How I handed over defective shoes without a receipt and warranty

Often, after returning from the store with something new, people realize that they acted recklessly and bought something they didn’t want. For example, a new pair of boots does not match your outerwear, the shoes squeeze or rub your feet too much, the heel seems unstable, or after a thorough inspection a manufacturing defect was discovered on the boot. In accordance with the PZPP, the buyer has the right to return the product back and take the money or exchange it. But what to do if the payment receipt is lost? Is it possible to return shoes without a receipt in such a situation?

Federal Law No. 2300-I

Relations between sales consultants and buyers are regulated by the Law of the Russian Federation. This document is used to resolve conflict situations or protect interests. The provisions of the regulatory legal act state that the buyer has the right to return the purchase back within the period established by the Civil Code of the Russian Federation. There may be several reasons for a return. In case of refusal to satisfy the requirements, the client can file a complaint. In case of conflict situations, it is better to prepare all statements in several copies and have everything certified.

A second copy of the complaint with the signature of the person receiving the document or the seal of the store will be required to contact Rospotrebnadzor or the judicial authorities if it was not possible to resolve the issue peacefully. Federal service employees can be contacted for advice on further actions.

Usually, if the buyer notifies the management of the shoe store that he intends to complain to higher inspectors, the situation is resolved without fuss or litigation.

The PZPP gives clients the right to:

• reimbursement of the purchase price;
• compensation for moral damage caused;
• payment of penalties.

According to the law, in case of failure to comply with the requirements specified in the application, the client has the right to demand payment of a penalty. This can be done after 10 days after filing a written complaint.

Warranty periods

The exact warranty period is not specified in the ZPPP.
However, Article 19 states that the client can write a complaint about the return no later than 14 days from the date of the transaction. In addition, the warranty period depends on the type of shoes purchased:

1. All-season shoes can be worn all year round, regardless of weather conditions. This type of footwear includes shoes, house shoes and sports shoes.
2. Seasonal shoes are worn for 1-2 seasons. In autumn and spring, women often buy light boots or eye-catching high-heeled boots, while in winter preference is given to more practical shoes with flat soles.

The beginning of the warranty period for all-season shoes is the date of purchase, and for seasonal shoes - the onset of the corresponding season.

The climatic conditions in which the product will be used are also taken into account.

The period during which the buyer can, in the event of discovery of hidden defects, file a claim with the seller is established by law. No retail outlet has the right to change it.

How to return an item to a store under warranty

To return or replace durable goods if a defect is discovered during the warranty period, you must contact the seller in writing. The absence of a cash receipt is not a reason to refuse claims. The fact of purchase is confirmed by a bank statement if the client paid by card, witness statements, and recordings from CCTV cameras.

Complete the application in two copies

It is written in any form or according to a sample in the name of the store manager. The last name, first name, patronymic of the applicant, his address and telephone number are indicated.

The situation is described in detail: when, where, by whom the goods were purchased. The name of the product, brand, manufacturer, model and cost are given, details of the contract if it was concluded in writing, defects of the product are listed if it is returned due to defects.

In conclusion, you must indicate one of the requirements: return or replacement of the product.

At the end, the attached documents are described, dated and signed.

The application is drawn up in two copies and handed to the seller or other official of the outlet.

On the applicant’s copy, the store employee puts a date, signature and incoming document number, seal or stamp with a mark.

If the store refuses to accept the claim, it is sent by registered mail with notification and a list of the contents.

The seller is obliged to fulfill the buyer's request within 10 days from the date of receipt. If this deadline is violated, he is obliged to pay a penalty in the amount of 1% of the purchase price for each day of delay.

Good quality

Return algorithm:

1. Write an application for replacement or return in 2 copies (reason: color, style, size is not suitable). Duration: 14 days from the date of purchase. It is indicated that the goods have not been used, all tags and labels have been preserved, there is no cash receipt, but there are other proofs of purchase (specify which).
2. The application is sent to the seller. The buyer's copy is marked with acceptance.
3. In case of replacement, the issue is resolved on the spot.
4. Money is returned within 3 days.
5. In case of refusal to accept the application, it is sent by mail. Wait 10 days for an answer.
6. The seller does not want to accept the purchase - a complaint to Rospotrebnadzor, a statement of claim to the court.

