Warranty for shoes: according to the law. How to return shoes to the seller?

What is a warranty case?

Let's take a closer look at how a shoe warranty works. The list of cases in which you can contact the seller to return shoes under the 2020 warranty is strictly defined. The reasons for filing a claim may be:

• a crack on the sole;
• staining defect;
• seam rupture;
• curvature of seams.

The seller has the right to order an examination of the shoes. It must be carried out within 20 days from the date of receipt of the complaint (Clause 1 of Article 21 of the Law on PPP).

You can exchange or repair shoes under warranty even if the period has expired. To do this, within 2 years (in accordance with clause 5 of Article 19 of the law on ZPP) from the date of purchase, you need to carry out an examination and prove the presence of a manufacturing defect.

How to write a claim for returning shoes after the warranty period

Yes, even after the end of the warranty period, defective shoes can be returned.

According to Art. 19 of the Law “On Protection of Consumer Rights”:

1. The consumer has the right to present the requirements provided for in Article 18 of this Law to the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) regarding defects in the goods if they are discovered during the warranty period or expiration date. In relation to goods for which warranty periods or expiration dates have not been established, the consumer has the right to make these demands if defects in the goods are discovered within a reasonable time, but within two years from the date of their transfer to the consumer, unless longer periods are established by law or contract. 5. In cases where the warranty period provided for in the contract is less than two years and defects in the goods are discovered by the consumer after the expiration of the warranty period, but within two years, the consumer has the right to present to the seller (manufacturer) the requirements provided for in Article 18 of this Law if he proves that the defects goods arose before its transfer to the consumer or for reasons that arose before that moment.

True, in this situation, you will need to write about returning shoes after the warranty period a little differently.

Before writing a complaint and taking the shoes to the store, you will have to conduct an examination of the pair. This is a paid service, but the seller must compensate for any losses incurred. If the examination decides that the cause of damage to the shoes was a manufacturing defect, use this form to claim the return of shoes.

What is not a warranty case?

Sellers do not always agree to honor warranties under the 2020 law. A refund or exchange of shoes under warranty may be refused in the following cases:

• the shoes were of high quality;
• the product has lost its presentation;
• the buyer carried out the repairs independently;
• the product has been damaged by weather conditions;
• the person misused the product;
• There is a presence of mechanical damage, the appearance of which is the buyer’s fault.

Shoes must be returned to the store under warranty clean and dry. In another situation, it will be impossible to exercise the legal right.

Consumer rights

If a person bought low-quality products in 2020, during the entire warranty period of the shoes he has the right to contact the seller with one of the following requirements:

• free elimination of defects in shoes or reimbursement of costs for the process;
• replacement with another product of the same brand;
• proportionate reduction in cost;
• refund for shoes;
• replacement with a product of a similar brand.

Initially, you should ask for replacement shoes under warranty. It must be similar or in the same price category as the original purchase. Refunds are made only if the seller cannot replace the defective product with an analogue. It is necessary to contact the organization with a claim if defects are identified in the occurrence of which the buyer is not involved. The seller may send the goods for examination. Based on it, a decision will be made to approve the client’s requirements or refuse to satisfy the claim.

How to return shoes under warranty

If the buyer is dissatisfied with the quality of the purchased shoes, then according to Art. 19 of the Law “On the Protection of Consumer Rights”, he has the right to count on replacing a low-quality pair of shoes with a similar one, but without manufacturing defects, or with shoes of a different model when recalculating the cost. A refund is also possible (if you have a passport).

If the seller does not agree to these requirements, a claim is drawn up in writing, which indicates: shoe model, date of purchase, price, article number.

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The complaint describes the identified defect and formulates the necessary requirement to the seller. It is advisable to attach a copy of the purchase receipt to the claim, although the Law “On the Protection of Consumer Rights” (clause 5, article 18, clause 1, article 25) allows you to do without it if the buyer has a witness to the fact of the purchase he made.

When and after this the seller refuses to satisfy the buyer’s demands, an independent examination is carried out. She must prove the fact that shoes were manufactured in violation of GOST and technical conditions, non-compliance with production technology, etc.

If experts determine that the buyer’s claims to the quality of the shoes were justified, i.e. its defects are not associated with improper wear, he must send a repeated claim to the seller with a copy of the examination performed. This claim should include a demand for the return of funds spent on the examination.

According to Art. 25 of the above-mentioned law, you can return to the store those shoes that simply do not suit the buyer in size or appearance. This is called the warranty return procedure. It can only be done within two weeks from the date of purchase and only if the shoes have not been worn and are in salable condition.

Its packaging and labels must be preserved. To receive a refund, you will need a passport. A check in this case is also not required, but in practice sellers persistently require it.

Can I make a claim after the warranty period has expired?

This possibility exists. Moreover, both for the main part of the shoes and for the accessories. If the consumer finds defects in the purchased product within a reasonable time (namely, no later than two years from the date of purchase, in accordance with paragraph 1 of Article 19 of the Law “On Protection of Consumer Rights”), he also has the right to make a claim to the seller.

Here it will be necessary to prove that the shoes had these very shortcomings even before purchase. Such cases include, for example, a manufacturing defect, which can only reveal itself in rainy weather.

Buyer's rights under the Law of the Russian Federation “On the Protection of Consumer Rights”

If a manufacturing defect is identified in a shoe product, the buyer can rely on paragraph 1 of Article 18 of the Law of the Law and paragraph 2 of the Rules.

According to these standards you can:

• replace the shoes with the same or similar model with recalculation of the amount according to the rules of Article 24 of the PPA;
• get money back;
• reduce the price without returning the purchase to the store;
• transfer the goods to the store for repair;
• return the purchase in exchange for the money paid.

Shoes must be presented in clean condition for exchange, refund or repair.

If the defect appears during the warranty period

According to the general rule in paragraph 2 of Article 19 of the PZPP, the warranty period begins to last from the day the purchase is transferred to the purchaser. If this date cannot be determined, the day on which the product was manufactured is used for counting. But for seasonal products, which include some types of shoes, the period should be calculated from the beginning of the corresponding season.

The buyer can present any of the above requirements if the product has a warranty and service life and their validity periods have not yet expired.

