Bringing back the irrevocable: 10 smart tips for the consumer
For those who don’t want to read much, we have a simplified version with an infographic and basic information: Money back because of the label in English: a memo for the consumer.
You can cancel an online order at any time before you receive it. You have seven days to decide if you want it or not if you have already picked it up.
To return, it is important to keep the appearance of the purchase and not to lose the receipt. You can also cancel your purchase without a receipt. True, you have to confirm when and from whom you bought the product. Sometimes it’s not difficult. For example, in large marketplaces, order history is saved. But in a small online store can be difficult. Additional insurance will be an online payment. Then at any time you can get information about this operation at the bank. The main thing is not to forget the date of purchase.
Returns within 7 days are an advantage for Internet consumers. Because you can refuse any good quality product. The only exception is the goods of proper quality, which have individually defined properties that can not be used by others. In one case, the Moscow City Court decided that this rule applies to a set that was made for a specific kitchen (case 3-25608/2020).
For offline purchases there is a list of goods of adequate quality, which can not be returned. This list includes medicines, cosmetics, jewelry, cars and many others. This list is mentioned in the Consumer Protection Law once in the article, which regulates the exchange of offline purchases. But sometimes courts for some reason refer to this list when considering cases on the return of Internet orders. At the end of 2020, the First Court of Cassation did not allow Pavel Dedkov to return the watch he bought remotely. And to justify this, it referred to the then current list of non-food items of appropriate quality that are not subject to return and exchange. Return of such purchases can not, even if it is an online order, the cassation decided (Case 8-24269/2020).
We sent an inquiry to Rospotrebnadzor to find out its position on this problem. The Ministry explained to us that the list of non-food products of adequate quality, which cannot be exchanged, applies only in the context of Art. 25 of the Consumer Protection Act. That is, only in the case of offline sales. In Art. 26.There is no any information about this act in the same law that regulates the distance selling. And it means that in such disputes it is impossible to refer to it, the Rospotrebnadzor is sure.
Grocery stores have a lot of promotional items. But at the checkout it often turns out that the action has already ended, and the store employees simply forgot to remove the yellow price tag. Well, it’s not your problem. According to the law, the seller should indicate the correct price so that the consumer can orientate himself when buying. The information on the price tag is a public offer. That means the store is willing to give you the product for that amount of money.
And if you noticed the overpriced item after payment, the seller must return you the difference between the receipt and the price tag, the Rospotrebnadzor says.
Lean consumers often buy shoes at the end of the season because that’s when the sale starts. Therefore, in March you can bargain to buy winter boots, and in September, beach sandals. Warm boots bought in the spring lie in the closet for three seasons. Finally, closer to December you put them on, and a couple of days later you find a crack across the sole and take them to the store.
The store will probably tell you that the warranty expired a long time ago. After all, it’s usually not very long, usually 30 days. Such rules apply, for example, at Thomas Münz and Rendez-Vous.
But for seasonal goods the warranty period is calculated from the beginning of the respective season. And not the calendar one, but the legal one. Every region determines the time of year for these issues, depending on its climate. For example, in Voronezh the legal winter lasts from mid-November to mid-March, and in Murmansk even longer from November 1 to April 1.
As a general rule, a consumer can get a refund for a substandard product if the defects are found during the warranty period or the shelf life of the product. But protecting your rights is real, even when the warranty is already over. How exactly depends on when the defect appeared: within two years after the purchase, or during the life of the goods.
If less than two years have passed, the consumer needs to prove that the defects of the product arose before its transfer to the consumer or for reasons that arose before that moment.
If more than two years have passed, the consumer can only demand the elimination of significant defects. It is necessary to prove the same: that they arose before the transfer of goods to the consumer or for reasons that arose before that moment. The right to such repair is preserved during the life of the goods. Usually such a period is indicated on the packaging of the goods or in the instructions. Sometimes information about this can be found on the manufacturer’s website. And if there is no such period within 10 years from the date of delivery of the goods to the consumer. But in two cases, the buyer has rights to be reimbursed for the cost of repairs elsewhere, to have the product replaced with one of the same quality, and to receive a refund:
Read more about how to get a refund in this case in our article Returning money for substandard goods: instructions.
Many years ago this reporter, then a 19-year-old college student, bought a facial cream in a store. The consultant was praising it so intensely that the reporter grabbed it without reading the package. Only at home I found out that the cream was labeled anti-age. We could have given it to her mother, but the reporter was very offended at the consultant, to whom she told her age several times.
According to the rules in force at that time, as well as under the current ones, if cosmetics are of good quality, they cannot be returned. But in 2012 the Plenum of the Supreme Court made it clear that if a consumer is not provided with information on the product in Russian, such a product can be returned within a reasonable period of time. In determining reasonableness, one must consider the product’s shelf life, seasonality of use and consumer properties, says the SC. This means that expired cream probably can’t be returned. The expiration date of our correspondent’s cream was fine, so she went back to the store. They accepted the claim, agreed that it needed to be translated into Russian and returned the money.
