The return of materials in the estimate is the most common occurrence among refunds.

Normative base

The return and exchange of building materials is regulated by Article 25 of the Law of the Russian Federation “On the Protection of Consumer Rights”, as well as Article 502 of the Civil Code of the Russian Federation. Following their provisions, the consumer can exchange a product of inadequate quality for a similar one, as well as return it and return the money in full.

You can make an exchange or return if the product does not suit the buyer in style, color, size, etc.

The text of the Decree of the Government of the Russian Federation No. 55 of January 19, 1998 spells out the limitations of this consumer right. It contains a list of goods that cannot be exchanged or returned. Among others, it includes finishing and building materials that are sold by the meter.

Based on this, when purchasing linoleum, carpet, cable, cords, vinyl film and other construction products that are cut off during sale, you need to be very careful and think in advance about all issues related to color, size, and more.

What building materials cannot be returned to the store, return nuances

Legislative aspects: return of surplus Legal grounds for the return of building materials can be found in a very limited number of cases.

Legislative regulation of the exchange and return of baby food 2. The procedure and possibility of exchanging baby food of proper quality 3.

Refunds are made from Monday to Friday from 9.00 to 18.00 and only if there is a payment document and a document that identifies the buyer in the chain store where the purchase was made. Extract from the resolution of the Cabinet of Ministers of Ukraine dated March 19, 1994.

This is possible if the purchased item does not match the color, size and other characteristics, or is of poor quality.

It contains a list of goods that cannot be exchanged or returned. Among others, it includes finishing and building materials that are sold by the meter. If the purchase was paid for in cash, then the refund will be made in the same form.

You should take into account the fact that no one has the right to force a purchase on you. If, from a legislative point of view, the fact of fraud is proven, then it is quite possible to receive money for a low-quality product that cannot be returned.

Non-metallic materials Vibration-pressed products Dry building mixtures Asphalt When purchasing dry building mixtures, it is not recommended to look for a product at the lowest price, since it usually indicates a fake.

Is it possible to return building materials?

When purchasing building materials, you enter into market relations with their seller. The government of our country guarantees the observance of consumer rights through the implementation of the norms of the relevant legislative act. Therefore, any building materials can be returned back to the store within 14 calendar days if they are not included in the list of goods that cannot be returned or exchanged.

But even building materials included in the list of goods that cannot be returned or exchanged must be of high quality, otherwise they can also be returned to the seller and get your money back.

Return of material in estimate

The main part of the refundable amounts in the estimate is most often taken up by the materials that were used in the construction of the facility. Such materials generally include materials and resources purchased and issued by the customer or developer organization for construction and installation work.

The essence of the return of materials in the estimate is that before the construction of the facility begins, a separation sheet or protocol for the distribution of purchases of material resources is drawn up between the customer and the contractor. In these documents, the role in the purchase of this or that material is distributed among the participants in the construction process.

After the purchase of all materials has been distributed between the construction parties, they are delivered to the site. Thus, it turns out that the contractor carries out construction and installation work at the site, using both those materials that were purchased from the contractor’s funds, and those resources, the purchase of which was financed from the budget of the customer or developer.

However, as part of the estimate or act of work performed in the KS-2 form, the cost of all material resources, regardless of who purchased them, must be indicated in the appropriate column within the form. Therefore, the cost of returnable materials in the estimate or in KS-2 is indicated in the same way as the cost of materials that cannot be returned.

Figure 1 shows an example of indicating the cost of returnable materials in the estimate along with materials purchased by the contractor. As you can see, there is no particular difference in the design of both types of resources. Basically, it manifests itself in indicating the rationale for the resource, for example, with the phrase “Customer Material” or similar.

Figure 1. Customer materials in the estimate

As can be seen in Figure 1, the refundable funds in the estimate will total 52,686.43 rubles excluding VAT. This amount is not on the balance sheet of the contracting organization, therefore, when summing up the estimate, it is important to subtract the cost of these resources from the total final cost of the estimate.

Thus, refundable amounts in the estimate regarding materials are most often indicated at the end of the estimate form when summing up the results, as shown in Figure 2. You can also note that the refund is indicated before the value added tax is calculated.

Figure 2. Refund of the cost of materials in the estimate

A similar calculation is typical when determining repayable funds in the estimate for equipment. The fact is that equipment, both in nomenclature and purpose, differs from materials, therefore it also has a separate designation in the estimate.

First of all, in the justification of the resource it is indicated that this is equipment, that is, “Customer’s Equipment”, “Developer’s Purchase Equipment”, etc. In addition, in the final results, refundable amounts in the estimate must also indicate that the equipment is being returned.

If the refund in the estimate involves the return of both materials and equipment at the same time, it is important to divide the total cost into these two categories to avoid further confusion.

That is, when summing up the estimates in form No. 4, local estimates, local resource estimates and KS-2 acts, two columns will be reflected: separately for the return of materials in the estimate, separately for the return of equipment.