Defective

Return algorithm:

1. Write an application in 2 copies for replacement or return of an item of inadequate quality (list the defects). There is no cash receipt, but there is other evidence of purchase (please indicate which). Expiration dates - must not pass the expiration date; warranty; 2 years - if not detected or less; service period or 10 years if not specified.
2. Technically complex product: replace and return money - 15 days from the date of purchase.
3. The claim is handed over to the seller. The buyer's copy is marked with acceptance.
4. Replacement - within 7 days, up to 20 days upon inspection, 30 days if such product is not in stock.
5. Refund - 10 days.
6. If you do not want to accept the application, it is sent by mail. Wait 10 days for an answer.
7. They refuse to return it - a complaint to Rospotrebnadzor, a statement of claim to the court.

Returning shoes of good quality without a receipt

The legislation of the Russian Federation provides for certain cases that make it possible to return purchased products back.

If you have the original branded packaging and payment receipt, there should be no problems, but how can shoes be returned without a receipt?

In Art. 25 of Law No. 2300-I states that you can return shoes without a receipt if:

• the size turned out to be inappropriate;
• didn't like the color;
• the form turned out to be uncomfortable.

It doesn’t matter at all which of the listed reasons was the reason for the return, the main condition is the absence of any flaws.

The same article states that the buyer is given the right to exchange the product if it was purchased no more than 14 days ago. The exchange is made for an item that meets the consumer's requirements.

Conditions for returning quality shoes

If the reason for the return is the wrong size, the customer must ensure that the condition of the product is satisfactory. Returned shoes must meet the following requirements:

1. Clean sole, no obvious signs of wear.
2. The absence of stains, abrasions, scratches and other signs indicating that the product has been used.
3. Availability of labels and branded packaging.

The seller has every right not to accept the product back and not to return money for it if the pair of shoes appears worn or shows signs of use.

Is it possible to return shoes without a receipt or exchange them for another model? The absence of a payment receipt is not a reason for refusing to satisfy consumer claims. The problem is that the buyer has to prove the fact of purchase.

You can do this using:

• witness statements;
• bank statement if payment was made by bank transfer;
• a duplicate of the sales receipt, which must be stored for a certain time in the internal database of the retail outlet;
• information about the movement of goods, which is displayed in the internal accounting program in the store.

If the product was purchased in an online store, it is much easier to prove the purchase. Debiting funds from the card for non-cash payments is reflected in the bank statement. If the payment was made through terminals, the payment is confirmed by a report that the store management sends to the client’s e-mail. Information about delivery times and costs of ordered products is also sent by email.

The situation with returning goods without a payment receipt is clear, but there is another question that is of interest to many buyers. Is it possible to return shoes without the original box if they were purchased less than 14 days ago? Lack of packaging can be considered a sign of wear. In addition, store employees may be skeptical about microscopic scratches or cracks that appeared during fitting. As practice shows, in the absence of a box, stores rarely accommodate the customer halfway.

How to return shoes without a receipt and is it possible to do this?

The question of whether it is possible to return shoes without a receipt, from the point of view of a psychologist, seems purely feminine. The main difficulties with shoes often arise among the fair half of humanity. They always require more pairs and varieties than men. These are the features of female psychology and fashion requirements that they always pay attention to. Women are special creatures, with a fine organization of the soul, a penchant for spontaneous purchases and negligence towards all sorts of organizational details. A woman, unlike a man, is rarely interested in the warranty period of the thing she likes, and is less aware of all the subtleties and procedural norms (unless, of course, she is a non-professional lawyer).

It is difficult to imagine a man who, when buying expensive shoes, does not put the purchase receipt in the factory box. But a woman who thoughtfully crumples her purchase document, looking at the shoes or sandals she liked and has already purchased, can be seen every day near a shoe store or department store. Returning shoes without a receipt, lost during other purchases, or thrown away at the exit from the store, becomes a terrible reality when at home it is discovered that the shoes are too big or too small, radically do not match the color of the entire wardrobe, or have a very uncomfortable last when walking. In the bustle of a store, you might not even notice a small manufacturing defect, especially if there were a lot of people and the shoes were being snapped up like hot cakes at a discount or promotion. A minimum amount of legal knowledge suggests that in order to return you will need the main document for the goods. But it got lost in the shuffle or was thrown into the trash by the lucky owner of a new pair. And here comes the time of painful thoughts (sometimes tears), which ultimately boil down to one single question: how to return shoes without a receipt, and is it possible to do this.

