Labeling bed linen: is it necessary, law, deadlines, how to start labeling and what to do with leftovers

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From the point of view of legislation, consumer goods are divided into two groups - those that are subject to return, and those that cannot be returned to the store under any circumstances. Sometimes citizens have to make purchases that they later regret. And the law “on the protection of consumer rights” comes to the rescue, allowing you to return some goods, even if they are of good quality. Of course, there are a few exceptions to this rule. Does this include underwear?

Bed linen return law

The law prohibits the return of underwear, classifying it as goods that cannot be exchanged or returned. After all, in essence, this is a personal use product, so this requirement is fair. But the concept of “sewing linen products” means underwear, and not bedding items.

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Attention

If the underwear turns out to be defective or for some reason does not suit you, you have the right to return it to the seller. Such provisions are described within the framework of the state standard. More precisely, bed linen is not described in its rules as a product that cannot be returned.

Due to the fact that the law is rather ambiguous, most people, citing materials about the impossibility of returning a bed, do not risk going to the store, even if the product is of poor quality. On the other side of the fence are ignorant sellers who are not aware of the laws surrounding product returns. Therefore, you have to turn to legally savvy specialists. The success of the outcome of each case depends on the individual level of the lawyer, but most often the buyer wins in this case.

The Law “On Protection of Consumer Rights” contains the following provisions regarding the return of goods.

• Article 7 paragraph 1 indicates the consumer’s right to product safety. This means that if dangerous factors were discovered (allergic reactions, rashes, other phenomena), the bed linen must be returned.
• Article 17 (clauses 1, 2) is relevant when it comes to court, although in practice this phenomenon is rare.
• Article 18, first paragraph. This rule allows the consumer to return the product if any defects are found in it. As compensation, the seller may offer a refund of the purchase amount, a price reduction commensurate with the defect, or an exchange for a similar or different product item.
• Art. — contain information on procedures for eliminating defects and compensating for damage when returning goods.
• Article 25. It states that the buyer has the right to return bedding of good quality back within 14 days, not including the day of purchase.

How to deliver quality goods?

Can bed linen of good quality be returned or exchanged? Reasons for return for goods of good quality:

1. The color did not match the interior of the room.
2. The duvet cover or pillowcases did not fit.
3. The kit did not live up to expectations for another reason.

Conditions for returning products without visible defects :

1. No more than one week should pass after the transaction is completed.
2. The integrity of the packaging, all tags and labels must be maintained.
3. A sales or cash receipt (or other evidence of a purchase from this particular seller) must be kept.
4. The bed should not be used, not even just washed.

To process a return, you must present any identification document, as well as write a statement in 2 copies detailing the reasons for dissatisfaction with the product.

the funds are returned to the applicant within 10 days . Refunds are made in the form the consumer chooses (cash or card), but the technical capabilities of the store are also taken into account.

Sample claim for return of goods of proper quality.

Is bed linen of good quality subject to exchange?

The law states that a product that is not included in the list of those that cannot be returned can be returned to the seller even if it does not have any defects (defects). There are several reasons why this rule is valid; they are spelled out in Article 25 of the relevant legislation. So, bed linen can be sent to the store if it does not fit:

• size indicator;
• style and design;
• general equipment;
• color scheme.

Additional information
If we are talking about any other reasons, then they cannot act as grounds for returning the linen.

Lawyer's answers to private questions

We bought baby underwear in transparent packaging from Ikea, but at home we found a hole in it. The package has not been opened, the defect is visible as is. Can I return my underwear to the store?

If you have not opened the package, you can contact the seller with a claim about a defective product. This can be done not only within 14 days, but also during the warranty period. But the sooner you contact the seller, the easier it is to win the dispute.

I bought silk underwear at Wildberries. Before making the bed, I naturally washed it. But after sleeping for a couple of days, I discovered that it was impossible to lie on it, it was hot, stuffy and my whole body itched. Can I refuse a purchase?

Washed linen cannot be returned or exchanged.

I bought a set of bed linen made from 100% cotton according to the seller. But when I came home I discovered that it was completely synthetic, as was written on the packaging. I unpacked the linen, but did not use it. Can I return it?