If the defect is discovered after

In the event that the warranty period is less than two years and defects are discovered after this period, but no later than two years from the date of purchase, the buyer may demand from the seller or manufacturer to satisfy the requirements specified in paragraph 1 of Article 18 of the PZPP. In this case , the purchaser must prove that the identified defects arose before receipt of the purchase.

Types of guarantees

The law provides for 2 types of guarantees for footwear products: return guarantee and quality guarantee.

Return Guarantee

The consumer has the right to exchange or return (if replacement is not possible) shoes within 14 calendar days, subject to certain conditions. This can be done for subjective reasons, for example, you are no longer satisfied with the style or color of the shoes.

The purchase and sale agreement can be terminated only if the seller does not have a similar replacement.

A return can be made if the shoes do not show signs of wear and there is evidence of a purchase at a given outlet (receipt, testimony).

In addition, returned products must:

• preserve consumer properties;
• have no damage to factory labels or tags;

In all other cases, you can return or change shoes only if there is a defect.

Quality assurance

Each manufacturer selling its products is obliged to ensure that the goods comply with certain quality standards adopted in the Russian Federation.
For footwear products, these requirements are established in GOST “Casual footwear. General technical conditions" and a number of other GOSTs. The warranty period for shoes of proper quality is established depending on the materials of manufacture, and should be:

1. For everyday use - from 30 days.
2. For rubber from 40 days.
3. For sports – 2 months.
4. For children - 1 month.
5. For home and travel – 1 month.

The manufacturer has the right to extend the warranty for a longer period than provided for by GOST requirements.

Sample claim for exchange/return of shoes within 14 days

To: _____________________ (name of the legal entity/IP of the seller) ____________________ (OGRN/TIN of the seller) ____________________ (address of the legal entity/IP of the seller) From:_______________________ (Full name of the buyer) _______________________ (address for sending a response) _______________________ (telephone number buyer for contact)

REQUIREMENT for exchange/return of shoes

__.__.20__ between me and _______________________ (indicate the name of the seller) a contract for the purchase and sale of shoes was concluded: _______________________ (indicate the name, size, model and article if available, for example: “men's low shoes Santi Nonna, size 43, article: ABC-123, black). The price of the shoes was ________ rubles, which were paid in full by me.

During the statutory period of 14 days, I discovered that the shoes: ___________________________________ (select the reason for replacement: did not fit in: size, color, style).

In accordance with Article 25 of the Law of the Russian Federation “On the Protection of Consumer Rights,” the consumer has the right to exchange a non-food product of proper quality for a similar product from the seller from whom this product was purchased, if the specified product does not fit in shape, dimensions, style, color, size or configurations

If a similar product is not on sale on the day the consumer contacts the seller, the consumer has the right to refuse to execute the sales contract and demand a refund of the amount of money paid for the specified product. The consumer's request for a refund of the amount of money paid for the specified product must be satisfied within three days from the date of return of the specified product.

Based on the above, I demand:

— exchange shoes for something similar, but suitable for me _________________ (select: by: size, color, style). If similar shoes that suit me are not on sale on the day the seller receives this demand, then I refuse the contract for the purchase and sale of shoes and demand a refund of the amount of money paid for the shoes in the amount of ________ rubles. within a period not exceeding three days.

List of applications:

- shoes of proper quality.

_____________ (signature, transcript of signature) date: __.__.20__

Reduced price purchase guarantee

Quite often shoes are offered for sale at a discount. Stores hold promotions such as “discount marathon” or “seasonal sale” annually.

Is there a warranty period for shoes purchased at a discounted price? After all, the store often claims that such boots are not covered by the warranty.

The reason for the price reduction may be:

• presence of defects. The warranty will not apply to defects indicated at the time of sale. Any defects found other than those listed shall entitle buyers to the same rights as in a normal purchase;
• the desire to get rid of leftovers and free up the warehouse for new models. The warranty begins in accordance with the general rules.

According to the law, the warranty period for goods purchased at a discount will be the same as for a regular purchase.

Insects

The ubiquitous moth butterflies are a classic of the genre. Do you think moths will disdain shoes? You are wrong! This clothing locust is extremely democratic when choosing “dishes”. Natural fur on shoes, if there are also traces of sweat on it, is a wonderful delicacy. Also, a small detail: shoe boxes always (should have!) holes for ventilation. And if you leave fur shoes without proper attention, moths, alas, will definitely get there. The times of total shortages are long behind us, but in order to avoid not very pleasant incidents, we recommend treating shoes with fur trim with a special compound or anti-moth spray. Additionally, tablets, briquettes, plates, cedar balls or sachets and other repellents can be placed in shoe boxes or plastic containers.

To summarize, we can note the simplicity and accessibility of the rules considered: compliance with them does not require any difficulty or serious material costs for owners, and the result will be favorite shoes that can last for a long, long time.

Warranty for winter shoes

To take advantage of the legal winter boot warranty in 2019, you'll need to be prepared. The buyer must have identification with him. Additionally, you will need to file a claim. The document is drawn up in 2 copies. One of them is given to the organization where the purchase was made, and the second remains with the buyer.

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Any employee at a shoe store can accept the paper. He must pick up the copy intended for the seller, and put an acceptance mark on the buyer's form. Consideration of the application depends on what exactly the consumer requires from the seller. If the money is returned, the claim will be considered within 10 days (Article 25 of Federal Law No. 2300-1). If the exchange is 7 days, if the exchange of shoes with examination is 20 days (Clause 1 of Article 21 of Federal Law No. 2300-1). If there is an exchange, but the product is not in stock - 30 days (Clause 1, Article 21 of Federal Law No. 2300-1). When the deadline comes to an end, the seller is obliged to provide an answer.

We sell shoes under warranty

You bought new shoes, but during the warranty period the sole came off, the heel broke, or you discovered some other defect. In this case, you have the right to contact the seller with a demand to replace the shoes with new ones, return the money or repair them. Let's consider when and how this can be done.

What is the warranty period for shoes and who sets it?

The warranty period for shoes sold in Belarus, both domestic and imported, must comply with Belarusian standards and (or) technical regulations of the Customs Union and the EAEU for similar goods produced in Belarus.

The warranty period for shoes is at least 30 days from the date of sale through a retail network or the beginning of the season <*>.

The seller cannot establish (announce) a warranty period for the product less than the period established by the manufacturer (supplier, representative) <*>.

