer Rights" - "Remote Sales Rules", which are approved Russian government. By law, the client of the online store has the right to return the ordered goods without giving reasons and indicating motivations within 7 days from the date of receipt of the product in hand.

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

Trademark doesn't 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 features and functions, it is clear that it is not functional. The seller undertakes to accept the goods if they have flaws that complement those that give reason to talk about its low quality.

Andrey, hello!

The procedure for the return of funds in case of revealing defects in a product included in the list of technically complex products, based on the provisions of Decree of the Government of the Russian Federation of November 10, 2011 N 924, differs significantly from a similar procedure where the subject of a transaction is an ordinary product.

In accordance with Art. 18 of the Law "On Protection of Consumer Rights" the consumer has the right to refuse technical complex goods and the return of funds contributed under the concluded contract, in the presence of defects of any kind within a period of up to fifteen days, calculated from the date of its transfer to the consumer. But, if deficiencies are detected already at the end of the designated period, a refund is possible, but if one of the following reasons exists:

identification of a significant defect in the goods;
exceeding the terms of repair of goods established by the provisions of the Law "On Protection of Consumer Rights";
the lack of a real opportunity to use the product for each year, if it is under warranty, for a total of more than 30 days as a result of repeated correction of defects of various nature.

The seller, at will, has the right to count on the return of goods with defects to him, while the consumer, within up to ten days from the date of presentation of the corresponding request, cash in person or by bank transfer. The seller is obliged to comply with the deadlines, even despite the right to carry out quality checks and the obligations regarding the examination of the goods at his own expense in the event of a dispute regarding defects.

Sending a claim is not a mandatory procedure for resolving a conflict between a consumer and a seller of goods or a service or work provider. The consumer is authorized, bypassing it, to immediately go to court with statement of claim to restore their rights. However, a well-written claim reminds the seller, the manufacturer of the goods, as well as the performer of the relevant work, services, that they can be brought to administrative, civil, criminal liability in accordance with the legislation of the Russian Federation, which follows from Art. 43 of the Law "On Protection of Consumer Rights". In some cases, following the described procedure allows you to resolve the issue peacefully, which significantly saves time for both parties.

So, the claim should be drawn up in any form, indicating the circumstances, date, place of conclusion of the contract, the essence of the claims (deficiencies in goods, services, works, violation of delivery times or correction of deficiencies), consumer requirements based on the norms of the Law "On Protection of Consumer Rights" , deadlines for their implementation. The seller (executor) should be informed of the intention to go to court in case of ignoring or refusing to satisfy the requirements, as well as with a complaint to the regulatory authorities and the possible consequences associated with the listed measures. Be sure to sign the document and indicate the date of its compilation.

Submit personally or through an authorized representative to the seller (executor) in two copies, one of them remains with the consumer with a note of receipt, date, signature. Upon receipt of a refusal to record the fact of receipt of a claim or if it is impossible to provide a claim in such a way that takes place with remote purchases, the claim is sent by registered mail with a notification and a description of the attachment. Both of the described options for the delivery of a claim allow, in the future, during the judicial consideration of the case, to refer to the refusal or ignoring of the seller/performer to satisfy the requirements voluntarily and to additionally file a claim for the recovery of a fine in favor of the consumer in the amount of half of the amount of satisfied claims in accordance with Art. 13 of the Law "On Protection of Consumer Rights".

Andrey, if you have any questions, ask, I will be happy to answer. You can also write to me in the chat and order a personal consultation or preparation of a document on your issue. All the best!

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