Returning items to second-hand and other consignment stores: is it possible to do this and how does the return work? Is it possible to return an item to the store if you don’t like it? Is it possible to exchange second-hand clothes?
Many of us often purchase clothes from second-hand stores. And there are often cases when a buyer needs to return a purchased item. In this regard, questions arise: can this be done and how? To answer these questions, you need to understand that “Second Hand” stores are a type of consignment store registered to an individual entrepreneur or a seller’s organization. This means that, like any other store, the regulation of its activities and contractual relations between the seller and the buyer is enshrined in the general norms of the Law of the Russian Federation of 02/07/1992 N 2300-1 “On the Protection of Consumer Rights” and the Rules for the sale of certain types of goods.
Taking this into account, we will answer the question: is it possible to exchange or return clothes to such a store?
1. Clothes are of PROPER quality, and the client’s desire to return this or that item is based on the style, color or size of the clothing he did not like. In such cases, an item purchased in a store cannot be exchanged for a similar product or returned, even if 14 days have not passed from the date of purchase and the consumer has a receipt. Clothing belongs to the list of goods of good quality, not subject to exchange or return. The government has approved such a list, namely: textile goods (cotton, linen, silk, wool and synthetic fabrics), as well as sewing and knitted products (sewing and knitted linen products, hosiery). In such cases, the court is NOT on the buyer's side. Fortunately, often the seller himself meets halfway and can, at his discretion, exchange the goods within 14 days or return the money altogether, but this is the seller’s right. We recommend that you negotiate with the seller upon purchase to try on the clothes, and if they don’t fit, return them.
2. The clothing is of INCORRECT quality and the buyer has discovered flaws in it. In this case, it is important whether the seller specified these shortcomings during the sale. As a rule, the seller indicates this in writing and can make an appropriate markdown. If so, then unfortunately you won’t be able to exchange clothes. But if the defect was not specified, then by law, during the warranty period (or up to two years from the date of purchase), the consumer has the right to ask the seller of his choice:
Demand replacement with a product of the same brand (same model and (or) article);
Request a replacement for the same product of a different brand (model, article) with a corresponding recalculation of the purchase price;
Demand a proportionate reduction in the purchase price;
Demand immediate, free of charge elimination of defects in the goods or reimbursement of costs for their correction by the consumer or a third party;
Refuse to execute the sales contract and demand a refund of the amount paid for the goods. At the same time, the consumer also has the right to demand full compensation for losses caused to him as a result of the sale of goods of inadequate quality (Article 18 of the Law).
If the seller refuses to meet you, then you must submit a written complaint to him, and in case of refusal, go to court. But the buyer should be prepared for the fact that it will be necessary to prove the occurrence of the defect not during the use of the clothing, but its presence during the sale. The consumer can also contact the Rospotrebnadzor department with an application to conduct an inspection of the seller for low-quality products.
If you don’t know what to do, you need help when drawing up a claim, a lawsuit or representing interests in court, our company will always have experienced professionals who will help you.
If in 2019 you wondered whether it is possible to return an item back to a second-hand store and get money, read the article and find out in what cases it is possible to return an item and how to do it.
Important!
Please pay attention to the following:
So, you purchased, but now you want to return the product to a second-hand store and need to return it. Now you need to decide on the following.
The product you purchased turned out to be of poor quality for a variety of reasons, for example:
- factory defects of goods (breakage as a result of manufacturing defects, poorly functioning goods);
- defective coating - the paint has burst or cracked, there has been a scratch;
- individual parts and elements are faulty;
- defects of a different nature that do not allow the use of the product to the extent necessary, etc.
The purchased product is in good working order, but you did not like it due to any characteristics, For example:
- did not like the color of the product, its shape or dimensions;
- not satisfied with its design or the design of individual elements;
- its size, color or configuration, etc. did not fit.
In addition, you should determine whether the purchased product is included in any of the following lists:
Free consultation with a lawyer on returning goods!Legislation is rapidly becoming outdated, and each situation is individual. Save your time and money - call the numbers below, or contact the online consultant in the lower right corner.↘️
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In addition, you can use the search on our website for a specific product, there is probably an article about it, or seek free legal advice.
Return of quality goods - non-refundable
Return of low-quality goods - technically complex
- whether 15 days have passed since the goods were delivered to you;
Important!
Low-quality goods are technically complex goods and special rules apply when returning them.
Return of goods with defects within 15 days from the date of delivery
Important!
The type of defect and its significance in this case does not matter - you have the right to return the product with any defects that arose through no fault of yours, if 15 days have not yet passed from the date of delivery and the warranty period has not expired.
Free consultation with a lawyer on returning goods!Legislation is rapidly becoming outdated, and each situation is individual. Save your time and money - call the numbers below, or contact the online consultant in the lower right corner.↘️
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The period for returning the goods in this case is during the warranty period | .
Refund period
The refund period for goods of inadequate quality for which the warranty period has not expired is 10 days from the date of submission of the claim | .
- to the store second hand | ;
- general passport ();
Important!
Thus, the circumstances of the occurrence of deficiencies prove | .
The costs of returning the goods are borne by the second-hand seller (authorized person) | .
Step 3 | Product examination
Important!
Step 4 | Going to court
Step 6 | Receiving the money
- The refund period is 10 days from the date of submission of the claim | ;
- when returning the amount paid to the buyer, the second-hand store (authorized person) does not have the right to deduct from it the amount by which the value of the goods has decreased due to full or partial use of the goods, loss of marketability or similar circumstances | ;
- the buyer has the right to demand compensation for the difference between the price of the goods at the time of purchase and the price at the time of return | ;
- if the goods were purchased through a consumer loan (loan), the second-hand store is obliged to return the amount of money paid to the consumer, as well as reimburse the interest and other payments paid by the consumer under the consumer loan agreement | .