For reference, the warranty period for shoes is established by: - ​​the manufacturer (supplier); - the seller - if the manufacturer (supplier) has not established a warranty period <*>. The seller has the right to independently install on shoes: - an additional warranty period in excess of the warranty period provided for by law and (or) technical regulations of the Customs Union, technical regulations of the Eurasian Economic Union and (or) established by the manufacturer (supplier, representative); - warranty period for goods, for which the manufacturer (supplier, representative) has not established a warranty period and the obligation to install which is not provided for by legislation and (or) technical regulations of the Customs Union, technical regulations of the Eurasian Economic Union.

From what date does the warranty period for shoes begin?

As a general rule, the warranty period begins to be calculated from the moment the product is transferred to the consumer <*>. There are exceptions to this rule. Thus, for seasonal shoes, the following dates for calculating the warranty period are established.

The warranty period for seasonal shoes is interrupted with the onset of another season. If you discover deficiencies in seasonal shoes during their use before the onset of the corresponding season, the warranty period will be calculated from the date of use of the shoes, which you declare <*>.

Information about the warranty period of shoes, if established, must be indicated in the documentation attached to the shoes, on packaging, labels in Belarusian and (or) Russian in a clear and legible font. <*>.

For information You can return or exchange quality shoes within 14 days from the date of purchase. The seller has the right to set a longer period. In this case, you can return (exchange) quality shoes within the time limit established by the seller <*>.

What shoe defects are not covered by the warranty?

During the period of use of shoes, as a rule, the warranty does not apply to:

— heel covering material, replaceable fittings, insoles, laces, heels, etc.;

- shoes that have been washed;

— shoes that have gotten wet in the rain or snow, caused by improper use of this type of shoe;

- shoes that have been exposed to acids, alkalis, solvents and other chemicals;

- shoes that have mechanical damage (scratches, punctures, cuts, etc.).

Who and how to make claims regarding shoes during the warranty period

During the warranty period or shelf life of the shoes, you can submit claims regarding their defects to the seller (manufacturer, supplier, representative) <*>. You have the right, at your discretion, to demand from the seller <*>:

- replace it with a product of proper quality;

— reduce its price proportionately;

— immediately eliminate deficiencies free of charge;

— reimburse your expenses for eliminating product defects;

— return the amount of money paid for the goods if you decide to return the goods.

To do this, you need to present the defective product to the seller and write a statement. As a rule, the seller has a sample application for the return of low-quality shoes. If the seller does not have a sample of such an application, draw up an application in any form.

In an application for the return of low-quality shoes, it is advisable to indicate the following data:

— your personal data: full name, passport details, phone number and email address for communication;

— name of the seller;

— information about the fact of purchase: date of purchase, receipt number (if available). The absence of a document confirming the fact of purchase of the goods is not a basis for refusal to satisfy your requirements. To confirm the fact of purchase of goods, witness testimony, elements of consumer packaging that contain marks confirming that the purchase of goods was carried out from this seller, as well as documents and other means of proof indicating the purchase of goods from this seller may be used <*>;

- full description of the purchased item: name, color, size, marking number;

— description of the reason for return, defect;

- demand for a refund or replacement with shoes of proper quality.

For reference In addition to the amount of money paid for the goods, you have the right to demand from the seller (manufacturer) compensation for the difference between the price of the goods established by the contract and the price of the corresponding goods at the time of satisfaction of your claim <*>. In this case, at the request and at the expense of the seller (manufacturer), you must return the goods of inadequate quality to the seller (manufacturer). You can return low-quality goods without consumer packaging (packaging) <*>.

Within what time frame must the seller satisfy the buyer’s justified request for the return (replacement) of shoes?

The seller must satisfy justified demands for the return of money paid for shoes of inadequate quality immediately. The maximum period cannot exceed 7 days , and if an examination is necessary - 14 days <*>.

If your requirements are satisfied, the seller does not have the right to withhold the amount by which the value of the shoes has decreased due to their use, loss of marketability and other similar circumstances.

Important! The seller (manufacturer, supplier, representative) is not responsible for defects in shoes for which the warranty period is established if he proves the following: - the defects arose after the shoes were handed over to the consumer; - the cause of the defect was the consumer’s violation of the rules for using, storing or transporting shoes.

How the seller will check the poor quality of shoes

Inadequate quality of shoes is not always obvious. In this regard, the seller is given the right, when a consumer makes demands regarding the sale of shoes of inadequate quality, to check the quality of such shoes <*>.

If a controversial situation arises, the seller carries out an inspection within the time limits established by law to satisfy the consumer’s requirement. In particular, if you have requested a refund, the seller must conduct an inspection within 7 days.

If a dispute arises about the presence and causes of defects in the goods, the seller is obliged to conduct an independent examination of the quality of the goods at his own expense. You have the right to take part in quality control and examination of the product personally or through your representative. The buyer must notify you in writing about the place and time of the examination.

In addition, you have the right to conduct an examination yourself. You must notify the seller of such a decision.

The examination may establish that there are no defects in the shoes or that they arose after the shoes were handed over to the consumer as a result of his violation of the established rules for the use, storage, and transportation of goods. In this case, you are obliged to reimburse the seller for the costs of the examination. If you do not agree with the conclusions of the examination, you can challenge its conclusion in court.

Important! An act of transfer of goods must be drawn up regarding the transfer of shoes for examination . The form of such an act is established by Appendix 1 to the MART resolution of November 29, 2018 N 85 <*>.

If, after checking the quality of shoes, an examination or eliminating defects free of charge, you do not come to pick up the shoes within two months, the seller (manufacturer, supplier, representative, repair organization) has the right to recover from you losses incurred in connection with the storage of the shoes. In this case, the two-month period begins to be calculated from the day the seller sends you a warning about the collection of losses. The seller will not recover damages if you could not pick up the shoes for a good reason <*>.

Where can you go to protect your rights in the event of a dispute with the seller?

To protect your interests, you can contact:

- to the local executive committee <*>;

— to public consumer associations;

- to court.

For reference, Consumers are exempt from paying state duty for claims related to violation of their rights provided for by the legislation on the protection of consumer rights.

Return if the sole comes off

In 2020, the sole is considered peeled if it has moved away from the top of the skin to a depth of more than 3 mm and a width of 1 cm or more. In this situation, the law allows for a return under warranty. The procedure will be carried out in accordance with the classical scheme. A person will have to prepare the purchased shoes for return and contact the seller. It will be sent for examination. If it is confirmed that the damage was not the fault of the buyer, the store is obliged to exchange the product for a similar one, make free repairs or return the money.