You can within 2 weeks after purchase if it has not been used.

Can I return bed linen without a receipt? I lost it and only slept on my underwear once.

The absence of a receipt is not a reason for refusing to accept the product, but if you have already used the product, it cannot be returned to the store, provided there are no defects.

I bought wool bedding, but it turned out I was allergic to it. The set is expensive, I would like my money back.

Unfortunately, individual intolerance to materials is not a basis for a return. If the linen had not been used, it could be returned within 14 days, but if it was used, this right is lost.

Return Policy

Despite the buyer's freedom of action, there are several strict conditions that must be met in order for the product to be returned and the money for bed linen to be compensated.

1. The buyer should contact the retail outlet where the unsuccessful purchase was made within 2 weeks (14 days) from the date of purchase. If more time passes, the seller will not listen to any request from the buyer.
2. Linen must be new and unused. If it has been used at least once, and this fact has clear evidence (bruises, incorrect folding method, etc.), return will be clearly refused.
3. The preservation of the presentation of the linen is important. This applies not only to the bed itself, but also to the packaging, which must be complete. The manufacturer's label must be retained on the product.
4. Availability of a receipt or invoice. This is a key requirement that is mandatory when purchasing a product.
5. If suddenly there is no documentation on hand that indicates the purchase of bed linen in this store, the buyer always has the right to obtain witnesses and use their testimony during the proceedings. The seller may keep a copy of the sales receipt; he can easily find it if he knows the exact date of sale.
6. If a product item was purchased during a sale and has a special bonus or promotion price, it is in no case subject to return or exchange manipulation.
7. You cannot return parts of bedding sets that do not fit. If the item was purchased as a set, it must be returned in that form and not in parts.

During the return process, the buyer is required to file a corresponding claim in the store, which implies a reference to the current legislation on the protection of consumer rights, Art. 25. The application form can be drawn up in any form, and it must clearly and consistently describe the reason for returning the bed linen. It is important to indicate the consumer’s personal data, including materials from the passport. You also need to describe:

• date of purchase;
• full purchase price;
• the manner in which it was paid;
• address and telephone.

Please note:
The documentation must be present in two copies, one of which remains with the client, the other is sent to the seller. Next, the person who sold the bed must carry out an external inspection of it in the presence of the buyer. No examination is carried out for this group of commodity items. If any defects are found to be caused by the buyer, the return will be refused. If the defects are due to defects, the seller will accept the goods. If the reason for the return is that you are not satisfied with the parameters of the product item, the bed linen must retain its commercial appearance.

There are several options that can be used during the linen return process:

• exchange of commodity items for similar samples;
• refund of funds if exchange actions are impossible;
• replacement with a similar product later.

What to do if laundry is not accepted

If the store does not want to accept the bed linen back, then first you can contact the store administration and write a claim in 2 copies, with the threat of going to court.

This is also important to know:
What is a pledge in accordance with the Civil Code of the Russian Federation and its differences from an advance and a deposit

Usually this is enough to resolve the issue. If this does not help, then you can contact the laundry manufacturer.

As a last resort, you can contact the Consumer Rights Protection Society or even the court, especially if the purchase price is quite high.

When is refusal to return legal?

The law of the Russian Federation protects the interests of not only consumers, but also sellers of retail outlets. However, stores' right of refusal is limited.

This is allowed if:

• A citizen contacted the store with an application for an exchange/return of bed linen after the expiration of the due return period indicated by the Regulations.
• Good quality linens that the buyer wishes to return show signs of use: they have stains and other signs of use.
• The returned bed linen has lost its presentation
• Packaging, elements or parts of the bedding set are missing.
• The consumer cannot provide a receipt or other evidence of the purchase of bed linen at this particular outlet.
• Defects in linen are the result of the buyer, not the manufacturer or seller.

Under no circumstances should you wash your laundry before initiating the return procedure.
This will make it impossible to return the product to the store. In all of the above cases, the seller’s refusal to accept the product will be legal, and it will not be possible to return or exchange the set for a new one.

Is it possible to return bed linen of inadequate (defective) quality?

