So, while everything is logical and understandable. But there are some tricky parts.

Exchange or return

By default, you can't just return an item and get paid for it. The buyer only have the right to exchange a non-food product of good quality for a similar product". And only if there is no similar product on sale, then you " has the right to refuse to fulfill the contract of sale and demand the return of the amount of money paid for the specified goods"(part 2 of article 25 Law of the Russian Federation "On Protection of Consumer Rights").

That is, initially the buyer has only the right to exchange the goods. The right to return the goods appears under a certain condition - if the seller does not have a similar product.

Apparently, the law thus tried to take into account the interests of the seller - after all, if the goods are returned to him, he is deprived of all the benefits that he acquired from the contract of sale. And so he still gets at least some benefit. But, unfortunately, because of this, an indefinite and vague norm has turned out, which creates the ground for abuses and conflicts.

Firstly, the law does not say anywhere what is considered a “similar” product. Is a jacket a similar good to a coat, and a chair a good to a stool? Is the buyer obligated to agree to such a replacement? Unclear.

Secondly, the law does not indicate what needs to be done if similar products also did not fit in style, color, etc. For example, a customer found that a green blouse does not go with her pink handbag at all, and there are only blouses in the store brown and blue, which also do not suit her. Even if the seller expands the concept of a “similar” product for her, she still may not find the things she needs in the store. Or another example - the buyer finds out that the purchased chair does not fit in his apartment, that is, "does not fit in size and shape." There is no need for him to exchange this chair for another - it will still be about the same size and will not fit anywhere. Should he take a chair or bed instead? It's also unclear. Unfortunately, the law of the Russian Federation "On the Protection of Consumer Rights" is sometimes out of touch with life and does not meet the requirements of common sense.

What to do if you just want to return the product and get your money back, and the seller only agrees to exchange it for a "similar" one?

I advise you not to be too stubborn: if you are offered other products, try to find something suitable for yourself in order to solve this issue simply and quickly.

But if you haven’t found anything suitable, or for some reason you need to return the money, then I can only recommend such an algorithm. Outline the following perspective to the seller: you will take a similar product, return in a day, say that this product also did not fit in style, and ask to exchange it for a similar one - and so on until both of you get tired of it. The law theoretically allows this - after all, the same rules for exchange and return apply to the “similar” product that you received instead of the originally purchased one. Most likely, such a prospect will not please the seller and he will fulfill your requirements.

In general, if the seller - immediately or after a discussion - does not insist on the exchange of goods for a similar one, then you can “refuse to fulfill the contract of sale and demand the return of the amount of money paid for the specified goods” (part 2 of article 25 of the “ZoZPP "). In this case, the seller must return the money to you within three days (part 2 of article 25 of the “ZoZPP”).

What cannot be exchanged or returned

Please note that there are some items that cannot be exchanged or returned.

Firstly, the law, as you can see, is only about non-food products (“ the consumer has the right to exchange non-food good quality goods"). That is, edible goods that meet all quality criteria cannot be exchanged.

The “List of Non-Food Products…” consists of 14 items, which include a wide variety of product categories. For example, these are goods for the prevention and treatment of diseases at home, medicines, personal hygiene items, perfumes and cosmetics, a number of textile goods, goods sold by the meter, underwear and hosiery, household chemicals, pesticides and agrochemicals, furniture headsets and kits, precious metal products, automobiles, motorcycle products, technically sophisticated household goods with warranty periods, weapons, plants, animals and non-periodicals. I will pay special attention to “technically complex household goods” - this, in principle, is all equipment, including telephones, computers, vacuum cleaners, microwave ovens, etc. None of this - unless, of course, everything is in order with them - you cannot exchange you can.

After reading the list, most readers have one question: “What products, in fact, are not included in this list?”. Indeed, the list is so large that an unprepared reader will not immediately answer. Litigation helps provide an answer - it mainly deals with the exchange and return of clothing, shoes, furniture and building materials. Fortunately, the government did not include these categories of goods in its list, otherwise the right to exchange and return goods in general could turn into a fiction.