Refusal to satisfy the requirements may become a reason for going to court. Before filing a claim, it is recommended to prepare an evidence base. In 2020, the buyer has the right to independently examine the shoes by contacting a competent organization. The result of the study must be attached with another document confirming the citizen’s correctness. The final decision will depend on the individual characteristics of the current situation.

Can I return it to Kari?

If the product is of high quality

The store is subject to all provisions of the Law of the Russian Federation dated 02/07/1992 N 2300-1 “On the Protection of Consumer Rights”, according to which you can return quality goods for any reason within 14 days, subject to the conditions of Article 25 of this law:

• the shoes have no signs of wear, visible or hidden defects caused by the buyer;
• the presentation of the product is completely preserved, the buyer still has the packaging and sales receipts;
• you did not purchase a defective product at a discount;
• you have evidence that you purchased the product from this store.

If the quality is inadequate

In order to return shoes of inadequate quality to the buyer, you must follow Art. 18 ZoPP. If defects are discovered, the consumer may demand replacement of the product with a similar one , but without defects, a reduction in price in proportion to the detected defect, or reimbursement of funds spent on bringing the product into proper condition.

Also, if none of these options suits the buyer, he can demand a full refund of his funds. In this case, the store in most cases conducts an examination to determine the cause of the defects. The buyer can also participate in it.

Claims may be made during the warranty period. The Kari store sets a period of 90 days.

In accordance with Art. 19 of the GDPR, claims regarding the quality of the goods can be made by the buyer after this period, but within two years. In this case, the buyer must prove that the defects in the goods arose before they were transferred from the seller to the consumer.

If the purchase of shoes was using a card

If payment for the goods was made in cash, the procedure for returning shoes is not complicated. The citizen will have to contact the seller. If the buyer is right and the defect arose due to the fault of the manufacturer, the goods are exchanged or cash is provided.

Paying for shoes by card complicates the procedure. In accordance with the law in 2020, warranty returns in this case are carried out according to the standard scheme. However, in most cases it will not be possible to receive funds in cash. This is because the cash register records how shoes are purchased. Changing the form of payment will cause problems.

Tax legislation prohibits the return of funds from the cash register for goods purchased using a bank card. This will be regarded as misuse of funds. If a tax audit is carried out, the fact of violation of the law will become publicly known. This will result in sanctions being imposed on the store. The organization may be issued a fine of 50,000 rubles.

An additional obstacle is the agreement concluded between the seller and the bank. The document clearly describes the procedure for returning money. Typically, a financial institution prohibits the return of cash from the cash register for shoes purchased with a card. The store is unlikely to violate the requirements.

If the payment was made by card, this will increase the refund period. A person will have to attach 2 checks to the set of required documents. One of them confirms the fact of purchase, and the second confirms the debiting of funds from the card. You must have a means of payment with you. It will be needed to verify the number. If the store agrees to return the funds, they will be credited to the card. In this case, the return period is standard and should not exceed 10 days from the date of application.

However, in practice, the procedure may take a long time. The period can be 3-40 working days. The buyer has the right to contact the store’s accounting department and find out when the application for a refund for the shoes was submitted to the bank. Based on this date, you can calculate when the funds will arrive on the card.

Sample claim for repair/replacement/return of shoes after 2 years

To: _____________________ (name of the legal entity/IP of the seller) ____________________ (OGRN/TIN of the seller) ____________________ (address of the legal entity/IP of the seller) From:_______________________ (Full name of the buyer) _______________________ (address for sending a response) _______________________ (telephone number buyer for contact)

REQUIREMENT for repair/replacement/return of shoes

__.__.20__ between me and _______________________ (indicate the name of the seller) a contract for the purchase and sale of shoes was concluded: _______________________ (indicate the name, size, model and article if available, for example: “men's low shoes Santi Nonna, size 43, article: ABC-123, black). The price of the shoes was ________ rubles, which were paid in full by me.

Select the one you need: (after two years from the date of purchase/during the service life/within 10 years from the date of purchase if the service life is not specified) a significant flaw was discovered in the shoes, namely: _____________________ (specify and describe the discovered flaw in as much detail as possible and its localization).

In accordance with clause 6 of Article 19 of the Law of the Russian Federation “On the Protection of Consumer Rights”, if significant defects in a product are identified, the consumer has the right to present to the manufacturer (an authorized organization or an authorized individual entrepreneur, importer) a demand for the free elimination of such defects if he proves that they have arisen before the goods are transferred to the consumer or for reasons that arose before this moment.

To determine the reasons for the lack of shoes and its significance, I contacted ____________ (indicate the name of the expert institution/full name, qualification of the expert) to conduct an examination.

As a result of the examination, the expert concluded that the defect in the shoes I discovered was a significant manufacturing defect and arose due to: _____________________ (indicate the reason for the defect).

Thus, in accordance with the procedure established by law, I proved that the defect in the shoes I discovered was significant and arose before its transfer/for reasons that arose before that moment.

Based on the above, I demand:

- eliminate defects in shoes free of charge within 20 days from the date of receipt of this request.

- if the specified requirement is not satisfied within twenty days from the date of its presentation or the detected defect in the goods is irreparable, then I demand (select the one you need): replace the shoes with a similar one / return the amount of money paid for the shoes in the amount of ____________ rubles.

List of applications:

- shoes with flaws;

- expert opinion.

_____________ (signature, transcript of signature) date: __.__.20__

Return of shoes 14 days. Shoes don't fit?

If shoes were worn

You can return used shoes to a store under warranty in 2020 if a person is able to prove the presence of a manufacturing defect. For this, an examination needs to be carried out. Usually it is paid by the seller. However, the action can also be performed by the buyer. In this situation, the list of claims can also include a refund for the examination. If the client is proven right, but the seller stubbornly refuses to make a refund under warranty, the person can go to court.

If you cannot prove the presence of a defect, you will not be able to return the purchase to the store. However, it is worth taking individual reasons into account. You can talk to a lawyer and find out if you can make a refund.

