Shoe examination, who needs it and why, stages, payment, conclusion

Legislation

There are a number of laws regulating relationships in the field of trade.

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When is expertise required?

Often in our lives a situation arises when it is necessary to carry out an examination of new shoes, because after a short period of wear the question arises - is the quality of this product adequate or does it completely not correspond to the properties specified by the seller. The question arises - what to do in this case? What is the consumer's right to if defects are discovered? And how are footwear examinations carried out in general?

replace the defective product with a product of the same brand, model;
replace the product with an identical one, but of a different brand or model;
reduce the price of a product with a commensurate reduction in price;
free elimination of defects or defects of goods on the spot;
payment of costs associated with eliminating deficiencies through third parties;
demand the return of the amount paid;
refuse to enter into a purchase and sale agreement;
compensation for full losses that arose in connection with the purchase of shoes of inadequate quality.

It is important that, in turn, the seller may demand that the defective product be returned to the store.

Provided that the seller refuses to fulfill the consumer’s legal requirements, an independent examination of the shoes themselves is appointed, and based on the results of this kind of analysis, a decision is made in favor of one of the parties to the dispute.

An important aspect is that the consumer has the right to choose an independent expert based on his own preferences, this is due to the fact that a shoe store can involve an interested party in the examination, then the objectivity will be zero.

Experts give the following recommendation to consumers - to carry out an examination of low-quality shoes as soon as possible after discovering deficiencies. It is best to do this with an independent expert; such an expert assessment will cost a lot, however, customer reviews rate it as the best!

What shoes are considered to be of poor quality?

The law defines a product of inadequate quality as having defects that the person did not know about at the time of purchase (Article 475 of the Civil Code of the Russian Federation). They can be either irremovable, or require significant investment of time and money to eliminate, or are repeated many times.

For example, a consumer purchased a pair of leather autumn boots, but after a couple of days of wearing them, the soles peeled off. Such shoes are classified as a product of inadequate quality, since they have hidden, irreparable or difficult to eliminate defects that prevent them from being used for their intended purpose.

Important : if after purchasing shoes the consumer decides that the color, material or style does not suit him, he cannot return the money or exchange the purchase as a defective product.

Possible shoe defects

It is not always possible to recognize defects in shoes. Usually the buyer does not pay much attention to details. The main thing is that the shoes fit well and are comfortable to wear. And only after it is brought home, obvious violations made by the manufacturer in pursuit of cheapness are revealed.

Sole cut

The appearance of this defect may occur due to the impact of some foreign object on the sole, for example during transportation from a warehouse to a store.

Contamination of the upper material with glue

This is a common defect in production that cannot be eliminated later.

Impact of decorative chains on shoe leather

Such products may scratch the leather surface, resulting in an unsightly appearance.

Skipping glue lines

This may cause the sole to move away from the top of the shoe or the side seams to separate.

Crack in the sole

The appearance of cracks in the material and sole of the product is considered a serious defect.

Destruction of the upper material

Such defects can appear at the time of cutting the leather, or as a result of the use of organic solvents, which are used to soften granite backs and toes.

What is it like?

If, after acquisition, the buyer discovers the presence of hidden defects, he can initiate a merchandising examination.

How can it help

For example, women's sandals from ECCO were purchased. After a couple of days of wearing, the person returned to the store and stated that the item was defective, since the strap of one of the sandals had come off. The seller refuses to return the money or change the product, claiming that the buyer himself damaged the shoes. In this case, you cannot do without an examination.

It is designed to protect the interests of both the consumer and the seller of the disputed item. During the merchandising examination, it is determined whether the identified defect is a manufacturing defect or arose as a result of improper use of the product or intentional actions of the buyer.

In addition, the study assesses the product’s compliance with the provisions of a number of GOSTs containing requirements for certain types of footwear (examples: children’s, sports, etc.).

Who is hosting it?

To conduct a study of purchased shoes, you must contact an expert organization. It can be either public or private. This will not affect the legal status of the expert opinion received.

You can also contact the Chamber of Commerce and Industry. This organization operates throughout Russia and has branches in all regional centers and federal cities. As a rule, the staff of the Chamber of Commerce and Industry includes experts with a wide range of specializations.

Having decided where exactly the research will take place, you should clarify the qualifications of the expert. The legislator defines a specialist as a person who has the necessary knowledge to answer the question posed. The following may serve as confirmation of expert status:

diploma indicating receipt of specialized education;
documents confirming work experience as an expert;
other papers proving the presence of special knowledge (advanced training, certificates, certificates of additional training, etc.).

Deadlines

The time for commodity examination is not regulated by law and depends on the complexity of the research and the busyness of the specialist. On average it varies from one working day to several weeks. The expert will be able to say exactly how long it will take after reviewing the questions posed.

Is it possible to observe

If the buyer wishes to be personally present during the examination, he is given this right (Article 18 of the Law “On Protection of Consumer Rights”). In accordance with this article, the initiator can monitor the progress of the study, and if he disagrees with the expert’s conclusion, he can challenge it in court.

