Returning goods within 14 days - consumer rights

What to do if they refuse to return money for goods of proper or inadequate quality?
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Legal grounds for refusing a return

The Law on the Protection of Consumer Rights (Articles 18, 25), which protects the interests of customers, allows goods that do not meet quality requirements to be returned to the store. But what to do if the seller does not want to accept a product with a manufacturing defect. First, you will need to prove the origin of the defects before concluding a transaction. Then you can begin to take drastic measures to solve the problem.

Sellers often refuse to accept faulty goods. But the law clearly states that when a buyer makes a claim, the store is obliged to accept the product. However, there are legitimate reasons why a representative of a retail outlet may refuse a client.

Attention! Such grounds, according to current Russian legislation, include:

  • the product is not subject to return or exchange, which is regulated by Decree of the Government of the Russian Federation N55;
  • the client makes demands after the deadline established by law;
  • the buyer returns the goods for unlawful reasons, for example, the seals of the product are broken, which indicates that it was unqualified;
  • the client returns an item whose defects were caused by his fault;
  • Products that have lost their appearance (sales) are returned.

Please note that unless you have attempted to repair the broken item yourself, the seller must accept it if there is any fault. Next, he will order an examination that will determine the cause of the breakdown.

Refusal to refund

0 As is known, an individual buyer has the right to exchange a non-food product of proper quality, if this product does not suit him in color, style, dimensions, etc., for a similar product ().

And if there is no product for exchange, then the individual buyer has the right to return the product that is not suitable for him and demand a refund from the seller ().

True, sometimes the seller may ignore the buyer’s request for a refund. As a general rule, an individual buyer has the right to return goods of proper quality, provided that the goods have not been used, have retained their presentation, have not lost their consumer properties, have retained factory labels (seals) and the buyer has a sales or cash receipt or other document , confirming the fact of payment.

However, if the receipt has not been preserved, the buyer can refer to witness testimony.

The buyer has 14 days to return the goods, not counting the day of purchase of the goods.

And the seller has three days to return the money from the date the buyer returns the goods (). But not every product can be returned to the seller and, accordingly, you can get your money back for the purchased product.

The Government of the Russian Federation has approved a list of non-food products of proper quality that cannot be returned (). Such goods, for example, include:

  • personal hygiene items (toothbrushes, combs, etc.);
  • household appliances for which a warranty period has been established;
  • books.

Therefore, if the buyer wants to return a “non-returnable” product, the seller has the right to refuse to return the product and return the money paid.

does not have a unified form, therefore it is drawn up in any form on the company’s letterhead.

Such a letter is prepared by the selling company, signed by its director, and sealed with a seal (if any).

The letter must indicate the reason for refusing a refund. The letter can be:

  • send by mail with a list of the contents and notification of delivery;
  • hand over to the buyer personally. In this case, do not forget to ask the buyer to mark receipt on the second copy of the letter.

It is better to send/hand over a letter to the buyer refusing a refund as soon as possible. Here is a sample of a written refusal to return funds to the buyer: Relations between legal entities are regulated by the Civil Code and the agreement concluded between these companies.

Consequently, the refund of funds paid by the buyer is made in accordance with the Civil Code of the Russian Federation and the terms of the contract.

What to do if they refuse to return money for goods of proper or inadequate quality?

Article 18 of the regulation protecting the interests of buyers is responsible for filing a claim regarding the quality of products. Article 18 of the RF Law on Prohibition of the Russian Federation, if defects are detected in the product, the buyer has the right to demand from the seller or manufacturer:

  1. exchange the product for a similar item;
  2. fully return the money for damaged products, terminate the transaction;
  3. exchange the goods for a similar item without defects;
  4. return part of the funds paid (for example, in the amount of compensation for the cost of repairs);
  5. provide free service.

The law allows claims to be made for technically complex goods within the first two weeks after purchase.

Moreover, the day of the transaction is not taken into account. Thus, 14 days are given to submit claims. Important! After this time, technically complex goods can only be returned for the following reasons:

  1. the client made a claim regarding minor defects in a technically complex product within the first two weeks, but the seller exceeded the repair time frame (45 days);
  2. the product contains an irreparable or difficult-to-remove defect that prevents the product from being used for its intended purpose (for example, the phone does not connect to the network, which does not allow making calls);
  3. this product can only be used in a certain season, time of year (impossibility of using the product for one month without interruptions).