Terms and conditions of warranty for shoes and accessories

Kari is confident in the quality of the products they provide. The store's warranty period exceeds that established by current legislation and is 90 days , not counting the day of purchase, for shoes and 30 days for leather goods, accessories and exception goods (sneakers, flip-flops, sandals). According to the law on the protection of consumer rights in accordance with paragraph 1 of Art. 25, the return period for products of good quality is 14 days.

When returning a product of proper quality under warranty, it is necessary to preserve its presentation, receipt and packaging, but if defects are discovered during the warranty period, the product can be returned even if there are signs of wear.

A receipt serves as confirmation that the shoes belong to a specific store. But even if it was lost, if you used your buyer card during the purchase, the store can restore information about the purchase of the product.

The absence of a receipt is not a basis for refusing to accept the goods.

In this case, the buyer may refer to witness testimony. This provision is also spelled out in paragraph 1 of Art. 25 of the Law of the Russian Federation No. 2300-1 “On the Protection of Consumer Rights” and in paragraph 5 of Article 18 of the same law.

The period defined by law as a warranty period, in accordance with clause 1 of Art. 19 The PSA is two years , and for shoes it begins to flow in accordance with paragraph 2 of this article not from the moment of purchase, but from the onset of the corresponding season.

For example, if you bought winter boots on April 20, the warranty period will begin to count from December 1 (or another date if the subject of the Russian Federation sets the start of the season in accordance with climatic conditions in a different time frame).

The same rules apply to goods purchased from online stores. The period for returning goods of proper quality begins not from the moment of purchase, but from the moment of receipt of the purchase. You can return the product to any retail store, or send it by Russian Post to the returns department, information about which you can find in your personal account on the online store website.

Uncomfortable shoes, wrong size, poor quality

Within two weeks you can return purchased shoes without presenting a receipt. You just need to confirm that you bought it in this store.

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Even the packaging is enough if it can be used to establish that the product belongs to this particular seller.

If this option does not work, then you can always refer to the testimony of a witness. Anyone who accompanies you when you make a purchase can become such a witness.

Warranty periods for various types of shoes (2019)

How long is the guarantee for shoes legally given for the opportunity to hand over new clothes? It all depends on various factors. Let's look at examples of the warranty period for various footwear products established by GOST:

• artificial leather or synthetic shoes for daily wear – 30-80 days;
• sports shoes – 60 days;
• model – 60-90 days;
• shoes for children – 30 days;
• for home and travel – 30-35 days.

Items purchased at an end-of-season sale are also covered by the warranty period, but it starts not from the day the purchase was made, but from the beginning of the season for which the selected type of shoe is intended. The onset of the next season is determined in each country separately, taking into account its climatic characteristics.

If we take, for example, the European part of the Russian Federation, then it is characterized by calendar periodization of the following type:

• winter – 01.11-01.03;
• spring – 01.03-01.05;
• summer – 01.05-01.09;
• autumn – 01.09-01.11.

We must not forget that the time frame for filing a claim is established not only for the product itself, but also for its individual components: snakes, buckles, fasteners, various decorative elements and other accessories.

Also, the terms under consideration are related to the materials used in sewing. Thus, the standards establish the following guarantee minimums:

• products made of leather – 50 days;
• sewn from leather-like rubber – 70 days;
• shoes with rubber or plastic soles – 80 days.

High-quality shoes usually contain an insert that indicates the warranty period. If not, such information can usually be found on the bulletin board that each store has.

Warranty periods according to GOSTs

Many citizens have a question about how long the warranty for summer shoes lasts under the consumer protection law. These deadlines are not established in the law itself; they can be found in the following GOSTs:

• GOST 26167:2009 for casual leather shoes made of artificial materials establishes a warranty period ranging from 30 to 80 days, depending on the type of product;
• GOST 19116 establishes a warranty period for dress shoes from 60 to 90 days;
• GOST 2063-92 for sports shoes - 60 days;
• GOST 26165:2009 for children's shoes - 30 days;
• GOST 1135-88 for indoor and road shoes - 30-35 days.

The warranty period cannot be less than 30 days for any shoes. Another pressing question is what is the warranty period for winter shoes and at what point does it begin to expire, because the product can also be bought at seasonal sales.

Return within 14 days from the date of purchase

It may happen that the purchased shoes for some reason did not suit you, for example, you were simply not satisfied with the size or color, you can exchange them within 14 days.

Exchange and return of goods without explanation is possible provided that the shoes have no signs of wear and are fully preserved in their presentation (Article 25 of the Law on the Protection of Consumer Rights). The box and labels must not be damaged. You are required to have a receipt and proof of your identity.

If you come to the store to exchange an item, but the shoes you need are currently out of stock, then you should get your money back.

Is it possible to return if the warranty period has expired?

It is possible to return the product or return it for free repair even after the warranty expires.

If you discover a defect after the end of the warranty period, but within two years and you can prove that it is a manufacturing defect, you have the right to file a claim with the seller or manufacturer (clause 5, article 19 of the OZPP).

True, in this case you will have to carry out an examination at your own expense and prove the manufacturer’s guilt yourself. If the examination proves that you are right, then the seller will be obliged not only to return your money for a low-quality product, but also to pay for the examination (clause 1, Article 18 of the OZPP).

How long is the warranty period for footwear products?

According to paragraphs 6-7 of Article 5 of the PZPP, the manufacturer has the right to establish a warranty for the product (that is, the period during which the buyer can contact the manufacturer or seller with demands for a replacement or return).

If the manufacturer has not exercised this right, the seller can establish a warranty. There are also specialized state standards for shoes depending on their type and materials. Read more about these standards below.

In accordance with paragraph 1 of Article 10 of the PZPP, the manufacturer or seller is obliged to provide the consumer with information about the product in a timely manner.

Paragraph 2 of this article states that the warranty period, if available, is mandatory.

According to paragraph 3, the guarantee can be recorded:

• in the form of technical documentation;
• on the label;
• using markings;
• in a different way.

Paragraph 2 of paragraph 1 of Article 19 establishes that in the absence of a warranty period, the buyer can contact the manufacturer/seller within two years from the date of receipt of the product.

Table according to GOST

Differences by season

As mentioned above, the warranty period for shoes is calculated from the beginning of a specific season. The onset of this season depends on climatic conditions and is set by the authorized body of the constituent entity of Russia in which the buyer lives.

