Sample claim for return of shoes of inadequate quality

Conditions for returning shoes

Thus, the return of shoes and any other non-consumer goods can be carried out if:

the product has not been used;
preserved the appropriate appearance for further implementation;
target functions are not impaired;
manufacturer's seals and markings are preserved;
there is a receipt or other document confirming the purchase in this particular store, or testimony of witnesses.

The consumer must contact the seller for a replacement or refund for the purchased shoes within a period not exceeding 14 days from the date of purchase. However, this is a general period. In addition, shoes must be returned due to damage and non-compliance with the declared quality during the warranty period provided by the manufacturer or seller.

It should be borne in mind that the warranty period for shoes provided by the manufacturer is not counted from the moment of purchase, but from the onset of a particular climatic season for which the shoes are intended.

The seller has no right to establish other conditions for the return of boots or shoes. In addition, even if all return conditions are not met, the buyer has the right to file a claim for low-quality shoes directly with the administration of the relevant store or boutique.

Step-by-step instruction

What do you need to have on hand?

Having decided to return to a shoe store to exchange goods, you need to consider:

Having a payment document on hand. This can be a cash register or sales receipt, or an electronic receipt (if paying online). If there is no receipt, the buyer can refer to the testimony of witnesses.
Availability of packaging. It is necessary to prove the fact of purchasing the goods in this store. If it is lost for any reason, the same receipt will serve as proof. Those. the lack of packaging is not critical.
Safety of labels, stickers, price tags. Also additional proof of purchasing shoes from a specific seller. But if they are torn off and disposed of, the seller does not have the right to refuse an exchange. The buyer only needs to prove the fact of purchase in this store. For example, you can involve witnesses or use CCTV footage.

All of the above applies to both the return of shoes of proper quality and defective shoes.

Making a claim

It is important to remember that many stores are so loyal to customers that they can exchange shoes simply on their word of honor . Documentary evidence is not always needed. It is enough to simply declare your desire to exchange.

But there are also sellers who will try until the last minute not to meet the buyer halfway.

In this case, it is better to file a claim. In this case, you can draw it up immediately before the first request to exchange shoes.

Claim is a document in which the buyer describes the requirement to the seller, indicating all the facts and attaching the necessary evidence.

It must be compiled in two copies. One is given to the seller, the other remains with the buyer.

What needs to be included in the document:

Full name, passport details of the applicant, address, telephone;
name of the seller (store);
describe the problem(s);
indicate the requirement (i.e. what the buyer wants to achieve);
indicate references to the law that governs the applicant;
attached documents (you only need to give copies to the seller, keep the originals);
a note on acceptance of the claim (put by a store representative on the buyer’s copy - date of acceptance, signature of the employee with a transcript).

The mark on acceptance of the application is legally important . Because if there is no mark, and the seller states that he was not contacted, it will be problematic to prove the opposite. And time will pass.

There are often cases that the store does not accept the document. Then it can be sent by registered mail with a description of the attachment.

Or you can invite a person you know to personally serve the claim, who will later be able to confirm in court that the claim was made, the claim was left, but the mark was not made. The claim procedure for resolving a dispute about shoes is not mandatory .

Expertise

According to the law (clause 5 of Article 18), the store is obliged to take back the defective product for exchange. If the need arises, he is also obliged to conduct a quality check.

By verification we mean:

the seller will determine on his own whether there are deficiencies, when they arose and for what reasons (a report must be drawn up based on the results);
engaging a specialized expert to determine the marriage and its causes.

It is understood that the seller must pay for the examination or his own inspection.

But unscrupulous sellers often refuse this and offer the buyer to carry out the examination at his own expense. They do not have the right, but in practice this is exactly what happens.

What can the client do here?:

Conduct an examination on your own initiative. In this case, he will be able to select the most favorable price offer among expert organizations. Then he pays and makes sure to keep the payment receipts. If the client is right, the store will have to pay all costs incurred.
Go to court with a claim in which you demand an exchange, and also demand that the store be obliged to conduct an examination.

What does an expert do? He reveals the reason for the marriage. For example, it is factory-made or acquired during operation by the buyer. He enters all the data into the expert report.

By law, the buyer can be present during the inspection. If you do not agree with the conclusion, you can challenge it in court.

You can conduct an examination without filing a claim and present it to the seller. And in case of refusal, file a claim.

How long after filing a claim must the buyer receive a refund?

If the seller agrees to the exchange, the shoes must be returned to the seller . This is done on the basis of the Goods Acceptance Certificate, which must describe the type of shoes being transferred. One copy for each side.

To respond to the claim and return the money, 10 days are provided from the date of its filing.

It is important that if an inspection is necessary, the period allocated for return increases to 20 days.

In what cases can shoes be returned?