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If a technically complex product contains fatal or difficult to eliminate defects, the buyer can return it during the warranty period.

If such a period is not established, then the claim must be filed within a reasonable time, not exceeding two years. If the seller doubts the manufacturing defect and is sure that the defects were caused by the buyer himself, he orders an examination. But he has no right to refuse to accept a faulty product if there are such suspicions.

Client requirements are satisfied only after assessment. If deficiencies arise

Illegal grounds for refusal

Sometimes sellers improperly refuse to accept goods.

The most common illegal grounds for refusal to accept a product include:

  • the client does not explain the reasons for the return;
  • the buyer does not have a cash receipt or sales receipt;
  • the product is included in the list of goods that are not subject to exchange or return, if this item is not on the list;
  • justification of the reason for refusal by the fact that the store does not have a similar replacement product, or there is no money to terminate the transaction;
  • the client bought a product at a discount that cannot be returned;
  • other grounds for refusal that are not regulated by current Russian legislation.

Thus, if the seller or manufacturer argues his refusal on one of the above grounds, the buyer has every right to make a claim to the store management, write a complaint to the Russian Consumer Supervision, or go to court.

All about returning poor quality goods

The buyer’s right to return low-quality products arises on the basis of the Law of the Russian Federation N2300-1 “On the Protection of Consumer Rights” of 1992. Claims regarding the quality of products are subject to Article 18 of the provisions protecting the interests of buyers.

Article 18 of the RF Labor Code, if defects are detected in the product, the buyer has the right to demand from the seller or manufacturer:

  • fully return the money for damaged products, terminate the transaction;
  • return part of the funds paid (for example, in the amount of compensation for the cost of repairs);
  • exchange the product for a similar item;
  • exchange the goods for a similar item without defects;
  • provide free service.

The law allows claims to be made for technically complex goods within the first two weeks after purchase. Moreover, the day of the transaction is not taken into account. Thus, 14 days are given to submit claims.

Important! After this time, technically complex goods can only be returned for the following reasons:

  • the product contains an irreparable or difficult-to-remove defect that prevents the product from being used for its intended purpose (for example, the phone does not connect to the network, which does not allow making calls);
  • the client made a claim regarding minor defects in a technically complex product within the first two weeks, but the seller exceeded the repair time frame (45 days);
  • this product can only be used in a certain season, time of year (impossibility of using the product for one month without interruptions).

If a technically complex product contains fatal or difficult to eliminate defects, the buyer can return it during the warranty period. If such a period is not established, then the claim must be submitted within a reasonable time, not exceeding two years.

If the seller doubts a manufacturing defect and is sure that the defects were caused by the buyer himself, he orders an examination. But he has no right to refuse to accept a faulty product if there are such suspicions. Client requirements are satisfied only after assessment. If the defects are his fault, the buyer will have to pay the cost of the examination.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

If the examination finds the client to be the culprit, but the client, in turn, is sure of the opposite, the buyer has the opportunity to independently conduct an independent assessment. Next, you can file a lawsuit.

Thus, if the seller sells a product with defects, he is obliged to accept it and fulfill the client’s requirements. At his request, a representative of the retail outlet evaluates the quality of the product. The store must fulfill its obligations within ten days after receiving the claim. The period increases to 20 days during an examination.

Refund by chargeback.

How to write a claim for a refund for a phone after warranty repair, read here.