How much does it cost and who pays

The price of the research directly depends on the complexity. All expenses are borne by the person who initiated it. However, if the expert determines that the shoes presented for research have a manufacturing defect, the victim has the right to demand compensation from the seller for the costs of conducting the research, as well as the costs associated with transporting and storing the item.

If the store refuses to voluntarily pay the costs incurred, they may be recovered in court.

What is needed for the examination

Having chosen an organization, the buyer must conclude an agreement with it for the provision of services, submit an application for an examination and provide the disputed goods.

For example, a person bought a pair of rubber boots. During use, it turned out that they leak water. Assuming that the boots were made of low-quality rubber, he contacted an expert organization, filled out the necessary documents, and submitted the shoes for examination.

Important : shoes provided for inspection must be clean and packed in the box in which they were sold. If the buyer still has a cash receipt or other document confirming the purchase of the disputed goods, it is also transferred to the expert institution.

The following manufacturing defects may serve as grounds for conducting a commodity examination:

damaged lining materials;
the top of the shoe is stained with glue;
shoes damaged by a decorative element;
the adhesive seam has come apart;
the sole is cracked or burst;
the upper material burst;
peeling or separation of the sole;
painting socks or feet with shoe paint;
getting wet (for rubber boots)

All of the above flaws provide for a unified procedure for contacting an expert organization.

ABOUT INDEPENDENT EXAMINATION OF FOOTWEAR

Shoe examination is a special study of the quality of shoes, which is mainly carried out to determine the presence of any defects in shoes and the reasons for their occurrence.

Independent studies of shoe quality are carried out by qualified accredited experts who have appropriate professional education, theoretical knowledge and practical experience in determining the quality of shoes.

Requirements for the quality of footwear are increasing every year; new materials are used to produce footwear, designs are changing, and new technologies and standards are being introduced.

Examination of the quality of footwear is carried out by organoleptic and measuring methods, using measuring instruments (scale tape, ruler, calipers, thickness gauge, stopometer, etc.), as well as a magnifying glass or microscope. If necessary, the quality of footwear is checked according to physical, mechanical and chemical indicators in laboratory conditions using the latest operational methods for assessing the quality of consumer properties of footwear.

The examination of shoes will help to establish the fact of compliance or non-compliance of the quality of shoes with GOSTs or other standards and technical conditions, samples of goods and their duplicates, in addition, during the examination of shoes, acceptable and unacceptable deviations in the value of shoe quality indicators can be identified.

Complaint/Application Process

Having decided where to apply and having approved the candidacy of an expert, you should properly prepare all the documents necessary for the study.

Choosing an organization

The company conducting the examination offers the client who contacts it to enter into an agreement for the provision of services. This is an important document that should not be neglected under any circumstances. The contract stipulates the cost and timing of the research, and may also list questions that the expert will answer.

Documentation

The application for a commodity examination indicates the date of preparation, last name, first name, patronymic, passport data, as well as the address of the applicant, describes the identified defect in the product and provides questions posed to the expert.

How is it carried out?

The verification itself contains a number of mandatory steps, but its methodology directly depends on the questions asked. First of all, the presented product is inspected, and the sample being studied is often photographed at the same time. After this, the expert conducts a study that allows him to draw a conclusion about the presence or absence of a defect and answer the questions posed.

Manipulations with an item can be recorded using photo and video equipment.

Without actually examining the product, no conclusion can be made about its quality. And only then an expert opinion is created.

It should contain the following information:

start and end dates of the study;
place and basis of the event;
information about the customer;
information about the expert indicating his qualifications;
description of the product under study (quantity, characteristic features);
questions posed to the expert;
methodological basis;
list of tools and technical means used;
a detailed answer to each of the questions posed;
list of applications (if available).

At the end of the conclusion there must be the expert’s signature and its transcript. The completed conclusion can be delivered to the applicant personally or sent by mail to the address specified in the agreement/application. If photography or video recording was carried out during the study, the materials are compiled in the form of separate attachments.

What to do after

If during a commodity examination it is determined that the shoes submitted for examination have a manufacturing defect, the buyer has the right to demand that the seller exchange the low-quality product for a similar one or return the money.

This process is regulated by Article 18 of the Law “On Protection of Consumer Rights”. In this case, a claim is drawn up in the name of the seller, which describes the identified defect and also states the desired requirement. A copy of the sales receipt and an expert opinion is attached to the claim.

How to get your money back

You can duplicate your claim in the “Book of Reviews and Suggestions,” which store employees are required to provide upon the buyer’s first request.

If the seller left the complaint unanswered or refused to satisfy the stated requirements, further proceedings take place in court.

To confirm the facts reflected in the conclusion, the court may order an independent forensic examination.

Terms for returning shoes to the store

Within 14 days, the buyer can return UNWORN shoes to the store without any problems. The remaining cases are controversial and are subject to examination. If the warranty check states a period of 14 to 150 days, this means that the seller has taken the trouble to pay for the examination in case of a return within this period.

The manufacturer's warranty is 2 years. Therefore, after the specified 14-150 days, all examinations are carried out at the buyer’s expense. If the examination shows that the shoes failed due to defects outside the store warranty, but while maintaining the manufacturer’s warranty, then the store will again pay the cost of the shoes and the examination.