In addition, refundable amounts in the estimate can be reflected in various statements and certificates of the approved format. For each individual object, the package of documents varies based on several factors: the requirements of the customer and developer, the requirements of investors, the source of financing, etc.

Reasons for returning building materials

The main reason for returning an item is always due to its poor quality.
When a buyer is dissatisfied and disappointed, there is a strong desire to return a useless or unnecessary item. The same rule applies to building (finishing) materials. A wide variety of names and articles makes purchases not always thoughtful and desirable. And in such a situation, the legislation is on the side of the consumer. If we rely on legal norms, the reasons for the return are as follows:

Quality product: Article 25 of the Law on Consumer Protection, Article 502 of the Civil Code.
Materials of inadequate quality: Article 18 of the PZPP.
Partially low-quality goods: clause 4 of Article 475 of the Civil Code of the Russian Federation.

Each type of return should be analyzed separately. A quality product is returned to the store without complaint if the buyer indicates that the aesthetic characteristics of the building materials do not suit his interior and cannot be used to decorate the premises. Sellers never prevent such returns, since they can almost always offer the buyer a similar product in exchange. The store is unable to assess how unsuitable the material is, so such an implementation is always perceived as critical and is accepted back without complaints.

This is also important to know:
Is it possible to return sunglasses back to the store?

Unscrupulous suppliers or retail chains take advantage of “tempting offers” for materials of dubious quality or offer to purchase construction products that do not meet the relevant requirements.
The latter option is more suitable for construction equipment when the component parts of the product are broken or unusable. But in some cases, this paragraph of Art. may also be applied to ordinary materials. 475 of the Civil Code of the Russian Federation. If we give an example in relation to one product category, then all this can be implemented in the following options:

the purchased tile was not the color that the buyer expected - return on the first basis;
the purchased tiles have curved edges and are generally uneven – a complaint for the second reason;
the purchased packages of ceramics are components of the panel; the color of the parts in one of the packages does not match the design with the rest - claims on the third ground.

However, before rushing to the store (especially when the material did not fit for the first reason), you should know which goods the seller may prevent you from returning.

Step-by-step return instructions

In order to return building materials to the store, you need to perform a series of sequential actions.

Check whether the product packaging is damaged and whether its name is included in the list of products prohibited for return and exchange. If neither of these applies to your specific situation, you can move on to the next step.
Contact us and inform us of your desire to return building materials to the store. In most cases, no problems arise, and construction materials can be returned on site, in the presence of a manager or administrator.
Have you been refused a refund? In this case, you should make a formal complaint in writing and send it to the manager of the building materials store. The claim phase of conflict resolution begins. The addressee is obliged to respond to the received claim within ten days. If there is no response, the buyer has the right to file a claim in the courts.

Claim

The text of the claim for the return of building materials must indicate:

name and address of the outlet;
personal and contact information of the consumer;
date of purchase of the goods;
Name of product;
purchase price;
date of discovery of the defects or non-conformity;
description of the reasons for returning the goods;
references to legislative acts allowing returns in this case.

The claim must be accompanied by receipts, receipts and other documents confirming the fact of purchase. If documents are handed over directly to the head of the organization, it is worth taking a receipt from him indicating that he received them. The person in charge refuses to sign it? In this case, it is better to send the claim by registered mail and register the fact of its sending by mail.

Sample application for return

The return application is drawn up in 2 copies in free form. The text must contain the following data:

Basic data

Buyer information;
Seller information;
Purchased item;
Date of purchase;
Product category;
The reason for the return must be stated;
Presentation upon return;
Request for exchange of goods or refund.

At the bottom of the application, the date of submission and signature with a transcript are indicated.

Returning building materials to the seller

The text of the Federal Law “On the Protection of Consumer Rights” states that every buyer has the right to return unsuitable goods back to the store. This is possible if the purchased item does not match the color, size and other characteristics, or is of poor quality.

Attention! If you have any questions, you can chat for free with a lawyer at the bottom of the screen or call Moscow; Saint Petersburg; Free call for all of Russia.

Construction materials are a special type of product; the legislation provides for a number of nuances regarding their return. Our tips and recommendations will help you easily return products from this range to the store and get your money back.

What applies to building materials?

According to the generally accepted classification, building materials are: wood, cement, metals, sand, stone, plaster, concrete and many others. All building materials are divided into:

structural;
thermal insulation;
waterproofing;
acoustic;
roofing;
finishing;
sealing;
special purpose.

Normative base

You can make an exchange or return if the product does not suit the buyer in style, color, size, etc.

In the text of the Decree of the Government of the Russian Federation No. 55 of January 19, 1998. restrictions on this consumer right are specified. It contains a list of goods that cannot be exchanged or returned. Among others, it includes finishing and building materials that are sold by the meter.

Can construction materials be returned?

When purchasing building materials, you enter into market relations with their seller.

The government of our country guarantees the observance of consumer rights through the implementation of the norms of the relevant legislative act.

Therefore, any building materials can be returned back to the store within 14 calendar days if they are not included in the list of goods that cannot be returned or exchanged.