How to return a fur coat to the store after 14 days, read the link:

Refusal to return the goods to the buyer on the basis of Article 25 of the PPA

1. Goods for the prevention and treatment of diseases at home (sanitary and hygiene items made of metal, rubber, textiles and other materials, medical instruments, instruments and equipment, oral hygiene products, spectacle lenses, child care items), medicines . 2. Personal hygiene items (toothbrushes, combs, hairpins, hair curlers, wigs, hairpieces and other similar products). 3. Perfume and cosmetic products. 4. Textile goods (cotton, linen, silk, wool and synthetic fabrics, goods made from non-woven materials such as fabrics - ribbons, braid, lace and others); cable products (wires, cords, cables); construction and finishing materials (linoleum, film, carpets and others) and other goods sold by the meter. 5. Sewing and knitted products (sewing and knitted linen products, hosiery products). 6. Products and materials in contact with food, made of polymeric materials, including for single use (tableware and kitchen utensils, containers and packaging materials for storing and transporting food products). 7. Household chemicals, pesticides and agrochemicals. 8. Household furniture (furniture sets and sets). 9. Jewelry and other products made of precious metals and (or) precious stones, cut precious stones. 10. Cars and motorbikes, trailers and numbered units for them; mobile means of small-scale mechanization of agricultural work; pleasure boats and other household watercraft. 11. Technically complex household goods for which warranty periods are established (household metal-cutting and woodworking machines; household electrical machines and appliances; household radio-electronic equipment; household computing and copying equipment; photographic and film equipment; telephones and fax equipment; electric musical instruments; toys electronic, household gas equipment and devices). 12. Civilian weapons, main parts of civilian and service firearms, ammunition for them. 13. Animals and plants. 14. Non-periodical publications (books, brochures, albums, cartographic and musical publications, sheet art publications, calendars, booklets, publications reproduced on technical media).

Return of quality products

At the legislative level, the buyer has the opportunity to return almost any quality product to the seller. However, this requires several conditions to be met. This rule is regulated by Article 25 of the Law of the Russian Federation “On the Protection of Consumer Rights” N2300-1.

Please note! The buyer has the right to return if the product does not suit him according to individual characteristics, for example:

  • by color, coloring;
  • according to style;
  • by make, model;
  • by size;
  • by size.

Please note that the law does not provide for the return of quality products, but for their exchange. Thus, the client has the right to write a statement in which he requests to exchange the product for a similar or similar item.

Please note! A representative of a retail outlet will necessarily accept quality products if the buyer meets the following conditions:

  • the product has not been used;
  • the product has retained its presentation;
  • the client saved the sales receipt;
  • the buyer has not violated the integrity of the packaging;
  • labels, factory labels, seals have not been torn off the goods;
  • no more than 14 days have passed since the date of purchase.

Thus, if all of the above conditions are met, and the product is not included in the list of products that cannot be exchanged or returned, the customer has the right to demand replacement of products of proper quality.

The law says that in this case the seller will offer to exchange the goods. But if the store’s assortment does not include a product that satisfies the customer’s needs, the buyer has the right to demand a refund. The store is given three days to fulfill its obligations.

Procedure for returning goods

A previously purchased product can be exchanged for a similar product or asked for a refund, even if the item is of proper quality . The exception in this case is food, medicine, some items of clothing and other goods listed in the Federal Law. As a rule, exchange or return of goods is made within 14 days from the day after the actual purchase.

Frequent cases and reasons for returns: the shape, size, color, style or equipment did not fit . Then the selection of another similar product is an exhaustive basis for closing the dispute.

The main thing is to adhere to the following rules:

  1. The product has not yet been used by anyone;
  2. There are no signs of label violation;
  3. All product properties are preserved;
  4. Presentation intact;
  5. There is a receipt (not necessary if there are witness statements or other evidence of purchase of the goods).

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The product return process consists of several stages. As a rule, if a similar product is available, the exchange is made instantly .

If the necessary item is not available, the buyer can choose the following scenarios:

  1. Wait for the arrival of a similar product and only then make an exchange;
  2. Exchange for another product, with an additional payment or compensation for the difference in the cost of the product;
  3. Return the item and receive a refund.

Regardless of the chosen method, the algorithm of actions is as follows:

  1. Drawing up a statement requesting to return (exchange) the product. The buyer files a claim if the product is returned due to existing defects.
  2. Submit the application to the seller. If the authorized person refuses to accept the document, then it can be sent by registered mail, with a request to notify of delivery of the paper . The decision made about the fate of the returned goods must be communicated to the buyer within 10 days.
  3. If the seller or management refuses to exchange the goods or return the money, you should contact Rospotrebnadzor or the court.