For example, the Law of St. Petersburg dated 06.06.1997 No. 97-28 “On establishing the dates for the onset of seasons in the territory of St. Petersburg” provides the following seasonal dates for the city:

• winter – from December 5;
• spring – from March 17;
• summer – from June 2;
• autumn – from September 12.

For the Leningrad Region, according to Decree of the Government of the Leningrad Region dated December 19, 2008 No. 405, the deadlines have been slightly changed:

• winter – from December 8;
• spring - from April 6;
• summer - from May 31;
• autumn – from September 12.

Decree of the Moscow Government dated July 16, 2013 No. 466-PP sets completely different deadlines for:

• winter – from November 1;
• spring - from March 1;
• summer – from May 1;
• autumn – from September 1.

For the region, the deadlines are the same, but they were established by Decree of the Government of the Moscow Region dated October 2, 2006 No. 932/38.

Warranty and non-warranty cases

After purchase, the shoe warranty can be used for a refund in the following cases:

• a crack appeared on the sole;
• there is a paint defect;
• the threads have come loose or broken;
• the curvature of the seams is visible.

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Sometimes it is possible to exchange a product for another product or get it repaired, even if the warranty period has already expired. This can really be implemented when there has been a manufacturing defect, which can be proven through an examination within 2 years after the transaction is completed.

Non-warranty cases include situations where the defect arose due to the fault of the buyer. This includes burns, cuts, restraints of goods, and the consequences of its natural wear and tear. The warranty does not cover improper handling of the product or its improper use, for example, if you wear autumn or summer shoes in winter.

Summer and autumn shoes usually contain fewer complaints than winter ones. This is directly related to cold weather, and therefore there are more demands on boots and boots than on shoes and sandals.

Procedure for returning shoes during the warranty period

Contact the store with a written complaint during the warranty period or within a reasonable time after discovering a defect (no later than 2 years from the date of purchase). Be sure to include in the text your contact information and full name, the name of the seller and the reason for returning the shoes.

The claim must be supplemented by all the documents you have for the product (branded box, instructions for use, payment papers, warranty card, etc.).

The absence of the listed documents and packaging is not a basis for refusal to return shoes. You have the right to confirm the fact of the purchase with the help of witness testimony.

If the store refuses to satisfy your legal demands, contact the court with a claim and/or Rospotrebnadzor with a corresponding complaint.

Expertise

An examination to determine the cause and time of the defect is carried out at the request of the consumer. Provided that the seller has already checked the quality of the goods and its results did not satisfy the buyer.

If the quality examination shows that the fault for the defects lies with the manufacturer, then paying the costs of its implementation is the responsibility of the seller.

These may be violations:

• state standards;
• production technologies;
• technical conditions.

If the examination reveals that the buyer is to blame for the damage, then warranty obligations do not apply.

In addition, the buyer will be required to reimburse the costs incurred by the seller for transportation, storage of goods and examination.

These are damages caused by:

1. Wrong wear.
2. Violation of storage conditions.
3. Mechanical impact.
4. Deformation as a result of improper drying or chemical exposure.

After the warranty period established by the manufacturer expires, the buyer must order and pay for the examination.

Return

The option that most consumers choose. The shoes are returned to the store and the money is returned to the buyer.

For this you will need:

• Buyer's passport details. Required for tax processing of returning goods;
• application for refund;
• hand over the shoes according to the acceptance certificate with a description of the appearance and all existing defects (scuffs, scratches, as well as their size and location);
• proof of payment (receipt, witness statements, stickers and price tags on the packaging with the seller’s data).

The store must return the full purchase price within 10 days.

Repair

In accordance with the PLA, the Buyer has the right to demand that defects in the product be eliminated free of charge.

There are two options for exercising the right to repair:

1. The seller will correct any defects in the shoes.
2. The buyer corrects the defects, and the store reimburses the costs of repairs.

Claims to quality will not be accepted if the buyer repaired the shoes without agreement with the seller. The exception is replacing heels.

The general warranty period for the product is suspended during repairs.

Exchange

The buyer has the right to exchange shoes of inadequate quality for similar products, if such goods are available in stock.

You can replace it with a new pair of shoes:

• the same manufacturer and model;
• for the same product of a different model;

The exchange must be made within a week from the date of filing the claim. If an examination is ordered, this period can be increased to 20 days.

Claim

If the seller refuses to comply with the buyer’s legal requirements, an official complaint is drawn up in writing (both handwritten and printed versions are allowed).

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This is also important to know:
What is the warranty period for repair and construction work by law?

General claim requirements:

1. The exact name of the seller’s company and the address of its location.
2. Buyer's personal information.
3. Main characteristics of the purchased product.
4. Product cost.
5. Description of existing defects.
6. Buyer's requirements and deadline for their fulfillment (with references to legislative norms).

In the presence of a witness, one copy is handed over to the seller’s representative, the other remains with the buyer. If the claim is refused to be accepted, it is sent to the address of the seller’s company by registered mail with acknowledgment of receipt.

A complaint left on company letterhead is not a formal complaint.

How to protect your rights after the warranty period for a product has expired? Is it possible to return shoes to the seller if the receipt has not been saved? Is it worth conducting an examination of budget shoes? MLYN correspondent has these questions. BY turned to the deputy chairman of the board of the public association “City Society for Consumer Protection” in Minsk, Darina Gulyut.
"Guarantee - 30 days." We usually receive this information when purchasing shoes. And what a disappointment it is when your favorite boots, having passed the warranty period, “break down” after a few months! At the same time, not every buyer knows that the right to make claims regarding the quality of the goods is not up to 30 days allotted by the store, but within two years.

“The Law “On the Protection of Consumer Rights” states that the buyer has the right to make claims regarding the quality of the product during the warranty period,” explains Darina Valerievna. “However, if a store limits this period to, for example, 30 days, this does not mean that after a month it is impossible to return defective shoes. If manufacturing defects are discovered, the consumer has the right to file a claim within two years.

The difference is that until the warranty period has expired, the buyer contacts the store directly. The store checks the quality of shoes, and, if necessary, carries out an examination. During the post-warranty period, the responsibility to prove that the product contains a manufacturing defect falls on the buyer.

— Darina Valerievna, is it necessary for the buyer to order an examination?

- Not necessary. Let's say there is a merchandiser in a store who can make a decision in favor of the buyer when damage as a result of a manufacturing defect is obvious. If the specialist is in doubt, he will send the buyer to do an examination.