In practice, there is another scenario for the development of events in relation to purchased linen. It may show defects during unpacking and operation. Common disadvantages include the following:

• the fabric “paints”;
• elements of linen are stretched;
• the material is “useful”;
• uneven coloring.

Additional information
In these situations, if the defect is clearly the work of the manufacturer, the bed linen can be returned without any problems. This is evidenced by the 18th Art. legislation. The actions are the same as in the first case, but the reason is different. If defects were discovered during use, the seller should file a claim, and he is obliged to either return the money or replace it with an equivalent item.

Another point of view

But opponents of adherents of the stated position argue: bed linen does not belong to the “sewing and knitted linen products” mentioned in Resolution No. 55, referring to GOST 25296-2003 and GOST 31307-2005. The fact is that the “underwear, bed and table linen” mentioned in these standards includes “pajamas, nightgowns and undershirts, pajama pants and jackets, negligees, nightrobes, long johns, briefs, petticoats, swimsuits, beach sets and other similar products made from fabrics, non-woven fabrics and other textile materials.” We are not talking about pillowcases, sheets, duvet covers, etc. here.

In this regard, there is such an ambiguous situation with the interpretation of terms, it is unclear, but all of the listed legal acts are considered documents. You can rely on the above provisions when planning to return your laundry to the store.

Bed return within 14 days

The law allows any consumer to return an unsuitable product within two weeks from the date of purchase. To do this, you need to follow a certain algorithm of actions.

1. Writing a statement indicating the reasons for the decision to return the bed linen with an appeal to the manufacturer or to the intermediary who sold the product. This document is drawn up in the store where the bed was purchased.

2. Do not forget to attach a check document and identification card to your application paper. In the application, it is also important to indicate the circumstances of the purchase, the address of the retail facility, and the date of the unsuccessful transaction.
3. You need to obtain a certificate stating that the linen is of unsuitable quality. It is also important to photocopy the completed application and give a copy of it to the cashier for signature.
4. Next, the seller or cashier fills out the specialized Torg-13 form. If a specialist has little experience in this field, he often does not know how to perform such operations on his own, so he can attract a senior cashier.

5. The employee of the retail facility will also need to draw up a statement of return of funds. This is done using a special form KM-3. And the money paid is subject to mandatory recording in the transaction log.

6. Refunds are made depending on the time the application is submitted. If it is written on the day the purchase was made, the funds must be returned the next day. Payment of funds is carried out from the cash desk into which the funds from the transaction were deposited.

This is what the classic algorithm for returning bed linen looks like within 14 days from the date of purchase.

Fines for lack of a Certificate/Declaration for bed linen

According to Article 14 of the Code of Administrative Offenses of the Russian Federation, the sale of regulated products without mandatory permits confirming their compliance with accepted technical regulations is prohibited by fines:

• For legal entities – up to 1,000,000 rubles with confiscation of objects of administrative violation
• For individual entrepreneurs – up to 300,000 rubles with confiscation of objects of administrative violation

For placing uncertified goods on marketplaces, a fine of 100,000 rubles is provided.

Return of bed linen purchased on credit

It is unlikely that a person will take out cheap underwear worth up to 1000 rubles on credit. Most likely, it is advisable to talk about a loan if the price of the bed is several thousand rubles, and the product itself belongs to the highest category. If the product is found to be defective, it can definitely be returned. In this case, the loan payments are recalculated, and its cost is compensated to the buyer. You can also count on a replacement or refund if the product is of good quality. But there are several nuances that should be taken into account regarding the lending agreement. They are stipulated in Articles 488 and 819. Civil Code of the Russian Federation.

Algorithm of consumer actions

If you want to return underwear of proper quality or a defective product, it is recommended to follow the following procedure.

1. Carefully read the terms of the loan agreement, which should contain general provisions on the return and exchange of goods.
2. Submit a corresponding claim to the seller. This document must reflect the applicant's clear request for refusal to fulfill contractual obligations. Provide your bank account details. It is best to use 2 document samples.
3. Form, together with a representative of the second party, an act related to the return of the case, and then receive money or other goods of proper quality.
4. Apply to the bank and create an application to terminate or change the terms of the loan agreement. You can either terminate the contract early or make changes to it. Prove that you returned the goods to the seller and returned the money, and then repay all debts (in fact, early repayment of the loan occurs).