How to return a product of poor quality to an online store

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High-quality products undoubtedly meet all the standards described by sanitary standards and GOST. You can return good products purchased through an online store on the basis of Article 26.1 of the Consumer Protection Law.

This provision establishes the conditions for the return of quality goods purchased remotely:

  • the product has not been used, as evidenced by its appearance;
  • the buyer did not violate the integrity of the packaging, did not tear off labels, or factory labels;
  • no more than a week has passed since the purchase.

Please note that the buyer has the right to refuse to purchase an item at any time before its delivery. But if the products have already been received, then it is permissible to terminate the transaction within seven days.

It must be said that during this time the buyer does not need to explain to the seller the reason for refusing to purchase. All you need to do is write a return request.

Remember! If the seller, during the sale of goods remotely, did not notify the client about the rules and conditions for returning quality products, then the period for refusing to purchase increases to three months. This is due to the fact that not every buyer is aware of the nuances of the law regulating the conclusion and termination of a transaction concluded remotely. The seller is obliged to tell his client about this.

When returning products, you must provide proof of purchase.

These include:

  • cash or sales receipt;
  • bank statement about the debit of funds in favor of the online store;
  • testimony of witnesses who were present at the time of the transaction;
  • warranty card, if filled out by the seller (there is information about the date of purchase and store details);
  • screenshot of the user’s personal account in the online store (payment page);
  • photo and video files that record the moment of purchase.

Often, online stores send checks to the customer's email, so it is important to save the letter from the seller.

It must be said that a store representative does not have the right to refuse to accept a quality product to a client just because he does not have a cash register or sales receipt.

What cannot be returned to the online store

According to general rules, the buyer cannot return quality products included in the list of non-food products that are not subject to exchange or return.

But when returning goods purchased remotely, slightly different conditions apply. Thus, the provisions of Russian Government Resolution N55 do not apply in this case.

However, there are goods purchased remotely that are prohibited from being returned to the seller. These include products that are made to order, according to the buyer’s sketches or drawings drawn up only for the client. This is due to the fact that such products cannot be sold in the future.

Attention! If you find defects in a custom-made product, you can safely file a claim and ask for a refund. In this case, the provisions of Article 18 of the PPA apply.

Returning goods of inadequate quality

If the customer discovers defects in goods purchased remotely, he has the right to make demands described in Article 18 of the Law protecting the interests of buyers.

These include:

  • exchange of a product for a similar item;
  • exchange of goods for similar products, possibly of a different color, brand, manufacturer (if the price is different, a recalculation is made);
  • elimination of all existing defects entirely at the expense of the seller;
  • refund of part of the funds paid (reduction in the purchase price of the product or compensation for the cost of repairing the product);
  • termination of the transaction, return of the entire amount paid.

If the client has purchased goods included in the list of technically complex products, they can be returned within two weeks after the conclusion of the transaction. In this case, you can also demand to exchange products or eliminate existing deficiencies. If at the time of submitting a claim there are no items in the store that satisfy the customer's needs, the customer has the right to demand a refund.

You can return technically complex products after a two-week period after purchase only in the following cases:

  • if the product has an irreparable or difficult to eliminate defect;
  • if the product requires expensive repairs;
  • if the seller accepted the product for service, but exceeded the deadlines established by law protecting the interests of buyers;
  • if the consumer cannot use the purchased product for one month (this includes seasonal products);
  • if servicing has been carried out more than once.

Please note that the Russian Federation Law on Prohibition and Regulation regulates the seller’s obligation to accept low-quality products when a buyer makes a claim. If he doubts the reasons for the formation of defects, he orders an examination. The assessment is carried out entirely at the store's expense. However, if the investigation shows that the defects were the fault of the client, the buyer will be obliged to reimburse the cost of the examination.

Return procedure

At the legislative level, there is no single established procedure for returning goods purchased remotely. However, it is recommended to follow the paperwork provided for returning products purchased using the traditional method.