Free consultation with a lawyer on returning goods!Legislation is rapidly becoming outdated, and each situation is individual. Save your time and money - call the numbers below, or contact the online consultant in the lower right corner.↘️
It's fast and effective! 👇👇👇Around the clock and free!
IMPORTANT! A free consultation does not oblige you to anything!
If any deficiencies are discovered, you have the right to:
Important!
- the disadvantage is ;
Period during which you can return the product
Refund period
Who can make a claim?
A demand for refusal to fulfill the contract and return of the paid amount can be made:
- to the store second hand | ;
- authorized organization or authorized individual entrepreneur– persons authorized by the manufacturer (seller) to accept and satisfy consumer requirements regarding goods of inadequate quality | .
In addition, you can return goods of inadequate quality and demand a refund of the amount paid from:
Documents you need to have with you when making a claim
- general passport ();
- contract for the purchase and sale of goods (if any);
- sales or cash receipt, non-cash payment receipt, other document certifying the fact and terms of purchase.
Important!
The absence of a cash or sales receipt or other document certifying the fact and conditions of purchase of goods in this case is not a basis for refusal to satisfy requests for a refund | .
Who proves the circumstances of the occurrence of defects?
Free consultation with a lawyer on returning goods!Legislation is rapidly becoming outdated, and each situation is individual. Save your time and money - call the numbers below, or contact the online consultant in the lower right corner.↘️
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If a product has a warranty period, the second-hand store (authorized person) is responsible for defects in the product unless it proves that they arose:
- after transfer of the goods to the consumer;
- due to consumer violation of the rules for use, storage or transportation of goods, actions of third parties or force majeure.
Algorithm of actions in the case when a second-hand store (authorized person) agrees to an undisputed refund
Step 1 | negotiations with the seller (authorized person)
In most cases, in order to return the item back to the second-hand store (an authorized person), only your verbal request is required. Many sellers are customer-oriented enough to check for obvious defective goods on the spot and immediately return your money.
If this does not happen, go to Step 2.
Step 2 | Filing a claim (application) for cancellation of the purchase and sale agreement and return of the amount paid
Step 3 | Return of low-quality goods
If you refuse to fulfill the contract for the purchase and sale of goods, the second-hand store (authorized person) has the right to demand that you return the faulty goods.
The costs of returning the goods are borne by the second-hand store (authorized person) | .
Step 4 | Receiving money for low-quality goods
When receiving money, please consider the following:
- The refund period is 10 days from the date of submission of the claim | ;
- when returning the amount paid to the buyer, the second-hand store (authorized person) does not have the right to deduct from it the amount by which the value of the goods has decreased due to full or partial use of the goods, loss of marketability or similar circumstances | ;
- the buyer has the right to demand compensation for the difference between the price of the goods at the time of purchase and the price at the time of return | ;
- if the goods were purchased through a consumer loan (loan), the second-hand store is obliged to return the amount of money paid to the consumer, as well as reimburse the interest and other payments paid by the consumer under the consumer loan agreement | .
Algorithm of actions in the case when a second-hand store (authorized person) does not agree to an undisputed refund
Step 1 | Filing a claim (application) for cancellation of the purchase and sale agreement and return of the amount paid
Free consultation with a lawyer on returning goods!Legislation is rapidly becoming outdated, and each situation is individual. Save your time and money - call the numbers below, or contact the online consultant in the lower right corner.↘️
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a second-hand store (authorized person) has the right
Step 3 | Product examination
If, after checking the quality of the goods, the second-hand store (authorized person) believes that the cause of the defects in the goods is the consumer, then he (the second-hand store) is obliged to conduct an examination of the goods. Detailed information about the examination can be found on our website.
- The period for conducting the examination is 10 days from the date of presentation of the request.
- The examination is carried out at the expense of the seller (other authorized person).
- The consumer has the right to be present during the examination.
If the consumer does not agree with the expert conclusion, he has the right to challenge it in court.
Important!
if, as a result of the examination of the goods, it is established that its defects arose due to circumstances for which the second-hand store (authorized person) is not responsible, the consumer is obliged to reimburse him for the costs of conducting the examination, as well as the associated costs for storing and transporting the goods | .
Step 4 | Going to court
If the second-hand seller (authorized person) does not satisfy your demands pre-trial, you must go to court. Going to court requires legal qualifications, so to conduct a case in court, we recommend turning to professionals.
Step 5 | Enforcement of a court decision
If the official second-hand store (authorized person) does not want to voluntarily comply with the court decision, you have the right to choose:
- contact the Federal Bailiff Service of the Russian Federation, which is entrusted with the functions of enforcing judicial acts;
- send the writ of execution to the bank in which the seller (authorized person) has an account.
Step 6 | Receiving the money
When receiving money out of court, the following should be considered:
- The refund period is 10 days from the date of submission of the claim | ;
- when returning the amount paid to the buyer, the second-hand store (authorized person) does not have the right to deduct from it the amount by which the value of the goods has decreased due to full or partial use of the goods, loss of marketability or similar circumstances | ;
- the buyer has the right to demand compensation for the difference between the price of the goods at the time of purchase and the price at the time of return | ;
- if the goods were purchased through a consumer loan (loan), the second-hand store is obliged to return the amount of money paid to the consumer, as well as reimburse the interest and other payments paid by the consumer under the consumer loan agreement | .