But even building materials included in the list of goods that cannot be returned or exchanged must be of high quality, otherwise they can also be returned to the seller and get your money back.

When can construction materials not be returned?

Construction materials cannot be returned to the store if they simultaneously satisfy two conditions:

are on the list of goods that are not subject to return or exchange, as they are sold by the meter;
are of high quality and do not contain defects with which they were purchased by the consumer.

In addition, the law prohibits returns:

household chemicals and products containing pesticides (for example, antifungal drugs);
cords, cables, wires sold by the meter;
floor coverings produced by cutting;
dry mixtures in open packages;
plaster and glue, which were sold on tap or in bulk.

But according to the law, these building materials can also be returned if the buyer manages to prove that he was not sufficiently informed about the product.

For example, when, when purchasing wallpaper, he did not find on the price tag an indication that it had a vinyl base and was unable to select the correct glue subsequently.

In such a situation, it is necessary to refer to Article 18 of the Law “On Protection of Consumer Rights”.

Return deadlines

By law, the consumer has the right to return construction materials within fourteen days. This period applies to both low-quality and high-quality products that were not suitable for some reason.

Step-by-step return instructions

In order to return building materials to the store, you need to perform a series of sequential actions.

Check whether the product packaging is damaged and whether its name is included in the list of products prohibited for return and exchange. If neither of these applies to your specific situation, you can move on to the next step.
Contact the store and inform us of your desire to return building materials. In most cases, no problems arise, and construction materials can be returned on site, in the presence of a manager or administrator.
Have you been refused a refund? In this case, you should make a formal complaint in writing and send it to the manager of the building materials store. The claim phase of conflict resolution begins. The addressee is obliged to respond to the received claim within ten days. If there is no response, the buyer has the right to file a claim in the courts.

Claim

The text of the claim for the return of building materials must indicate:

name and address of the outlet;
personal and contact information of the consumer;
date of purchase of the goods;
Name of product;
purchase price;
date of discovery of the defects or non-conformity;
description of the reasons for returning the goods;
references to legislative acts allowing returns in this case.

claims for the return of building materials can be found here.

Returning building materials to the online store

According to its provisions, the buyer has the right to refuse to purchase the goods within seven days after receiving it (if the seller has not specified certain return conditions, the buyer has the right to refuse construction materials within three months).

Under these conditions, the consumer has the right to return low-quality products, as well as building materials of proper quality if they do not suit him in terms of completeness, color, size and other characteristics.

In this case, the seller returns the buyer’s money for the goods, but will retain the funds that were used to pay for delivery. The online store must make a refund within ten days after receiving the corresponding request.

This obligation is enshrined in Article 21 of the “Rules for the sale of goods remotely”.

If we are talking about purchasing building materials with defects from an online store, the buyer has the right to:

replace building materials with others;
demand a refund of part of the funds paid to cover the damage;
demand the seller to eliminate defects in the goods;
return the full amount paid for construction materials, thereby abandoning the supply agreement.

It is worth knowing that the absence of a receipt for a purchase in an online store of building materials is not a legal basis for refusing a refund or exchange of goods. Money is returned in the same way it was received - to a card, e-wallet, courier service, etc.

Actions in case of refusal of return or exchange

If the consumer’s claim for the return of building materials is ignored and the refund is refused, the buyer has every right to file a lawsuit with the appropriate authority.

Sometimes, to determine whether something is right, you will have to conduct a special examination of building materials.

Based on it, a conclusion is drawn, which is subsequently used as evidence during the trial.

The documents should be accompanied by a duplicate of the official claim, checks and receipts, as well as evidence of damage incurred, if any.

Nuances of returning building materials

At first glance, the procedure for returning construction materials seems quite simple and consistent. But in practice, there are a number of nuances that need to be known and taken into account in order to avoid getting into an unpleasant situation.

If there are still controversial issues, you can also consult a free chat with a lawyer at the bottom of the screen or call Moscow; Saint Petersburg; Free call for all of Russia.

For example, according to the provisions of the Law “On the Protection of Consumer Rights”, the return of wallpaper in undamaged packaging is completely acceptable. But there is one peculiarity here. When returning, you must return the entire item, not part of the purchase.

Therefore, if you bought 10 rolls of wallpaper, incorrectly calculated the footage of the room, and after the renovation you have 2 extra rolls left, you will not be able to return them.

What is the best way to protect yourself from unnecessary spending in such situations? If you have any assumptions that 1-2 rolls of wallpaper may be unnecessary, ask the seller to issue them with a separate check. Then you can easily return them to the store within 14 days after purchase and get your money back.

This requirement does not apply to situations where, for example, one of five purchased rolls turned out to be defective. In this case, you are obliged to return the money for it, no matter how it was broken.

Many chain stores, when attracting customers, are able to set their own return rules if they are aimed at benefiting the consumer. Thus, some of them offer to take back at the selling price those building materials that will remain with the buyer after completion of the repair, unpacked.