— Sometimes buyers express the following concern: “Shoes are cheaper than expertise. What if everything is in vain, and the decision is not made in my favor?” Does this happen often?

— Indeed, sometimes the cost of shoes is cheaper than the examination. But buyers should not give up! We have tried to make the examination more accessible. During a free consultation, a specialist will examine the shoes. If he sees that the defects are of an operational nature (that is, they appeared due to the fault of the consumer), he informs the person about this. Then there is no point in making a conclusion, since this will introduce additional costs to the buyer.

If during the consultation it is discovered that a manufacturing defect is to blame, the expert explains to the buyer that he can insist on an examination. All costs for it, along with the cost of the shoes, are then reimbursed by the seller.

In addition, we always tell our customers that purchasing a product of inadequate quality is a reason to file a claim for payment of monetary compensation for moral damages, since their right to a quality product has been violated.

— The buyer can make claims within two years. Does this apply to shoes from foreign manufacturers?

— Any shoes that are sold on the territory of the Republic of Belarus are subject to this rule. Regardless of cost, material of manufacture or country of origin.

— Does the two-year period apply to discounted or discounted shoes?

- Certainly! If shoes have been discounted due to a specific defect, this does not deprive the buyer of the right to inform the seller about another defect that was discovered during wear. According to the general rules, he contacts the seller or makes an independent examination.

— If there is no receipt or packaging, is there a chance to return low-quality shoes?

— In accordance with the Law “On the Protection of Consumer Rights,” the absence of a receipt does not deprive the buyer of this right. However, he will have to prove to the seller that the shoes were purchased in this store. Proof can be, for example, a box or a bank statement if payment was made by credit card. If none of this is available, witness testimony is used. In this case, when contacting the seller, it is necessary to indicate under what circumstances the buyer purchased the goods: on what day, approximate time, what witnesses he has.

— If the shoes constantly rub, can this be considered a defect and the money returned?

- This could be a manufacturing defect: a design flaw, additional seams. The occurrence of discomfort when wearing shoes is often associated with the physiological characteristics of a particular person. To find out the reason, you will need the help of an expert.

— What advice can you give to buyers?

— No one is immune from purchasing low-quality goods. Moreover, many defects cannot be detected in the store; they appear only during wear. This is why you should be sure to keep the box and receipt.

Remember that you have the right to return the shoes within 14 days if they do not suit you or you no longer like them. Provided it wasn't worn.

According to the law, the box contains information in Russian about the manufacturer, supplier, seller, and also indicates the material from which the shoes are made. The absence of this information or a description in another language is grounds for termination of the contract.

Don’t be afraid to contact public associations for help and advice. Protect your rights!

The most common manufacturing defects in shoes

• Tears, cracks, skin peeling;
• Tearing, breaking or delamination of the sole, peeling and tearing of heels;
• The presence of crooked seams, excessive abrasion and tearing of the lining;
• Different shades of soles and leather color of product parts;
• Instability and soiling of the dye of the leather upper or lining;
• Product lining folds;
• Wrinkling or folding of the upper leather.

Svetlana Nagorskaya

What can you expect when returning shoes under warranty?

When returning low-quality shoes, the buyer has the right to demand:

• free repair of the product or compensation for losses, if agreed in advance. In cases where self-repair is carried out, the warranty ceases to apply;
• discount if defects do not interfere with wearing shoes;
• full refund;
• exchange of goods for another with additional payment or partial refund;
• exchange for a similar pair of shoes, but of proper quality.

The replacement of the product must be carried out within a week, and the refund must be made no later than 10 days from the date of filing the claim (Law on the Protection of Consumer Rights, Article 22).

Legislative framework

The legal norms governing the purchase of shoes are contained in the Civil Code of the Russian Federation (Part 2, paragraphs 1-2 of Chapter 30 “Purchase and Sale”) and the Law of the Russian Federation dated 02/07/1992 No. 2300-1 “On the Protection of Consumer Rights” (hereinafter referred to as the Law of the Russian Federation) . There are a number of state standards establishing warranty periods for shoes.

According to Articles 18-19 of the Law of the Russian Federation, as well as paragraph 12 of the “Rules for the exchange of shoes of domestic production and imported ones, purchased in state and cooperative trade stores,” approved by order of the Ministry of Trade of the RSFSR No. 190 on June 4, 1980 (hereinafter referred to as the Rules), the product cannot be replaced or returned when:

• absence of defects;
• loss of presentation;
• acts of force majeure (weather, fire, etc.);
• improper use of the product;
• whether the consumer is at fault for the occurrence of defects;
• carrying out repairs by the buyer, except for repairs that did not result in defects;
• purchasing a discounted product.

How to defend your rights

The first thing you need to do is demonstrate knowledge of your rights and laws.

Returning defective shoes is not a unique situation.

Store employees have probably encountered this situation more than once, and are well aware that if the buyer persists and the case goes to court, then in addition to compensation for losses, the administration will have to pay a fine.

We recommend referring to Article 18 of the Consumer Rights Protection Law, which clearly states what rights the consumer has when returning goods.

If this does not help, contact the consumer protection society. There they will advise you, provide legal support and help you develop a plan for further action.

Don't be afraid to file a lawsuit.

If the warranty period for the shoes has not expired, then the examination of the shoes is always carried out at the expense of the seller and you will not have to pay for it.

Center for Hygiene and Epidemiology in the Moscow Region

The warranty period is established by the seller or manufacturer of shoes and, based on paragraph 1 of Article 19 of the “Law on the Protection of Consumer Rights,” the consumer has the right to make claims regarding the quality of the product within the warranty period established for the product (footwear).

It happens that when buying shoes, sellers do not provide a warranty card and do not say anything about the guarantee. Based on the same Article 19 of the “Law on the Protection of Consumer Rights”, if a product does not have a warranty period, then the consumer has the right to make claims regarding the quality of the product to the seller within 2 years from the date of transfer of the product to the consumer.

The warranty period is calculated from the moment the goods are transferred to the consumer; if the day of delivery of the goods to the consumer cannot be determined, the warranty period is calculated from the moment the goods are manufactured.

But shoes have a completely different situation, because shoes are a seasonal product, and Article 19 tells us the following: the shelf life for seasonal goods begins to run from the onset of the corresponding season, which are calculated in accordance with the climatic conditions of the constituent entities of the Russian Federation, because in each constituent entity of the Russian Federation the onset of of the corresponding season is determined by a legal act issued by the Governor of the relevant subject.