What to do if you change your mind about taking out a loan for linen

Currently, companies that manufacture and distribute bed linen are holding special presentations. Since its cost is often high, which is motivated by high-quality raw materials, people, under the influence of marketing and the convincing speech of speakers that lull their vigilance, decide to take out a bed on credit.

Attention

The scheme is simple: first the company hands over the bed, and an agreement is drawn up with the bank. A little later, the lender transfers funds to the store’s account, and then the client simply makes regular payments to the bank. Having returned from the presentation, with a set of underwear in his hands and a debt burden behind him, the person understands that he will not be able to pay the monthly installments, and he no longer likes the underwear. What to do in this situation? Is it possible to “press the cancel button”, and which articles of the law should I refer to?

In this situation, measures to return bed linen purchased on credit are possible. You need to act immediately - on the day of purchase or, in extreme cases, the next day, otherwise it may be too late and you will have to pay off the debt. The buyer's action algorithm looks like this.

1. Writing a statement to the bank stating that you want to terminate the loan agreement. As part of this document, it is necessary to require that the financial company does not transfer money to the seller and does not complete documentation related to the payment.
2. Article 807 of the Civil Code of Russia stipulates that the contract is considered concluded from the moment the money is transferred to the company’s account. If this does not happen, the agreement has not been officially concluded, therefore, there are no obligations on the part of the buyer yet.
3. If you are late in submitting your application before transferring funds to the store, you must request that the transfer be cancelled, informing you that the action was erroneous.
4. Next, all that remains is to file a claim against the seller of the bed on credit and note that you are withdrawing from the contract due to a violation of your rights and misrepresentation regarding the consumer properties of the product. In this case, it is necessary to make references to Articles 10 and 12. Law on Protection of Consumer Rights.

Additional questions

Is it possible to return pillows and blankets?

When processing a return, sellers prefer to refuse to accept the paid blanket, relying on Government Decree No. 55 of 1998. Rosstandart Order No. 14-st of 2014, which approved the All-Russian Classification of Products by Type of Economic Activities, includes blankets in the group “Finished textile products.” Pillows and blankets are not included in the list of linen products.

SanPiN 2.4.7./1.1.1286-03 clarifies that a blanket is a textile product that comes into contact with human skin. Its return is impossible, since it is impossible to prove the fact that the product was not used during the period that has passed from the date of purchase.

Thus, you need to be careful when purchasing a blanket. It will not be possible to return a product of proper quality if it does not fit in size or color.

Is it possible to return a pillow if it has already been slept on?

Pillows and other blankets are on the list of goods of “good quality” that cannot be returned, under Part 1 of Art. 25 of the Law of the Russian Federation “On the Protection of Consumer Rights” - not included. And your quality is by no means proper, that is, a return due to defects.

1 tbsp. 25 of the Law of the Russian Federation “On the Protection of Consumer Rights” - not included. And your quality is by no means proper, that is, a return due to defects. There are restrictions on a product of good quality without imperfections.

This is also important to know:
How to draw up an act of returning goods: procedure and rules for registration

According to the provisions of the law, bed linen is subject to return or exchange; there are no complaints about the quality: it will not be possible to exchange or return it. However, it is possible to return a kit of inadequate quality.

Returning a blanket to the store Clothes can be returned if the following defects are found:

• spots;
• tissue tears;
• faulty zippers;
• missing buttons;
• mismatched buttons and holes;
• defective buttons;
• uneven seams;
• sagging threads;
• stitch imperfections.

They are written, as a rule, at the very end of the document, in small print, which not many consumers read.

It states here that outerwear: can be returned even if it has no flaws.

The consumer has the right to exchange non-food products of proper quality within fourteen days, not counting the day of purchase.

And an orthopedic pillow

An orthopedic pillow is a product designed to provide comfortable rest and healthy sleep, as well as relieve tension from the muscles of the back and neck. The product is not a medical device.