Source: https://potrebitel-expert.ru/vozvrat-i-obmen/stroitelnye-materialy/

Claim consideration period

In the subsequent period, the claim is reviewed by the seller's responsible person.

If the buyer requests an exchange of doors, the review may take about 7 days. During this period, all required checks are carried out;
If the buyer wants to return money for a defective product, the seller will have 10 days to write a response. If the result is positive, then the buyer will be paid all the money spent;
The responsible person of the seller may refuse to accept the goods and return the money to the buyer. This happens in situations where the item has become unusable due to the fault of the buyer;
If the product is defective due to the fault of the seller or the transport company, compensation may be denied. To do this, a special examination is performed, which allows us to determine what caused the malfunction.

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How does a bus ticket get refunded?

Return of building materials of proper quality return period:

On average, money for goods is returned to the buyer within 10 business days. If the return is made through a bank, then another 3 to 30 days can be added to the standard period. This period will be required by the financial structure in order to make the return.

It is worth remembering that for each day of delay the guilty party pays a penalty, its amount is established in accordance with the contract. If this issue is carried out without a contract, then the amount of the penalty will be equal to 1% of the cost of the goods.

Returning building materials to the online store

The conditions for returning building materials to an online store are slightly different. They are regulated by Article 26.1 “On the remote method of selling goods” of the Law of the Russian Federation “On the Protection of Consumer Rights”. According to its provisions, the buyer has the right to refuse to purchase the goods within seven days after receiving it (if the seller has not specified certain return conditions, the buyer has the right to refuse construction materials within three months).

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Under these conditions, the consumer has the right to return low-quality products, as well as return building materials of proper quality if they do not suit him in terms of completeness, color, size and other characteristics. In this case, the seller returns the buyer’s money for the goods, but will retain the funds that were used to pay for delivery. The online store must make a refund within ten days after receiving the corresponding request. This obligation is enshrined in Article 21 of the “Rules for the sale of goods remotely”.

If we are talking about purchasing building materials with defects from an online store, the buyer has the right to:

replace building materials with others;
demand a refund of part of the funds paid to cover the damage;
demand the seller to eliminate defects in the goods;
return the full amount paid for construction materials, thereby abandoning the supply agreement.

Is it possible to return dry mix to the store?

Regulatory framework The return and exchange of building materials is regulated by Article 25 of the Law of the Russian Federation “On the Protection of Consumer Rights”, as well as Article 502 of the Civil Code of the Russian Federation.

Cunning Vanger On the forum for 14 years Messages: 2770 Car: Old suitcase Added: October 12, 2012 14:04 If a specific store said no, then it’s easier to buy a new mixture, and roll this one up in plastic and put it in stock. you replace someone with beer.

A similar rule is established by Article 25 of the Law of the Russian Federation from Article 18 of the Law of the Russian Federation from Article 18 of the Law of the Russian Federation from the Consumer, in the event of detection of defects in the product, if they were not specified by the seller, at his own choice has the right:. In this case, the consumer also has the right to demand full compensation for losses caused to him as a result of the sale of goods of inadequate quality.

In this case, the consumer also has the right to demand full compensation for losses caused to him as a result. Losses are compensated within the time limits established by this Law to satisfy the relevant consumer requirements.

Actions in case of refusal of return or exchange

If the consumer’s claim for the return of building materials is ignored and the refund is refused, the buyer has every right to file a lawsuit with the appropriate authority. Sometimes, to determine whether something is right, you will have to conduct a special examination of building materials. Based on it, a conclusion is drawn, which is subsequently used as evidence during the trial.

The documents should be accompanied by a duplicate of the official claim, checks and receipts, as well as evidence of damage incurred, if any.

Non-returnable building materials

The legislative norms regulating the sphere of consumer rights clearly state materials that cannot be returned to the seller:

products sold by the meter (floor coverings, paper and other materials for wall finishing, cable, etc.);
products aimed at painting and treating various surfaces with composite compounds for their effective protection;
polyurethane foam;
sealants for the construction industry;
construction products created according to individual customer orders;
exposed materials.

If the specified goods are of proper quality, the seller has the right to refuse to accept the returned products to the buyer. But it is always possible to reach an agreement, if both parties wish.

Alternative methods

Every buyer who turns to the services of specialized structures that sell building materials should be aware of the existing possibilities for returning products that do not meet certain criteria.

Art. 18 ZPP

The law regulating the sphere of consumer rights allows for the possibility of returning materials if the buyer purchasing a specific material has not received the required amount of information that can clarify the specific essence of the purchase (wallpaper that requires combining a pattern, etc.).

Purchasing piece goods

Another trick available to buyers that can save them from the impossibility of returning an unsuitable or inadequate quality construction product is the process of purchasing materials individually (Part 1 of Article 25 of the Labor Code). In accordance with legal regulations, high-quality piece products (decorative elements, borders, etc.) are returned or exchanged no later than two weeks starting from the date of purchase.

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How does Russian Post return a parcel to the sender?