In the event of a refund of the amount paid for the goods in court:
- the amount of recovery is established in a court decision;
- the period and procedure for return are regulated by the legislation on enforcement proceedings.
Step 7 | Return of low-quality goods
If you refuse to fulfill the contract for the purchase and sale of goods, the second-hand store (authorized person) has the right to demand that you return the faulty product if it was not provided earlier.
The costs of returning the goods are borne by the second-hand store (authorized person) | .
Free consultation with a lawyer on returning goods!Legislation is rapidly becoming outdated, and each situation is individual. Save your time and money - call the numbers below, or contact the online consultant in the lower right corner.↘️
It's fast and effective! 👇👇👇Around the clock and free!
IMPORTANT! A free consultation does not oblige you to anything!
If any deficiencies are discovered, you have the right to:
Important!
The type of defect and its significance in this case is of decisive importance - you have the right to return the goods only in the following cases | :
- the disadvantage is ;
- deadlines for eliminating deficiencies were violated;
- it was impossible to use the product during each year of the warranty period for a total of more than thirty days due to the repeated elimination of its various defects.
Period during which you can return the product
Refund period
Who can make a claim?
A demand for refusal to fulfill the contract and return of the paid amount can be made:
- to the store second hand|
- authorized organization or authorized individual entrepreneur– persons authorized by the manufacturer (seller) to accept and satisfy consumer requirements regarding goods of inadequate quality | .
In addition, you can return goods of inadequate quality and demand a refund of the amount paid from:
Documents you need to have with you when making a claim
Who proves the circumstances of the occurrence of defects?
Algorithm of actions in the case when a second-hand store (authorized person) agrees to an undisputed refund
Step 1 | negotiations with the seller (authorized person)
Step 2 | Filing a claim (application) for cancellation of the purchase and sale agreement and return of the amount paid
Step 3 | Return of low-quality goods
If you refuse to fulfill the contract for the purchase and sale of goods, the second-hand store (authorized person) has the right to demand that you return the faulty goods.
Free consultation with a lawyer on returning goods!Legislation is rapidly becoming outdated, and each situation is individual. Save your time and money - call the numbers below, or contact the online consultant in the lower right corner.↘️
It's fast and effective! 👇👇👇Around the clock and free!
IMPORTANT! A free consultation does not oblige you to anything!
The costs of returning the goods are borne by the second-hand store (authorized person) | .
Step 4 | Receiving money for low-quality goods
When receiving money, please consider the following:
- The refund period is 10 days from the date of submission of the claim | ;
- when returning the amount paid to the buyer, the second-hand store (authorized person) does not have the right to deduct from it the amount by which the value of the goods has decreased due to full or partial use of the goods, loss of marketability or similar circumstances | ;
- the buyer has the right to demand compensation for the difference between the price of the goods at the time of purchase and the price at the time of return | ;
- if the goods were purchased through a consumer loan (loan), the official second-hand store is obliged to return the amount of money paid to the consumer, as well as reimburse the interest and other payments paid by the consumer under the consumer loan agreement | .
Step 1 | Filing a claim (application) for cancellation of the purchase and sale agreement and return of the amount paid
Step 2 | Product quality check
second-hand store (authorized person) has the right check the quality of the product. Quality control is carried out according to the rules set out in, in which you will find more detailed information.
- The period for quality control is 10 days from the date of submission of the request.
- Quality control is carried out at the expense of the seller (other authorized person).
- The consumer has the right to participate in checking the quality of the product.
Step 3 | Product examination
If a second-hand store (authorized person) believes that the cause of defects in the goods is the consumer, then the consumer is obliged to conduct an examination of the goods in order to establish that the defects of the goods arose before it was transferred to the consumer or for reasons that arose before that moment | .
Important!
If the examination establishes that the defects of the goods arose before its transfer to the consumer or for reasons that arose before this moment, the authorized person is obliged to return the money paid for the examination | .
Detailed information about the examination can be found on our website.
Step 4 | Going to court
If the second-hand store (authorized person) does not satisfy your demands pre-trial, you must go to court. Going to court requires legal qualifications, so to conduct a case in court, we recommend turning to professionals.
Step 5 | Enforcement of a court decision
If the second-hand store (authorized person) does not want to voluntarily comply with the court decision, you have the right to choose:
- contact the Federal Bailiff Service of the Russian Federation, which is entrusted with the functions of enforcing judicial acts;
- send the writ of execution to the bank in which the seller (authorized person) has an account.
If you refuse to fulfill the contract for the purchase and sale of goods, the second-hand store (authorized person) has the right to demand that you return the faulty goods.
The costs of returning the goods are borne by the second-hand store (authorized person) | .
Step 7 | Receiving the money
When receiving money out of court, the following should be considered:
- The refund period is 10 days from the date of submission of the claim | ;
- when returning the amount paid to the buyer, the second-hand store (authorized person) does not have the right to deduct from it the amount by which the value of the goods has decreased due to full or partial use of the goods, loss of marketability or similar circumstances | ;
- the buyer has the right to demand compensation for the difference between the price of the goods at the time of purchase and the price at the time of return | ;
- if the goods were purchased through a consumer loan (loan), the second-hand store is obliged to return the amount of money paid to the consumer, as well as reimburse the interest and other payments paid by the consumer under the consumer loan agreement | .
In the event of a refund of the amount paid for the goods in court:
- the amount of recovery is established in a court decision;
- the period and procedure for return are regulated by the legislation on enforcement proceedings.
