Subtleties of returning purchases. Is it possible to return an item without a tag, but with a receipt?

Home / Complaints, courts, consumer rights / Consumer rights

Back

Published: September 14, 2018

Reading time: 6 min

0

226

Sometimes, after purchasing a product, the buyer is faced with the fact that the item does not like it, does not fit in size, does not correspond to the declared quality, or has manufacturing defects. In this situation, the goods can be returned to the store, however, with some reservations.

• How can I return an item to the store?
• With tags but no receipt
• With receipt, but without tags

If the product is of appropriate quality, but does not fit in size, color, or style, then you can return it within 14 days, and in the case of an online purchase - within 7 days. At the same time, the presentation must be preserved, all tags and labels of the manufacturer must be preserved, and there must be no traces of use. You must also have a sales or cash receipt or other document confirming payment. However, the Law “On Protection of Consumer Rights” states that in the absence of a receipt, you can refer to witness testimony. The buyer can exchange the product for a similar one or return the money for it if there is no possibility of replacement.

Is it possible to return it legally?

All relationships between the seller and the buyer, where the buyer is a consumer, are controlled by the law “On the Protection of Consumer Rights,” which stipulates all possible instructions regarding the interaction between the client and the seller.
According to the RF PZPP, the return conditions applicable to goods can be conditionally divided into several subgroups, depending on the quality of the product and the timing. The easiest way to return an item is within 14 days from the date of purchase. Wardrobe items and shoes can be returned during this period, provided that the product does not suit you in color, size or for other personal reasons. This is stipulated in Article 18 of the Law “On Protection of Consumer Rights”.

It is worth understanding that after 14 days you can return the item to the store only if the quality of the product is found to be inadequate. A product such as clothing or shoes may have complaints regarding the quality of workmanship, for example, if there are uneven seams and similar defects. Sometimes the consumer has to confirm inadequate quality through an independent examination, the results of which can be used to judge the quality of the product.

Unfortunately, it is impossible to return an item without tags, but with a receipt, of proper quality to the store. If you have already cut off the labels and tags, then you can return the goods if the quality of the products does not meet the standards. This is due to the fact that the original appearance of the product has changed, and according to the terms of return within 14 days, all packaging, labels and tags must be preserved. A receipt for the purchase will not be required if it is possible to confirm the fact of purchase with testimony.

Quality jeans

In this case, one should be guided by Article 25 of the Law on the Protection of Consumer Rights. Under the terms of this article, the buyer has the right to bring purchased jeans back to the store within only two weeks - if they do not have any defects.

Why do you want to return something that at first seemed so attractive and necessary? Purchases are often made spontaneously; a fashionable model or a discounted price can tempt you. In addition, in a store fitting room it is not always possible to carefully evaluate a new item.

And the law allows you, after some time, to take back pants that still don’t fit, or that you don’t like because of the fit on your figure. It is possible to return jeans, but you must comply with the following return conditions:

1. Jeans must be in their original presentation . All tags, tags, and labels must remain in place. A cut off label is a real basis for refusing to accept the product back into the store; the seller will indicate a change in presentation.
2. The product must not show signs of wear . This requirement should be taken very carefully. Even re-trying can stretch the fabric a little, so you should be very careful with clothes that may be sent back to the store. It will not be possible to restore the original appearance by washing or ironing - such actions will only worsen the situation.
3. You should have a payment document (check, receipt) on hand to pay for the purchase . If such a document is accidentally lost, you can bring a person who will attest in writing to the fact of purchase.

Are all conditions met? In this case, you need to carefully pack your pants in their packaging, take your receipt, a pen for writing an application, and go to a retail establishment. It is important not to miss the deadline - the end of the second week after purchase.

The store prepares a return claim. This document has a standard layout, which can be found on legal and trade websites. What should be included in the claim?

• At the beginning there is information about the trading establishment and its management.
• Then - information about the applicant.
• You need to write down when the jeans were purchased.
• The reason for the return is indicated.
• You need to make a link to the articles of the “Law on the Protection of Consumer Rights” and the Civil Code of the Russian Federation, which allow you to return a good quality item to the store.
• The buyer can make a claim and accept the pants and exchange them for another model.

You should be prepared for the seller to carefully inspect the clothing before deciding to accept or exchange it. After all, these jeans need to be sold to another buyer, and who will take the goods with signs of wear?

Conditions for returning goods without tags

Unfortunately, returning an item without a tag, but with a receipt, to the store is very problematic. The fact is that the norms of Art. 25 of the Federal Law “On the Protection of Consumer Rights” provide that the buyer has the right to exchange things that for one reason or another (style, appearance) did not suit him only if he has a sales receipt, seals, tags. The item must not be worn.

These conditions are spelled out in the law so that the seller has the opportunity to sell the goods. Many customers pay attention to the presence of tags (labels), because they want to buy a really new good thing. If the label is torn off or is missing at all, then a person will suspect that the item is worn.

You can tear off or cut off the label only after the person is convinced that the clothing (often this is what we are talking about) suits him.

Please note that some exceptions are provided for in Article 18 of the above law:

• returns without tags are allowed;
• the main condition is the poor quality of what was purchased. Let's say a client purchased a sweater, came home, cut off the label and washed the item. It turned out that she immediately began to creep away. In this case, it is possible to return the goods without a tag, but with a receipt.

