Returning jewelry to a store according to the law: procedure

Consumer rights when purchasing jewelry

The ability to exchange jewelry or return it to the seller is established by the federal law “On the Protection of Consumer Rights.” It sets out the main current standards that apply to the purchase of jewelry.

Federal Law 2300-1 specifies the rules for the return and exchange of various goods. As for jewelry, the rights of the buyer are regulated by Article No. 18. The consumer has the right to make a claim to the store if he discovers defects in the jewelry that the seller kept silent about. A deceived buyer has several options:

replacing the product with a similar one, but without defects;
replacement with another product (with cost recalculation);
reduction in purchase cost;
troubleshooting by the seller;
full cash refund.

However, you cannot return a piece of jewelry if it turns out to be too small or if it no longer pleases you at home. The law determines that items with a manufacturing defect can be returned.

A case from judicial practice

A resident of Nizhny Novgorod contacted the Nizhny Novgorod Society for the Protection of Consumer Rights. She purchased it from the individual entrepreneur Stolbov M.Yu. at the “Golden” jewelry store. a gold chain worth 15 thousand rubles.

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While trying it on in the store, she did not notice that the jewelry was defective. At home, the chain began to severely scratch the skin of her neck. Having carefully examined the purchase, she noticed nicks and immediately contacted the seller with a complaint. But the store did not satisfy her claim, refusing her request to return the money for the defective chain. And several times (a resident of Nizhny Novgorod wrote more than one complaint).

Then the customer went to the consumer protection society and filed a complaint against the store. I had to demand money through the court. The society's lawyer was the representative of the injured citizen.

The court upheld the claim and decided to recover M.Yu. from Stolbov. in favor of the consumer not only the cost of the gold chain, but also a penalty in the amount of 17 thousand rubles, compensation for moral damage in the amount of one thousand rubles. and a fine of 12 thousand 500 rubles.

If you are firmly convinced that you were sold a low-quality or defective piece of jewelry, you don’t need to think about whether your earrings or necklaces can be returned - go ahead and confidently defend your rights.

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When purchasing, be careful, check the jewelry carefully, look at the samples, the integrity of the seal, information about the manufacturer, read the warranty and return conditions.

Standards provided for in the consumer protection law

Federal law regulates not only the right of return, but also the requirements for jewelry products. If the item does not correspond to them, it can be taken back to the salon. The following standards apply to jewelry:

sample is required (does not apply to goods weighing less than 3 grams);
Russian jewelry must have the imprints of the names;
sales of precious stones are carried out if there is a certificate;
Jewelry with precious stones is equipped with individual packaging;
If the client wishes, a control weighing can be carried out before sale;
The receipt contains information about the sample, precious metals and stones, and the article number.

In addition, the label indicates the name, information about the manufacturer, processing method, and cost. If the product is decorated with a non-precious stone, information about it is entered.

Jewelry products are covered by a warranty, just like equipment. You can return a defective item within 2 years, unless the manufacturer specifies a different period. Defects include:

absence of a sample or its discrepancy with the information indicated on the label;
loss of precious stones and other inserts;
broken links of a chain or bracelet;
jamming of the lock, etc.

What to do if your rights are violated?

If the seller refuses to accept the defective product back and reimburse expenses, the consumer has the right to:

Write a claim for a refund. The document is sent by letter with notification or handed over in person against signature of acceptance. In case of ignoring or providing a negative answer, the buyer has the right to contact the supervisory authorities.
Contact the Society for the Protection of Consumer Rights. Our specialists will help you competently draw up a repeated claim, and will also defend your interests in court.
Complain to Rospotrebnadzor. The supervisory authority accepts both written and electronic submissions. To file a complaint via the Internet, you should go to the department’s website, fill out the form provided through the “Appeals” section and submit the information for consideration. Documents in scanned form are attached to the complaint (correspondence with the seller, expert opinion, etc.).
Write a complaint to the prosecutor's office if there is a criminal offense. For example, the sale of counterfeit jewelry.
File a claim with the justice authorities.