Return of goods after 2 years from the date of purchase
You can return a product after 2 years from the date of purchase if the following conditions are met.
Period during which you can return the product
Deadline for returning goods in the case under consideration | :
- during the service life established for the product;
- within 10 years from the date of transfer of the goods – If the service life is not established.
Refund period
The refund period for goods of inadequate quality after 2 years from the date of purchase is 10 days from the date of filing the claim | .
Who can make a claim?
A refund request can be made:
- to the manufacturer- manufacturer of goods for sale to consumers | ;
- authorized organization or authorized individual entrepreneur- persons authorized by the manufacturer (seller) to accept and satisfy consumer requirements regarding goods of inadequate quality | ;
- importer– an organization that imports goods for their subsequent sale on the territory of the Russian Federation | .
Documents you need to have with you when making a claim
Who proves the circumstances of the occurrence of defects?
The burden of proof lies with the consumer; he must prove that the defects of the product arose before it was transferred to the consumer or for reasons that arose before that moment | .
Algorithm of actions in the case when an authorized person agrees to a refund
Step 1 |negotiations with an authorized person
The first step is to contact an authorized person with an explanation of the reason for the defect and a proposal to repair the product.
Not very often, but it happens that an authorized person agrees to return the money even after a request for repairs.
Step 2 | Filing a claim (application) to an authorized person for free elimination of product defects
Step 4 | Return of low-quality goods
Step 5 | Receiving money for low-quality goods
When receiving money, please consider the following:
- The refund period is 10 days from the date of submission of the claim | ;
- when returning the amount paid to the buyer, the second-hand store (authorized person) does not have the right to deduct from it the amount by which the value of the goods has decreased due to full or partial use of the goods, loss of marketability or similar circumstances | ;
- the buyer has the right to demand compensation for the difference between the price of the goods at the time of purchase and the price at the time of return | ;
- if the goods were purchased through a consumer loan (loan), the second-hand store is obliged to return the amount of money paid to the consumer, as well as reimburse the interest and other payments paid by the consumer under the consumer loan agreement | .
Algorithm of actions in case an authorized person does not agree to a refund
Step 1 | Filing a claim (application) to an authorized person for free elimination of product defects
Step 2 | Product examination
If an authorized person believes that the cause of defects in the goods is the consumer, the consumer is obliged to conduct an examination of the goods in order to establish that the defects of the goods arose before its transfer to the consumer or for reasons that arose before that moment.
Step 3 | Filing a claim (application) for the return of the paid amount
Step 4 | Going to court
If the second-hand store (authorized person) does not satisfy your demands pre-trial, you must go to court. Going to court requires legal qualifications, so to conduct a case in court, we recommend turning to professionals.
Step 5 | Enforcement of a court decision
If the second-hand seller (authorized person) does not want to voluntarily comply with the court decision, you have the right to choose:
- contact the Federal Bailiff Service of the Russian Federation, which is entrusted with the functions of enforcing judicial acts;
- send the writ of execution to the bank in which the seller (authorized person) has an account.
Step 6 | Return of low-quality goods
When filing a claim for a refund of the amount of money paid, you are required to return the goods.
Step 7 | Receiving money for low-quality goods
When receiving money out of court, the following should be considered:
- The refund period is 10 days from the date of submission of the claim | ;
- when returning the amount paid to the buyer, the second-hand store (authorized person) does not have the right to deduct from it the amount by which the value of the goods has decreased due to full or partial use of the goods, loss of marketability or similar circumstances | ;
- the buyer has the right to demand compensation for the difference between the price of the goods at the time of purchase and the price at the time of return | ;
- if the goods were purchased through a consumer loan (loan), the second-hand store is obliged to return the amount of money paid to the consumer, as well as reimburse the interest and other payments paid by the consumer under the consumer loan agreement | .
In the event of a refund of the amount paid for the goods in court:
- the amount of recovery is established in a court decision;
- the period and procedure for return are regulated by the legislation on enforcement proceedings.
Return of low-quality goods - etc.
The following circumstances are of fundamental importance when returning goods:
- is there a warranty for the product?
- if the warranty period is established, whether it has expired;
- whether a service life has been established for the product;
- If the service life is set, whether it has expired.
Returning goods with defects during the warranty period
If any deficiencies are discovered, you have the right to:
Important!
The type of defect and its significance in this case does not matter - you have the right to return the product with any defects that arose through no fault of yours, if the warranty period has not yet expired.
Period during which you can return the product
The period for returning the goods in this case is during the warranty period | .
Refund period
The refund period for goods of inadequate quality for which the warranty period has not expired is 10 days from the date of submission of the claim | .
Who can make a claim?
A demand for refusal to fulfill the contract and return of the paid amount can be made:
- to the store second hand | ;
- authorized organization or authorized individual entrepreneur– persons authorized by the manufacturer (seller) to accept and satisfy consumer requirements regarding goods of inadequate quality | .
In addition, you can return goods of inadequate quality and demand a refund of the amount paid from:
Documents you need to have with you when making a claim
- general passport ();
- contract for the purchase and sale of goods (if any);
- sales or cash receipt, non-cash payment receipt, other document certifying the fact and terms of purchase.
Important!
The absence of a cash or sales receipt or other document certifying the fact and conditions of purchase of goods in this case is not a basis for refusal to satisfy requests for a refund | .
Who proves the circumstances of the occurrence of defects?
