Is it possible to return a product if the packaging is opened

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Packaging is the first thing that goes into the trash bin after purchasing a product. Often the check also ends up there. At the same time, due to the lack of original packaging, stores refuse to allow customers to return defective or simply unsuitable items.

For your information

In most cases, the seller’s refusal to return goods without packaging is unlawful. However, the arbitrator does not always side with the consumer, which is confirmed by extensive judicial practice. So is it possible or not to return the goods to the store with the packaging opened or without it at all?

Normative base

The procedure for returning goods is described by the following legislative acts:

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Civil Code of the Russian Federation, art. 503, art. 504. The conduct of retail trade, the rights and obligations of buyers and sellers are devoted to § 1–2 of Ch. 30 of section IV of the Code.
Federal Law No. 2300-1 of 02/07/1992 on the protection of consumer rights (PZPP).
Government Decrees No. 924 of November 10, 2011 and No. 55 of January 19, 1998. The acts contain a list of goods of special categories: those related to technically complex ones and those that cannot be returned or exchanged within 2 weeks as unsuitable.
MAP Letter No. 160 dated May 20, 1998. The document explains in detail the rights of consumers in relation to defective goods, the nuances of their return and exchange.

Attention
Regulatory acts apply at the federal level. There are no regional specificities for the return of unpacked goods. Retailers also do not have the right to introduce their own rules that worsen the situation of the consumer.

The PLA does not make any special mention of packaging, the need to store it and return it. It is perceived as one of the evidence that the purchase of goods was made in a specific store, since branded labels and price tags are often attached to it. There are several exceptions to this rule.

Additional questions

Returning goods without packaging to IKEA

IKEA has very humane return policies: you can get your money back for a purchase within 1 year, even if the product simply doesn’t fit. It is not necessary to return the packaging. The only condition is that the product must not be used.

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This is also important to know:
Is bed linen subject to return to the store by law: what to do if you want to return it

Exceptions are made for bedding of appropriate quality. You can check whether pillows and blankets are comfortable for resting and sleeping within 14 days; test mattresses for strength - 90 days. The buyer has the right to exchange such products, and only if the suitable model is not in stock on the day of the client’s request, IKEA will return the money.

Returning the Ascona mattress

, a leader in the sleep and leisure market, promises that their branded mattresses will last up to 20 years. For example, the warranty period for modifications is up to 10 years, and for models up to 15 years.

The warranty card for mattresses is valid if a branded base was used during the operation of the product.

Is it possible to return a product to an online store without packaging?

The procedure for returning a product purchased in an online store has its own differences.
It can be returned within 7 days after receipt. Moreover, it is not necessary to indicate the reasons why you decided to return the purchase. The main thing is to correctly fill out the return form, which is attached to the package with the products.

If it is not available, the return period will be three months.

The following conditions must also be met:

Maintain marketable appearance;
Help maintain the integrity of the packaging;
Labels and factory seals should be kept intact.

Thus, it is possible to return the product to the store without packaging, regardless of the quality of the product. If such rights are violated, it is important to consult with a lawyer to decide what to do next.

Is it possible to return a product if the packaging is damaged?

When purchasing a product, the consumer always hopes that it will satisfy his requirements. But as practice shows, sometimes the goods have to be returned for some reason. His return is conditional on compliance with certain rules in accordance with the requirements placed on him.

The seller includes in these rules the mandatory presence of product packaging as evidence of the purchase of goods from him. Although in the current situation the demand turns out to be unauthorized. What does the law say? The relationship between the seller and the consumer in transactions of purchase and sale of consumer goods is regulated by the Federal Law “On the Protection of Consumer Rights” and the Civil Code of the Russian Federation.

According to the requirements of legislative acts, the fact of purchase of goods and the date of its purchase are confirmed by a cash register or sales receipt.

Consumer rights to return goods without packaging

The consumer has the right to exchange a high-quality non-food product within 2 weeks for a more suitable one in size, color, etc. If the store is unable to offer anything alternative, it is obliged, at the client’s request, to cancel the transaction and return the money. In this case, an important condition applies about preserving the original appearance and properties of the product, due to which it may be difficult to return it without packaging.