A consumer who contacts the seller with a request to return or exchange building materials must provide a sales or cash receipt to prove the fact of purchasing the products in a specific retail establishment. In its absence, the seller does not have the right to refuse to satisfy the consumer’s requirements.

Features when returning other products

The rules for returning and exchanging some specific products deserve special attention. For example, paint products, cables and power tools.

Paint and varnish products

They relate to piece goods, but the return of such goods with proper quality is not allowed by Resolution No. 55. All paint and varnish products are classified as household chemicals, and this category is included in the List of Goods Not Subject to Exchange. Thus, it cannot be returned if it meets the quality requirements, but is not satisfied with the shade or consistency.

Poor quality varnishes and paints must be returned as usual within 14 days of purchase. Visible aging of a material is usually easily confirmed when its appearance changes. It is extremely difficult to prove violations associated with technological features. In such cases, complex examination of the composition is required. If several cans of paint are purchased, and claims are made against only one, then the entire batch will have to be returned.

Power tools

Construction electric tools belong to the category of technically complex products. In accordance with clause 11 of Decree No. 55, such products of proper quality cannot be returned. Thus, if the equipment does not satisfy the power or cannot perform the desired operation, then it will not be possible to return the power tool to the store within 14 days. You need to think at the time of purchase.

Another thing is a low-quality tool. If it breaks down or does not work well, you can return it within 14 days after purchase or during the warranty period (if there is a warranty repair). In any case, the seller has the right to conduct an examination to establish the reason.

If a manufacturing defect is identified, the claim is satisfied in full. If failures occur due to the user’s fault, then he is refused to return the instrument and is billed for the examination fee.

Cable

Cable products are classified as goods by the meter, which are not subject to the possibility of return if the quality is proper. If the buyer himself has incorrectly assessed the technical capabilities of the cable, then it is extremely difficult to return it to the store and you need to think in advance whether it can be used for other household purposes.

Returns are possible due to incorrect information from the seller to the buyer. For example, the buyer assured that the cable can be used for a welding machine, but in reality this cannot be done. This violation can only be proven if there are witnesses or incorrect, visual information in the store.

Poor quality cable products can be returned within 14 days after purchase or during the warranty period (if you have a warranty card). In the absence of a guarantee, claims can be made during the specified service life, but not more than 2 years. If there are obvious defects, returns or exchanges are simplified.

If the cable fails before the allotted time, the seller will have to conduct an examination to determine the reasons at his own expense. The seller, for his part, has the right to conduct a re-examination. The goods will be accepted back if the reasons are not related to the actions of consumers.

Construction materials and tools are a specific product that is often included in the list of products that cannot be exchanged if they are of proper quality. This condition obliges the buyer to take a more careful approach to its selection and acquisition. Low-quality products are fully subject to the provisions of the Law “On Consumer Protection”. Particular attention should be paid to certain types of goods that have certain return nuances.

Additional questions

Is the faucet returnable?

If the latter feels that the examination was carried out with violations and he does not agree with the result, then the expert’s conclusion can be challenged in court.

These are, for example, inhalers, enemas, massagers, corsets, bandages, thermometers, foot baths, crutches, hearing aids, etc. It’s actually not so easy to match one to the other. There is too much variety in seat shapes, as well as different plumbing fixtures.

This is also important to know:
How the warranty applies to various products: which products and within what time frame can be returned or exchanged

Claim: this document is drawn up when the seller does not want to be responsible for a defective product and, accordingly, return the money. Going to court: this action should be taken when the seller does not respond to the claim sent to him by the buyer. The appeal occurs by drawing up and submitting a statement of claim.

If the seller does not agree to return money for a low-quality faucet for which the warranty has expired or the examination of the faucet has not been established: in this case, carrying out such a procedure will fall on the shoulders of the buyer.

Here it is he who must prove that he received the goods of inadequate quality and this is the fault of the seller or the manufacturer.

Is it possible to return custom-made curtains?

According to Art. 4 of the Labor Code, the contractor is obliged to transfer to the customer an individually defined item, the quality of which must comply with the contract. If the customer finds shortcomings, he can demand their elimination free of charge, a reduction in the cost of purchased curtains, or the production of a similar model from the contractor’s material. To do this, the consumer must return the defective product to the contractor. Based on Art. 720 of the Civil Code of the Russian Federation, if there are complaints about the quality of curtains from the customer, he can initiate an examination. If the expert concludes that the contractor performed his work efficiently and did not violate the contract, then the customer will pay the cost of the examination.

Based on clause 4 of the List approved by Government Decree No. 55 of January 19, 1998, individually defined items related to textile goods, including custom-made curtains, are not subject to return or exchange.

Is it possible to return the doors to the store?

What does it mean? This means that the buyer has the right to return an absolutely high-quality door that suits him, for example, in color or size. In this case, the buyer must comply with certain return conditions. Namely:

Return the door you don’t like within fourteen days (counting starts from the next day after making the purchase);
As the reason for returning the door, name one of the following: inappropriate size, inappropriate shape, inappropriate color;
Provide a receipt that confirms the purchase of the door in a specific store;
Keep the original packaging of the purchased doors (if available);
Do not install doors;

In other words, returned high-quality doors should not have traces of use.

