On the rules for returning goods of good quality in 2022: terms, list of goods, refund application | Legal advice

Return of goods to the seller

All about the return to the seller of goods of good quality. Tips and rules how to return the goods without problems. The deadlines of the return and the list of returned goods. Samples of refund applications.

How to return a working product to the seller

It is not rare that the buyer after purchasing the goods is immediately disappointed in the purchase. There is a desire to return it to return the thing and pick up his money back. If the goods are marriage, then there are no difficulties. And if everything is in order with the thing?

Do not despair, there are several rules on how to exchange products or return money. To begin with, it should be said that not every product can be returned.

Not subject to return

  • medications and drugs;
  • individual-hygienic agents;
  • cosmetics, perfumes, household chemicals;
  • vehicles and trailers for them, motorcycles, scooters, bicycles, motor boats, boats, etc.;
  • Technically complex household goods (televisions, microwaves, vacuum cleaners, etc.) for which the warranty period is determined for more than 1 year;
  • electric cables and pipeline;
  • home furniture;
  • Jewelry;
  • print publications;
  • weapons and ammunition;
  • food and dishes made of polymeric materials;
  • Pets and plants;
  • textiles, knitwear and other sewing goods (this does not apply to skin-mechanical products);
  • finishing and construction materials

As you can see, the list is large. Accordingly, the list of goods to be returned is not so great.

List of goods to be returned

Return of goods to the seller

  • skin-fur products;
  • shoes;
  • simple household appliances (teapots, hair dryers, ironing, etc.);
  • complex appliances with a guarantee of up to 1 year;
  • stationery;
  • goods for fishing, tourism, outdoor activities;
  • Garden-Holy Inventory;
  • sports equipment;
  • accessories for the kitchen (metallic, glass, porcelain dishes, breadbumps, cutting boards, openings, etc.);
  • Other.

But you should know that these things should be serial. If the thing was made for individual order, according to specific measurements, then the return is to be used if the manufacturer/buyer deviated from the order parameters. That is, in fact, I sold an inappropriate product (with improper information about it).

Return conditions

So, if a thing belongs to a “return” category, then the conditions for the return of the proper goods should be like that.

1. Documents

Documents on its purchase (commodity or cash receipt, agreement, invoice) are preserved, which are presented to the seller together with the application for the return of the proper goods. If they are not, they may be refused. Then you can attract a witness to uphold your right. True, already within the framework of the trial.

2. The condition of the goods

The product should not be in use.All factory stickers, patches, packaging must be kept in their original form.

Advice. After the purchase, do not rush to tear off the factory labels and seals or open the package. Make sure it suits you and meets your requirements.

3. Deadline for returning goods

Items can be returned within two weeks of purchase. The term begins to run from the day after the purchase.

If the last day falls on a non-working (weekend or holiday) day, the deadline is postponed to the first working day.

But if the temporary delay is caused by valid circumstances, for example, being in a hospital, then the consumer retains the right to return the goods. True, the validity of the reason must be confirmed by documents, testimonies. Most likely, this will have to be done in court if the trader does not enter into a position and does not go to a meeting.

Additional term. Sometimes a merchant, luring buyers, can establish more favorable purchase conditions, for example, by setting a longer return period for a quality product. If in the future such a seller refuses his words, motivating with other rules in the legislation, then the promises of the seller should be taken into account (an attempt to deceive, mislead). The main thing is that there should be evidence of this (booklets, advertising mailings, leaflets).

4. Where to go

An exchange of goods or a refund can only be carried out by the seller from whom the purchase was made. The manufacturer, importer, service centers are not required to do this. But serious organizations allow the handling of serviceable goods to any of their branches, representative offices, regardless of the actual place of purchase.

5. Grounds for return

What grounds can the buyer have for returning the proper product. This is a discrepancy in terms of such indicators as:

  • form, style of a thing;
  • dimensions;
  • color scheme in relation to other things and items that are in use by the consumer;
  • equipment.

The buyer himself determines his reasons for returning the goods and notifies the merchant about them. These reasons need not be supported by evidence. Therefore, the real reason that is reported to the seller is a mere formality. Naturally, the seller's refusal based on dissatisfaction with the reason for the return will be illegal (that is, not in accordance with Article 25 of the Consumer Rights Protection Law, which regulates the procedure for returning non-food products of good quality).

6. Buyer's rights when returning a purchase

Not everyone knows that immediately demanding money for a returned product is a wrong action. The law does not give such direct authority. Unless the seller himself shows a gesture of goodwill. Many traders do this, but for reasons of maintaining their high reputation, and not for fear of liability.

First of all, the consumer can exchange for similar goods.

It is exactly the same, only another color, of a different size and so on. For example, it is impossible to demand to exchange an electric kettle with a spiral for a kettle of another brand, another manufacturer with a disk heating element. It is impossible to demand, but such an exchange can be offered. Next, you should rely at the discretion of the seller (then the issues of surcharges, purchases, partial refund of money are discussed).

If the seller does not have similar goods for exchange, you can do as follows:

  • agree with the seller about another date of exchange (this date is agreed between the seller and the buyer, this is usually the day of the new batch of the things of interest);
  • Require a refund. The seller must return the money within 3 days.

The buyer has the right to demand a penalty:

  • for those days when the goods were from him after the purchase;
  • compensation for its delivery costs;
  • Placement for compensation for non -pecuniary damage.

However, If the goods were purchased on credit and subsequently return the money for it, then the seller is obliged to compensate for the interest paid by the consumer for a commodity loan.

