How to file a claim for a refund for an item that did not fit?

Is it possible to return?

The possibility of returning a good product to the seller is provided for under Art. 25 Federal Law of the Russian Federation “On ZPP”. Clause 1 of this article describes how a consumer can exchange a non-food product if it does not meet one of the following characteristics:

• size range;
• colors;
• dimensions;
• models, etc.

However, the buyer should remember that in order to successfully return the product, a number of conditions must be met, which include the following:

• absence of any signs of use on the product (for example, worn out soles on shoes);
• preservation of presentation;
• integrity of seals and factory labels.

In addition, you will also need to provide a receipt or any other document that serves as proof that the purchase was made in this particular store.

The absence of supporting documents cannot be a basis for rejecting the buyer's claim. He can bring witnesses to confirm his words.

Which product of good quality can be exchanged if you don’t like it, and which cannot?

The legislation clearly defines cases in which it will not be possible to return goods of proper quality. Conventionally, they can be divided into two large groups:

1. Any food products - food that has a good shelf life and meets all safety standards cannot be returned or exchanged. This can only be done if there are signs of staleness, improper preparation of the product, etc.
2. The list of goods from the list approved by Decree of the Government of the Russian Federation of January 19, 1998 No. 55 - this includes various products for the treatment and prevention of diseases at home (for example, dental braces, thermometers), medicines, personal hygiene products (for example, ear sticks, accessories for hair), knitwear (bed linen, socks, panties, etc.), as well as other types of non-food products. We wrote about which non-food products of good quality cannot be returned here.

In order to clearly see the effect of the provisions of the law on the protection of consumer rights, let us consider several specific examples.

Example 1. For their wedding anniversary, the husband decided to give his wife a gift and bought a gold ring. After the surprise was presented, it turned out that the jewelry did not fit in size. The man filed a request to replace the product and went to the store, but his request was denied. Is the seller's action legal?

Answer. In this case, the consultant had every right to refuse to return the goods back. The thing is that products made from precious metals or stones cannot be returned or exchanged according to the list approved by the above-mentioned Decree of the Government of the Russian Federation (clause 9). In this regard, the buyer does not have the right to demand from the seller that he accept the ring that does not fit back.

Example 2. A family decided to renovate the kitchen and at the same time update the furniture. However, due to incorrect measurements, the store-bought built-in kitchen set did not fit. Is it possible in this case to return the product back to the seller or exchange it for another model?

Answer. According to the law, kitchen buyers do not have such a right, since furniture sets and kits are included in the list of goods of proper quality that cannot be exchanged or returned back to the store. In this regard, before purchasing a kitchen, you should carefully calculate and measure everything. Moreover, you can invite a specialist who can take the most accurate measurements.

At the same time, other situations occur in practice. So, if this family ordered a custom-made kitchen, and the master made a mistake with the dimensions and the finished product did not fit into the room, then such a miscalculation could be regarded as a flaw in the work performed.

In accordance with Art. 29 Federal Law of the Russian Federation “On ZPP”, in case of detection of deficiencies in the work performed, the consumer has the right to present the following requirements to the manufacturer:

1. fix the error free of charge;
2. give a discount when paying for this work;
3. re-manufacture a similar product free of charge;
4. compensate for the costs incurred by the customer in eliminating deficiencies in the work performed.

The consumer may also completely refuse to fulfill the contract for the performance of work, including the manufacture of a kitchen. However, in this case, he will still have to pay the actual expenses incurred by the master (materials, fittings, etc.).

Example 3. A girl bought high-heeled shoes in a shopping center. Arriving home and trying to walk in them, her legs began to hurt badly. In this regard, she decided to go back and ask the seller to exchange these shoes for a more comfortable model. However, the consultant stated that they do not replace quality products. Who is right in this case?

Answer. The seller's actions are definitely not legal. Shoes are not included in the list of non-food products that cannot be returned to the store by the buyer. In this regard, can he exchange it or demand the money back? Maybe in the following cases:

1. if the size does not fit;
2. the model turned out to be uncomfortable to wear;
3. not satisfied with the color or material, etc.

The most important thing is that the shoes do not show signs of use, which include: worn soles, scratches on the leather, folds, etc.

Example 4. The housewife bought a black gas stove for her kitchen. A couple of days after the start of use, she discovered that dust, drops and other contaminants were immediately noticeable on the dark product. Then she went back to the store and asked to replace the gas stove with a similar model, made in white. However, the sellers categorically refused to make a replacement. How legal are their actions?