Reasons for return may be the following cases:

Shoes may not fit in size or other parameters, while being of high quality. Quality in this case has no role. The main thing is that the shoes are not used.
Detection of factory defects. Such shortcomings may include holes, unpainted areas, incorrectly sewn seams, different colors and lengths of laces, and much more, depending on the type of shoe.
If the product deteriorates during the warranty period. This is the most sensitive and disputed case by sellers. But still, providing a warranty period implies the return and replacement of shoes if they are damaged.

The first two situations are extremely clear and do not raise additional questions for sellers during the return process. But the third one in more than 40% of cases disappoints consumers on the part of sellers. Of course, the problem can be solved by filing a statement with the court or Rospotrebnadzor, but most prefer to avoid such difficulties.

In the first two cases, the law provides for unconditional return by the person who sold the goods, provided that the person who purchased the goods complies with the return conditions. The result of a return can be either a replacement of shoes with a different model or a refund.

How to return shoes to the store - step-by-step instructions

What actions need to be taken to return shoes? Just follow the following instructions:

You need to go to the store and ask about the possibility of a return. If there are sufficient reasons, sellers themselves return the money or offer to replace it with another model.
If the seller refuses, then a written claim must be submitted. A sample claim for returning shoes may even be available in the store. You can often obtain the corresponding form there. It is advisable to keep a copy of the document for yourself.
Even if after a return claim the seller refuses to return the money, an independent examination must be carried out.
For the second time, we attach a report on the examination performed to the claim and add a requirement for compensation for the cost of the examination.

Is it possible to return shoes of inadequate quality according to the law?

And this responsibility rests entirely with the consumer. According to the law of the Russian Federation, the consumer is obliged:

You must write an application and attach a check to it.
Must have justifiable reasons for demanding the return of money;
Prove that the item was purchased in a store;

In most cases, the seller requires an examination to confirm the quality of the item. Returning shoes to the store after wearing them for a short time is possible if they are found to have defects that were caused by the manufacturer.

According to Article 25 of the Law “On Protection of Consumer Rights”, during the guarantee, the buyer can exchange the purchase for money. Returning shoes of inadequate quality after the warranty period is also possible. However, the buyer will be required to immediately provide proof of factory

If the shoes were purchased at the market

When shoes were purchased at a market or other place where sellers operate without a personal license, you must contact the market administration. However, this does not guarantee a return, since sellers on the market do not operate regularly and can terminate it at any time at their own request or due to other circumstances.

Usually, even on the market, conscientious and regular sellers make returns without unnecessary claims, since there is no need for unnecessary attention from government agencies to them.

But still, if the seller refuses, the best solution would be to contact the consumer protection authorities.

On what grounds can you legally return shoes to the seller?

Special rules apply to transactions involving the purchase of goods at retail. They are subject to the provisions of Law No. 2300-1 on the protection of consumer rights. Its rules provide buyers with the opportunity to refuse a transaction after it has been completed. The purchase is returned to the shoe store if certain requirements are met. Their list depends on the reasons why the buyer wants to return the purchased shoes back.

The above law establishes two cases when the goods:

if shoes of poor quality were sold;
if the quality meets the standard, but the shoes do not suit the buyer in any other way.

Article 18 deals with cases where, after purchase, some defect was discovered in the shoes. If there is a defect, buyers have the right to ask the seller for the following:

exchange a purchased pair of shoes for the same one (same brand, model, article number);
exchange a previously purchased pair for shoes of a different brand, model, article, calculating a new purchase price if necessary;
a reduction in the price available for a product;
demand from manufacturers, persons who sold the goods, to correct defects or pay the costs incurred by the buyer to eliminate them;
refuse the concluded contract and demand a refund of the money paid.

Consequences for the seller

If the seller refuses to return the money for sneakers or sandals, or replace the low-quality model with a model of adequate quality, consumer rights protection authorities, at the request of the injured person, are obliged to conduct an investigation into the violation. This may have the following consequences for the seller:

if the quality characteristics of the shoes were exaggerated at the time of sale, then the state body will hold the seller administratively liable and impose a fine on him in the amount of: if this is an individual - from 500 to 1 thousand rubles, if a legal entity - from five to ten thousand rubles;
in addition to the return of funds, the person who sold the goods of inadequate quality must compensate for all losses caused to the buyer;
at trial, the court must recover from the store an amount equal to 50% of the amount awarded to the consumer.

In any case, in order to fully compensate for your losses, you must prove the fact that the shoes do not meet the declared quality or the unlawfulness of the refusal to return the money.

Sample claim for reimbursement of the cost of a damaged item during paid repairs

B (name of the organization LLC or individual entrepreneur from the contract) Address from the Last Name First Name Patronymic Address for sending a response Contact telephone number Claim.

“___” On _________ 201__, I entered into agreement No. ____ with you for the provision of repair services, the name of the item being repaired.

The cost of services under the contract is _______ rubles, paid by me in full ___.___._____. During the repair process, indicate that the item was damaged, broken, stolen, etc.

The cost of the item is ______ rubles. Part 1 of Article 35 of the Law of the Russian Federation “On the Protection of Consumer Rights” stipulates that if the work is performed in whole or in part from the material (thing) of the consumer, the contractor is responsible for the safety of this material (thing) and its correct use.