Seller's responsibility

An unmotivated refusal to exchange goods/refund of money is a violation of consumer rights, which entails:

  • forced exchange of goods or return of the paid price;
  • Compensation of losses that caused the seller’s actions, for example, the buyer acquired a down jacket and intended to go on a business trip to the northern part of the country. The down jacket did not fit in size, and the seller refused to exchange. The buyer did not have more money to buy another down jacket, and leaving without warm clothes was dangerous for health. As a result, the employer recovered the damage from the buyer for the missing tickets and deprived the bonus due to improper performance of labor functions. The buyer can recover the indicated amount of losses from the seller, since there is a connection between unlawful refusal and the consequences that have occurred);
  • Interest for using other people's money (if by the nature of the relationship the seller had to return the money, and not make an exchange). The percentage is determined by the size of 1/300 of the refinancing rate (bank percentage of the Central Bank of the Russian Federation) for each day;
  • compensation for non -pecuniary damage (size varies from 1000 to 15,000 rubles, depending on the situation);
  • Other consequences are possible, which are provided for by sales agreements, shares held by the merchant.

Conducting accountable is possible by handling a claim to the court (the justice of the peace, if the amount of claims is not more than 50,000 rubles, and to the district/city court – the price of a lawsuit is more than 50 thousand rubles).

If the trial is completed in favor of the consumer, then the latter can still recover all its legal costs.

Instructions for the buyer for the return of serviceable goods

Step 1.It is better to pay a visit to the seller in the company of a friend who can be a witness in the event of an unresolvable dispute. It is not superfluous to record the entire conversation on a voice recorder. The seller must be notified of this in advance. Say that you need a dictaphone recording in case of misunderstanding and, except as a litigation, you will not use it anywhere. Keep a friendly but formal tone while doing so.

Step 2. The conversation must begin with the presentation to the seller of an application for the return of goods. Such an application is drawn up in advance (sample application) and a copy of the commodity document (receipt, check, contract, etc.) is attached to it. Calmly and peacefully explain your situation, offer to enter into your position and politely demand that you sign and date the second copy of the application that you keep. From that moment on, you fixed the date of contacting the seller. He will not be able to refer in the future that you missed this deadline.

Step 3. Show the returned goods to the seller to check for traces of use and safety of factory labels, seals and packaging. And if there are no complaints, then ask to make a note about this in your copy of the application. In case of disputes, decisively prove your case. It is best to demand a detailed explanation of the reason for the non-conformity of the returned goods and other objections of the seller.

Step 4. Invite the seller to present to you for exchange the goods he has for sale. Choose the right purchase and offer to make an exchange. Upon the fact of the exchange, you require the preparation of a transfer document (act, invoice, etc.) with the date of the actual exchange. Thus, you will retain the right to a 14-day period for the return of goods received in exchange. The number of subsequent exchanges of the relevant product is not limited. Do not forget to get a receipt from the seller that you returned the original product to him.

Step 5. If the items offered to you do not fit or they are not available, requires making a note about this in your copy of the return application. There you can also specify in writing the deadline for the receipt of a new batch.

If you do not want to wait, you are entitled to receive the amount paid for the goods. In this case, present to the seller a pre-prepared application for a refund (sample application). Such declaration must be signed and dated by the seller.

Step 6. Leave the seller your contact phone number to notify you that you are ready to return the money, in case the money is not returned at the time of the initial request.

Step 7. After 3 days, come to the seller for money. If he refuses to return them, then such a dispute will need to be resolved in court. In this case, demand a written refusal from the seller and notify him of going to court (submit a written claim for failure to comply with the requirement to return the goods of good quality), threatening with reimbursement of court costs, forfeit and compensation for moral damage.Often, seeing the aspiration of the consumer, the merchants retreat and fulfill legal requirements voluntarily.

Sample application for returning goods

To whom ______________________________
(The seller’s data is indicated in accordance with the sign)
where ______________________________
(The seller’s location address is indicated)
from __________________________________
(F.I.O. Buyer)
________________________________
(address for correspondence, phone number)

Statement
for the return of goods of good quality
In accordance with Art. 25 Federal Law On Protection of Consumer Rights

____ __________ 2021 I was _________ (F.I.O. Buyer) _______________ in the store
___________________________________________________________________________
(name, finding address)
The goods were purchased: _____________________ worth ____________________________________
(The name of the goods is indicated) (its price is indicated)
The specified product cannot be used by me for the purpose of acquisition for ___________ ____________________________________________________________________________________
(The reason is indicated)
I did not use the goods and is of good quality. Packaging and labels are preserved in its original form.
In accordance with Article 25 of the Federal Law On Protection of Consumer Rights,

ask:
1. Accept the goods for return.
2. Present similar goods for exchange.

Appendix: ____________________________________________________
(document confirming the purchase of goods)

________ ___________ 2021 ___________________ (________________________)

Sample application for the payment of money paid for the goods

To whom __________________________________
(The seller’s data is indicated in accordance with the sign)
where __________________________________
(The seller’s location address is indicated)
from ____________________________________
(F.I.O. Buyer)
__________________________________
(address for correspondence, phone number)

Statement
On the payment of money paid for the goods

____ ______________ 2021 I was _________ (F.I.O. Buyer) _____________ in the store
__________________________________________________________________________________
(name, finding address)
The goods were purchased: _____________________ worth ____________________________________
(the name of the goods is indicated) (its price is indicated)
______ _____________ 20 ___ g. I turned to the store to return the goods and receive a similar one. However, the seller does not have similar goods on sale.
In view of what, on the basis of Art. 25 Federal Law On Protection of Consumer Rights
ask:
1. Dissolve the contract of sale __________________________________________
(The name of the goods is indicated)
value of ____________________________ RUB.
2. Return the money paid by me for the goods in the amount of _________________ rubles.