Orthopedic pillows equipped with a pillowcase are items that cannot be exchanged or returned. In 2021, there is no special GOST for pillows, which would classify them as linen products. However, their return is still prohibited.

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If you bought a defective pillow on credit

If the seller is ready to return money for goods purchased on credit or a loan, then the following rules apply:

• you must be returned the amount in the amount of the loan repaid by that moment with a refund of the fee for providing the loan, i.e. interest.
• in the case of a consumer loan (loan), you must return the amount paid for the goods and reimburse interest and other payments under the loan agreement.

Is it possible to return the bedspread to the store?

In accordance with current regulations, the bedspread is subject to return or exchange in three cases, if the deadlines established by law are met:

1. With appropriate quality.
2. When a defect is detected.
3. When purchased remotely (any quality).

Return times:

• 7 days - when selling a product after familiarizing yourself with a sample: through the website, catalogs, etc. (Article 26.1);
• three months - with the remote purchase method, if the buyer was not provided with comprehensive information about the properties of the product and the conditions for return (Article 26.1);
• until the moment of delivery (Article 26.1);
• 14 days - for direct sale and proper quality (25 items);
• during the service life or warranty in case of inadequate quality (Article 19);
• 2 years - if the product is of poor quality and is not accompanied by a warranty card (Article 19).

Inadequate quality

If, when unpacking the bedspread, it turns out that its quality does not correspond to what was agreed upon due to improper fulfillment of contractual obligations on the part of the seller or manufacturer, the buyer has the right provided for in Articles 18 and 21. ZPPP, to put forward the following requirements:

• exchange of bedspreads for a textile product of the same brand, model and article;
• exchange of a bedspread for one of similar properties, but of a different brand, model and article with a concomitant recalculation of the purchase price;
• reimburse the costs of eliminating product defects by contacting a sewing workshop;
• terminate the retail sales contract and return the funds paid in full.

To return a bedspread, you must:

1. Contact the location of the food outlet where the product was purchased.
2. Provide a blanket, packaging, receipt, warranty card (if available), production attributes.
3. Write 2 copies of an application putting forward one of the requirements provided for in Art. 21 ZPPP.

This is also important to know:
How to correctly write a claim for a defective product: sample 2021

If the seller insists on checking the quality of the product through an examination, then you must give your consent. The period for conducting diagnostics cannot exceed 20 days (clause 1, article 21 of the PZPP). A refusal on the basis of the absence of a receipt or other payment document in relation to goods of inadequate quality is unlawful (clause 5 of article 18 of the PZPP).

Proper quality of bedspread

According to Government Decree No. 55, the bedspread does not belong to the list of goods that cannot be exchanged for a similar one if the quality corresponds to the declared one, since, in accordance with clause 4 of this list, this condition is only relevant for textile products sold by the meter.

If the buyer does not have the opportunity to provide a receipt, then he has the right to involve witnesses who were present in the store when the goods were sold.

To return a bedspread purchased directly from the seller you must:

1. Contact the store where you purchased it.
2. Provide the blanket, as well as the accompanying packaging and production attributes (tags, tags, etc.).
3. Provide a receipt and warranty card (if available).
4. Submit 2 copies of an application requesting an exchange.
5. If there is no similar product, fill out 2 copies of the application requesting termination of the transaction.

When purchasing remotely:

1. Contact the support service on the company’s website or by calling the hotline.
2. Fold the bedspread into the package, attach all the attributes included at the time of delivery, and a receipt.
3. Attach a statement requesting a refund.
4. Send the parcel by postal service with a description of the contents and a delivery notification.

According to Art. 26.1 ZPPP, the seller is obliged to reimburse the consumer only for the money paid for the product. Return shipping costs are non-refundable.

The seller refuses to accept bed linen

What to do in a situation where the seller flatly refused to return the money? If you receive this refusal from the seller, you will have to start drawing up a claim in writing. Usually this action motivates him to return the cost or make a replacement. If your measure does not work, you can contact the Society for the Protection of Consumer Rights by creating a complaint related to the violation of your rights. In addition, you can warn your opponent that you intend to fight for your rights and want to file a lawsuit, sometimes this helps, and the seller will meet you halfway, agreeing to your terms.