So, I repeat for a clearer understanding: if you bought a product in a store in the usual (not remote) way, then in order to exchange and return it, you need to carefully study the list located at this link - http://www.consultant.ru/document/ cons_doc_LAW_134461/?frame=5#p577 . If the product is included there, then the tips below will not help you and you can not read further. And if not, then read on.

I would like to draw your attention to the fact that there are two points in the “List…” that the courts interpret differently. The most popular is point 8, formulated as follows: “8. Household furniture (furniture sets and sets). Nobody really knows what is meant here. If this means that only furniture sets and sets are not subject to exchange, why couldn’t it be written like that - “8. Furniture sets and kits? If this means that any furniture in principle is not subject to exchange (even, for example, a single chair or stool), then why couldn’t it be simply written “8. Household furniture” or, in extreme cases, “8. Household furniture (including furniture sets and sets)”? In its current form, the meaning of this paragraph remains unclear, so the judges have not reached a consensus on how to interpret it.

You can read in my work (section "Goods not subject to exchange and return") examples of different court decisions on this matter. Accordingly, I will not give any strict recommendations, but I can assume: if you want to change or return furniture, the seller will insist on a more favorable interpretation for him. So you need to immediately be ready for the trial, including the fact that the judge will decide the case not in your favor. In court, you can try to prove your point of view with the same arguments that are given in the decision of the Fifth Arbitration Court of Appeal dated November 15, 2013 N 05AP-12823/2013 (see quote in my work).

The second stumbling block is point 5 of the list, formulated as follows: “5. Sewing and knitwear (sewing and knitted underwear, hosiery products). True, as far as I understand, there are fewer problems with this item - most people understand that we are talking only about hosiery and underwear, while other knitwear and garments can be returned and exchanged.

Check or witness statement

There is an interesting point in the law: the consumer's lack of a sales receipt or cash receipt or other document confirming payment for the goods does not deprive him of the opportunity to refer to witness testimony”(Part 1, Article 25 of the Law of Ukraine). Many people do not fully understand this proposal. To understand, you need to interpret it in connection with the provisions of the Civil Code of the Russian Federation. The fact is that, according to the Civil Code of the Russian Federation, “ transactions of legal entities between themselves and with citizens" and " transactions of citizens among themselves for an amount exceeding ten thousand rubles» must be done in writing (part 1 of article 161 of the Civil Code of the Russian Federation). Since in most cases a transaction for the sale of goods is concluded between a legal entity (seller) and a citizen (consumer), a written form must be observed here. And giving you a check is considered compliance with this form.

For those who did not heed the recommendations of the law, there is a punishment in the Civil Code of the Russian Federation: “ Failure to comply with the simple written form of the transaction deprives the parties of the right, in the event of a dispute, to refer to evidence of the transaction and its conditions, but does not deprive them of the right to provide written and other evidence."(part 1 of article 162 of the Civil Code of the Russian Federation). That is, let's say, if you agreed with someone about something (sold goods, rented something, loaned money, etc.), but did not draw up everything in writing, then testimonies will not help you - let at least twenty people see and hear how you agreed on this. And if your partner dumps you, in court you will not prove anything with the help of witnesses.

But for consumers, an additional exception is made - in the event of a dispute with the seller, you can refer to the testimony.

However, although the law gives you a break, do not lose receipts and other documents relating to the purchase! With them, it will be easy and simple to prove the fact of purchase, but without them - not so much. Moreover, citizens still usually go to the store without witnesses and make purchases alone. And even if you have witnesses, they will need to come to court and confirm their testimony - and many do not have the time and desire for this.