Returning goods without labels is legal

Would you go to return an item you didn’t like to the store if you lost your receipt? I think not every one of us would risk doing this, given the level of service in domestic stores. And the “Consumer Rights Protection Law” states that we can return without a receipt. In the end, it's even logical. After all, the receipt is printed not in one copy, but in two, one remains with the seller, and if you name the day and approximate time of purchase, then it will not be difficult for the seller to lift the cash register tape and see if you are telling the truth.

We recommend reading: Child support for two children

What products can be returned without tags?

According to the current legislation of the Russian Federation, there is no specific group of trade items that are returned to the seller without a tag. If this is a high-quality product, then the representative of the trade organization demands to present all the attributes that were on the jeans (another item) at the time of sale.

However, there is an exception - it is possible to return the goods without a store tag if the item had a branded label from the manufacturer. It must remain intact and intact when the item is received back to the store.

Is it possible to receive money or can you only rely on exchange

The provisions of Article 18 provide customers in stores where they provide a cash receipt with the following legal rights to return goods of inadequate quality:

• the ability to replace purchased low-quality goods with a product from the same manufacturer;
• replacement with an identical copy from another manufacturer (for example, instead of Adidas sneakers, it is possible to exchange for Nike sneakers);
• reduction in the purchase price (in practice, a certain compensation is obtained);
• immediate elimination of product defects;
• demand the seller to return the money spent.

The norms of clause 2 of Article 25 of the above Federal Law provide for the possibility of receiving money back in the following cases:

• absence of a similar product in the store at the time of registration of the return;
• purchasing products on credit (the person hands over what was purchased and must return the loan funds to the bank).

If there is a similar product on sale, it is much more difficult to expect to get the money spent back. In this case, most likely, the client will have to go to court.

Is it possible to return a suit of poor quality? (with shortcomings)

I’ll say right away that the consumer has every right to return the suit and other items of clothing if flaws are found in them.

Which products can be returned to the store and which cannot?

This right is given to you by the “Law on the Protection of Consumer Rights”, namely paragraph 1 of Article 18, which clearly states that if the consumer finds any defects in the product, then he has the right to the following actions:

• Exchange a low-quality suit (product) for a similar one of a different brand, model and manufacturer; accordingly, in such a situation, the purchase price is recalculated up or down, that is, you will either have to pay extra or you will be refunded a certain amount if the price of the replacement is cheaper;
• You have the right to demand that the seller return the amount of money paid for the goods to you in full and give him the defective goods.

Of course, you can also demand from the seller to immediately eliminate defects in the product or compensation for independently eliminating the defects on your own, but these are less popular measures and generally the consumer demands either an exchange for a similar one or a refund of a sum of money.

What will you need to return?

To return a product, the buyer must provide proof of the fact that the item was purchased in the store where he came to return the product, which was of low quality and did not suit the person due to some characteristics. The legislation establishes the following requirements for such returns:

• compliance with deadlines (14 days from the date of purchase). Of course, the provisions of Article 19 of the said Federal Law provide for the right to file claims regarding the quality of the goods throughout the entire warranty period, and if it is not established - 2 years from the date of purchase of the goods, but these conditions apply exclusively to the exchange of goods of inadequate quality. If we are talking about returning goods of proper quality, then only the 14-day rule applies;
• There must be a receipt, because without it none of the sellers will be able to replace the goods. When exchanging, the old check is confiscated and a new one or a document is issued that confirms the payment of money;
• passport of the person who is handing over.

When the seller is obliged to accept the goods back

In a regular store

In a store, shopping center and market, the buyer sees the product, can try it on and evaluate it. He himself is responsible for the choice. Therefore, the conditions for exchange and return are gentle for the seller - Art. 25 of the Law.

General rule: the seller is obliged to exchange a non-food product if it does not suit the buyer. A non-food product is any product that cannot be eaten: clothing, shoes, furniture, spare parts. Read about exceptions in the section “When the seller has no obligation to accept the goods.”

Exchange is required only if the product is not suitable. The law does not mention other reasons for return. Technically, if a buyer returns a dress because she changed her mind or because her husband is against it, the seller can refuse. In practice, they rarely find fault with the reasons for the return. The buyer can always “remember” that the product is not only too expensive, but also the wrong size.

Money is returned only if the store does not have a suitable item for exchange. Again, the buyer can always demand a dress the color of Daenerys's eyes with dragons on the sleeves - and get money.

The buyer should not be forced to wait until the shoes of the right color arrive from the supplier. If the buyer agrees, you can “reserve” the item: sign an agreement that the store will exchange the item as soon as a new batch is delivered.

The rules cannot be changed in the terms of the promotion or in the agreement. Even when a buyer knows they are purchasing a unique, handmade or one-of-a-kind item, the right to exchange and return still applies.

The period for returning goods to the store: 14 days, not counting the day of purchase.

Deadline for returning money to the buyer: 3 days after returning the goods.

In the online store

Things from online stores and magazines with product catalogs are always unpredictable. Even rotating 3D photos don't help much. You can’t try on clothes, you can’t touch fabrics, you can’t sit on a chair and open closet drawers. Therefore, the conditions for returning remote purchases are stricter. A separate article 26.1 of the Law on Consumer Rights is devoted to them.

