Regulatory framework
No one is immune from mistakes, and buyers, when choosing a particular product, may not guess its shape or style, configuration or other characteristics. What to do if a good quality product does not fit?
Attention! According to Art. 25 of the Law of the Russian Federation “On the Protection of Consumer Rights”, adopted on July 13, 2015 (hereinafter referred to as the Law), the buyer can demand a refund for goods of good quality.
You can receive a refund if the seller does not have a similar product at the time of request. In paragraph 2 of Art. 25 of the Law states that the money will be returned within 3 days after such a request is made.
The same procedure is possible if the transaction was made over the Internet (Clause 4, Article 26.1 of the Law). The money will arrive in the buyer’s account no later than 10 days after the request.
The amount of funds returned to the buyer may be reduced by the amount of costs associated with shipping or delivering the item back.
In addition to the above Law, distance selling is regulated by the government Decree “On approval of the Rules for the sale of goods by distance” (as amended on October 4, 2012).
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What can be returned and what cannot
The goods sold are divided into two groups: returnable and non-returnable.
Important! The first group includes:
- good quality products that did not suit the store customer in terms of color, size, style, etc. Return conditions: labels, labels not torn off, packaging intact. We only accept goods that can be put up for sale again,
- products with defects. You can get money back for a product of unsatisfactory quality when, after its purchase, certain shortcomings become apparent: the shelf life has expired, clothing or shoes are obviously defective, which appeared after their use, etc.
Non-returnable products include:
- honey. drugs,
- items classified as underwear,
- honey. technology,
- stockings, socks, etc.
- products used for personal hygiene,
- representatives of the animal world, plants,
- disposable tableware,
- jewelry,
- cosmetics, perfumes,
- Construction Materials,
- equipment used in everyday life,
- cars,
- weapon.
The entire list of goods is described in the “Sales Rules...”, which were approved on January 10, 1998 by Government Resolution No. 55 (as amended on June 22, 2021).
Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.
Refund period for goods of good quality
The consumer has the right to return the purchased product within 14 calendar days from the date of sale (Article 25 of the Law). If the store does not have an item that would suit the customer, the money for the return will be returned within 3 days after the request.
During these 3 days, the returned product will be checked to determine whether it was damaged during use, whether it has lost its appearance, etc. Although half an hour is enough for such an inspection. If everything is in order, the client gets his money back.
Returning goods to the online store.
Court decisions
The case of a refrigerator with a defect: a light bulb costing 53,964 rubles.
Deception in a beauty salon.
The case of balcony cladding: how to find justice for an unscrupulous contractor
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Measurer's mistake of 30 thousand: the window installation company paid for the miscalculation
Violation of the terms of the supply agreement: how to get your money back
Refund for defective goods
According to Art. 22 of the Law, the seller is obliged to return the client’s money if he purchased goods of inadequate quality. The client receives the money back within 10 calendar days. Usually the funds are transferred to the buyer's account or card.
The client can also receive money in cash, but to do this, he must indicate the chosen return method in a written complaint.
Sellers do not always agree to return money to the buyer, because they are not sure that problems with the product arose due to its initially unsatisfactory quality. An independent examination is appointed to determine the cause of the breakdown. The client has the right to be present during such an inspection.
Please note! If the results of the examination confirm the buyer’s words, the money will be returned to him within 10 days.
Refund by chargeback.
What to do if you were deceived in an online store: how to get your money back, read here.
What to do if a bank employee sent money to another account, read the link: https://novocom.org/otvety-na-voprosy-chitatelej/chto-delat-esli-sotrudnik-banka-otpravil-dengi-na-drugoj- schet.html
Refund of money for goods through court
If 10 days have passed and the money has not been transferred, the consumer has the right to go to court. Now he can demand not only the purchase price, but also a fine of up to 50% of the amount. You can also claim compensation for moral damages.
If a defect is discovered, the buyer can order an independent examination of the purchase to prove he is right. If the product has no defects, no examination is needed.
In most cases, the court rules in favor of the buyer, obliging the seller to return the money and pay a fine.
Terms for returning money to the card
If the money is transferred to the card of the client who returned the product, the period for receiving it can range from 3 to 40 days. It all depends on the efficiency of the organizations involved in the procedure (store, accounting, bank, etc.).