More rights, good and different

Some stores, on their own initiative, give customers more rights than are provided by law. For example, the IKEA store gives customers the right to exchange or return almost all goods purchased in the store (with rare exceptions) within 60 days (http://service.ikea.ru/after/return/). There are similar rules in some other large stores. They do not require the exchange of goods for a similar one, but are simply ready to accept the goods and return the money to the buyer. Here, perhaps, economic calculation plays a role: there is no point in walking with a client, picking up a new product for him and arguing about something, if in much less time you can simply return his money. And such a buyer, perhaps, with the money returned, will immediately buy something in the same store. But even if he does not buy anything, the store will still get a loyal customer who will prefer to come here next time. This is a good example of how a market economy creates reasonable norms even without legislative regulation.

From the foregoing, we can draw the following conclusion: read the rules for the exchange and return of goods in large retail chains and try to buy things in those places that give buyers more rights. On the one hand, it will be more profitable for you, on the other hand, you need to encourage sellers who respect the rights of buyers.

Brief Algorithm

So, summarizing, I will briefly describe the algorithm of your actions:

1. You bought a product in the usual (not remote) way and found that it did not suit you, although it is of quite high quality

2. look attentively“List of Good Quality Non-Food Items Not Returnable or Exchangeable…” to determine exactly if your product is included or not.

3A. If it enters - then alas, this is a lesson for you for the future

3B. If it is not included, then just in case, write an application for the exchange of goods (in two copies) in advance with a request to change the goods - the so-called "claim". It does not have a strict form, it can look something like this:

At … (vendor name) …
From... (your name) ...
... (your address with zip code and telephone number) ...

Claim

“...” .......... 20... I purchased in your store... (such and such a product)... worth ...... This is confirmed by the receipt attached to the statement.

However, after the purchase, I discovered that ... (such and such a product) ... does not suit me according to ... (shape / dimensions / style / color / size / configuration - choose the right one) ....

The specified product was not in use, its presentation and consumer properties are preserved.

In accordance with Part 1 of Art. 25 of the Law of the Russian Federation "On Protection of Consumer Rights", I ask you to exchange the specified product for a similar product that is currently on sale. If there is a difference in price, please recalculate. The specified product is not food and is not included in the "List of non-food products of good quality that cannot be returned or exchanged for similar goods of other sizes, shapes, dimensions, styles, colors or configurations", approved by Decree of the Government of the Russian Federation of January 19, 1998 N 55 .

If a similar product is not on sale, I, in accordance with Part 1 of Art. 25 of the Law of the Russian Federation “On Protection of Consumer Rights”, I refuse to fulfill the contract of sale and demand that the amount of money paid for the specified goods be returned to the account ... (number such and such) ... in ... (such and such a bank). .. This requirement is subject to satisfaction within three days from the date of return of the specified goods.

In case of non-fulfillment of my requirements, I will apply to the department of Rospotrebnadzor for Moscow with a statement that you have committed an administrative offense under Art. 14.15 of the Code of Administrative Offenses of the Russian Federation (“Violation of the rules for the sale of certain types of goods” - a fine from 10 thousand rubles to 30 thousand rubles), as well as to the court with a lawsuit for the protection of consumer rights.

Appendix: a copy of the check for 1 sheet, in 1 copy.

date, signature

Print out two copies of this application and enclose a copy of the receipt (keep the original with you).

4. Take the product itself, two copies of the claim and a copy of the receipt and go to the store. Go to the checkout and ask how you can exchange the goods. If the seller reacts calmly and without aggression and explains who to contact, then everything is in order. If questions begin, a conversation in raised tones, attempts to prove to you that you are wrong, etc., then ask to call an official who resolves such issues. If it was not possible to solve the problem with him, then there is no need to argue and prove something. Just say, “Okay, I understand you. In that case, just accept my claim."

Give the store employee one copy of the application (along with a copy of the receipt) and ask them to sign and date and stamp the second - this way you will have proof that you handed the application to the store at a certain moment. This is important for the subsequent possible consideration of the case in court.