General rule: the buyer has the right to cancel the order at any time before delivery and within seven days after. It is not necessary to explain the reason. Tell the buyer in writing how to return the goods - or the period will increase to three months. The rule applies to all goods without exception. The list of “non-returnable goods” does not apply - as stated in the Letter of Rospotrebnadzor dated October 7, 2016 No. 01/13541-16-29.

When returning, the seller is not required to pay for shipping. You can deduct its cost from the refund amount.

Deadline for returning money to the buyer: ten days from the date of application.

When can I return it or choose something else?

The legislation establishes several types of deadlines regarding the return of goods:

• return within 14 days of quality goods;
• return within the warranty period, but not more than two years from the date of purchase of the defective product.

If the product is of high quality

The buyer has 14 days to return the item, starting from the day following the date of purchase.

If the seller agrees to return the goods, then:

• exchange for a similar model;
• refund of the paid amount (within 3 days).

Products can be exchanged either every second or later. For example, if a certain item is currently out of stock in a store, the customer will have to wait until the item goes on sale.

If the purchase was made in an online store, then the period is not 14 days, but 7. If the seller did not inform the buyer about this period, then the period is extended by 3 months. The period is calculated from the moment the goods are received from the supplier.

If the product is defective

Products with defects can be returned during the warranty period . In this case, you must have a warranty card on hand.

There are some peculiarities here:

• There are seasonal warranty periods. In this case, the period is calculated from the start of the season.
• If there is no deadline on the coupon or on the packaging, then it is considered not established. And in this case it is equal to 2 years. The period is calculated from the date of purchase.
• In the case of online purchases, the period is counted from the day the goods are handed over to the buyer.

Regardless of whether a quality or defective product is exchanged, the replacement must be made within 7 days from the date of presentation of the request. If additional verification of the goods (examination) is needed, then within 20 days (Article 21 of the Law).

How to return clothes that are found to be defective

Products found to be defective can be returned to the store within the expiration date.

Important! Products with no expiration date or warranty period can be returned within two years from the date of purchase.

It is noteworthy that the warranty period for seasonal items (jackets, hats, fur coats, certain types of shoes) begins from the beginning of the season.

Requirements that the buyer may make

Having discovered a defect, the buyer has every reason to present one of the proposed demands.

• Return of goods and transfer of 100% of the cost of the product.
• Replacement of the product with a similar one, if available in the sales area or warehouse.
• Replacement with a similar or different product from the counter (if the cost of the products is different, it is necessary to recalculate).
• Payment of expenses for eliminating defects.
• Independent elimination of defects by the seller and return of the item to the buyer.
• Reducing the cost of defective products.

How to submit requirements

Important! To make legal claims, you need to make a claim in writing, describing in paper all the shortcomings of the purchased product.

You can bring the claim to the store yourself or send it by registered mail with notification. It is mandatory to certify your copy with the seal and signature of a store employee to certify that the letter was delivered.

Expertise is possible!

Sometimes the store insists on conducting a professional examination. During this process, it becomes clear who exactly is to blame for the damage to the product.

Reference! The examination is carried out within 7 days, and when conducting a repeated examination, the period increases to 20 days.

If during the examination it is determined that the buyer is to blame for the defective goods, he will be obliged to reimburse the costs of the expert procedures carried out.

Deadlines for fulfillment of requirements

• 7 days are set for the seller to provide a new product without defects. And also to replace the product with a product of similar quality, if the buyer insists on such a replacement.
• Within 10 days, the seller must compensate for losses incurred in connection with the elimination of the defect.
• The seller has 45 days to eliminate defects if the buyer has requested to exclude the defect and provide a repaired product.

In what case will the seller not take the goods?

The seller may refuse to accept the goods if he proves that the defects appeared after purchase. In this case, the issue can only be resolved through the courts.

A refusal to accept goods can also be obtained if the item is noticeably damaged and has signs of wear.

How long can I return it?

The Civil Code, along with the law, establishes a period during which the buyer can either return the item to the store or exchange it. For these purposes, 14 days are allocated from the date of purchase. This period begins to run from the next day after purchasing the product, so in total consumers have 15 days to decide whether they want to return the item to the store or not.

The law establishes how many days later the seller is obliged to return the money to the buyer. So, the store has 20 days from the date of receipt of the complaint from the consumer. This period includes the time of the examination.

Like many rules, this document also has an exception - in this context we will talk about seasonal goods, the return period for which increases. This category may include, for example, winter clothes and shoes; when making a purchase in the summer, the buyer will not be able to assess the quality and detect possible defects without use, which is impossible during the summer season.

Let us remind you that in the case of a return within 14 days, this rule applies only to a quality item that did not fit or if you did not like it.

If you don't like the product you purchased

Some sellers deliberately mislead, refusing to give the buyer money for an item if they don’t like it. The law contains provisions that answer questions about how to return an item to a store and whether this can be done only on the basis that you are not satisfied with the purchase.

The main condition is that there are no traces of use of the item you purchased. The presentation must be preserved in its original form, but the lack of a sales receipt should not be an obstacle to handing it over, since you can confirm the purchase with testimony.