The Government of the Moscow Region, by Resolution No. 932/38 of October 2, 2006 “On determining the dates of the onset of the season used to calculate the warranty periods and service life of seasonal goods in the Moscow Region,” established the following start dates for the seasons:

November 1 - winter season; March 1 - spring season; May 1 - summer season; September 1 - autumn season.

Therefore, for example, winter in the Moscow region begins, according to documents, on November 1, and ends on March 1.

If you bought winter boots on October 1, winter in our region according to documents begins on November 1, the warranty that the seller gave you for the boots is 30 days and the warranty on winter boots ends not on October 30, but on December 1.

Shoes are a seasonal product and their expiration date begins only after the start of the corresponding season.

The warranty period is set not by the seller, but by the manufacturer, and the seller may well shorten the warranty, so we buy shoes and go to the manufacturer’s website, since their website must contain information about a specific shoe model, including the warranty period, if the seller has lowered the period warranty established by the manufacturer, then in such a situation the warranty period established by the manufacturer applies, and if the seller has established a warranty period greater than that of the manufacturer, then the warranty period established by the manufacturer still applies.

According to clause 8.2 of GOST 26167-2005 “Interstate standard. Casual shoes. General technical conditions”, the warranty period for wearing shoes is at least 30 days from the date of sale through the retail network or the beginning of the season.

You should understand the difference between casual shoes and specialized ones; casual shoes include sneakers, shoes, boots, that is, casual shoes are the shoes that you wear every day in everyday life. Orthopedic shoes prescribed for wearing by a doctor, shoes for work (special footwear) are not considered everyday shoes; this category also includes ski boots, shoes intended for mountaineering, rubber boots, that is, those shoes that are not intended for daily use are not considered everyday. and GOST 26167-2005 is not applicable to it.

Let's take an abstract region in which winter, according to documents, begins on November 1, you bought winter boots on November 5, since winter has already begun, then the warranty on the boots will start exactly from the date of purchase, that is, in our case, November 5. And if in this case you bought boots on October 15, then the warranty period would begin on November 1, since winter in our case begins precisely from this date.

The buyer has the right to contact the store or the manufacturer with a claim if he has discovered a defect in the product. This can be done not only before the end of the warranty, but also after that for two years.

What is included in the guarantee? The most important part of a shoe is the material from which it is made. The rest relates to fittings.

These can be heels, fasteners, decorations, buckles. The seller may tell the buyer that the deadline does not apply to components. But this is not true.

The warranty applies to all shoes. In some cases, it can be separately installed on the fittings. If this is not the case, then it affects all shoes.

Returns: Sometimes it happens that winter boots do not fit. Or maybe you just didn’t like the color or other characteristics. In this case, the return of winter shoes by law can only be made within 14 days from the date of purchase of the goods.

However, the reasons for this should not be explained if the product has not been worn and is in marketable condition. This is stated in Article 25 of the Law “On Protection of Consumer Rights”. The product must have a box and tags.

Useful tips when buying shoes

It is better to purchase shoes in a company store rather than in the market.

In order not to waste a lot of nerves and effort trying to return a low-quality product, it is better to immediately approach the purchase seriously.

It is worth purchasing shoes from a reliable company store. There are several reasons for this:

• the store always gives an official guarantee for the product;
• the fact of purchase will be confirmed by a receipt;
• shoes in such stores are usually of high quality, so you are unlikely to have to return them.

The cost of such a product will be high, which is normal for any quality item.

Markets and thrift stores are not the best places to buy shoes, since items purchased there are very difficult to return. Therefore, it is imperative to demand a receipt from the seller and refuse the purchase if this requirement is not met.

It is necessary to carry out an examination of the product only if you are completely sure that problems with the shoes arose due to the fault of the manufacturer. If it turns out that this was due to improper wearing or storage, the buyer will be required to fully reimburse the costs of the examination.

The warranty period for shoes has some features compared to other products. How long you wear your shoes depends on the materials used to make them. In any case, within the period established by law, the buyer has the right to exchange, return or return the defective item for repair.

How to return shoes

First, let's define what we mean by inadequate quality.

A product of inadequate quality is a product that has a defect or defect not specified by the seller, as well as a product whose properties differ from the description.

Example: you bought leather shoes. A month after the purchase, we discovered that the shoes were not made of leather, but eco-leather. This is an example of the sale of shoes of inadequate quality, since the material of the product does not correspond to that specified in the specification.

How to return shoes of inadequate quality:

1. Find the receipt, warranty card and box. If they are not there, the return may be delayed, but they have no right to refuse you.
2. Wash your shoes.
3. Write the claim in duplicate and take it along with the shoes to the store. You leave one copy to the seller, the second must be signed by either the seller or the manager.
4. Leave your contact information to find out about the result of the examination and the store’s decision.

In principle, nothing complicated. As a rule, stores accommodate the buyer halfway, returning shoes of poor quality without any problems.

If a pair is purchased out of season, the guarantee begins to apply from the beginning of the season. Thus, if a defect is detected, winter boots purchased in May can be returned from November 1st.

Were you lucky enough to wear expensive leather boots for two months, and then they broke? Even if the warranty period has long passed, you have the right to return shoes of inadequate quality.

But in this case it is better to proceed according to a different scheme:

1. Conduct an examination. This is a paid service, but the cost can be reimbursed later.
2. If the shoes are damaged due to a manufacturing defect, file a claim and take the pair to the store.
3. Along with your claim, include the results of the examination, receipts, checks and other documentation confirming the purchase.

Stores and shoe chains rarely take the matter to court, but even if you have to go to court with a low-quality pair, you can also recover moral damages from the store.

By the way, if neither the manufacturer nor the store indicated a warranty period for the shoes, the law gives you the right to make claims against the pair within 2 years!

Arbitrage practice

If such a measure as filing a claim does not produce the desired results, protection of consumer rights can be carried out in court. Judicial practice in this category of cases is very extensive. The main thing is to have evidence. Then a positive decision is guaranteed to the buyer. It is extremely undesirable for sellers to bring the situation to trial, since if the claim is satisfied, the administration will have to not only compensate for the losses incurred by the consumer, but also pay a fine.