Important! This will help you win your case if the conflict has to be resolved in court:

  • First of all, you need to declare your desire to return the goods. To do this, write a return application and send it by email. Sometimes there is a return form on the site. In this case, you need to fill it out;
  • Next, you need to make an application in writing, that is, on paper. Don't forget to leave copies of all documents;
  • the application and the goods are sent to the seller by courier, Russian post or other delivery service;
  • The last step is taken by the seller. He draws up an invoice for the acceptance of the goods and the return of funds to the buyer. The document is drawn up in two copies. One remains with the representative of the retail outlet, and the second is sent to the client.

ATTENTION! Look at the completed sample claim for the return of goods purchased in an online store:

An example of filling out a claim for the return of goods purchased in an online store (1)

How to get your money back

The process of returning funds directly depends on the form of payment for the purchase. For example, if the client paid for the goods with a bank card, then the seller is obliged to transfer the funds to it.

Thus, there are several procedures for returning funds for goods purchased remotely.

Payment by bank card

If the client paid for the purchase with a bank card, then the refund must be made using it. The money will arrive within three days after the transaction is cancelled.

Please note that if at the time of return the client loses the card for any reason, he has the right to ask the seller to transfer the payment to another account.

Payment via online wallet

Recently, electronic wallets have become very popular. They pay for purchases, utilities, telephony, television, and so on. The rules for returning funds paid for a purchase through an electronic wallet are similar to the conditions for returning funds sent to an account or by bank card.

Often the wallet is replenished at the same moment - after the transaction is cancelled. But at the legislative level, three days are given for making payments.

Cash payment

Payments are made in cash if goods are received by courier or mail. If the client paid for the purchase through a courier, the seller will have to resort to the services of a courier service.

If the buyer paid for the purchase via mail, then a representative of the retail outlet sends a transfer.

The store only refunds the cost of the product. Incidental costs, such as delivery and installation costs, are not refundable. However, the buyer has the opportunity to recover these funds from the seller in court.

Watch the video. Sample claim for a refund for goods of proper and inadequate quality:

Reasons for refusal to return goods

It is the prerogative of every customer to request the return of products. The client can receive a new product or return the money.

If the product is in good condition and there is a receipt, the seller is obliged to respond positively to the customer’s complaint, return the money to him or exchange the old product for a new one. Provided that the products are not included in the list of items that are not subject to exchange or return, compiled based on the provisions of Article 26.1. The legislation of the Russian Federation specifies the conditions under which the product cannot be returned.

Their list includes:

  • Item on the list of items that cannot be returned;
  • More than 14 days have passed;
  • There is no proof of purchase of the product. The consumer has lost the receipt, warranty card and other documentation;
  • A product purchased in a store is of poor quality and has defects after unpacking. Products of poor quality cannot be returned if they were purchased in excellent condition.

If one of the requirements is violated, the supplier does not have the right to accept back the purchased item.

By the way, information on the period for returning goods (according to the consumer protection law) is available here.

Official refusal to return the goods

If, after purchasing a product, it turns out that it is of inadequate quality and is not suitable in size, shape or color, the consumer can return it or exchange it for another, relying on Article 18 of the Consumer Rights Protection Law. The client can order examination services.

If the expert determines that the product is indeed defective through no fault of the consumer, the supplier replaces the product. Legislation is on the consumer’s side, provided that the rules for transferring the product are followed.

The supplier, without violating the requirements of the Legislative Framework, may refuse to accept the product if:

  • The buyer returns the goods of inadequate quality;
  • The consumer is trying to return things that cannot be returned by law: medications, building materials, perishable products, jewelry, perfumes and chemicals, polymer preparations that have a technically complex composition that is harmful to the body, representatives of the animal and plant world, printed materials;
  • If the products are difficult to make. Products that are difficult to produce: automotive products, weapons, household appliances;
  • The deadline for submitting an application to return the item has expired.

Even if the buyer writes a complaint against a supplier who does not want to exchange the purchased item or return the money, the seller will be right, relying on the reasons that are enshrined in the Legislative Framework. If one of the requirements is not met by the buyer, the supplier’s refusal to change products or return money is a legal decision.

Refused to return goods within 14 days

The buyer does not have the right to demand the return of an item if the acceptable period for carrying out the procedure for exchanging the item and returning the money has passed. Despite the proper quality, the saved receipt, or even the inadequate quality of the product, which occurred due to the fault of the consumer.