Algorithm for returning an item if you don’t like it:

1. Check the product for traces of use, try to get rid of them if they do appear during fitting;
2. Make sure that the purchased item does not belong to the category of goods prohibited by law from being returned or exchanged;
3. Bring the item to the same store where you purchased it. If the store is a chain store, you should only contact the branch where you made the purchase;
4. File a claim. As a rule, the store already has a template where you need to add your data and the reason for the return;
5. Receive a receipt and funds in full;
6. If you paid for your purchase with a bank card, it may take up to 30 days for the money to be credited to your account.

In the event that the seller unmotivatedly refuses to return your money or insists only on exchanging the product for a similar one, feel free to contact a judicial authority to protect your rights. The funds spent on legal services can be recovered from the defendant - the store if a decision is made in favor of the buyer.

Return of goods within 14, label cut off

She decided to buy a bag, she was sure that she had 14 days to look at the bag at home, make sure that it fits her wardrobe. At the checkout, she paid for the item, asked for scissors, cut off the tag and left the section.

After walking a few meters through the shopping center, she put the said bag in a bag and left the store, got into her car and drove to work. Within three hours, she decided that the bag did not suit her, called the store and said that she intended to return the bag. Over the phone, the seller asked her about the safety of the tags and seals, to which she said that the tags were preserved, but cut off from the bag. For this reason, she was refused a refund. The next day, she attached the cut tag to the bag and believes that its presentation and tag were preserved. If a product does not meet these requirements of the Law “On Protection of Consumer Rights”, then it cannot be exchanged as a product of proper quality. In addition to the requirement that only non-food products are subject to exchange, this article also provides for the condition that the consumer can exchange purchased goods of proper quality if: - the goods have not been used; — its presentation, consumer properties, seals, factory labels are preserved; The list of reasons on which a consumer can demand the exchange of goods of proper quality is exhaustive and closed: this is a discrepancy between the shape, dimensions, style, color, size or configuration of the goods and the wishes of the consumer. Other reasons cannot serve as a basis for satisfying the consumer’s request to replace a product of proper quality.

• No more than fourteen days have passed since the date of purchase (counting from the next day after purchase);
• The product is not included in the list of items that cannot be returned;

• The product does not fit one of the following characteristics: shape, style, color, size, dimensions or configuration.

If all of the above requirements are satisfied, the buyer can make a return. As for the return of goods that have some kind of defect or significant drawback that mars the use, it can be made under the following conditions:

• within 15 days from the date of purchase;
• until the current warranty for the product has expired;
• The buyer has a receipt, a warranty card and a visible defect or defect in the product.

Let's consider individual cases of returning goods. Hello! I bought a jacket, came home, tried it on again, it turned out to be too big, the check is there, I just cut off the tag, but it’s still there, I came to the store and they don’t accept it back and don’t exchange it for another size. What should I do? Answer: Hello, unfortunately the seller is right and nothing can be done in this case. Many sellers are cooperative and exchange the item even if the tag is cut off and the buyer returns it separately, but from a legal point of view, your seller is right. So, in fact, you can exchange a jacket for a similar product within 14 days if you are not satisfied with the size. However, as follows from paragraph 3 of Art. 25 Federal Law “On Protection of Consumer Rights” your jacket, like a non-food product, can be returned if it has not been used; its presentation, consumer properties, seals, factory labels have been preserved; We have documents confirming the purchase from this seller.

Where to complain if buyer's rights are violated

To protect consumer rights, a buyer who is denied the exchange of goods in a legal way and within a legal period may complain to:

• territorial division of Rospotrebnadzor. The complaint must be made in writing so that the consumer has documentary evidence that the complaint was filed. The consumer supervision authority will conduct an investigation and make a decision on the legality of the refusal;
• court. Nobody has canceled the right to appeal any illegal actions against a citizen’s property in court, so a person can draw up a statement of claim and submit it to court.

Please note that during a dispute in a store, it is advisable to receive a reasoned written refusal to accept the goods for exchange, which can then be presented to Rospotrebnadzor or the court.

Law

Trade rules, the “Ohm on the Protection of Consumer Rights,” and articles of the Civil Code provide real opportunities for returning a purchase to the seller due to its poor quality.

You can also return a product in a situation where it simply does not fit in size, color, configuration, or technical characteristics. By law, it is also possible to return jeans to a retail establishment. But you must comply with the requirements and conditions established by law. Within two weeks (14 days), you can return jeans of proper quality. They may simply not fit in size (which is not always discovered during one fitting) or color.

The need for such a purchase might no longer be necessary, or the costs of the purchase at the moment turned out to be unnecessary. Jeans are not included in the list of goods that cannot be exchanged or returned. You just need to return the uniform after trying on the jeans and attach a payment document confirming payment for the item at this retail establishment.

If the conditions are met, there is every chance to return the pants or exchange them for another pair. ATTENTION! The seller is also obliged to accept jeans that are of poor workmanship or defects.