How to return low-quality laminate to the store

To return low-quality laminate you must provide:

In writing, a claim for the return of the laminate, which must be properly executed, in accordance with the laws.
Accompanying documents.
A receipt with a specific payment amount.

To begin with, the laminate should lie unopened for a couple of days.
Then open one box and look at the product. If there are chips, cracks, bulges, or the selected color does not match, then feel free to coordinate a refund of the entire purchase. You can replace the product and not issue a refund. This will save time.

If you started laying laminate flooring yourself and discovered unevenness and inconsistencies in the product, then it is practically impossible to return the laid laminate flooring.

This can be done if you had the installation done by professional installers from an official company or enterprise. After drawing up the act, it should be recorded with the relevant authority. Only then will you be able to get your money back, plus the seller must pay all relevant document costs.

Can I return linoleum that doesn't fit correctly?

The store will have to accept the defective product and return the money. He must also pay interest for late response. The buyer, in turn, has the right to demand compensation for moral damages.

What building materials cannot be returned to the store, return nuances There are certain goods that, according to the Law, cannot be returned and exchanged:

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goods to order;
glue;
products measured by footage;
wall and floor tiles;
wooden, sealing, roofing, paint and partition materials,
sound-, noise-, heat-insulating materials;
window and door products, etc.

If such goods are not defective, they cannot be returned. In some cases, building materials that cannot be returned can be returned to the store.

Is it possible to return rolled metal to the supplier?

As a last resort, you will have to go to court, where, again, you will waste time and, most likely, money.

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This is why experienced entrepreneurs always look one step ahead and do not work without an agreement with suppliers.

It is better to spend a little time from the very beginning and document the delivery than to end up with all sorts of worries and even losses later. Now let’s learn more about what the act of returning goods should be. Return of goods to a wholesale supplier Return of proper quality to the supplier is regulated by the Civil Code of the Russian Federation and must be formalized in accordance with the requirements of this regulatory legal act.

The relationship is regulated by the Civil Code of the Russian Federation in the section Delivery Agreement and a quality supply agreement signed by you, which you have accepted and has signed invoices for it - you can only return it if you agree with the Supplier of the goods or if you included such a condition in the goods supply agreement.

How to properly return goods to the supplier (nuances)? The buyer has the right to return the goods if defects in it were discovered during the shelf life or warranty, as well as if they were discovered within 2 years from the date of receipt of the goods in the following cases: when the warranty has expired, but the buyer can prove that the defect arose before how he received it (Articles 471, 477 of the Civil Code of the Russian Federation); if there is no guarantee, no expiration date or other term under the contract.

Returning a bathtub of inadequate quality (defective)

A product of poor quality or defective is considered to be one that has deviations from the normal one.

Marriage if

There are deviations in appearance from normal, or the equipment is not complete;
There are shortcomings due to which the bathtub is not able to satisfy the expected needs of the buyer;
There are shortcomings that prevent the product from fulfilling its direct functional purpose;
Characteristics differ from those stated in the accompanying documentation;
The parameters do not correspond to GOST or TU, according to which the goods were produced.

Reasons for returning tiles to the store

Quite often, customers tend to return tiles to the store because they have not used up a certain amount of tiles. But in this case, sellers are not obliged to accept tiles, citing the fact that each batch has a certain tone and caliber, which may differ from the new collection. If another buyer receives a set of leftovers returned by previous customers, he will be more likely to refuse such an item.

The current legislation in this case is on the seller’s side. When the consumer indicates “unspent balance” as the reason, sellers can refer to Parts 1-2 of Art. 25 Federal Law “On Protection of Consumer Rights”.

According to the law, buyers have the right to exchange or return purchased goods that did not suit them for any reason, only in full, since the law does not provide for the return of part of the purchase. If the buyer registers the transfer of the tiles to the store as a return, then he may be refused, since acceptance of part of the goods is not provided for by law.

In this case, the buyer is recommended to have a certain supply of tiles at home in order to be able to replace them if necessary. Also, you should always buy tiles with a certain reserve in case they are broken or damaged.