If it was not possible to hand over the claim to anyone in the store (say, they refuse to accept it), then go to the nearest branch of the Russian Post and send the claim and a copy of the check to the seller by mail. You need to send a claim by a valuable letter with a description of the attachment and acknowledgment of receipt. Attention! Be sure to take a receipt for payment and an inventory of the attachment by mail (which will list “a claim to such and such for 1 liter, a copy of the check for 1 liter”), and a few days later wait for notification that the letter was delivered to the addressee. Thus, you will again have proof that you sent this document to the seller on a certain date.

5. Wait a couple of weeks.

6A. If the seller contacted you and told you where and how you can exchange the goods, then everything is OK, the problem is solved.

6B. If there is no answer or the seller refused, then:

a) Contact the court. You can do this both on your own and by contacting a lawyer (for example, to me). It will be possible to sue the seller for the cost of the goods, a fine under the law of the Russian Federation on consumer protection (50% of the amount of claims satisfied by the court), as well as court costs (including legal fees).

b) In addition, find on the Internet the address of the department of Rospotrebnadzor in your region and send a letter there with the following content

To the Office of the Federal Service for Supervision in
consumer protection and welfare
person (Rospotrebnadzor) according to ... (your region) ... ....
Address: ……(management address)……
From (your full name, actual address with zip code and phone number)

Statement

I ask to bring to administrative responsibility under Art. 14.15 of the Code of Administrative Offenses of the Russian Federation ………………… (name of the seller - legal entity or individual entrepreneur)…………… .. in connection with the following circumstances.

..... (when, where and what did you buy; when and how did you demand to exchange or return the goods; what did the seller say in response, etc.) ....

Thus, ... (name of the seller - legal entity or individual entrepreneur) ... violated clause 26 of the Rules for the sale of certain types of goods (approved by Decree of the Government of the Russian Federation of 19.01.1998 N 55) and committed an offense under Art. 14.15 of the Code of Administrative Offenses of the Russian Federation "Violation of the rules for the sale of certain types of goods."

Seller contact details: ……(include all information about the seller known to you)…..

The federal executive body exercising federal state supervision in the field of consumer protection is considering a case of an administrative offense under Art. 14.15 of the Code of Administrative Offenses of the Russian Federation “Violation of the rules for the sale of certain types of goods” (Article 23.49 of the Code of Administrative Offenses of the Russian Federation). According to part 2 of Art. 28.7 of the Code of Administrative Offenses of the Russian Federation, the decision to initiate a case on an administrative offense and conduct an administrative investigation is made by an official immediately after revealing the fact of an administrative offense.

In connection with the above

1. Check the facts set out in my application and consider the case of an administrative offense under Art. 14.15 Administrative Code of the Russian Federation.

2. Send me a copy of the ruling on initiating an administrative case and conducting an administrative investigation within 24 hours, in accordance with Part 3 of Art. 28.7 of the Code of Administrative Offenses of the Russian Federation, as well as a copy of the decision on an administrative offense - immediately after its issuance. In case of refusal to initiate proceedings on an administrative offense, I also ask you to notify me of this in writing.

Applications

A copy of the claim for 1 sheet, in 1 copy.

A copy of the check for 1 sheet, in 1 copy.

A copy of the seller's answer on 1 sheet, in 2 copies. (in the presence of)

He was warned about criminal liability for knowingly false denunciation in accordance with Article 306 of the Criminal Code of the Russian Federation.

Date, number, signature

You will not receive any direct benefit from contacting Rospotrebnadzor. If Rospotrebnadzor fines the seller, and he cannot appeal this decision, then all the money (from 10 thousand rubles to 30 thousand rubles) will go to the budget. However, it is better to send such a statement: it will take you quite a bit of time, and the seller next time, perhaps, will be more willing to meet the buyers.

You can return a mobile phone on the basis of Article 25 of the Federal Law "On Protection of Consumer Rights". If the phone has significant flaws after purchase, you can return it to the store and demand a refund or exchange it for another phone.