With tags but no receipt

It is not uncommon for a consumer to discover manufacturing defects about which the seller did not warn him after purchasing, and not yet starting to use the purchased item. In this case, it is not necessary that tags, labels and seals be retained in order to return. When returning goods of inadequate quality, the procedure is as follows:

• go to the retail outlet where the product was purchased and present the purchased item;
• write a statement in 2 copies addressed to the manager . Typically, a standard application form is provided by store employees. It must indicate: full name and passport details of the buyer, contact phone number, date and place of purchase, size and price of the item, identified defects in the product, as well as the desired method of resolving the incident - refund, repair, replacement. One copy of the application along with the goods is transferred to the store employees, the second with a mark on the date of transfer and signature remains with the buyer. After reviewing the application, the administrator of the outlet must call the buyer and inform him of the decision made.
• within 10 days the money must be returned , replacement or repair of low-quality goods must be made.

It is worth keeping in mind that the seller can carry out an examination of the goods in order to identify the cause of defects. It must be completed within no more than 20 days from the date of submission of the application. The buyer is notified of this in advance and has the right to be present during the research.

However, if it is revealed that the defect in the goods was caused by the buyer, all costs incurred by the seller will have to be paid.

If an item of proper quality is returned - with tags, preserved presentation and consumer properties, and the receipt is lost, then other evidence will be needed that the purchase was made in this particular store, for example, witness testimony, a bank card statement, a warranty card.

If replacement with a similar product is not possible, then to get a refund you will need:

• write an application addressed to the store manager, in which you need to indicate: full name and passport details of the buyer, contact phone number, date and place of purchase, size and price of the item, reason for the return (for example, the size does not fit), as well as the impossibility of replacing it with another product.
• Refunds are made within 10 days in the same way the purchase was paid: to a bank card or in cash at the cash register. In the latter case, the store administrator must call the buyer and inform him when he can come to collect the money. You will need to have your passport with you.

When the seller has no obligation to accept the goods

In a regular and online store

Buyer is not a consumer

The buyer can return a quality product if he bought it for personal, household and family needs. When purchasing goods for business, other rules apply, more stringent ones.

For example, a thermal transfer label printer cannot be returned. It is used for trade, not in everyday life - case No. 33-16141/2017.

Lost presentation of purchase

The buyer realized that the item was not suitable only after use. Walking down the street in boots or wearing a tuxedo to a Black Tie party. The product can no longer be put back on the shelf or hung on a hanger in the store. It doesn't look new or even damaged. Loss of marketability is a legal basis for refusal.

The rule does not apply to packaging. You cannot demand from the buyer a shoe box and an entire protective film of the painting.

Manufacturer's labels and seals have been torn off from the goods

Products without branded labels look suspicious, especially if the store sells expensive items. A buyer will doubt a Stefanel dress with a torn label: what if it’s a fake? This will also damage the store's image. Therefore, sellers do not accept goods with broken labels or seals.

The exception is store tags. It is not difficult for the seller to attach new ones. To do this, the product does not need to be sent back to the factory.

You weren't the one who sold the item

To return the goods, the buyer presents a receipt for payment. The receipt confirms that the purchase was made in your store and the responsibility is yours. There is no receipt - the buyer has the right to prove the purchase in other ways: show an entry in the warranty card or bring a witness.

If the buyer cannot confirm that he made a purchase in your store, this is grounds for refusing a refund.

It is important to remember the specifics of online sales. Typically, a purchase in an online store is made through a personal account, which reflects the terms and price of the order. The buyer may lose the receipt, invoice for the goods and the warranty card, but show a printout from his personal account. This is considered proof of purchase.

The return period has passed

In a regular store you have 14 days for returns. They are counted from the next day after purchase. For online sales, the buyer is given 7 days or 3 months from the date of receipt of the order. Days are calendar days, that is, weekends are included in the deadline.

Only in a regular store

Non-returnable item

Some items cannot be exchanged or returned. Once sold, they lose their consumer value. These are perfumes, underwear, jewelry, textiles and building materials by the meter, household appliances with a guarantee. A piece of linen cut for a specific buyer or an opened package of perfume is difficult to sell again.

The full list of non-returnable goods is in Decree of the Government of the Russian Federation dated January 19, 1998 No. 55. Check whether your products are included in it so as not to make unnecessary returns.

For example, paragraph 11 of the list indicates technically complex household goods with a guarantee and their types. The types include computer technology. Tablet computers are computer equipment, they are irrevocable - case No. 78-KG17-102.

This is not a product, but the result of work

It happens that an entrepreneur sells goods and carries out work in one place. For example, a sewing salon accepts orders for tailoring and sells ready-made products.

The legal consequences for buyers vary. For returning a quality product you can get money, but for refusing quality work - not under Art. 32 of the Law on Consumer Rights.

In practice, confusion with goods and work happens.

A woman ordered a car alarm from a car dealership. After installation, she stated that she was rejecting it as a product and demanded her money back. A dispute ensued, which continued in court.

The court said that the rules on exchange and return do not apply to the result of the work. The woman cannot return the alarm to normal quality, and the salon is not obliged to pay money - case No. 33-3137/2016.

Only in the online store

Product made to order

Individual order - when a product is made for a specific consumer. This is a one-off work by the artist; exactly the same models are not sold in the store. In this case, individual elements may not have individual properties.

Items purchased on an individual order cannot be returned - they will not suit other customers.

For example, you cannot return a kitchen set that was made using samples of ready-made facades from the website, but according to an individual sketch. The height, length and depth of the cabinets are suitable only for the customer’s kitchen - case No. 33-2222/2015.