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The claim states:

court name and address;
Full name of the applicant, place of residence and temporary stay, contact details;
information about the defendant: name, legal and actual address, INN, OGRN, KPP, date of registration in the Unified State Register of Legal Entities (or Unified State Register of Legal Entities);
name of the document: “Statement of Claim”;
circumstances of the case;
normative justification for the position;
claim procedure;
demanding part;
list of attached papers;
day, month and year;
applicant's signature with transcript.

Important: claims for the restoration of consumer rights are not subject to state duty.

Collected papers:

submitted to OSGD during reception hours;
sent by registered mail with notification.

Is it possible to return a piece of jewelry if you don't like it?

It is impossible to return jewelry of proper quality to the store. Inappropriate size, shape, or color are not grounds for returning goods. The law provides for the return of jewelry only in cases of factory imperfection.

Is it possible to return without a receipt and without a tag?

Products made from precious metals are expensive goods, and therefore there is a risk of being deceived not only by the buyer, but also by the seller. A store consultant is not always an expert and may encounter an unscrupulous consumer, therefore:

If there is a need to return jewelry to a store, you must fill out a written application.
Supplement the document with a cash receipt confirming the fact of purchase.
It is important to keep and provide the tag containing information about the product.
The collected evidence is sent with the product for examination.
It is impossible to return goods without the appropriate certificates.

How to return or exchange jewelry

If you discover a manufacturing defect after returning from the store, you can safely file a claim with the seller. To exercise his right, the client should contact the salon where he purchased the low-quality jewelry, present the receipt, seal and all labels, and choose one of the possible methods of compensation.

Jewelry is sent for examination less often than equipment, but the seller has the right to do so. To establish the cause of the defect, he can send the jewelry for inspection, which he must carry out at his own expense. Most often, stores offer to make an official claim indicating the reasons for the return.

The buyer can independently initiate the examination and pay for it. This allows you to speed up the return procedure. A receipt indicating the cost of the appraiser's services must be presented to the store, since the seller is obliged to reimburse the money spent.

If you entrust the examination to a jewelry salon, ask the management to give you an official receipt that you have provided all the necessary documents, jewelry, seal, etc. Request the director’s signature and seal. Remember that in the store you leave copies of documents (if the examination was carried out at your expense), and leave the certified original in your hands.

After the cause of the defect has been established, the client should be called and invited to the salon. The next step is to choose a refund method (receive a new jewelry, refund, etc.). If it is proven that the fault arose due to the fault of the buyer, he will have to bear responsibility.

The refund period by law cannot be more than 10 days (if you have chosen a refund). The examination can be extended to 45 days only for complex goods, which do not include jewelry.

Which jewelry can be returned and which cannot?

has every right to take poor-quality jewelry . For example, a bracelet or chain broke a few days after its purchase, the watch soon stopped working, a stone fell out of the ring, etc.

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But returns are allowed if the product malfunction was not the fault of the buyer as a result of careless handling.

High-quality jewelry, if you simply “don’t like it” or “probably chose something wrong,” cannot be returned even the next day after purchase.

Collection of penalties

If the case goes to court, the plaintiff has the right to demand not only a refund of the amount for the defective product, but also a fine of 50% of the purchase amount.
You can also receive a penalty for each day of non-return of funds, which compensates for the violation of consumer rights. To do this, you need to write a claim to the seller demanding compensation for losses and lost time. Who calculates the penalty and how? The amount of the penalty is calculated independently. If the seller does not replace the goods within 7 days from the date of presentation of the demand, from the 8th day a penalty in the amount of 1% of the cost of the goods can be charged. If the goods are sent for examination, the consideration of the claim is 20 days, the calculation must begin from 21 days after delivery of the written demand. In this case, the countdown of the first day allotted for consideration of the claim must begin not from the moment the letter is delivered, but from the day following this day.

The case will be heard by the court at your place of residence, but if it is more convenient for you, you can file a claim with the court at the location of the defendant. If you purchase low-quality jewelry, the court is on your side. An experienced lawyer will draw up a claim, a lawsuit, and help collect evidence for the court hearing. Each case of consumer fraud is individual. A positive result depends on many aspects.