Thus, a return to a VTB 24 card usually occurs within 10-12 days. Although in this case it is possible to delay the period up to 30 days (they are also mentioned in the Law).
When the promised funds do not appear on your card for a long time, contact the store or bank and find out what stage the procedure is at. In addition, if you wish, they will explain to you what period each process took when transferring money.
If you return an item on the same day of purchase, your card transaction will be reversed quickly. In this case, the period for receiving money back will be the shortest.
Deadline for returning defective goods.
Refund deadlines
The request for a refund must be satisfied within 10 days from the date of application, if we are talking about a product of inadequate quality (Article 22 of the Law of the Russian Federation). If you are returning quality products, the money must be returned within 3 days from the date of application (Part 2 of Article 25 of the Law of the Russian Federation)
If the deadlines established for the fulfillment of the buyer's claims are not met, a penalty is charged in the amount of 1% of the cost of the goods for each day of delay (Part 1 of Article 23 of the Law of the Russian Federation).
This is the maximum period; in practice, the issue is resolved faster, depending on the method of payment for the purchase.
Cash
If you paid in cash when purchasing the returned item, if you refuse the item, the money will be returned immediately on the day of purchase. This practice applies if there are no disputes regarding the quality of the goods and the buyer’s right to cancel the sales contract.
Refund if the receipt is lost
applications for the restoration of a lost check free of charge in word format
In the store, the client is given a sales or cash receipt. Since most buyers hope that they will not have to return the product to the store, they do not save receipts. This is not very good, since when returning it is desirable to have this proof of purchase, although a return is possible without it.
Other proof of purchase is:
- warranty card. It is important that the seller fills out all the required fields,
- invoice,
- witness's testimonies,
- marking on the container,
- recordings from a CCTV camera.
Many sales centers have CCTV cameras, so if other proof of purchase fails, you can request a recording for the day you made the purchase.
ATTENTION! Look at the completed sample application for the restoration of a lost check:
Remember! If you threw away a receipt, but want to return a quality product, follow the proposed plan:
- fill out an application for a refund for the goods (2 copies will be needed). The document must contain information about the buyer and purchase (full name of the product, price, date of purchase). Clarify the essence of the complaint. If the item you want to return does not have any defects, the grounds for return can only be those specified in the Law. Complete the application with the date of writing and sign,
- contact the store employee who is responsible for handling customer complaints. You are required to accept one copy of the application and put the appropriate mark on the second. Please note that the employee's full name is written, as well as the date the claim was received. Your version must bear the signature of the person who accepted the application,
- If the check is lost, you will be asked to file a statement of loss. It is compiled on the basis of documents proving your identity. This document is also provided to the store employee.
By following our plan, you will reduce the time and simplify the procedure for returning goods without a receipt.
Watch the video. Refund for goods. Law on Consumer Protection:
Refund for goods
The method of returning money if the buyer refuses the purchased product depends on how the payment was made: by transfer from a bank card or in cash. The deadlines established by legislative acts for the return transfer of money from the trading organization to the buyer also depend on these circumstances.
Law
Return of purchased goods is carried out in accordance with the provisions of Federal Law No. 2300-1. This regulation is also known as the consumer protection law.
According to its articles, the client has the right to return to the seller both a defective product and a product of proper quality if he is not satisfied with it for any subjective reasons.
In this case, only the conditions for returning and the time limit allocated for contacting the seller will be different. There are also certain rules according to which refunds are made to the buyer.
Refund Policy
The time allotted for returning products of proper quality to the store is 2 weeks from the date of purchase. In this case, the product must not have traces of use, with factory packaging, all labels and tags. When a purchased item is found to have any manufacturing defect, it can be returned to the seller before the expiration of the established warranty.
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In any case, the buyer must provide evidence of the purchase at this outlet - checks, receipts, bank statements, or other documents.
Tax legislation establishes special rules for refunds for goods:
- If the consumer paid the cost of the returned purchase in cash, then it is issued directly from the store’s cash register .
- When paying by credit card or transfer from an account, the money is also returned by bank transfer to the same details.
This provision is intended to prevent the use of various fraudulent schemes for illegal cash withdrawal of funds from the accounts of a trading organization.