If the item is defective, the buyer has the right:

replace it;
get a discount;
demand elimination of defects or compensation for repair costs;
return it and take the money.

IMPORTANT
Often it is not necessary to return a defective item with a box. Art. 16 of the PLA prohibits making the fulfillment of consumer requirements dependent on any circumstances not related to product malfunctions. However, the seller should not deduct the cost of damaged or lost packaging from the refund.

This is confirmed by the XII Letter of MAP No. 160: the buyer is obliged to return the goods to the seller as complete as possible, excluding packaging and parts that wear out quickly during operation.

Attention

The packaging must be preserved if the manufacturer specifically indicated such information on it or in the product instructions. Also, the law will be on the side of the seller if it is an integral part of the product.

Returning goods of inadequate quality

A product of inadequate quality can be returned during the warranty period determined by the manufacturer or seller. In the absence of a guarantee, the period should not exceed two years in accordance with Art. 19 ZPPP.

As for technically complex products specified in Government Decree No. 924 - smartphones, tablets, household appliances, they can be exchanged or returned within 15 days. According to Art. 18 ZPPP, you can take them after 15 days only if:

repairs are carried out more than 45 days;
significant defects have been identified that either cannot be eliminated, or their repair will be more expensive than the product itself;
The device cannot be used for more than 1 month during each year of the warranty period.

As for the packaging of goods of inadequate quality, the MAP Order in paragraph 12, examining Art. 22 of the ZPPP, determined that all goods are subject to return, with the exception of packaging and parts that quickly become unusable.

An exception for both low-quality and high-quality goods is the case when the manufacturer has indicated information about the need to preserve the packaging on itself or in the instructions, and also if it is part of the product itself.

Returning goods without packaging of proper quality

The consumer can exchange a good quality product within 14 days after purchase if it does not fit any parameters: color, configuration, size, style, etc. This is guaranteed by Article No. 25 of the PZPP.

Attention

The rule does not apply to medical devices, perfumes and cosmetics, complex technical products, furniture, textiles, jewelry, etc. The full list of goods that are not subject to return or exchange is given in Resolution No. 55 of January 19, 1998.

You can refuse the product and receive money only if the store does not have an exchange alternative suitable for the consumer. The product must retain its original appearance: all labels and seals are in place, there are no signs of use. Unlike a defective product, a quality product will be put on display and sold again after its return.

Whether the packaging relates to “appearance” is decided jointly by the client and the seller, and if no agreement is reached, by the court. As a rule, factory packaging is required, but the one that the store issued for protection or ease of transportation of the goods is not.

Returning goods without packaging - what the law says

The relationship between the seller and the buyer is a bilateral transaction, which is regulated by the following regulations:

Law of the Russian Federation “On the Protection of Consumer Rights” No. 2300-1;
Civil Code of the Russian Federation;

Decree of the Government of the Russian Federation “On approval of the Rules for the sale of certain types of goods, the list of durable goods...” No. 55;
Decree of the Government of the Russian Federation “On approval of the list of technically complex goods” dated No. 924.

These documents regulate the general trading process, as well as the rules for returning products to the store.

Note!
Art. 18 of Law No. 2300-1 states that ensuring the safety of factory packaging is not included in the list of responsibilities of the buyer. In other words, the seller is obliged to accept the item without wrapping.

There are 2 exceptions to this rule. The store is not obliged to accept goods without packaging if:

It is written on the box or other container that it must be preserved. If the packaging had such a mark from the manufacturer, you will not be able to return the item to the store without it.
Packaging and product are one whole. If the destruction of the wrapper results in a defect in the item, the seller is not obliged to accept it back.

Returning a product without packaging of inadequate quality

Returning a defective product is possible throughout the entire warranty period determined by the manufacturer and/or seller. An exception is made for technically complex, multifunctional products listed in Decree No. 924: smartphones, tablets, household and garden equipment, etc. They can be returned to the store after 14 days after purchase if:

the product is repaired under warranty for more than 45 days;
significant, irreparable, repeatedly manifested deficiencies or those the elimination of which is unprofitable have been discovered (the costs of labor and spare parts are approximately equal to or exceed the purchase price);
The product cannot be used for its intended purpose for a total of more than a month in any year of the warranty period. It does not matter whether we are talking about different faults or the same recurring one.