When buying jewelry as a gift, try to negotiate a return or exchange with the seller within a few days in case the size doesn't fit. Despite the lack of legislative regulation of this issue, in practice many sellers meet buyers halfway.

How to return jewelry of inadequate quality?

In order to hand over improperly matched jewelry to the salon, you need to follow a few simple steps:

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Prepare a sales receipt, a saved tag and your personal passport;
Make a visit to the store with the purchased product and the above documents;
Write a claim addressed to the director with a request to return or exchange the products;
Wait for a decision on your issue - this period lasts no more than 10 days.

Can jewelry of good quality be returned?

The specifics of returning jewelry of proper quality lie solely in a personal agreement between the client and the seller. After all, according to the law, high-quality jewelry cannot be returned. But store management can make an exception, for example, for its regular customers. In this case, when buying, for example, a gold ring for a bride, you can agree in advance with the seller that if it does not suit the size of your chosen one, you will bring it back and they will exchange it for a suitable number.

Maximum permissible period for returning goods

Jewelry is subject to the following return policies:

If a visible defect is detected, the product must be returned within 2 weeks;
The seller must be notified of a hidden defect within 6 months.

However, you can return the product during the warranty period. Manufacturers usually indicate a period of 1 year. If there is no warranty information, the maximum allowable period for return is determined by law - up to 2 years.

Not only the manufacturer, but also the seller has the right to indicate the warranty period. Therefore, be sure to check this information before purchasing. Sometimes jewelry stores indicate a warranty period that differs from that offered by the manufacturer, but it cannot be less.

Returning jewelry to a pawnshop - rules according to the law

If you decide to purchase jewelry from a pawnshop, you should familiarize yourself with the operating features of this structure. The activities of pawnshops focus on providing borrowed funds in exchange for the surrender of personal valuables. The rules for accepting jewelry at a pawnshop are as follows:

You can hand over the jewelry if it does not have state hallmarks or manufacturer's marks;
The pawnshop accepts jewelry of certain serial numbers;
An important point is the mandatory control of the product, determination of sample, weight and other subtleties;
Any jewelry must be weighed to the nearest gram.

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When carrying out such manipulations, the likelihood of purchasing defective products is reduced. But, if you decide to return the purchased product to the pawnshop, then you need to know that they are also subject to the provisions of the law on non-return of goods. You can return your purchase only if you provide the results of an examination indicating that the goods are counterfeit.

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In what cases does the seller have the right to refuse the client?

Sellers are not always willing to make contact with buyers. Refusals to accept an item with an obvious manufacturing defect are extremely rare, but in some cases store representatives have the right to disagree with the buyer’s demands. Most often this happens in the following situations:

warranty return terms have been violated;
the malfunction occurred after purchasing the jewelry (due to the client’s fault).

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If you are sure that the product was initially defective, but the seller stubbornly insists otherwise, you can file a complaint with one of several authorities.

Where to complain about an unscrupulous seller

If the situation could not be resolved peacefully, the first agency to which you should apply with a statement will be Rospotrebnadzor. You can attach to the claim all the collected documents (including the results of the examination, if you carried it out at your own expense), a receipt, etc.

In most cases, jewelry stores prefer not to start long proceedings (except in situations where they are confident that they are right) and quickly reimburse the client for the costs.

If Rospotrebnadzor is powerless, you can go to court. When it comes to litigation, the consumer is entitled to a refund not only of the funds spent on the purchase, but also to a penalty of 3% of the transaction value.

Download the text of the Federal Law on the protection of consumer rights

When purchasing jewelry, you should inspect it thoroughly and make sure that it is not defective. This will save you from wasting time and effort. In most cases, defects are visible to the naked eye, but sometimes they appear only after a certain time.

To find out your rights when purchasing a defective item, we suggest downloading the text of the law on the protection of consumer rights from the following link. The latest edition contains complete information about the possibilities of returning or exchanging jewelry products.

If you are sure that you are right, do not be afraid to contact the salon for a refund or exchange of jewelry. The law clearly defines in which cases the truth will be on the buyer’s side.