To do this, you need to clearly know your rights. Many sellers take advantage of the legal illiteracy of buyers and deliberately mislead them.

Return of a low-quality phone is possible within 14 days after purchase, not counting the day of sale. Moreover, a return is also possible when you have lost a sales or cash receipt. The phone must retain consumer properties, have a presentation, as well as factory seals and labels.

The topic of our article is the procedure for returning mobile phones to the store, the rules for communicating with sellers and the competent preparation of claims for returns.

Can I return a phone of good quality?

Ways to return a working phone to the store

There are several ways to return a high-quality mobile phone:

1. Agreement with the seller. If you want to return a working phone to the store, you should ask not for a refund, but for an exchange for another model. Not every seller will agree to return money for a quality phone, and the law will be on his side. Much more willing to accept an exchange. But it is better to talk about this with management, and not with ordinary sellers.

Asking to exchange a phone is worth it in large chain stores, in small retail outlets or in online stores, they are reluctant to meet the buyer. Communication with sellers should be built not in a begging or nervous tone, but in a restrained and respectful manner, demonstrating good knowledge of the issue.

1. If the seller refuses to meet you, it makes sense to write to the store management. It specifies the specific reasons for the request. You can return the goods only in its perfect presentation, if you did not use it at all.

Management's refusal to satisfy the claim But when filing a claim, one must remember that now the court does not have a single position on whether a mobile phone is a complex or not complex technical product. The decision of the issue can be both in your favor and in favor of the seller.

A warning

Returning low-quality phones is a simple matter, it is enough to know a few basic rules:

• set in 10 days after the claim.
• It is possible to return a low-quality phone during the entire warranty period after the purchase, if a defect is found in it that cannot be eliminated or takes too long.
• Some sellers may claim that the defect is insignificant and the phone cannot be returned based on the list of technically complex goods. But when returning low-quality goods, a different list applies - Art. 18 POZPP.
• The procedure for returning the phone should be formalized through a written claim with a signature on delivery, so that in the event of a disputable situation, you have documentary evidence of the claims.
• appointed by the seller, can be challenged in court if its results do not satisfy the buyer.
• The warranty period assumes that the seller is obliged to prove the unlawfulness of the buyer's claims for return. If the warranty period has come to an end, the obligation to prove defects in the phone falls on the shoulders of the buyer.

The procedure for returning money or exchanging a low-quality phone is as follows:

1. If this is not enough, a written claim to the management is written. The store must respond to the application within 10 days.
2. After 10 days, the seller will either satisfy the return request or appoint an independent examination to find out the reasons for the marriage. If the examination proved that the fault is the buyer, the store will require the buyer to reimburse the costs of the procedure.
3. Doubts about the honesty of the examination lead to an additional examination, independent of the seller, or to challenging the results of the previous procedure in court. To file a claim with the court, you should prepare an application and attach documentary evidence of the transaction to it (checks, sales contracts, a copy of the claim, etc.).
4. The court decides in favor of the buyer or seller. If the consumer's claim is satisfied, he himself chooses the further development of events (exchange for another phone, refund or otherwise).

Attention

An alternative solution may be a written appeal about the violation of consumer rights Or filing an application with it along with a lawsuit in court.

The procedures for returning phones of good or bad quality differ significantly. Returning a phone within 14 days is much easier if it is defective. But in any case, contacting the judicial authorities or Rospotrebnadzor will help solve the problem.

Sample Documents

Consumer Protection Law return of goods: how to withdraw money? What are the rules for returning goods of good quality? Can I exchange for another? What rights do buyers have? When to go to court?

Often people are lost in a situation with the need to return the goods and the finances paid for it. Especially if there is no obvious marriage. The legislation provides for the possibility of returning an unsuitable or damaged purchase. It happens that the purchased item does not suit the parameters or turns out to be of low quality, has a marriage. How to exchange a purchase or return, taking the money spent? Can I exchange an item for another? When to go to court if your rights are violated and they do not want to change or return an item of inadequate quality?