Based on the provisions of the Law, the client will not receive a new item in return and will not be able to withdraw money if the two-week period from the date of purchase has passed.

Refusal to return goods without a receipt

The presence of a receipt is an important attribute of the procedure for returning a product item to a store. If the customer does not have paper proof, the supplier has every reason to refuse and not accept the product back.

Regardless of the proper or improper quality of the thing. The legislative framework exempts the supplier from returning money and exchanging goods if the buyer does not have evidence that the item was purchased in this particular place.

Claim due to refusal to return goods

Every buyer should know how to properly file a claim. Unforeseen situations often force consumers to file a complaint. The claim is written taking into account:

  • Descriptions of the conditions under which the commodity item was purchased;
  • Dates of purchase;
  • The full characteristics of the product are described: name, brand, article number, serial number, size, shape, color, additional equipment;
  • The interested party must describe in detail the fact that the purchased products are of poor quality and cannot be used;
  • Based on articles of legislation, the consumer has the right to implement his request for a replacement product or a refund. You can return a product item if the legal conditions described by Rospotrebnadzor are not violated.

The complaint must be submitted within 14 days from the date of purchase of the item.

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How to file a claim with the seller if you are refused

If the seller refuses to accept the goods, the generally accepted procedure must be followed.

Moreover, it does not matter what product you are returning: a quality item or a defective product:

  • First of all, you need to write a complaint addressed to the store management. It is compiled in two copies. In the document, be sure to refer to the current legislation of the Russian Federation. If you are returning a high-quality product, then justify your actions on the basis of Article 25 of the RF Law of the Russian Federation, if the product is defective - Article 18 of the RF Law of the Russian Federation;
  • When writing a complaint, be sure to limit the time frame for the seller to fulfill his obligations. The legal period is ten days. It is impossible to set less than this period, but exceeding it is allowed;
  • submit the claim through a representative of the retail outlet under his personal signature. If the seller refuses to accept the document, the paper is sent by Russian Post by registered mail with notification. The receipt of receipt is considered evidence of acceptance of the claim;
  • If the claim is sent by mail, the deadline for fulfilling the requirements is extended by the delivery period. The date of receipt is considered the starting point.

Please note that the seller has the right to review the document within ten days. If it is necessary to carry out an examination of the product, the period increases to 20 days.

ATTENTION! View the completed sample claim for the return of defective goods:

Example of filling out a claim for the return of a defective product (1)

When should the money be returned?

The exact deadlines for the fulfillment of obligations by the seller are described in Article 22 of the Law on the Protection of Consumer Rights. The representative of the retail outlet is given 10 days from the date of receipt of the claim to return the funds paid.

If the seller needs to establish the reasons for the defect, the period increases to 20 days. This is because an assessment needs to be done. However, if the seller does not conduct an examination, but fulfills the requirements after the twenty-day period, the client has the opportunity to recover a penalty from him for late fulfillment of obligations.

The examination is carried out entirely at the expense of the seller. If, as a result of the assessment, it turns out that the defects were caused by the buyer, then the cost of the investigation is recovered from the client.

What to do after filing a claim

Important! If the seller categorically refuses to accept previously sold products, there are two options for further action:

  • write a complaint to the Russian Consumer Supervision;
  • file a claim in court.

In any case, before contacting higher authorities, you must try to resolve the conflict yourself. To do this, write a claim addressed to the company’s management and wait the due date. If the store director does not want to negotiate peacefully, you can write a complaint or lawsuit.

The Russian Consumer Supervision Service is contacted if the client does not want to participate in the legal process. The authority's employees will conduct an inspection and, if violations are detected, oblige the seller to fulfill the client's requirements.

If the buyer wants to recover the cost of the goods from the store, as well as compensation for costs and moral damages, it is necessary to send a statement of claim to the court.

The client has the right to demand payment of a penalty for each day of delay in fulfilling requirements in the amount of 1% of the price of the product.

Application to Rospotrebnadzor

In order for employees of the Russian Consumer Supervision to be able to fully assess the legality of the buyer’s demands, it is necessary to draw up a complaint competently from a legal point of view.