Attention,
the seller returns the defective product back to the manufacturer or supplier. The law does not impose requirements regarding appearance for such things, so the box, packaging and wearing parts do not need to be included with the returned product.

Packaging is required if it is an inseparable part of the product or if the manufacturer has specifically warned about the need to preserve it. Often such containers are marked with product markings.

How to return an item without packaging within 14 days?

During the first 14 days, the buyer has the right to demand a refund if a manufacturing defect occurs. A quality item can be returned if:

it did not suit the client;
not included in the list of “non-returnable” goods of Resolution No. 55;
has not been used, its appearance and properties are preserved;
The store does not have any items for exchange.

IMPORTANT
Products with a defect can be returned without packaging. For a quality item, it is often required as a component of the original appearance. We are talking specifically about the original packaging, and not the container that the store gave to the client for ease of transportation or protection of the purchase.

During the first 14 days, the return of even technically complex items is carried out in a simplified manner, since the basis for it is any, even small, manufacturing defect. The store has the right to organize a quality check or examination if it doubts the client’s words. Returns must be processed within 20 calendar days from receipt of the first claim and delivery of the goods.

Products without defects: how to return them within 14 days?

Prepare the item for return in advance; if necessary, wipe it down. It must retain its appearance as well as its consumer properties. There were no signs of use. It must retain seals and factory labels.
Check that it is not a technically complex product.
It’s great if you have a cash receipt, sales receipt or other document that confirms the fact of the purchase.
Make sure that you meet the deadline and return the item before 14 days have passed from the date of purchase.
Contact the retail outlet where the purchase was made.
Compose a statement in which you ask the seller to exchange the product for you with a similar one, but with different characteristics of color, configuration, etc., at the same price or with your additional payment.
The seller must inspect the goods and read the statement. At this stage, difficulties may arise. For example, the seller may consider that by tampering with the packaging you have also violated the presentation. You will have to explain that the container was broken only for objective reasons. For example, it was impossible to remove the product without removing the protective film or polyethylene layer.
If the seller does not make concessions, you will have to contact Rospotrebnadzor or the court.

Returning a product during warranty

From the 15th day after purchase, return claims can only be made for defective items. Moreover, the disadvantage of technically complex products must be significant, irreparable, or interfere with the normal operation of the product.

For your information

The consumer has the right to present his claims throughout the entire warranty period. If the manufacturer or store has not specified its duration, it is considered equal to 2 years. The warranty period is counted from the conclusion of the transaction, and if this point is difficult to determine, from the date of manufacture of the product.

Since only defective items can be returned after 2 weeks, it is not necessary to provide product packaging. However, it should be retained and returned if such a rule is provided by the manufacturer or if it is an inseparable part of the product.

Attention

According to Art. 16 of the PLA, the store does not have the right to refuse to satisfy the client’s legal requirements on grounds not related to product defects. And packaging usually does not affect the quality of the purchased product.

Deadlines

The client has the right to apply for the return of goods for which there is no packaging (or it is damaged) within the following terms:

14 days, not counting the date of purchase of high-quality, non-used items (Article 25 of the RF PLZPP);
during the shelf life or warranty period, if defects are identified in the purchase, and if these are not identified, then for 2 years (Article 19 of the RF PZPP);
at any time before delivery of the item to the client, after receipt - within 7 days, and if the buyer is not informed about the return conditions, then within 3 months. (when purchasing remotely - Article 26.1 of the RF PLZPP).

This is also important to know:
Return of jewelry: what jewelry can be returned

An item without defects must be exchanged for another, similar one on the day of circulation (Article 25 of the RF PLZPP), and the money will be given back only on the condition that there are no analogues for sale, and not necessarily on the same day: it is allowed to return the paid funds within 3 days.