Return procedure

If you want to return an item without tags to the store, then you should inform the seller about this need. According to the law, only low-quality items can be returned without tags, so immediately be prepared for the fact that you may be faced with a refusal to issue a return. Please adhere to the following recommendations when preparing goods for return:

• It is worth trying to collect all the labels you have that were on the product at the time of purchase;
• The item itself should not have traces of use that spoil the presentation, for example, puffs or pellets;

Returning items without tags or of poor quality is possible subject to the warranty or service life. If the terms are not set by the manufacturer, then you can return it within 2 years from the date of purchase. If the product is of proper quality, then it will be mandatory to comply with the 14-day deadline.

To exercise the right to return goods, the consumer must have:

1. The product itself;
2. Purchase receipt or witness of purchase;
3. Passport.

The manager will ask you to fill out an application. Regarding the content of the application for returning goods without tags, there are several recommendations, which are also very important to follow. As a rule, each store has a standard application form, which allows you to speed up this procedure, but what you indicate in yours depends on whether you receive a refund or not.

Is it possible to return

Article 25 of the Federal Law “On the Protection of Consumer Rights” will come to our aid, which states that all purchased goods are subject to exchange and return depending on the category they belong to.

We recommend reading: How much does it cost to insure a VAZ?

So, jeans may or may not be of high quality.

Both of these cases allow for your item of clothing to be returned to the retailer or individual seller within the legal time frame.

Do not be afraid to face a refusal when returning jeans - this item of clothing does not fall under any of the prohibited lists.

Unless, of course, they were made to order for you, or you purchased something that has already gone beyond the simple understanding of jeans (for example, they were decorated with real jewelry).

Regular jeans can be returned on a general basis.

Statement

In the application for returning goods without tags, you will need to indicate the reasons for the return, since it can be returned only if there are complaints about the quality. There may be both low-quality materials and manufacturing defects, due to which use is difficult. For example, the seam is not straight, and therefore the shoe rubs the foot. It is worth understanding that the seller has the right to insist on an examination of the goods, based on the results of which a decision will be made.

In a consumer return application, you will need to provide the following information:

• In the header: To whom the application was sent. Usually such statements are sent to the store director, indicating the address of the outlet;
• From whom it was sent. Full name, full passport details and place of issue, as well as residential address and contact information will need to be indicated here;

Can I return jeans if they stretch after the first wash?

Hello, is it possible to return jeans if they stretch after the first wash, I washed them by hand, the jeans were purchased 2 days ago May 05, 2020, 11:15, question No. 2349570 Lena,

Kurgan Collapse Online legal consultation Response on the website within 15 minutes Answers from lawyers (2) 1177 answers 311 reviews Chat Free assessment of your situation Maxim Sushkov Lawyer, Kandalaksha Free assessment of your situation

1. 1177 replies
2. 311 reviews

As a general rule, no, because they were already in use, Article 25 of the Consumer Protection Law.

You can, of course, file a claim that they are of poor quality, in which case the seller is obliged to conduct an examination of the quality of the goods.

Based on its results, make a decision, Article 18 of the PPA. It is also possible that you were provided with incomplete information about the product, its properties, and how to use it. Then you can also make a demand for replacement or refund, Article 10 of the PPA.

The answer to your question is given in general terms, since a more precise answer requires additional information.

Providing additional information, as a rule, is carried out on a paid basis, but everything is by agreement. If you have questions or need help in preparing documents, you can contact me on the website via chat.

May 05, 2020, 11:21 0 0 12029 replies 4233 reviews Chat Free assessment of your situation Lawyer, Izhevsk Free assessment of your situation Hello. It depends from what point of view you look at it.

If it is a disadvantage, then it is possible, according to Art.

18 Federal Law “On ZPP” write a complaint and indicate what the shortcoming is, namely, that after the first wash they stretched, Lena, the seller must accept the goods and conduct a quality check. If the dispute is about shortcomings, then an examination. Art. 18 Federal Law “On ZPP” 1. If defects are detected in a product, if they were not specified by the seller, the consumer has the right, at his own discretion: to demand replacement with a product of the same brand (same model and (or) article); demand replacement with the same product of another brand (model, article) with a corresponding recalculation of the purchase price; demand a proportionate reduction in the purchase price; demand immediate free elimination of defects in the goods or reimbursement of costs for their correction by the consumer or a third party; refuse to fulfill the purchase and sale agreement and demand a refund of the amount paid for the goods.

At the request of the seller and at his expense, the consumer must return the defective product. 05 May 2020, 11:21 0 0 All legal services in Moscow Best price guarantee - we negotiate with lawyers in every city on the best price. Similar questions 07 June 2017, 09:29, question No. 1660132 03 October 2020, 00:51, question No. 1395051 05 December 2020, 14:30, question No. 1463333 22 August 2014, 11:43, question No. 536578 21 June 2020, 12:59, question No. 2031812 See also

Rules for returning goods to the store: is it possible to return an item without a tag? Is a check required?

Returning an unsuitable product back to the store is not the easiest task, both from a legal and moral point of view. However, if the purchased item has not been used and all tags remain in its original condition, returning it is quite simple.