There is no single unified form of the document, but there is information that must be reflected in it:

  • name of the body to which the complaint is filed;
  • position and full name of the person to whom the complaint is sent;
  • applicant's details, last name, first name, patronymic, place of residence and contact telephone number;
  • information about the seller (name of the store, full name of the manager, location of the outlet, legal address, contact phone numbers);
  • a detailed statement of the problem with an exact description of the sequence;
  • client requirements to the seller;
  • legislative justification of requirements for the seller;
  • requirements for the body;
  • a list of documents attached along with the complaint;
  • date of document preparation and signature.

Be sure to indicate the exact method by which you will respond. In addition, indicate the address to which the agency employee will send you the letter.

All documents that confirm the applicant’s words are attached to the application. The body's employees have the right to consider the complaint within one month.

ATTENTION! Look at the completed sample complaint to Rospotrebnadzor against the seller:

Example of filling out a complaint to Rospotrebnadzor against a seller (1)

Statement of claim to a judicial authority

The statement of claim is drawn up according to the model developed by the territorial divisions of the authority.

However, the applicant has the right to independently draw up the document, taking into account the information required to be reflected in it:

  • name of the judicial body, its territorial purpose;
  • Full name of the judge;
  • Full name of the applicant, his address of registration, residence, telephone number for contact;
  • Full name of the store management, name of the outlet, its location, legal address of the organization;
  • detailed, consistent presentation of the problem;
  • legally valid requirements for the seller;
  • cost of claim;
  • a list of papers attached along with the application;
  • date of document preparation and signature of the applicant.

ATTENTION! Look at the completed sample statement of claim for the return of goods of good quality:

Important! Lawyers advise attaching the following documents to the statement of claim:

  • a second copy of the claim sent to the store management, or a copy thereof;
  • sales receipt or other proof of purchase;
  • ready assessment results, if available;
  • documents evidencing the conduct of a pre-trial procedure for resolving the conflict;
  • other documents that will help prove a violation of the plaintiff’s rights.

ATTENTION! Look at the completed sample claim to the court for the exchange of goods of inadequate quality and compensation for moral damage:

An example of filling out a claim to the court for the exchange of goods of inadequate quality and compensation for moral damage (1)

How to Refuse to Return a Product


How to Refuse to Return a ProductIf you are not satisfied with the product, you can always refuse it.
These are the words that supermarket and store sellers often accompany us with. And indeed, the law stipulates that if this or that item does not suit you, you can always exchange it or return it, receiving in return the amount of money spent on the purchase. But there are situations when the store administration cannot do anything other than refuse to return a product of proper quality to the buyer. In what cases is return and acceptance provided:

• the packaging of the goods has been preserved, that is, the item has not lost its presentation; • more than 14 days have passed since the purchase of the goods; • the product is damaged or faulty for some reason, but the sales receipt indicating the date and amount of purchase has been retained.

There are also many other reasons for returning goods of good quality. The law governing consumer rights describes in detail all the cases in which the buyer can make a return.

But still, how to refuse to return a product? If you have a situation in which you do not know what to do legally, you first need to consult with specialists. Practicing lawyers are ready to help at any time convenient for you. Online consultations are the most convenient way. In addition, it is available not only to residents of Moscow and the region, but also to citizens of other regions of Russia.

As a rule, stores have entire informative stands to familiarize customers with the rules for returning goods of good quality. Situations are really different, and buyers are also different - it’s impossible to foresee everything. Sometimes it even comes to litigation. Therefore, store owners should give clear instructions to sellers. They must know perfectly the most basic provisions of the law on the exchange of goods, how to refuse to return goods of proper quality, and what documents need to be drawn up in a given case. By conducting briefings every month, taking into account all the innovations in the legislation, the owner will not only protect himself from unexpected situations, but also from unnecessary costs.

However, if you have a controversial situation in which you cannot legally formalize a return, or you have a question about how to refuse to return a product, seek advice from professionals. Our specialists will help you resolve all controversial issues and advise you on all the subtleties and details personally in your situation. Don't delay. Contact us for an online consultation, which is available around the clock for residents of Moscow, the region and other regions of Russia.

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