A defective purchase must be replaced with a similar item within 7 days after the request, and if inspection is necessary - 20 days (Article 21 of the RF PLZPP), and within 10 days to make repairs or return the money (Article 22 of the RF PLZPP).

Art. 26.1 PZPP of the Russian Federation requires the return of money for goods purchased via the Internet within 10 days after the client’s refusal.

Step-by-step instructions for returning goods without packaging

If we are talking about a defective item, the general procedure for returning goods without packaging is as follows:

Go to the store with an application and goods. List the identified deficiencies and demand a refund.
After a visual inspection, the seller is obliged to pick up the goods and fill out a report in which he describes the technical condition (cracks, chips) and the equipment. It must indicate the absence of packaging.
Quality checks are carried out at the initiative and expense of the seller through its own service department or contractors. Its purpose is to determine whether the product contains the defects found by the client. Usually after this the store makes a return or refuses it if no defects are found.

If the consumer does not like the results of the inspection, he can organize an independent examination at his own expense, then send a pre-trial claim to the store management. If the seller does not make concessions, the client has the right to defend his interests in court.

For your information

The consumer can exchange a quality item within 14 days and return it only if the seller does not have a suitable alternative. In this case, the absence of packaging will have to be justified - to prove that this does not impair the presentation of the product, it does not need to be discounted for re-sale.

Refund in case of inadequate and proper quality of goods

The return of goods of inadequate and proper quality is regulated by various articles of the Law “On Protection of Consumer Rights”. A product that meets all criteria and declared characteristics is considered to be of high quality. The need to return it appears if the item does not fit in size or color. You can get your money back for such an item if the following conditions are met:

The item must be intact, without signs of use,
Maintaining the completeness of the product,
No more than two weeks have passed since the date of purchase,
Cash receipt saved
The item must be returned in accordance with current legislation.

Article 25 of the Federal Law “On the Protection of Consumer Rights” states that the return of quality goods is possible even if the receipt is lost. It is enough to present the instructions or technical information. passport, which contains information about the date of sale and the seller. Read more about returning goods without a receipt on our website https://potrebexpert.online/5483-usloviya-problemy-vozvrata-tovara-v-magazin-bez-cheka

You can hand over the goods without packaging of proper quality, but with the obligatory condition of its integrity and preservation of its presentation.

A product that does not meet its characteristics, does not perform its stated functions, or has shortcomings that prevent its full use for its intended purpose is considered to be of poor quality. The seller is obliged to accept such goods regardless of the presence of packaging. Refusal, in this case, is considered illegal.

The law has determined that if the seller demands to return the product in its entirety, the item itself, its parts and components are returned. Packaging and parts of the product that wear out quickly and therefore could become unusable during initial use cannot be returned. It is better to include quickly wearing parts that have become unusable with the item being returned.

The ability to return goods remains available during the warranty period or expiration date. Technically complex products can be returned to the seller within 15 days. About the differences in shelf life and warranty period - read the article here https://potrebexpert.online/5787-opredelenie-vidy-garantiinogo-sroka-na-raznye-vidy-tovarov

An examination is appointed if there are doubts about the product being defective or defective. This procedure is carried out at the expense of the seller. The conclusion is handed over to the buyer and a decision is made to return the money or replace the item.

Application for returning goods without packaging

The law does not provide for a mandatory form of application for a refund: it is drawn up in free written form. The text of the document must indicate:

Where, when and for what amount the goods were purchased.
His shortcomings. If an independent audit has been carried out, you need to refer to the expert's opinion.
Requirements and deadlines for their implementation, which are justified by the norms of the PZPP and the Civil Code of the Russian Federation. If the funds were paid from a bank card or account, you must provide their details.

Please note:
The addressee of the claim is the organization or individual entrepreneur who sold the product. Their details must be issued upon the buyer’s first request; they are always present on the receipt. It is recommended to inform the store that the client is ready to fight for his rights, if necessary, in court and Rospotrebnadzor. It is better not to focus on the lack of packaging of the goods.

An application for returning goods without packaging is submitted to the seller in 2 copies. The client takes the second one with a note of acceptance.