If a product has a warranty period, the second-hand store (authorized person) is responsible for defects in the product unless it proves that they arose:
- after transfer of the goods to the consumer;
- due to consumer violation of the rules for use, storage or transportation of goods, actions of third parties or force majeure.
Thus, the circumstances of the occurrence of defects are proven by a second-hand store (authorized person) | .
Algorithm of actions in the case when a second-hand store (authorized person) agrees to an undisputed refund
Step 1 | negotiations with the seller (authorized person)
In most cases, in order to return the item back to the second-hand store (an authorized person), only your verbal request is required. Many sellers are customer-oriented enough to check for obvious defective goods on the spot and immediately return your money.
If this does not happen, go to Step 2.
Step 2 | Filing a claim (application) for cancellation of the purchase and sale agreement and return of the amount paid
Step 3 | Return of low-quality goods
If you refuse to fulfill the contract for the purchase and sale of goods, the second-hand store (authorized person) has the right to demand that you return the faulty goods.
The costs of returning the goods are borne by the second-hand store (authorized person) | .
Step 4 | Receiving money for low-quality goods
When receiving money, please consider the following:
- The refund period is 10 days from the date of submission of the claim | ;
- when returning the amount paid to the buyer, the second-hand store (authorized person) does not have the right to deduct from it the amount by which the value of the goods has decreased due to full or partial use of the goods, loss of marketability or similar circumstances | ;
- the buyer has the right to demand compensation for the difference between the price of the goods at the time of purchase and the price at the time of return | ;
- if the goods were purchased through a consumer loan (loan), the second-hand store is obliged to return the amount of money paid to the consumer, as well as reimburse the interest and other payments paid by the consumer under the consumer loan agreement | .
Algorithm of actions in the case when a second-hand store (authorized person) does not agree to an undisputed refund
Step 1 | Filing a claim (application) for cancellation of the purchase and sale agreement and return of the amount paid
Step 3 | Product examination
If, after checking the quality of the goods, the second-hand store (authorized person) believes that the cause of the defects in the goods is the consumer, then he (the official second-hand store) is obliged to conduct an examination of the goods. Detailed information about the examination can be found on our website.
- The period for conducting the examination is 10 days from the date of presentation of the request.
- The examination is carried out at the expense of the seller (other authorized person).
- The consumer has the right to be present during the examination.
If the consumer does not agree with the expert conclusion, he has the right to challenge it in court.
Important!
if, as a result of the examination of the goods, it is established that its defects arose due to circumstances for which the second-hand store (authorized person) is not responsible, the consumer is obliged to reimburse him for the costs of conducting the examination, as well as the associated costs for storing and transporting the goods | .
Step 4 | Going to court
If the second-hand store (authorized person) does not satisfy your demands pre-trial, you must go to court. Going to court requires legal qualifications, so to conduct a case in court, we recommend turning to professionals.
Step 5 | Enforcement of a court decision
If the second-hand store (authorized person) does not want to voluntarily comply with the court decision, you have the right to choose:
- contact the Federal Bailiff Service of the Russian Federation, which is entrusted with the functions of enforcing judicial acts;
- send the writ of execution to the bank in which the seller (authorized person) has an account.
Step 6 | Receiving the money
When receiving money out of court, the following should be considered:
- The refund period is 10 days from the date of submission of the claim | ;
- when returning the amount paid to the buyer, the second-hand store (authorized person) does not have the right to deduct from it the amount by which the value of the goods has decreased due to full or partial use of the goods, loss of marketability or similar circumstances | ;
- the buyer has the right to demand compensation for the difference between the price of the goods at the time of purchase and the price at the time of return | ;
- if the goods were purchased through a consumer loan (loan), the second-hand store is obliged to return the amount of money paid to the consumer, as well as reimburse the interest and other payments paid by the consumer under the consumer loan agreement | .
In the event of a refund of the amount paid for the goods in court:
- the amount of recovery is established in a court decision;
- the period and procedure for return are regulated by the legislation on enforcement proceedings.
Step 7 | Return of low-quality goods
If you refuse to fulfill the contract for the purchase and sale of goods, the second-hand store (authorized person) has the right to demand that you return the faulty product if it was not provided earlier.
The costs of returning the goods are borne by the second-hand store (authorized person) | .
Return of defective goods after the expiration of the warranty period (including when the warranty was not established), but within 2 years from the date of purchase
You can return the product even if the warranty period has already expired or has not been established.
If any deficiencies are discovered, you have the right to:
Important!
The type of defect and its significance in this case does not matter - you have the right to return the product with any defects that arose before the goods were transferred to the consumer or for reasons that arose before that moment.
Period during which you can return the product
The period for returning the goods in this case is 2 years from the date of delivery | .
Refund period
The refund period for goods of inadequate quality for which the warranty period has expired (or if the warranty has not been established) is 10 days from the date of submission of the claim | .
Who can make a claim?
A demand for refusal to fulfill the contract and return of the paid amount can be made:
- to the store second hand | .
- authorized organization or authorized individual entrepreneur– persons authorized by the manufacturer (seller) to accept and satisfy consumer requirements regarding goods of inadequate quality | .
In addition, you can return goods of inadequate quality and demand a refund of the amount paid from:
Documents you need to have with you when making a claim
Who proves the circumstances of the occurrence of defects?
The burden of proof lies with the consumer; he must prove that the defects of the product arose before its transfer to the consumer or for reasons that arose before that moment | And .
Algorithm of actions in the case when a second-hand store (authorized person) agrees to an undisputed refund
Step 1 | negotiations with the seller (authorized person)
The first step is to contact the store where you purchased the product or any other official representative with an explanation of the reason for the defect and an offer for a refund.