But a purchase that has already lost its presentation (that is, without labels or with damaged packaging) is not easy to return. Therefore, before you go to the store and assert your rights, you should make sure that the law is on your side.

Conditions for handing over things

The following influences whether it will be possible to return goods without labels, but with a receipt to the store::

• product quality;
• preservation of presentation.

Proper quality

The conditions under which it is possible to return goods of proper quality to the seller are stated in Article 25 of the PZPP. You can exchange an item if :

• it was not used;
• packaging, seals and factory labels are not damaged;
• the fact of purchase can be proven by the presence of a cash or sales receipt or by the testimony of witnesses.

If at least one of these points is not met, the seller has the right not to exchange the goods.

It is worth noting that in some cases, sellers meet buyers halfway and accept the product even if the conditions listed above are not met . However, it is necessary to understand that this is an exception and not a rule that must be followed.

The law deals only with those tags, seals and labels that are factory produced. Items without a store label must be returned.

Example . At store N. Anna bought a shirt, brought it home, took off the label, tried it on and cut off the tag. However, she soon examined the item more closely and realized that it did not match with anything. In this case, is it possible to return an item with the label cut off, but with the receipt saved?

1. Yes, subject to certain conditions: if Anna cut off only the store tag and did not touch the factory labels, if the receipt was preserved, and if it is not visually noticeable that the item was used.
2. Not if Anna cut off both the tag and the factory labels, or it’s obvious from the shirt that it was used.

If a defect is detected

Thus, according to the law, the consumer has the right to exchange the purchased product for a completely identical one, for a similar product of a different model or from another manufacturer, receive free repairs, or demand a refund.

To return a defective product, you must prove that the cause of the defect is a manufacturing defect or the actions of the seller. In other words, if the product was damaged before purchase, it can be returned , but if the breakdown occurred during use, it cannot be returned.

You can return a faulty product within the warranty period, which is usually indicated in the warranty card. If the issuance of such a coupon is not provided, the warranty period is two years and is counted from the moment of purchase, more precisely, from the moment the check is issued, according to Art. 19 ZPPP.

Example . The kitchen faucet body cracked after installation. The buyer contacted the store with a request to replace the damaged product with a new one. Is it possible?

1. Yes, if the seller agrees to a peaceful resolution of the situation, then the request can be satisfied without additional action, based on the application.
2. Yes, if the examination shows that the breakdown was not the fault of the buyer.
3. No, if the examination shows that the buyer himself is to blame for the breakdown.

Despite the fact that a receipt - cash register or sales receipt - is the main proof that the purchase was made, you can do without it when returning the goods. However, for this it is necessary to prove that the purchase was made in this store.

You can use it as evidence:

• witness statements;
• camera recordings, if any.

What products cannot be returned?

These products include:

1. Medicines and related products.
2. Hygiene items.
3. Cosmetics and perfumes.
4. Textiles and knitwear are goods that are sold in metres.
5. Construction and finishing materials, cables.
6. Utensils, food containers, and all materials intended for handling food.
7. Household chemicals, chemicals.
8. Weapon.
9. Furniture.
10. Jewelry.
11. Vehicles.
12. Animals and plants.
13. Non-periodical publications.

This list applies exclusively to quality products. If the goods are defective, they can be returned within the time limits established by law!

Procedure

So, you can return a defective product before the warranty period expires - usually it is two years. To do this you need the following:

• defective goods;
• receipt or other proof of purchase;
• identification document (for example, passport).

The return procedure is as follows:

1. The buyer contacts the seller (or manufacturer) with a claim in duplicate. One remains with the seller, and the second is marked with acceptance of the claim and receipt of the goods. Copies of the documents required to return the purchase are attached to the application.
2. If the seller refuses to accept the claim, it is sent by registered mail.
3. If the issue of returning the goods is not resolved immediately, the defective product is sent for examination.
4. Depending on the results of the examination, either the seller returns the money or exchanges the goods, or the buyer compensates the seller’s costs.

The claim must indicate:

• buyer data;
• information about the seller (store address, owner’s full name, legal name);
• date of purchase;
• exact name of the product;
• the reason for returning the goods;
• requirement to the seller (exchange, refund, compensation, etc.);
• list of documents attached to the claim;
• date of filing the claim.

Complaint about violation of buyer rights

The main organization protecting the rights of the buyer is the Federal Service for Supervision of Consumer Rights Protection (Rospotrebnadzor).

If it is not possible to resolve the situation with the help of Rospotrebnadzor, the buyer can appeal to the consumer rights protection society or file a lawsuit in court.

Thus, Rospotrebnadzor is usually contacted in the following cases:

• If the purchased product turns out to be defective.
• If the problems are related to online shopping.
• If the seller insults the buyer or unreasonably refuses service.
• If the seller refuses to replace the defective product.

It is difficult to hand over quality items without tags to a store, since in this case it is difficult to prove that they have not lost their presentation and have not been used. However, with damaged items, the law is on the buyer’s side, up to compensation for moral damage .

However, it is worth noting that although, by law, the seller has the right not to return money for quality items, buyers are often met halfway and compensated for costs.

Documentation

Typically, the following documents are required to return an item with a factory tag:

• buyer's passport;
• torn off store tags, if they are preserved;
• a sales or cash receipt to confirm the purchase (this item is optional according to the Law, since it is possible to return the goods without a receipt).