Applications for returning goods without packaging can be found here or here.

Returning goods without receipt and packaging

It is advisable to attach a copy of the receipt to your application for returning goods without packaging. Its absence is not a reason to refuse a return (Clause 5, Article 18 of the PLA).

Additional Information

In large retailers, where sales are carried out using accounting programs, when returning goods without a receipt, you can re-print the sales receipt. In any store, the receipt and release of items into the warehouse can be traced using serial numbers, markings and invoices. Instead of a payment document, a warranty card with the seller's seal, an acceptance certificate, and witness statements are accepted.

It will be considered illegal to refuse a return only due to the lack of a receipt and packaging as evidence of the sale (however, it is legal if the original packaging is important for preserving the presentation of the product).

Return of goods without packaging, but with a receipt

The legislation provides for different rules for the return of high-quality and low-quality goods.

Return of goods without defects

It is quite easy to hand over an item of proper quality without packaging. This requires simultaneous compliance with a number of rules:

product. Not included in the legal list of items that are not subject to exchange or return. Their list is contained in Decree of the Government of the Russian Federation No. 55;
thing. It has not been used, and it has not lost its presentable appearance;
Less than 2 weeks have passed since the purchase.

The consumer has the right to return or exchange goods not only without packaging, but also without a receipt. In Art. 25 of Law No. 2300-1 states that instead of a check, a citizen has the right to transfer to the store any other papers on which the date of purchase and the name of the outlet are indicated. This may be a warranty card or product registration certificate, or other similar documents for the product.

If the buyer does not have paper confirmation of the purchase, he has the right to use the testimony of witnesses who were next to him at the time of the transaction. Another option is to ask the seller for CCTV footage. However, in order to make a return or exchange without unnecessary problems, it is recommended to save the documents for the product.

Note!
By law, the seller is not obliged to immediately give the buyer money. First, he may suggest a similar replacement. If this is not suitable for the consumer, he has the right to choose another item with a recalculation of the cost, or to demand his funds back.

Returning goods of inadequate quality

According to Art. 4 of Law No. 2300-1, a product is considered defective and must be returned if it does not correspond to the characteristics declared by the manufacturer, which is why the consumer cannot use it for its intended purpose. The defect must be a factory defect. If the product is damaged by store employees due to improper storage or transportation, the manufacturer is not responsible.

If a manufacturing defect is detected, the consumer has the right to demand from the seller:

return of funds;
free defect elimination;
payment of expenses for self-repair of the malfunction;
discount commensurate with the identified defect;
replacing the product with the same one, but without defects;
exchange of a low-quality product for another product with recalculation of its price.

Arbitrage practice

As a rule, returning a defective product with or without damaged packaging does not raise any questions for sellers and buyers. More interesting is the practice of purchases whose quality corresponds to the declared quality, when the parties, through the court, determine the importance of packaging for preserving the appearance of the product.

Thus, a resident of the city of Khimki purchased a roll of wallpaper wrapped in factory-made polyethylene. When she got home, she cut it open. It turned out that the color didn't match. The store refused to accept the roll due to the torn packaging. The court supported him: once opened, the wallpaper was not subject to sale; without unwinding them, it was impossible to establish for sure that they were not damaged or cut (resolution No. 2-23/2012 of December 12, 2012, Khimki).

In another case, a buyer asked for a refund for a flip case for a cell phone. He immediately threw away the branded plastic packaging. The accessory was of good quality, but did not fit. The court ordered the store to make a return, since there were no visible signs of use on the case and the nature of the goods allowed it to be sold without packaging, from the display case (decision No. 2-312/2014 of April 17, 2014, Yekaterinburg).

Returning goods without packaging to IKEA

IKEA has very humane return policies: you can get your money back for a purchase within 1 year, even if the product simply doesn’t fit. There is no need to return the packaging. The only condition is that the product must not be in use.

Attention

IKEA Return Policy

IKEA is a giant hypermarket located in million-plus cities of the Russian Federation . IKEA is subject to Russian legislation, but provides unique rules of interaction for its customers.

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