Returning defective shoes without a receipt

If an item has been offered for sale at a reduced price due to any defects, there can be no question of returning it. In such situations, the law will 100% be on the side of the retail outlet. Shoes of inadequate quality can only be returned if the seller deliberately hid from the buyer the fact that there are defects.

Having dealt with the return of quality goods, let's move on to the question of whether it is possible to exchange shoes without a receipt if they do not comply with GOST. According to Art. 18 of Law of the Russian Federation No. 2300-I, the seller has no right to refuse to accept defective goods without original packaging or a payment receipt.

The buyer may require:

1. Replace shoes.
2. Return the money.
3. Pay for repairs.

Shoes are considered to be of poor quality if a store employee deliberately concealed important information for the client, resulting in moral harm.
In accordance with Article 8-10 of the Law of the Russian Federation, the buyer must be provided with reliable information about the product (where, by whom, from what materials the product is made).

An employee of a retail outlet is prohibited from:

• passing off a Chinese-made product, for example, as made in Italy;
• offer demi-season shoes instead of winter ones;
• intentionally convince the client that the product is made of genuine leather, although in fact substitutes were used for its production;
• omit information that the model is not intended for everyday wear.

After conducting an independent examination and discovering such shortcomings, the buyer has every right to return the product back and claim the money spent. In addition, in such a situation, the client may claim compensation for moral damage caused to him.

The seller may also be interested in conducting an examination if he is confident in the quality of his products. The client is notified of the results obtained within 10 days.

Law on Consumer Protection

According to paragraph 5 of Article 18 of the PZPP, the client’s lack of a cash receipt or other document certifying the fact and conditions of the purchase is not a reason to refuse to satisfy his requirements.

In accordance with Art. 493 of the Civil Code of the Russian Federation, a purchase and sale agreement is considered completed from the moment of issuance of a sales (cash) receipt or other document confirming payment.

Why does a buyer need a cash document?

It must indicate the seller’s details, date, time and address of payment, name and quantity, price, cash or non-cash form of payment.

Free HOTLINE:

Moscow time 8 (499) 938 6124

St. Petersburg 8 (812) 425 6761

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Important! If desired, the client can request that the check be sent to his email. This version will have the same legal force as the paper version.

The receipt is important to the buyer because it confirms the reality of the purchase, deposit of funds and proves that the person is the owner of the specified product or thing.

Returning shoes without packaging and documents

Before making a fuss, you should try to resolve the conflict situation peacefully. To do this, you need to make a written statement and politely ask to exchange the defective or simply unsuitable product for some reason. If the client is not interested in exchanging shoes and simply wants to return the money spent, this must be reported in the letter.

Consumers are often interested in the question of whether it is possible to change shoes without a sales receipt if the box is missing. This can be done, but it will require the support of witnesses. Where can you find them? A person who bought the goods at the same time as you can act as a witness. If such people are not found, you will have to enlist the support of the seller who completed the sale operation.

In order to prove the fact of purchase, the client needs to collect all the remaining documents.

When requesting the return of shoes, the customer must provide the seller with:

1. A statement indicating your requirements.
2. Identity document.
3. Testimony of witnesses recorded in writing.
4. Any papers on the basis of which the fact of purchase can be proven. It could even be part of a cash receipt.

If the seller refuses to accept the shoes back, the client needs to file a complaint with management or write a complaint to Rospotrebnadzor or OZPP. If supervisory authorities do not help in resolving the issue, the buyer has the right to file a claim with the judicial authorities.