Not very often, but it happens that a second-hand store (an authorized person) in this case agrees to return the money even after a verbal request.
Step 2 | Filing a claim (application) for cancellation of the purchase and sale agreement and return of the amount paid
Step 3 | Return of low-quality goods
If you refuse to fulfill the contract for the purchase and sale of goods, the second-hand store (authorized person) has the right to demand that you return the faulty goods.
The costs of returning the goods are borne by the second-hand store (authorized person) | .
Step 4 | Receiving money for low-quality goods
When receiving money, please consider the following:
- The refund period is 10 days from the date of submission of the claim | ;
- when returning the amount paid to the buyer, the second-hand store (authorized person) does not have the right to deduct from it the amount by which the value of the goods has decreased due to full or partial use of the goods, loss of marketability or similar circumstances | ;
- the buyer has the right to demand compensation for the difference between the price of the goods at the time of purchase and the price at the time of return | ;
- if the goods were purchased through a consumer loan (loan), the second-hand store is obliged to return the amount of money paid to the consumer, as well as reimburse the interest and other payments paid by the consumer under the consumer loan agreement | .
Algorithm of actions in the case when the store does not agree to an undisputed refund
Step 1 | Filing a claim (application) for cancellation of the purchase and sale agreement and return of the amount paid
Step 2 | Product quality check
second-hand store (authorized person) has the right check the quality of the product. Quality control is carried out according to the rules set out in, in which you will find more detailed information.
- The period for quality control is 10 days from the date of submission of the request.
- Quality control is carried out at the expense of the seller (other authorized person).
- The consumer has the right to participate in checking the quality of the product.
If the second-hand store (authorized person) does not want to carry out a quality check, you should proceed to Step 3.
Step 3 | Product examination
If a second-hand store (authorized person) believes that the cause of defects in the goods is the consumer, then the consumer is obliged to conduct an examination of the goods in order to establish that the defects of the goods arose before it was transferred to the consumer or for reasons that arose before that moment |
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Returning second hand goods
I am an individual entrepreneur, selling second-hand goods on the market, taxation under the simplified tax system plus a patent, type of activity according to KVED 46.01, no employees, the place of trade is called a trading shed. I can’t figure out whether I need a cash register or not? There is a test on the tax inspectorate’s website to determine this; in the third point of the test, I select trading at markets and fairs and in the end it turns out that a cash register is not needed, second-hand goods are not excisable goods. But, I read, there is a whole list of amendments regarding trading on the market and, based on them, then a cash register is needed. Please help me figure it out.
Hello, Olga Anatolyevna. According to Art. 2 of the Federal Law of the Russian Federation dated May 22, 2003 No. 54-FZ “On the use of cash register equipment when making payments in the Russian Federation,” organizations and individual entrepreneurs can make payments without the use of cash register equipment (CCT) when trading in retail markets, fairs, in exhibition complexes, as well as in other areas designated for trade, ! with the exception of shops, pavilions, kiosks, tents, auto shops, auto shops, vans, container-type premises and other similarly equipped retail places (premises and vehicles, including trailers and semi-trailers) located in these places of trade and ensuring the display and safety of goods, open counters inside covered market premises when selling non-food products, except for trade in non-food products that are defined in the list approved by the Government of the Russian Federation by the relevant order of the Government of the Russian Federation in the list of non-food products, when trading in retail markets, fairs, exhibition complexes, as well as In other territories allocated for trade, organizations and individual entrepreneurs are required to make payments using cash register equipment, including the following types of goods - clothing (except underwear, handkerchiefs), hosiery (knitted or knitted), as well as some products leather. In accordance with the above regulations and based on the data contained in your question, you need to use a cash register.
Should second-hand stores accept returns of goods, as expected, within 2 weeks? They say no and only exchange within 2 days? It seems to me that the law is the same for all types of trade on the territory of the Russian Federation, am I right? Thank you!
Hello, in accordance with the provisions of Article 25 of the Law of the Russian Federation “On the Protection of Consumer Rights”, paragraph 26 of the Rules for the Sale of Certain Types of Goods, the consumer has the right to exchange a non-food product of proper quality for a similar product from the seller from whom this product was purchased, if the specified product did not fit shape, dimensions, style, color, size or configuration. The consumer has the right to exchange non-food products of proper quality within fourteen days, not counting the day of purchase. Based on the specified provisions of the law and rules, the buyer’s request for an exchange or return of goods must be satisfied if the goods have not been used, their presentation, consumer properties, seals, labels are preserved (i.e. in the condition in which the goods were transferred by the seller at the time of concluding a purchase and sale agreement in the Second Hand store), and there is also evidence of the purchase of goods from this seller, with the exception of goods that are not subject to exchange or return in accordance with the List approved by the Government of the Russian Federation.
Article 25 of the Law - 2 weeks for exchange - but if there is no product for exchange, then you have the right to a refund. In case of refusal, a complaint to Rospotrebnadzor will not hurt. Good luck to you!
Good afternoon, Inna! Write a written complaint to the seller. Let them justify their refusal, which you can appeal. Saying it in words is one thing, but responding to a complaint is something else entirely.
Please, an individual entrepreneur (a second-hand store has been issued a patent) sells goods that are not listed in the KVED. HAS UNREGISTERED EMPLOYEES. What fine does it face and where should I go to have this individual entrepreneur checked?
Hello. You can write an application to the tax service to conduct an audit. If an employment contract is not concluded with the employee, the fine ranges from 5,000 rubles.