Open Joint Stock Company "Transinzhstroy" in accordance with the contract (contract agreement) dated October 9, 2002 No. 86 for the general contract with the State Unitary Enterprise "Moscow Metro" (customer) is constructing the Stroginsky section of the Mitinsko-Stroginskaya line of the Moscow Metro from the Strogino station to "Park Pobedy" station. The contractual terms of the contract (construction agreement) dated October 9, 2002 No. 86 and the corresponding additional agreements to it provided for this construction to make payments for temporary buildings and structures in accordance with the “Collection of estimated cost standards for the construction of temporary buildings and structures” GON 81- 01/05/2001 normal (metropolitans - 6%). Changing this procedure for payments for temporary buildings and structures before the completion of construction is not provided for by the contractual terms. The norms of the specified Collection (GON 81-05-01-2001) are mandatory for all enterprises and organizations (regardless of affiliation and forms of ownership) carrying out capital construction with the involvement of funds from the state budget of all levels and targeted extra-budgetary funds. However, when paying for work performed for October 2008 in form No. KS-3, the customer is the State Unitary Enterprise "Moscow Metro" - and the State Institution of the city of Moscow "Capital Construction Administration" - the state customer as submitted by the Accounts Chamber of the Russian Federation dated October 28, 2008 No. PR11- 164/11-03, citing a violation of the requirements of the State Construction Committee of Russia, the Main Pricing Department of the Ministry of Construction of Russia and MDS 81-35.2004, in violation of contractual obligations, withheld the cost of returnable materials during the liquidation of temporary buildings and structures in the amount of 5,302,210 rubles. 94 kopecks VAT included. According to the customer - State Unitary Enterprise "Moscow Metro", due to the absence of refundable amount standards when paying for work performed in current prices, the specified amount was calculated by him based on the maximum amount of refundable amounts - 15%, adopted according to the norm of the 1984 estimate and regulatory framework. The fact of withholding the specified amount is confirmed by copies of documents attached to the calculation of the recovered amount of money. OJSC Transinzhstroy cannot agree with the legality and validity of the withholding from payment for work performed in October 2008 for the following reasons. Firstly, the current regulatory documents for pricing in construction in the Russian Federation do not provide for a fixed amount of refundable amounts from the dismantling of temporary buildings and structures. With the release of the “Methodology for determining the cost of construction products on the territory of the Russian Federation” (MDS 81-35.2004), to which there is a reference in the submission of the Accounts Chamber of the Russian Federation, the “Code of Rules for determining the cost of construction as part of pre-project documentation” SP 81-01-94 became invalid , according to which (clause 13.6.6) it was necessary to include in the estimate documentation refundable amounts that take into account the cost of “materials and parts obtained from the dismantling of temporary buildings and structures in the amount of 15% of the estimated cost of temporary buildings and structures...”. Secondly, such actions of the customer and the state customer to withhold refundable amounts from Transinzhstroy OJSC from the dismantling of temporary buildings and structures contradict the norms of the “Collection of estimated standards of costs for the construction of temporary buildings and structures” GSN 81-05-01-2001, clauses 3.5 and 3.6 which provides: “3.5. Refunds from the sale of materials, parts, equipment and production and business equipment received from the dismantling of temporary buildings and structures on the customer’s balance sheet are determined by calculations that take into account the sale of these materials and parts at the current price level (minus the costs of bringing them into a suitable condition and delivery to storage locations). 3.6. Materials and structures obtained from the dismantling of temporary buildings and structures are accounted for by the customer's accounting department and sold to the contractor upon agreement. Thirdly, the current “Methodology for determining the cost of construction products on the territory of the Russian Federation” (MDS 81-35.2004), to which the Accounts Chamber refers in its submission, establishes that “disagreements on the application of estimate standards are subject to consideration by the authorized federal executive body in field of construction". According to the Decree of the Government of the Russian Federation dated January 26, 2005 No. 40 “On approval of the regulations on the Ministry of Regional Development of the Russian Federation”, the Ministry of Regional Development of the Russian Federation is a federal executive body exercising the functions of developing state policy and legal regulation in the field of construction, within whose powers (clause 5.2.7.2 of the Regulations) includes establishing “the procedure for the development and approval of standards in the field of estimate regulation and pricing in the field of urban planning activities.” To the appeal of Transinzhstroy OJSC to the Ministry of Regional Development of Russia for clarification of this issue, an unequivocal answer was received that “the current regulatory documents MDS 81-35.2004 and GSN 81-05-01-2001 do not provide for a fixed amount of refundable amounts from the sale of materials for the dismantling of title temporary buildings and structures and, accordingly, the requirement to withhold refundable amounts in the amount of 15% of the cost of title temporary buildings and structures not provided for in the contract is unfounded.” Fourthly, the reference by the customer and the Accounts Chamber of the Russian Federation in support of their legal position to the letter of the Main Pricing Department of the Ministry of Construction of Russia dated January 19, 1995 No. 12-13 “On the right of the customer when paying for temporary buildings and structures to withhold 15% as a refundable amount” is incorrect. of these buildings and structures at the current level of estimated prices” with reference to the letter of the State Construction Committee of Russia dated December 29, 1993 No. 12-349. With the entry into force on July 1, 1999 of the Russian Gosstroy Resolution No. 31 of April 26, 1999, “Methodological guidelines for determining the cost of construction products on the territory of the Russian Federation” (MDS 81-1.99), the letter of the Russian Gosstroy dated December 29, 1993 became invalid No. 12-349, which introduced the “Procedure for determining the cost of construction and free (negotiable) prices for construction products in market conditions” on April 1, 1994. These Guidelines (MDS 81-1.99) also lost force with the entry into force on March 9, 2004 by the Decree of the State Construction Committee of Russia dated March 5, 2004 No. 15/1 “Methods for determining the cost of construction products on the territory of the Russian Federation” (MDS 81- 35. 2004). Fifthly, there is no fact of dismantling temporary buildings and structures, recording by the customer’s accounting department of the materials and structures received from dismantling and their sale by Transingstroy OJSC with his consent. Thus, Transinzhstroy OJSC believes that in violation of the requirements of Art. 740 of the Civil Code of the Russian Federation and contract dated October 9, 2002 No. 86 of the State Unitary Enterprise "Moscow Metro" and the State Institution of the city of Moscow "Capital Construction Administration" made an unjustified deduction from payment for work performed in October 2008 of the cost of returnable materials from the dismantling of temporary buildings and structures in in the amount of RUB 5,302,210. 94 kopecks with VAT, thereby violating the obligation to pay the agreed price for the work performed, as well as the rights and legitimate interests of Transingstroy OJSC. I ask you to provide clarification on this issue.