Return shoes without box and receipt

According to paragraph 5, art. 18 of the Law “On Protection of Consumer Rights”, shoes can be returned to the store without a box or receipt. But for this you will have to take a number of procedural steps, and it is best to consult with a public organization that will be willing to do this. To receive money for a quality product that has no complaints, but it did not fit, you must:

• bring a real witness who was actually present when the act of purchase and sale was completed (no one has yet canceled liability for perjury, and the case may go to court);
• write an application for termination of the deed of sale and purchase in two copies, which contains a reference to the relevant paragraph of the Law;
• come to the store with a person who would be present when submitting the application, and even better, record the actions of the administration and staff;
• Leave one of the two copies in the store, ask for a resolution on the second copy about the seller (administrator, owner, person who carried out all the actions);
• send the shoes for an independent examination in order to detect a hidden defect;
• Cover your actions in the media and wait for the results of an independent examination.

Perhaps she will find some hidden defect, on the basis of which not only the money for the product will be returned, but also the cost of the research performed. Since trade organizations are aware of the fine that is imposed if the claims are justified and were not resolved upon the first appeal by mutual agreement, it is likely that the money for the shoes will be returned without waiting for claims and acts.

The second option is if the packaging was missing at the time of sale, and the presentation was the same as at the time of return to the store. For this, you will also need a witness who will confirm that the new product was sold in the same improper condition as it was brought. Although the law does not have a corresponding requirement for the safety of packaging, and this is only a matter of conscience and accuracy.

Documents that may be required and possible claims:

Writing a claim

If the problem is not resolved peacefully, you need to change tactics and start by filing an official complaint. You can write it by hand or type it in print.

When drawing up a document in free form, the client must provide the following information:

• passport details;
• exact address of the outlet;
• information about the product that will be returned;
• reason for return;
• requirements for the store (exchange or return);
• links to articles of law confirming infringement of consumer rights;
• date and personal signature.

If each party blames the other for the formation of a defect, an independent examination of the quality of the shoes can be carried out.

Sample claim

In the upper right corner you must indicate the full name of the store and legal address.
Please fill out the applicant's details below (full name, postal address and contact phone number). In the center of the document its name is written, in this case “Claim”, and below is the main text.

A typical claim template would look something like this:

1. “December 12, 2020 in the Monroe store, which is located at: Moscow, st. 9-ya Parkovaya, 61A, I purchased a pair of black leather winter boots worth 10,000 rubles (if you have documents for the shoes, it is advisable to indicate the exact name and article number of the model).
2. There are documents for the purchased product that indicate that the warranty period is 1 month from the date of purchase.
3. During the warranty period, it was discovered that the shoes did not correspond to the declared quality, since the back of the boots tore along the seams, and deep cracks formed in the front. Ultimately, the purchased product became completely unusable.
4. In accordance with Article 18 of the Law of the Russian Federation “On the Protection of Consumer Rights,” I demand that the goods be accepted back and the money for the purchase be returned within the time frame provided for in Article 22 of the law.”

After the main text, you need to list all the documents that will be attached to the application, put a date and signature.

Is it possible to return or exchange an item without a receipt?

If the document is lost, this does not deprive the citizen of this opportunity, but he will have to prove that the purchase was made in this store. The norm is enshrined in law and applies both to new items that do not meet the specifications, and to the return of items in which manufacturing defects were revealed during use. The main thing is to act competently and decisively.

Return conditions in the absence of a receipt, but with a label or tag

The buyer has the right to return quality items that do not fit in shape, style, color or size (for example, clothing, shoes), and exchange them, and if similar items are not available, then receive the money paid. The store is obliged to accept the goods in the following cases:

• the item was not used for its intended purpose;
• appearance is unchanged;
• tag, label, factory label preserved;
• a document confirming the purchase has been provided.

The presence of a check is one of the conditions, but its absence is not a basis for refusal. In this case, the buyer will have to confirm the purchase.

Important: you cannot refuse a high-quality product made according to an individual project, which can only be used by the client. For example, it will not be possible to return a custom-made suit that was impeccably tailored in a tailor shop.

How can I confirm my purchase?

Confirmation can be:

• warranty card;
• Passport products;
• barcode;
• article, serial number;
• photography or videography;
• photocopy of the receipt;
• bank statement if payment was made by card;
• testimony of witnesses present at the purchase;
• CCTV footage.