Decision timing and consequences

So, these are the deadlines specified in the legislation:

• 14 days from the date of purchase for exchange of goods of good quality, provided that the tags are kept.
• 14 days from the date of purchase of the defective product.
• The duration of the warranty, if it applies to the purchased item.

It is important to remember here that the 14-day period does not count from the day you made the purchase, but from the day following it. That is, it turns out that if you include the date of purchase, you have 15 days to return it. This period is not extended under any circumstances, even if the buyer was sick or on a business trip and was therefore late in presenting the goods.

The law must be respected equally by both sellers and buyers.

Protection of rights

The Consumer Rights Act protects not only buyers, but also sellers from consumer extremism.

If you do not carefully read the Consumer Rights Law, you may have the mistaken opinion that it is possible to return the purchased product at any time and in any condition, even damaged.

However, the seller should not work at a loss, meekly agreeing with every buyer.

So, sometimes frivolous tearing of tags can result in the loss of a large sum of money. It is recommended not to rush to tear off the factory labels, but to carry them around for 14 days from the date of purchase - this is how long the period lasts during which you can exchange the product simply because it did not fit or you did not like it.

If within 14 days you discover a defect in the product and are convinced that the reason for it is not your operation, but the poor quality of the manufacturer’s work, then you have the opportunity to exchange the product.

Buying and returning clothes to the store: 7 tips from Rospotrebnadzor

DECISION In the name of the Russian Federation April 14, 2010,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Region ,,,,, in front of the secretary,,,,,,,,,,, having considered in open court civil case No. 2-131/54-09 on the claim of D. to D. for termination of the purchase and sale agreement, return of funds , paid for the goods, ESTABLISHED: The plaintiff appealed to the magistrate with the specified claim. In support of her claims, she indicated that on March 4, 2010, she purchased a leather bag worth 5,062 rubles from department D. section.

Attention: The salesperson helped her choose the specified product and suggested putting a wallet and a diary in her bag. She paid for the goods and took the purchase. However, at home, she realized that the bag did not suit her, either in style or color. On the same day, she contacted the seller by phone and said that she intended to return the bag and take the money.

The legislator provides for the possibility of exchanging goods, even if the consumer has no complaints about the quality of the purchased goods (it is important to remember that we are talking about non-food products). At the same time, there is a List of non-food products that cannot be returned, which can also be viewed on our website - the article “Items that cannot be returned.” The condition for the possibility of exchanging a purchase is that the product must not be used, its presentation and seals must be preserved , factory labels.

Info Let's figure out what “wasn't used” means? For example, you bought shoes and went outside in them, this means that the product has already been used, because... characteristic marks will be immediately noticeable. The situation with clothing is a little different; in order to be considered unused, it should not show signs of wear.

Any clothing, hats, or knitwear must undergo preliminary pre-sale preparation (before entering the shelves, the products are unpacked, carefully inspected and sorted by the seller). In the store/department where clothing is sold, the following conditions must be observed:

• In a retail space, all goods should be grouped by type and size. At the same time, women's, men's and children's clothing, as well as sewing/fur products/knitwear are also located in different areas of the sales floor.
• All goods must have tags or sales tapes with the appropriate markings.
• Stores must be equipped with the required number of fitting booths with full-length mirrors.
• The quality of products is visually checked by the seller in the presence of buyers.

The representative of the defendant, acting on the basis of a power of attorney, did not recognize the claims, explained that the plaintiff, having paid for the goods, independently cut off the factory seal on which hung a tag indicating information about manufacturer, model and price of the product. Personal belongings were also placed in the said bag, after which the plaintiff left the shopping section and walked further through the shopping center.

He believes that the purchased bag was used, the plaintiff did not preserve its presentation, namely: the factory seal. The goods in department D are expensive; no one will buy a bag with the factory seal cut off.

If a product is purchased as a gift, or if the buyer has any doubts, the section staff always explains the possibility of returning the product within 14 days, provided the factory seal is intact, and only the line with the price can be cut off from the tag.

Conflict situations

Is it possible to return an item without tags? Buyers should be aware that there is a real possibility of doing this. But you can avoid conflict situations by choosing your purchases wisely. Before communicating with staff and administration, you should stock up on evidence confirming the purchase of the product and that claims have been made.

This means that the purchaser communicates with the seller using an application and certified documentation: the copy left must contain notes indicating that the documents were handed over in person or sent by registered mail, inventory, or notification.

If they refuse to accept the item

In the event that they refuse to accept the item from you, then sending a written application for the return of the goods from the consumer will be the most competent decision. At the same time, do not forget to make copies of the letter, this can be very useful in the future.

If the seller does not agree to either an examination or a return, then you can contact an independent expert yourself , and then visit the seller with the results. In the case of such a statement, supported by expert opinion, it is worth requesting compensation from the seller for the costs of conducting a quality assessment, because according to the law, in the event of inadequate product quality, the cost of the examination is covered by the seller.

The seller refuses to issue a refund even after this? Contact a lawyer to file a statement of claim in court and contact Rospotrebnadzor. Based on the results of the trial, you will be able to not only recover the purchase costs, but also compensate for all costs of legal services, examination, and obtain the payment of penalties and fines from the seller.