(click to open)

Return of Goods Consumer Protection Law

Consumer Protection Law Return of Goods establishes that any person has the right to return goods of good quality. Important conditions are:

• return of goods within 14 days from the date of purchase;
• no signs of use;
• safety of external data, seals, labels;
• It is desirable to have a receipt or other document confirming payment.

In the absence of a check, the consumer has the right to refer to testimonies confirming the fact of purchase. The list of goods that can be returned to the store is enshrined in the relevant article of the Civil Code of the Russian Federation. The Seller cannot change it unilaterally and at its own discretion.

If the exchange of goods on the day of treatment is not possible due to the lack of a similar product, two options are possible:

• exchange later, when an analogue appears;
• withdraw money in cash or by bank transfer.

The seller has the right to refuse to replace or return the goods if there are no legal reasons for this or the rules for returning the goods to the store are violated.

Return Policy

Return of good quality goods

Good reasons are required to return a product that meets the manufacturer's claims. The fact that the buyer does not like it is not an exhaustive argument. Sufficient grounds are:

• inappropriate shape and dimensions;
• the style did not fit;
• wrong size;
• other color needed
• other equipment is required.

The listed reasons are enough to make a return or exchange. Otherwise, the seller has the right to refuse the buyer. Products can be exchanged within 14 days. This period is given for you to make a final decision regarding the purchased goods. The rights of consumers to return goods are determined by law.

You can return goods of good quality if they are not on the list of unsuitable for this and have not been used by them.

Which items are non-refundable

The legislation provides for a clause on which goods cannot be returned:

• medicines and preventive medicines;
• personal care products;
• cosmetics and perfumery;
• textile products;
• cords with cables and wires;
• building and finishing materials;
• household chemicals;
• furniture (headsets, sofas, and so on);
• semi-precious and jewelry;
• crockery and cutlery;
• automotive technology;
• animals, plants;
• household appliances with a fixed warranty period;
• civilian weapons;
• not periodicals.

If the item being returned is not on the above list, you have every right to exchange it and return it for a refund. The contract of sale is terminated if the exchange is not possible due to the lack of an analogue, and within three days from the date of application, the amount of money is reimbursed. If desired, the exchange can be made later, when the required item appears in the store. This is discussed between the seller and the buyer in advance.

When returning goods of good quality, you can get not only a similar one for replacement, but also the money spent. A return or exchange may be refused if:

• it is in the list of goods not subject to return;
• the conditions under which it can be returned have not been met.

Return of goods of inadequate quality

The seller or store employee is obliged to notify the buyer of the presence of defects, defects in the purchased goods. Unfortunately, not all trade workers are responsible and honest. In a situation where the consumer returns goods of inadequate quality or the service provided to the client turned out to be inconsistent with the declared one, it is necessary to act in one of the following ways:

1. Terminate the contract of sale, return the purchased goods of inadequate quality and receive funds.
2. Eliminate the marriage or defects at the expense of the seller or at his own expense, subject to the reimbursement of the repair cost by the store.
3. Return and exchange goods of inadequate quality for a similar one without defects or another with compensation for the difference in the cost of the latter.

Important

If you do not have a receipt at the time of returning the goods of inadequate quality, it is still possible to return or exchange the purchase. This will require the testimony of witnesses, photo or video evidence. In this case, the seller does not have the right to refuse the right to return and exchange.

Alexander

Good afternoon. Tell me such a moment, a friend gave a phone, after 4 months a display marriage was revealed! My friend and I live in different cities over a long distance, there is no way to go to the store together! Phone paid by card. On hand there is a warranty card, the entire factory set of the phone and a check in which the card and the name of a friend are indicated! Can I contact the local branch of the seller and what is the best way to proceed in this case?