In case of complete or partial loss (damage) of material (thing) accepted from the consumer, the contractor is obliged to replace it within three days with a homogeneous material (thing) of similar quality and, at the consumer’s request, produce a product from a homogeneous material (thing) within a reasonable time, and if In the absence of a homogeneous material (thing) of similar quality, reimburse the consumer twice the price of the lost (damaged) material (thing), as well as the costs incurred by the consumer.

In what cases are shoes not eligible for return?

In some cases, even poor-quality shoes cannot be returned or replaced, or repaired free of charge. These are the following cases:

The shoes are worn, are returned with defects and are obviously worn out of season.
There are damages or signs of deterioration that appeared as a result of mechanical impact on the shoes. Such damage can be burns, cuts, etc. Also, shoes with damage resulting from the actions of the buyer cannot be returned.
The shoes underwent repairs that caused defects before being returned to the store. However, repair actions that do not violate the integrity of shoes are not included in this series.
In cases where both the period specified in the Law “On the Protection of Consumer Rights” and the warranty period specified by the manufacturer or seller are missed.

Sample claim for return of defective shoes

Sample claim for the return of low-quality shoes during the warranty period.

To the head of LLC “Seller” (indicate the full name of the seller company, which is indicated on the receipt)

City name, street Street name, 70 (indicate the seller’s address at the place of purchase or his legal address)

from Zakharova Olga Nikolaevna, (indicate your full name)

living at the address: city name, st. Street name, no. 607, apt. 89 (indicate your postal address)

tel. 1234567 (indicate your phone number to contact you)

CLAIM

(Indicate date) in your store (name of store) on the street. Street name no. 70 I bought winter boots made of white genuine leather worth 4,500 rubles (look at the box for the exact name of the product and its article number and indicate it in the claim).

The warranty period for boots is 30 days, as evidenced by the warranty card issued upon purchase of the shoes.

During operation, during the warranty period, cracks appeared on the surface of the boots, and the sole on the right half pair partially peeled off. Ultimately, the shoes turned out to be unsuitable for use, because... it has lost its aesthetic appearance and is constantly getting wet.

Guided by Article 18 of the Law “On the Protection of Consumer Rights,” I demand that they accept my boots of inadequate quality and return the money to me for the paid goods within the time limits established by Art. 22 of the Law “On Protection of Consumer Rights”.

If it is necessary to conduct a quality check of shoes in order to determine the causes of deficiencies, please notify me in advance of the date and place of its conduct so that I can be present at the quality check procedure.

I propose to satisfy my claim pre-trial within 10 days in accordance with Art. 22 of the Law “On Protection of Consumer Rights”.

If my claim is rejected, I will be forced to turn to consumer protection organizations, and then to court to protect my consumer rights, where I will also demand payment of a penalty for untimely fulfillment of my requirements specified in this application, compensation for moral damages and a fine.

Application:

1.Copy of the receipt (if available)

2.Copy of the warranty card (if available)

signature

date

Important points:

It is better to make such a claim in two copies, so that one copy is given to the seller, and the second copy with the seller’s mark of delivery is kept.

Any employee of the store where you purchased the shoes can put a mark of delivery, the main thing is that the store employee signs your copy, indicates his name and the date of receipt of the claim.

If the store employees do not accept your claim, you have the right to go to the buyer's corner, which should be in every store, and check the postal address there to send correspondence addressed to the head of the organization or individual entrepreneur - the owner of this outlet, to send the claim by registered mail with notification by mail.

If you purchased shoes at the market and the seller does not accept your claim, you should write a complaint against the seller to the market administration to find out information about the name and TIN of the seller, and then seek help from a consumer rights organization.

Brief summary

In general, the consumer is always right. But it is still necessary to provide a brief description of all possible events:

Absolutely any consumer has the right to return sold low-quality shoes and demand a replacement or refund of the money paid for them within two years from the date of purchase. However, the return conditions do not change over time;
If the shoes are covered by a manufacturer's or seller's warranty, then if the shoes are returned during the warranty period, the compliance of the shoes with the declared quality must be proven by the person who sold them. If this period has expired, then the burden of proof passes to the person who purchased the shoes;
If the examination was carried out by the seller, and the buyer does not agree with the results of the examination, then he can challenge this expert opinion in court;
It is recommended to negotiate with any seller in writing. When filing a written claim, it is best to make a copy and obtain a copy from the seller indicating the date the claim was served. This will save you from further proof of filing a claim in court or an authorized body.

The main thing in relationships with stores and market sellers is to maintain a conversation with an indication of the legislation and your right to contact government agencies.

Any entrepreneur understands perfectly well that unnecessary interference of government bodies in their affairs will entail considerable costs in the form of fines and other sanctions. For this reason, if a consumer feels threatened by a complaint or application to the court, an entrepreneur will most likely replace the product or return the money, which will provoke a conflict situation with government agencies.