I ordered in bulk 300 kg of second-hand cream category in the amount of 111,000 received the goods, opened there, not the same product that I ordered, can I return it?
Hello, Vladimir! You can return it. Write a complaint to the supplier and demand a refund. If the claim is not satisfied, go to court.
Good afternoon You need to submit a claim to your supplier with your requirements. If you refuse, go to court. All the best!
Yes, of course, but in any case, you need to start with a claim; if it refuses, then you need to file a lawsuit and demand a replacement of the product or a refund.
Hello, you need to send a written claim to the seller demanding a refund or sending the product you ordered; in case of refusal, you have the right to go to court. Thank you for choosing our site, all the best, goodbye
Individual entrepreneurs on UTII activities selling second-hand goods in court (alimony) are urgently asked for documentary evidence of their income.
The court case concerns alimony.
Consultants provide answers to questions arising from the questioner’s business activities, including tax law, on a paid basis. In your case, consultation on tax law.
I am involved in the second-hand trade. Suppliers lent goods. There is no trade, time is running out, there is no money to repay the debt. I gave away little by little. But she didn’t give everything. The suppliers called the police and wrote an explanation. I didn’t give my explanation. There is no contract, no invoices. There are witnesses. What to do next.
Hello! There is no element of crime in your actions. The suppliers are wrong. Your dispute is of a civil nature.
If there is no agreement, they can call the police, indicate to the police, if they call you that you gave the goods for sale, but there is no trade, you are ready to give the property back.
Tell me if it is possible to exchange and return goods in second-hand stores. What law can you refer to? The sellers say that no, they cannot remember all the goods, how can you prove that you took it from us, that the goods are not new, there are no tags on the goods, and they refer to Article 26 of the Law on the Protection of Consumer Rights.
If you were not warned that this item is second hand, i.e. used, then you have the right to demand the return of the goods, and if warned, then there can be no talk of any return. because A used product initially implies a product of poor quality. The consumer protection law is not applicable in this case
I bought second-hand clothes from an online store. The product does not correspond to the declared excellent condition and barely reaches satisfactory condition. No documents were included with the parcel. And they said that these were items on sale and they could not be returned. Is there a chance to get my money back? 1700 rub.
In court, if there is at least some documentary evidence of the purchase of the item
Yes, there is a possibility, but you just need to go to court. They will not return voluntarily. But you can go to court at your place of residence.
I want to give away a second-hand product for sale. The goods will be given by weight, for example 700 kg. How to properly formalize our relationship with a person who is ready to take the goods for sale.
Installment purchase agreement.
Is it possible to return goods purchased at a second-hand store? If so, then in accordance with which article of the law of Ukraine, if not, please write the article of the law.
Axis is the law for you (http://zakon1.rada.gov.ua/laws/show/1023-12/page) read and analyze.
When I’m retired, I want to sell second-hand goods around the villages in July. What documents need to be submitted for this.
Hello! Register as an individual entrepreneur. Contact the tax office.
I bought an item at a second-hand store, can I exchange it or get my money back?
Unfortunately, no, since items purchased at a second-hand store are used and not new, and therefore cannot be returned. They are not subject to consumer protection laws.
I am an individual entrepreneur, selling second-hand goods, is this type of product subject to return, all my associates insist that it is not, but I have not found a legislative basis anywhere.
Subject. There are no restrictions in the law.
A used product, when sold to a consumer, is subject to the same guarantees as when selling a new product, since the law does not specifically provide otherwise.
Second-hand goods are subject to return and exchange
Stores such as Second-hand (sale of used clothing and shoes) sell branded items (Nike Adidas Puma, etc. used) without the appropriate certificates. Is it possible to sell second-hand branded items (Nike Adidas Puma, etc.) in stores without the appropriate certificates?
Thank you.
Yes, you can, these are not new clothes
Dear Vitaly, Rybinsk! The trading rules are the same for any type of trade, i.e. availability of accompanying documents for the goods, incl. and certificates are required. Otherwise, such a product should NOT be sold, given away for free. I wish you good luck Vladimir Nikolaevich Ufa 03/27/2014 18:09 Moscow time
Please tell me, I want to buy a product with equipment (second hand), do I need to formalize the purchase and sale or will there be a receipt for receipt of money and that the product is transferred to me.
Hello! It is safer to draw up a proper contract. And already to it - a receipt and an act of acceptance of the transfer of goods.
I purchased second-hand goods wholesale remotely. They assured in writing that the product was of the highest quality, new and with minimal wear. We did not sign the supply agreement. We received the goods, and there were torn, dirty, elongated items. The requested age category is 0-14, and there are more than 50% of things for adults. Also, many tags are cut off, it is impossible to determine the brand and size. The product was not accompanied by a certificate of disinfection, and there was no characteristic smell of disinfection either. The request to return money for illiquid goods was refused. They argue that such sorting was caught. How can I get my money back?
Write a written complaint to the supplier, asking to return the money within a reasonable time, in case of refusal, conduct an examination of the delivered items, and go to court
This is the situation! One individual entrepreneur supplied another individual entrepreneur with goods (second-hand goods) without drawing up a supply agreement, using invoices! The invoices have a signature, but there is no buyer's seal, only a signature! How to prove in court that no money was received, based on the fact that the cash register was not kept and all payments were made either in cash or transferred to a card!