Refund of delivery payment
When a product that is large in size is returned, the question arises about its return delivery to the store. There may be two ways.
The first method is that the seller organizes delivery. Second, the buyer handles the transportation. At the same time, he has the right to demand a refund of the funds spent on delivery.
The seller has 10 days to return the money to the client for transportation.
If you are handling the delivery yourself, contact the carrier, who can provide payment documents. Only if you have such documents can you demand a refund from the seller.
Money for related expenses
If the seller does not want to accept the product back and return the client’s money, all costs associated with conducting an independent examination, as well as legal fees. services become the responsibility of the consumer. If, after the examination, it turns out that the client was right, the seller will have to reimburse him for additional expenses.
Attention! The store employees did not meet you halfway and did not comply with your requirements - conduct an independent check and prepare a lawsuit.
Don't forget to inform the store about your intention. If the principal amount is returned, but they refuse to pay additional expenses, the claim is filed for exactly this amount.
By returning the cost of the goods, the seller already admits that he was wrong. Therefore, it will not be difficult to demand reimbursement of other expenses from him.
Ways to receive funds
There are several ways to get your money back. If payment for the product was made in cash, the refund is made in the same way.
The money is transferred to the client’s card if he paid for the purchase in this way. It should be noted that you will have to wait quite a long time before the money appears on the card again. The fact is that more than one financial institution is involved in the process of transferring funds.
Exchange and return of technically complex goods of proper quality.
But only the seller is responsible for this. That is, if the deadlines specified in the law are not met, the client may demand payment of a penalty.
The seller will have to deal with both the client and the banks that cannot complete the procedure within the prescribed period.
Return period
The refund period for returning goods depends on a number of specific circumstances, including the time of application and method of payment :
- 3 days if payment was made in cash.
- 10 days when paying by credit card.
- 30 days , when payment for the purchase was made by transferring money directly from the client’s account.
- Up to 1.5 months - if the product is sent for examination to confirm the presence of a manufacturing defect.
On the day of purchase
If the consumer decides to refuse the product on the same day that he made the purchase, the return occurs according to a simplified scheme . The money paid is returned immediately: cash is issued from the store's cash register, and the completed bank transaction is cancelled.
In this case, you do not need to draw up a statement of claim: it is enough to provide the seller with a receipt and your passport.
After a few days
When several days have passed since the purchase, the refund to the buyer is made according to the general scheme. That is, up to 3 days - in cash, and from 10 to 45 days - for non-cash payments.
Complaint to the store
claims for a refund for a defective product free of charge in word format
Since the law does not establish a standard form of claim, the document is drawn up in any form. In this case, the rules for preparing business documentation are taken into account.
Important! Main points of complaint:
- client's personal data,
- name and details of the seller,
- when and how the purchase was made,
- reasons for returning the product,
- requirements for the seller, method of receiving funds,
- date of compilation, signature.
In addition to the claim, an act of acceptance and transfer of goods is drawn up immediately at the time the consumer applies.
ATTENTION! Look at the completed sample claim for a refund for a defective product:
claims for the return of goods of good quality free of charge in word format
This is the responsibility of the store employee. The act must be signed by the parties.
The document indicates the name of the product and its characteristics. The identified deficiency is described in detail.
All documents are drawn up in two copies. The buyer's claims are marked with acceptance, stamped and signed by the receiving employee. The claim must be accompanied by a receipt.
If, during a personal meeting with the seller, the latter refuses to accept the claim, it must be sent by registered mail with a notification of acceptance and a list of the contents.
When drawing up a document, you need to be careful and not miss any details, since any inaccuracies can become a reason for refusal.
If the reason for refusal is the absence of a receipt, then the seller’s actions can be considered illegal.
A warranty card, product packaging with a bar code, as well as confirmation of eyewitnesses in which the purchase was made can be used as proof of the fact of purchase of the goods (Article 1 8 of the Law).
So, when does the consumer get their money back according to the law?
The seller has three days to complete this procedure, although you can give the money right away after first checking the product for defects.
If an examination is required, funds will be returned within a 10-day period. The examination of complex goods can take up to 45 days. The beginning of this period is the moment the goods are transferred to the seller.
ATTENTION! Look at the completed sample claim for the return of goods of good quality: