Consumer rights when returning goods

The rights of the buyer when returning the product and then replacing it with an analogue with more suitable characteristics are protected at the level of federal law. This is a well-known fact (in practice), but not all citizens (and sellers) are aware of certain nuances of the relevant legal act.

The Federal Law “On Protection of Consumer Rights” obliges the owners of outlets to accept and exchange goods, even if they are of quite good quality, do not require repair and replacement for a functionally complete one. There are enough reasons for such a procedure. The buyer’s right to return the goods arises if the item purchased by him does not correspond to the desired parameters: shape, size, style, color or configuration. The period during which a person can return the goods is 14 days. There are, of course, a number of legal restrictions on product returns. Namely:

  • presentation is in order, all factory stamps and other external signs are unchanged;
  • there is a receipt confirming the purchase in a particular store (in some cases, you can do without it – more on this below);
  • the product is not included in the list of those approved by law that cannot be returned (we will consider examples of such products below).

All that needs to be done is to bring the purchased item to the store, contact the seller and give him a statement in the prescribed form, unless, of course, the owner of the outlet gives his copy (this is usually done). Some lawyers recommend making a copy of the document and asking the seller to put the store’s stamp on it (which would indicate the fact of receiving the application). If, for some reason, the store representative does not want to accept the application, you need to send the document by registered mail with notification. To, if necessary, present evidence to Rospotrebnadzor or in court.

The legal rights of the purchaser then take effect. He can choose a product with optimal characteristics.

When items are out of stock

It is possible that an analogue of the replaced product, the characteristics of which would suit the buyer, are temporarily out of stock. What to do? Lawyers recommend again to pay attention to the Federal Law “On Protection of Consumer Rights”. In its 25th article it is said that in the absence of the goods that the buyer wants to see in return, there are grounds for terminating the sale and purchase agreement.

Actually, in this case, the seller is obliged to return the amount paid for the product within three days from the moment when the buyer visits him with a request to exchange the goods. Another option is to negotiate. The seller, having received the desired characteristics of the goods and his contact details from the buyer, can oblige himself to inform his client about the fact of the sale of the desired product as soon as it is delivered by the supplier.

If the seller does not want to respect the buyer’s rights when returning goods or exchanging them, the store’s customer has the right to apply to Rospotrebnadzor, the court or the prosecutor’s office with a corresponding complaint.

Items that cannot be exchanged

Above, we have identified a number of legal restrictions on the return of good quality goods. However, the buyer’s rights are also limited to a special list of products that, due to their operational characteristics, cannot be exchanged due to inconsistencies in style, shape, color, etc. Let’s list them:

  • goods, the purpose of which is to carry out preventive and medical procedures without going to a doctor (at home)
  • personal hygiene items;
  • perfumery, cosmetics;
  • clothing made of cotton, linen, silk, wool or synthetics;
  • products made of materials related to the non-woven type (braid, various ribbons, jewelry, lace); products whose purpose is to carry out preventive and medical procedures without going to a doctor (at home);
  • personal hygiene items;
  • perfumery, cosmetics;
  • clothing made of cotton, linen, silk, wool or synthetics;
  • products made of materials related to non-woven type (braid, various ribbons, jewelry, lace);
  • wires, cables and cords;
  • linoleum, carpet and other similar finishing materials;
  • socks, underwear, knitwear;
  • dishes, plastic boxes for food and other similar products;
  • washing powders, soaps;

Grounds for return

Above, we determined that it is possible to return a product of proper quality only if the seller has nothing to offer in return. There are no other options for the “cashing out” procedure. But it is quite another matter if a product purchased in a store has shortcomings – this is how the Federal Law “On Protection of Consumer Rights” denotes the fact that the product is not functional, has external damage – in a word, is unusable.

What are the consumer’s rights when returning goods improperly