Hello! The individual entrepreneur’s signature is proof that delivery has taken place and the goods have been received. Printing is not required at all. And the payer is obliged to prove the fact of payment.
printing on the invoice is sufficient for the court, because the calculations were not properly formalized at all, you can demand payment for all deliveries
Yesterday I bought shorts at a second-hand store, they didn’t fit in size, I wanted to make a return or exchange, they refused me and said that there is a law on used items, exchanges and cannot be returned, is that true?
You may be refused a return or exchange of goods of good quality only if the goods have been used and their presentation is not preserved. If the product does not fit and you did not wear it, its presentation is preserved, then you have the right to contact the store within 14 days with a written complaint in two copies indicating a clear requirement (return or exchange). The seller is obliged to accept the goods from you and satisfy your request. Go again and refer to the Law on the Protection of Consumer Rights and Rospotrebnadzor, the law is on your side, the seller is wrong!
Surely the consumer made a rash purchase, and later regretted the purchase. You should be prepared that employees will be very dissatisfied with the decision to return products, but this is possible. You should know that in most cases the money is returned.
Is it possible to return a purchased product to the store if you don’t like it?
When going to talk with the seller, the consumer should study the document ZPPP, which spells out the rights of buyers.
The document contains provisions that protect the consumer in the event of an attempt to return a product they do not like. What actions need to be taken in this case, how to do it correctly, in what time frame it can be done.
to the store without a receipt - step-by-step instructions
Federal legislation takes care of the rights of buyers, therefore, if a receipt is lost, it is possible to return the purchased purchase. You need to do the following:
- check the integrity of the purchase and its appearance. The appearance of the item must be preserved, all labels must be present, and the purchased product must be new;
- go to the place of purchase with your passport and report your intention to make a return, report the loss of the receipt;
- since the main evidence is lost, provide other proof of purchase in a specific place: a guarantee with stamps and signatures, a bar code or witness statements;
- write where all information about the client and the seller is indicated.
Is it possible to return an item to the store if it doesn't fit?
If, when purchasing a product, the consumer realizes that he has made a mistake, he should contact the seller. The complaint may not be about quality, but about one of the parameters. A return can be made, but one of these reasons must be indicated in the application.
You cannot receive cash for products from some categories under any circumstances. A list of them can be found in the document “On the Protection of Consumer Rights”; below are some of them:
- medical supplies;
- household appliances and electronics;
- weapon;
- animals;
- decorations.
Is it possible to return an item purchased at a discount?
Many stores, when organizing a sale, resort to marketing deception. Often in front of the counter you can see the inscription: “Items purchased on sale cannot be exchanged or returned.”
The seller may reduce the price of the product if it has any defect. In this case, you are required to inform about the defect on site. Once you have read this information and then made a purchase, you cannot make a return due to these defects.
When there is a sale and the products at a reduced price are of high quality, then all actions are carried out in accordance with the regulations.
Is it possible to return consignment goods to the store - return procedure
Thrift stores offer used products. Therefore, people believe that it is no longer possible to get their money back. In fact, you can return them if the product is of poor quality or does not meet the specified data.
When purchasing, you need to read the information about wear and tear and possible product defects, and then confirm your awareness with a signature. If within fourteen days the customer decides to return low-quality products, the seller can only exchange it for an item from the same category.
Consignment products, if they are of high quality, are returned in accordance with the general rules.
Is it possible to return goods purchased on the market?
When purchasing products on the market, the buyer does not require a receipt and believes that it will no longer be possible to make a return. If no more than 14 days have passed since the date of purchase, you must follow the instructions:
- First you should contact the seller. In most cases, sellers know the rules and will return the money;
- if the seller does not remember the buyer, witnesses should be brought in;
- familiarize yourself with the packaging. Tags and a price tag may remain on it - they will serve as proof of purchase;
- if this does not work, you should go to the market administration and describe the problem;
- write a complaint in 2 forms, which indicates that in case of violation of rights, an appeal to the court will follow.
Is it possible to return goods purchased at a second-hand store?
The rules of trading in a second-hand store are similar to a consignment store. All defects of items must be indicated on the receipt and label. When purchasing a specific item, you should familiarize yourself with the defects and in the future you cannot receive money for it.
The situation is different if the seller forgot to indicate information about the defect. In this case, you can hand over the products to second-hand stores according to the general rules within a two-week period from the date of purchase.
Is it possible to return goods taken on credit?
The procedure for returning a product purchased on credit is more complicated, but possible.
Carried out if the product is defective or one of the parameters is not suitable for the buyer. You should read the consumer lease agreement, which contains all the information.
The state guarantees that the entire amount will be returned, except for insurance and interest to the bank. If the purchase is returned due to a defect, the seller is obliged to pay the buyer the full amount with interest and insurance costs.
Resolving the issue with the seller is not enough - the agreement will need to be canceled with both the seller and the bank.
First, you need to solve the problem with the store by writing a statement, and if the products are of poor quality, attach a complaint to it. In return, the seller issues a certificate of return of products and returns the money that was paid in the store.
How to return a product purchased in an online store?
When making purchases via the Internet, the rights will be protected by the section “On distance selling” of the Law of the Russian Federation.
Each person can refuse purchased products via the Internet within seven days, and you can receive cash for products of any category. It must retain its appearance. An independent expert can help resolve disputes between a merchant and a client.
The first step should be to write a claim in 2 copies. The document is sent to the seller by registered mail, and if there is no response, an appeal to the court follows. A duplicate of the receipt and all available documents for the products should be attached to the complaint.
When deciding to return products, you should behave calmly and confidently. Remember that the regulation protects your rights and you are required to reimburse the amount in full.