Nuances of returning building materials

Almost all finishing materials, by definition, do not fit the description of returnable goods, but it remains possible to use a trick during the purchase itself.

If you are not sure of the required quantity, then you should make a separate check for one or 2 rolls of wallpaper. So the store will not be able to say that the goods are incomplete if the buyer returns the same amount of building materials that were taken. No one will try to find out how many checks were punched at that moment.

If an expired product is sold, then the money for it must be returned at any time, especially when it has been sold out for a long time. Usually stores meet halfway and strive for the buyer to return again.

What applies to building materials

According to the generally accepted classification, building materials are: wood, cement, metals, sand, stone, plaster, concrete and many others. All building materials are divided into:

structural;
thermal insulation;
waterproofing;
acoustic;
roofing;
finishing;
sealing;
special purpose.

Almost all finishing materials, by definition, do not fit the description of returnable goods, but it remains possible to use a trick during the purchase itself.

High quality. Only in this case does Government Decree No. 55 apply, prohibiting the return of certain goods. You will not be able to return building materials if both of these conditions are met:

They are of high quality - without problems, flaws or defects;
They are on the prohibited list because they are sold by the meter.

Imagine a situation where you purchased 10 packs of laminate flooring, which turned out to be a very inappropriate color. It doesn’t matter how it happened - the store had different lighting, for example. You don’t want to put up with such circumstances, because the room or apartment will now look completely different from what you imagined. Therefore, you want to return these coated packages.

The good news is that it is possible.

However, if your laminate was cut off, or the receipt specifies the fabric and its size, it will not be possible to return it, even if the materials are still in the packaging. The same applies to cut fabric, wallpaper, tiles, etc. If they are sold individually or in packages, please feel free to exchange them. But once you start making changes or actually buying by the yardage, no, returns are not possible.

Among other things, you cannot return to a hardware store:

Household chemicals and pesticides - for example, a mold remover that you planned to treat the walls with before pasting;
Wires – any cables, cords, etc.
Linoleum and any floor coverings, measured in meters and issued by cutting;
Films, carpets, curtains, etc.

Dry mixes can be returned if they are unfossilized or the packaging is damaged. Glue, plaster, etc. - only on the condition that they were not counted by meters, but by a bucket (of paint), a bag or a roll.

There is also a “prohibited” category of goods: materials that only you can use. They cannot be returned because the seller will not be able to sell them to someone else. For example, if you ordered the production of boards of an atypical size.

Also, if your materials turn out to be of poor quality, you will not be able to return them if you:

If you are late with the date of application, your warranty has expired;
It is your fault that the accident happened to them, not the factory or the store.

When a defect was discovered in the packaging during transportation or use, you can first verbally contact the seller and demand either a refund of the money paid for the product or replacement with another. Basically, at this stage everything ends - the seller takes the goods, the buyer takes the money.

But sometimes the seller refuses to fulfill these requirements. How to proceed? You need to write a complaint.

Information to be included in the claim:

Buyer's passport details.
The fact of purchasing low-quality building materials, time and date of purchase.
What shortcomings were found?
Request for money back.
The date the claim was written, the buyer’s personal signature (it needs to be deciphered).

This claim must be in 2 copies - one remains with the buyer, and the second with the seller. Afterwards, bring the claim along with the goods to the store where the building materials were purchased.

The seller must accept the claim. You need to make sure that he puts his signature on it and the date of acceptance. This is necessary to confirm the act of transfer of low-quality goods to the store. From this day the ten-day refund period will begin.

In this case, you can do the following: you must go to the post office with your claim. Send there by registered mail with delivery notification to the store address. When the store receives the letter and signs for its acceptance, then the 10-day period begins.

If 10 days have passed and the store representatives do not respond, you can resolve the issue of returning the building materials by going to court. You need to contact a good lawyer - he will help you competently draw up a statement of claim. Attach a copy of the claim and notification of delivery of the letter to the store to the statement of claim.

The court in this case will be on the buyer's side. The store will have to accept the defective product and return the money. He must also pay interest for late response. The buyer, in turn, has the right to demand compensation for moral damages.