Answer. Store representatives had every right to refuse to satisfy the demands of this citizen for the following reasons:

1. In accordance with clause 11 of the Decree of the Government of the Russian Federation of January 19, 1998 No. 55, technically complex household goods with a warranty period and of adequate quality are not subject to exchange or return.
   Thus, various household machines for processing wood and cutting metal, electrical appliances (microwaves, refrigerators, etc.), equipment for photography and video recording and other types of goods that do not meet the technical specifications, including gas stoves, cannot be accepted for returns or exchanges.
2. According to the law, in order to return a quality product, it must retain its presentation, all factory labels, seals, etc. However, as can be seen from the example, the woman had already started using the stove, therefore, she completely freed it from the original packaging; most likely, traces appeared that the product had been used.

Return of goods between legal entities

Its contents should not contradict any legal provisions, and the conditions are binding on all parties to the contract. When a trade transaction was not concluded between the parties, an agreement was not concluded, it is still governed by the norms of the Civil Code of the Russian Federation. If an agreement is drawn up between the seller organization and an individual, its compliance becomes subject to the scope of the ZPP. This applies to situations where citizens make purchases or order services for personal needs, without monetary gain. When one legal entity acquires things from another not for business purposes, but for transfer to individuals for use, then the seller organization has the right to accept claims for return or exchange exclusively from these individuals. For example, a company purchased gifts for its employees for the New Year, but they turned out to be of poor quality or not suitable for subjective reasons.

How to get my money back?

The general plan of action when returning a quality product back to the seller is as follows:

1. First, you need to make sure that the product can be returned, and then go to the store and try to negotiate with the seller “orally”.
2. If the store refuses to comply with the request, the next step is to prepare a written statement.
3. Next, you need to deliver the official appeal to the retail outlet in any convenient way and make sure that it actually reaches the addressee.
4. Expect a response from the store within the period allotted by current legislation on consumer protection.
5. Based on the results of consideration of the application, the seller may respond in one of the following ways:
   satisfy the buyer's requirement;
6. send a reasoned refusal with reference to the relevant legislation.
7. If the seller does not react in any way to the official request or rejects this request for unfounded reasons, the buyer can turn to the competent authorities for help.

Drawing up an application

The application is drawn up in any form addressed to the store manager. There are no strict requirements for its format.

It is best to prepare such a document on a computer and print it on A4 paper. In addition, you can download a ready-made sample from the Internet, having previously changed the relevant information.

The contents of the document include the following standard information:

• Details of the addressee and applicant - here the name of the store and the name of the director are indicated, as well as the full name, address and telephone number of the buyer.
• The name of the document - this can be an application for a refund or exchange of goods (depending on the situation).
• Description of the product - you must indicate its individual characteristics (color, article number, model, etc.), the full cost and date of purchase.
• The reason is whether it is possible to issue a return to the store or exchange it if you don’t like it - a variety of information can be reflected here, from the wrong size to the color that does not meet the taste preferences of the buyer.
• The essence of the requirement is that in the case of a quality product, this can be either its exchange for a similar product, or a refund of the money paid.

When drawing up an application, for greater persuasiveness, it is necessary to refer to specific norms of the Federal Law of the Russian Federation “On ZPP”. In this case it will be Article 25.

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

8 (800) 350-14-90

Collection of documents

In addition to the application itself, it is also necessary to prepare some additional documents. They will act as applications. This may include the following:

• receipt confirming the purchase;
• receipt;
• written testimony of witnesses.

Contact the seller

There are several options for delivering an application. The most standard way is to personally visit the store and hand over the documents to one of the employees. In this case, he must put his signature and date of receipt on the second copy.

However, sometimes there are situations when representatives of a retail outlet do not want to accept an application in any way . In this case, you can resort to other delivery methods:

• attract witnesses who in the future will be able to confirm the fact that the document was actually handed over to store employees;
• send the appeal by registered mail with notification of its delivery;
• use email (this is not the best solution, since the seller will be able to claim that nothing was received by email).

Waiting times for money

The Federal Law of the Russian Federation “On ZPP” establishes specific deadlines within which the seller must satisfy the buyer’s requirements. Thus, for quality goods the following time periods apply:

• The day the consumer contacts (in case of exchanging goods for a similar one).
• Within 3 days (issue of money for the purchased product). This period is counted starting from the day the product is returned.

What cannot be exchanged within 14 days

Items that do not carry out this process are:

• medicines or various medicinal products;
• hygiene items, represented by underwear, toothbrushes, combs or other similar items;
• textiles that are sold by cutting off the required amount of fabric;
• underwear or other similar garments;
• polymer objects that are intended for eating, therefore they are disposable tableware or food containers;
• household cleaning products;
• furniture used in everyday life, and this includes furniture;
• jewelry and items containing precious metals or stones;
• cars, motorcycles or bicycles, as well as spare parts for them;
• household products that are classified as complex equipment, therefore they have a warranty period during which proper maintenance must be carried out;
• weapons that can be used by civilians or employees of various government agencies;
• animals;
• periodical printed products;
• plants in pots or cut.