Attention: many stores issue bonus cards to customers. They may contain information about purchases made and copies of receipts.

Poor quality

It is not a mandatory requirement to have a receipt when returning defective goods. If defects are discovered, a claim is sent to the seller demanding replacement, repair or refund for the defective item. The purchase will be proven by any supporting document or witness testimony.

If the item was purchased using a card

When a customer paid with a bank card but did not retain the paper receipt, a bank statement confirming the transaction in favor of the store is proof of the purchase. Upon return, funds will be transferred to the same card.

If the product is damaged and the cash document is lost

Selling expired products is not permitted. Food products of inadequate quality are returned within this period. If it expired before the purchase and the person discovered it at home, then they should take the item back to the store as quickly as possible.

You can return the product without a receipt, but it will be more difficult. The proof will be a part of the packaging, a box, a price tag with branded markings. The fact of purchase can be confirmed by the person with whom you were in the store.

Deadlines

Non-food products of appropriate quality that do not suit your personal preferences can be exchanged within 14 days from the date of purchase. If exchange is not possible, money will be returned no later than 3 days.

After this period, a quality item cannot be returned. After two weeks, you can return the purchase only if a manufacturing defect is detected.

Technically complex goods - motor vehicles, computers, TVs, refrigerators, robotic vacuum cleaners and others (the full list is given in Decree of the Government of the Russian Federation of November 10, 2011 No. 924) - can be returned or exchanged only within 15 days from the date of purchase. After this period, a request for a return or exchange is possible only if:

1. Detection of a significant deficiency.
2. Violations of warranty repair terms.
3. Inability to use the purchase during each warranty year for a total of more than 30 days due to repeated repairs.

Deadlines for filing claims for low-quality products within:

• expiration date;
• warranty period;
• 2 years, if the warranty period is not established;
• service life or 10 years if it is not specified.

The nuances of exchanging for a different size, color

Items that are appropriate, but not suitable in color, shape, size, style, dimensions or configuration, can be exchanged for similar ones. This rule applies only to non-food products. The product must be without traces of use, all seals, tags, and factory labels must be preserved. In the absence of a receipt, the testimony of witnesses is sufficient.

If the store does not have a suitable replacement product, the seller must return the money. Store employees may offer the buyer to wait until a new batch of similar products arrives.

Is a passport required?

Although the law does not indicate that the return or replacement of goods is carried out in the presence of a passport, the seller may still ask to see it. According to the rules for conducting cash transactions, cash is issued from the cash register after the client has been identified. In the report, the seller indicates the citizen’s last name, first name, patronymic, and identification document. In addition to a Russian-style passport, you can present a foreign passport, a military personnel identification card, a driver’s license and others.

Non-returnable items

These are hygiene items, medicines and medical devices, underwear, socks, cosmetics, jewelry, household chemicals, furniture, cars, motorcycles, technically complex electrical appliances, weapons, animals, plants and some others. The full list is given in Decree of the Government of the Russian Federation of January 19, 1998 No. 55.

Buyer's actions after filing a complaint

No more than 10 days are allotted for consideration of the application with a claim. The presence of a payment receipt does not affect the review period. Most often, after submitting an application, the store representative immediately agrees with the consumer on the date of the next meeting. The customer can be notified of the decision made by the store administration by telephone or SMS message.

If the decision is positive, the seller sets a date and time when it will be possible to exchange the product or receive money for it.

Need to remember:

• Knowing how to return shoes without a receipt (especially if the goods turned out to be of poor quality), it is important for the client not to delay writing a complaint and not to be afraid to defend their interests;
• When buying shoes, it is better to give preference to stores that value their reputation rather than to points on the market.

For example, for sneakers it is better to go to large trading companies that specialize specifically in sporting goods.
Indeed, in practice, there are many precedents when small business entrepreneurs, for selfish purposes, refused to satisfy demands, realizing that the citizen who approached them was legally illiterate. Large trading companies are always ready to compromise with clients. For example, at Sportmaster, within two weeks after purchase, shoes that do not fit in size or color, without signs of wear, will be exchanged for customers without any problems. You can prove the fact of purchase using a bonus card.