Is it possible to return the blanket to the store.06.2020 – Posted in: Alimony

The seller has every right to refuse to cooperate with the client, return him a quality product and keep the money.

A pillow purchased at a retail outlet does not always correspond to the required size, softness or color, and sometimes after repeated inspection, stains, holes and dents are found on it. On the one hand, there is nothing special about the pillow, and it seems like an ordinary returnable item, but on the other hand, how can I return it if I have already used it? So are pillows subject to exchange and return?

Small stores may well risk selling without it, hoping that they will “warn” customers. But these warnings do not have legal force. Behind the sand spit, the lop-eared scythe fell under the sharp scythe of a woman with a scythe.

An orthopedic pillow will save your sleep and neck Medical aspects Physiological characteristics of wheelchair users Care products Peculiarities of patient care Incontinence problems Selection of dry closets Orthopedics Orthopedics.

The consequences of selling goods of inadequate quality by remote means of selling goods are established by the provisions provided for in Articles 18 - 24 of this Law.

The Law “On the Protection of Consumer Rights”, Decree of the Government of the Russian Federation of January 19, 1998 No. 55 determine the relationship between the buyer and the seller.

According to Art. 25 PZPP, clause 26 of the General Provisions of Government Resolution No. 55, any quality purchase can be returned to the retail outlet if it:

• did not match the external characteristics;
• Less than 14 days have passed since the date of purchase;
• has not been used;
• has not changed the original appearance and properties;
• does not apply to products prohibited for return.

This issue is controversial when it comes to a pillow, including an orthopedic one. There are different opinions on this issue, so, as a rule, everything is decided individually. For example, the list of goods of good quality that cannot be returned includes sewing and knitted underwear.

An orthopedic pillow can be classified as an item for health improvement and disease prevention at home that cannot be returned (clause 1 of the General Provisions of Resolution No. 55).

Return of bed linen: judicial practice

Judicial practice in this matter is associated mainly with cases where linen was purchased on credit as a result of a bright presentation. One company that practices such techniques is Wool House. There have been many cases involving litigation between its representatives and dissatisfied clients. Basically, based on the results of the decision, the plaintiffs’ claims are satisfied, provided that they:

• promptly contacted the bank to terminate the loan agreement;
• were able to explain the reasons for refusing to purchase;
• received a refusal.

IMPORTANT
If the consumer went to court too late and was unable to prove the fact that he was misled during the purchase of bed linen, and also refer to legal norms, there is a possibility of refusal.

Thus, bed linen falls into the category of returnable items. By following all legal norms, you can achieve justice and get your money back or get another similar product.

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Features of the return procedure

What can serve as a reason for returning high-quality and defective linen? The first option assumes that high-quality bed linen without obvious defects is a non-returnable product. Then there are only two reasons for going to the store with a recently purchased set:

1. the buyer has discovered defects and shortcomings that contradict the idea of ​​quality; it turned out that the equipment was incomplete;
2. the seller provided incorrect or incomplete information about the product.

Normative base

Bed linen is in direct contact with the human body, therefore special requirements are established for its quality at the state level. In the Eurasian Economic Union, today there is already an agreement between the participating countries regarding the mandatory characteristics of such products. Currently, mandatory certification of bed linen is carried out in accordance with the following regulatory documents:

• technical regulation of the Customs Union 017/2011, dedicated to safety issues in light industry;
• TR CU 007/2011, which establishes safety criteria for products intended for children and adolescents;
• interstate standard GOST 31307-2005, which introduces general technical conditions for bedding.

GOST standards

According to the national standard of the Russian Federation GOST R 54393-2011, bed linen refers to all types of garments made from fabrics and textiles and intended to create the required hygienic conditions when organizing a sleeping place.

The assessment of the compliance of such accessories with established safety standards is carried out on the basis of the criteria given in the interstate standards of the GOST system. This ensures the possibility of their use by all states that are part of the Eurasian Economic Union, which means the universality of the standards defining the criteria for quality and safety. Now bed linen is subject to certification using the standards set forth in the international standard GOST 31307-2005.