List of items that cannot be returned. Photo: minfin.com.ua

All of the above items cannot be exchanged, even if only a few minutes or hours have passed since purchase.

Which products that are technically complex cannot be returned?

Back in 2011, a special list was created of goods that are technically complex, so there is no possibility for them to be freely and easily returned to the store where they were purchased. They are considered products that use innovative and sophisticated technologies to create.

What rights and obligations does a buyer have in the Russian Federation? More details here.

They can be returned only if a defect is identified, so before purchasing you should carefully evaluate the feasibility of such a purchase, since if you are simply not satisfied with the color or size, then a return will not be possible.

These products include:

• aircraft that are light;
• motorcycles, cars and other vehicles running on internal combustion engines or electricity;
• video cameras and cameras;
• agricultural equipment, machinery and equipment;
• vehicles used for driving on snow;
• water transport for sports, walking or tourism;
• navigators and special communication devices operating wirelessly;
• PCs, laptops and other similar equipment;
• MFP based on inkjet or laser printing;
• computer monitors;
• various devices for watching television channels and films;
• household appliances intended for the kitchen or bathroom;
• watch.

How to return an item within 14 days? More details in the video:

A complete list of such items can be found in PP No. 55.

Which non-food products cannot be returned?

These include:

• personal hygiene items;
• Perfumes and cosmetics;
• fabric sold in lengths;
• furniture;
• plants;
• animals;
• jewelry and more.

Additionally, items with medical purposes are highlighted, since they are also not subject to return unless defective. This includes various inhalers, medications or other items intended for the care of infants, the disabled or the elderly.

All of the above items can be returned if they are defective.

Which food products cannot be returned?

Products cannot be returned without a valid reason, so all products should be purchased with care. Stores do not accept high-quality goods of plant or animal origin, or of mixed origin.

Returns are allowed under the following conditions:

• low quality;
• inadequate appearance that does not meet standards;
• expired.

Therefore, if basic norms and requirements are violated, even food products can be returned to stores.

What to do if you want to exchange, but the desired product is not on sale?

Sometimes when you contact a store, it may turn out that the desired product is not currently in stock. According to paragraph 2 of Art. 25 of the Federal Law of the Russian Federation “On ZPP” in this case the buyer can proceed as follows:

• Refuse from a previously concluded purchase and sale transaction and demand the return of the money paid for the goods.
• Wait until the day a similar product goes on sale and then make an exchange. In turn, the seller is obliged to immediately notify the buyer that the desired product is in stock.

Actions if the seller illegally refuses

If, even after sending an official statement, the seller does not want to satisfy the consumer’s request, then the latter has every right to complain about the violator.

As a rule, the first thing they do is write a corresponding complaint to Rospotrebnadzor, whose employees will be required to inspect the store and, if a violation of the norms of the Federal Law of the Russian Federation “On ZPP” is detected, hold the management accountable.

A more radical way to assert your rights is to submit a statement of claim to a judicial authority. However, you should be prepared for the fact that the proceedings may take up to 2 months.

In conclusion, it is worth noting that you can return a product back to the store not only if its quality is poor, but also if it does not suit other parameters (color, size, etc.). It should be remembered that only high-quality food products, as well as the list of goods approved by regulations of the Government of the Russian Federation, are not subject to return. In all other cases, you should defend your rights as a consumer without hesitation.

Legislative regulation

The procedure for exchanging/returning goods is regulated by the provisions of the Law “On Protection of Consumer Rights”. According to it, goods purchased by the buyer can be returned to the store, but if certain return conditions are met:

• If the matter concerns the return of a quality product (Article 25 of the Law “On Protection of Consumer Rights”), which the buyer simply no longer liked, then it can be carried out within the first fourteen days from the date of purchase (the report begins on the next day after the purchase) and provided that it will not suit him in shape, color, style, size, dimensions or configuration;

It is legally prohibited to return quality goods for other reasons.

Information

This rule does not apply when returning goods of good quality that are included in a separate list of goods that cannot be returned.

• If the buyer wants to return a product that turns out to be of poor quality (Article 18-19 of the Law “On Protection of Consumer Rights”), then the return is carried out at any time, within the warranty period (if any), or within the legally established framework provided for return of defective items, which is two years from the date of purchase. In addition, when returning a low-quality product, the buyer can be guided by the deadline established by its manufacturer or its manufacturer.

Let's consider the procedure for returning each type of goods separately.