Sometimes new things bring not joy, but disappointment. Suddenly you don’t like the color of your new bag or your expensive food processor suddenly stops working. Lawyer Maria Goncharova will tell you how to return a quality but unsuitable product and what to do if you find a defect.
How to return or exchange a quality product
If you got the dress size wrong or changed your mind about buying an expensive mixer, it’s not a big deal. The buyer can return or exchange a product without defects or faults within fourteen days, not counting the day of purchase. This can be done in the same store where you bought it, or in another store in the chain at the seller’s request. At your request, you will be refunded or the product will be exchanged for a similar one, but of a different color, style or configuration. If you chose a lower-cost product for replacement, you will be refunded the difference. If higher, you will have to pay extra.
If the seller does not have the desired product for exchange, you must return the money paid for it. The seller has three days to do this. If you paid in cash when buying, the money can be returned in cash or to a card at your discretion. And if you paid by card, the money will only be returned to the card. The exception is when the card is not valid at the time of the refund. In this case, the money will be returned in cash.
When returning a quality product, it is important that the purchase has not been used, that its presentation is preserved, and that the labels, tags, and seals are not torn off.
The Federal Law “On the Protection of Consumer Rights” is the main regulatory act that regulates the relationship between the seller and the buyer from the sale, exchange, legal proceedings and compensation for moral damage.
What products cannot be exchanged or returned?
Not every quality product can be returned to the store. By law, you cannot return:
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personal hygiene items: toothbrushes, combs, hairpins, curlers and other similar products;
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cosmetics: creams, perfumes, decorative cosmetics;
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pieces of fabric, yarn, ribbons, lace;
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construction and finishing materials: linoleum, carpets, cables, wires;
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custom-made clothing and footwear;
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household chemicals: washing powders and other detergents, fertilizers;
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decorations;
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animals and plants;
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books.
What to do if the product is of poor quality
If after purchasing the product you discover defects – a button is missing from a dress or the TV does not turn on, then you can act in several ways.
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You can demand to replace the product with the same, but of high quality. The seller has 7 days to do this, but if an examination is needed, the period is increased to 20 days.
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You can replace the product with a similar one, but from a different company or configuration. Then the cost will be recalculated and you will be asked to pay the difference (or the remainder will be returned if you choose a replacement cheaper than the original purchase).
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You can ask for a discount for a defect. For example, there is only one skirt left in your size with a hole in the side seam. It fits perfectly into your wardrobe, and you don’t want to give up on the purchase. However, you can’t get a replacement because there are no more such skirts on sale. Then you can ask for a price reduction, and you will have to sew up the hole yourself.
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You can ask the seller to repair the product or compensate for the repair costs. For example, a defective part needs to be replaced in a sewing machine. Either the seller orders it at his own expense, or you buy it yourself and the seller compensates for the costs.
You can return the product and get your money back. The seller has 10 days to return the money.
Technically complex goods are a separate category, which includes cars and other vehicles, televisions, photo and video cameras, kitchen appliances. If after purchase a brand new refrigerator or camera stops working, you have 15 days to cancel the purchase and get your money back.
What to do if the product was purchased online
You can refuse a purchase without giving a reason at any time until you pick it up at the pick-up point. After that, you have seven days to return or exchange the unsuitable item. During this period, you can even return items that are usually not subject to exchange: perfumes, medicines, personal hygiene products, medical instruments. It is important that the items are not used and the packaging is intact.
You will not be able to return a product that was made specifically for you according to an individual order. For example, a wedding dress made to your measurements or a built-in wardrobe.
Briefly about non-standard situations
You don’t have a receipt
It is not necessary to present a receipt . In fact, it is needed to prove that you made a purchase in this particular store. This can be confirmed not only by a receipt, but also in other ways. For example, witness testimony or a warranty card will do.
The product was purchased on sale or at a discount
Even if the store has a notice that the goods on sale cannot be returned or exchanged, this is illegal. There are no separate conditions for returning promotional or discounted goods, so they can be returned on a general basis.
There is no packaging or it is torn
A defective product can be returned without packaging. A product of proper quality that does not suit you cannot be returned without packaging: the seller may require packaging in order to sell the product in proper condition.
How to file a claim
If the seller does not want to return the goods and it is not possible to agree verbally, then you need to file a written claim for the return of the goods or money. Fill out the document in two copies and ask the seller to leave a mark on your copy too.
The demand for a refund must be fulfilled within 10 days. If defects in the goods are discovered, the seller is obliged to replace it within seven days from the date specified in the claim. The period for eliminating quality defects cannot exceed 45 days.
Samples of claims for return and exchange of goods in various situations
How to protect consumer rights in court
Consumer rights protection is implemented in court. A claim for consumer rights protection can be filed in court at the location of the store or at the place of residence of the buyer.
In court, you can demand not only the return of money spent on a poor-quality purchase, but also compensation for moral damage. The amount of compensation is determined by the court.