There is not much jurisprudence on this issue. But she confirms that it is possible to return in this way the goods of proper quality, which are not subject to exchange and return under the general rule. That’s how Anton Harin managed to return the generator, a technically complex device that had no manufacturing defect. The generator came with instructions in English. Kharin didn’t seem to know much about languages. Plugged the machine in as best she could, and the alternator broke down. All problems due to the fact that the seller did not give instructions in Russian, the courts decided and ordered the store to refund money for the generator (case 3-16730/2014).
Buyers don’t have to pay for items that are accidentally damaged. The risk of accidental loss or damage to goods passes to the buyer immediately after the seller has transferred the goods to him. Accidentally means for reasons for which neither the seller nor the buyer is responsible.
There is only one way to make you pay for the damage: the store has to prove in court that you caused the damage on purpose, explains the Department of the Kaluga region Rospotrebnadzor. Insist that the goods were awkward and you absolutely accidentally nicked it, the department advises. You can’t force a consumer to pay at the cash register even for a product he ruined through his fault. The store should go to court.
How To Return An iPhone To Apple
The article commentary to part two of the Civil Code, ed. П. В. Krasheninnikova. М.: Statute, 2011 ( par. 277 in the Consultant Plus).
The cashier of Krasnoe Belo store refused to sell draft beer to Dmitry Shukhov in a bottle which the man had brought with him. That one paid 6 for a local tare, then complained to Moscow’s Rospotrebnadzor. The state agency fined the store for 11,000 Because you can’t make the purchase of some goods contingent on the purchase of other. The owner of KrasnoeBeloe tried to challenge the fine in court, but failed. The 9th AAS noticed that p. The rules of sale of certain types of goods, 35 in force in 2018, obligated to give the buyer a weighted food product in the packaged form. It is not allowed to take money for the packaging. The same rule is in the current rules for the sale of certain types of goods.
And here is another situation. We buy clothes, we ask for a package. In one store they give it to you for free, in another they ask you to pay. Who is right?? The First Store. Fabrics, clothing, fur goods, and shoes are given to the consumer in a package if he or she asks for it.
While the goods are under warranty repair, the consumer can get a thing with the same basic consumer properties for free. Rosstat counts as durable goods those items that are used many times over a period of months or years.
The main question is what are the main consumer features? Cell phones are originally designed to make calls. But now they are used to access the Internet and pay for purchases via NFC. And different phones have different picture quality and processor speed. Will they give him the same iPhone instead of the latest model or limit him to a phone that only rings??
Consumer appeal is the totality of the technical, economic and aesthetic qualities of the goods that provide the buyer with the greatest satisfaction of needs, explained not so long ago the Third Court of Cassation in case 8-11910/2020. There Konstantin Bokov bought a powerful MSI gaming laptop from Citilink. They wanted to give Bokov a simple Asus for the time of his repair. But the performance, speed of information processing and image quality of such a laptop is much lower, and the screen is smaller. Bokov refused to take back the Asus, but later demanded liquidated damages from Citilink for delay in meeting his demand for a replacement notebook during repair.
Citilink tried to prove that the main consumer features of a laptop are mobility, image input and output, Internet browsing, information processing and storage. Bokov, on the other hand, asked for a completely similar product, and the seller has no such obligation, the company insisted. But the courts have ruled that the speed of the laptop is an important characteristic that Asus did not meet. So the consumer was able to get 100 000 fine, 10 000 compensation for moral damages and another 55 000 consumer fine. It turns out that instead of a new iPhone they should get a phone that has very similar (if not the same features) characteristics.
The replacement rule does not apply to all long-term purchases. The government has approved the list of durable goods, for the time of repair of which no replacement is provided. These are, for example, cars, jewelry, furniture and stoves.
You bought a washing machine, and it stopped working. The store doesn’t mind repairing, but asks for delivery. Don’t rush to order a truck. According to the law, the seller himself is responsible for delivery of oversized things and goods heavier than 5 kg for repair, markdown, replacement or refund. He not only pays, but also arranges transportation. Exceptions if the seller is not in your city or refuses to fulfill his obligation. Then you order delivery or bring the goods yourself, and then get reimbursed by the seller.
The law does not require a dissatisfied consumer to file a claim with the seller. You can go straight to court. But then there’s likely to be a problem with the consumer fine. It is imposed only on the consumer whose claims are not satisfied voluntarily. Which means that the seller has to find out about your dissatisfaction before you go to court.
Not so long ago the Supreme Court confirmed: the consumer may claim for a fine, even if he did not send a claim (case 6-KG21-7-K9). In this case, the court took into account that the offender was aware of his customers’ dissatisfaction, although they did not send official claims. To confirm their right to a consumer fine, in this dispute, the plaintiffs had to go through four instances and spend more than a year and a half.
Therefore, to simplify your life, it is better to send a pretrial claim to the seller. If he refuses to return the money, which the court will then charge, you can easily confirm your right to a consumer fine.
The claim to the seller can be drafted in a free form stating:
- The official name and legal address of the organization;
- personal, passport data of the buyer;
- contact number;
- date and time of purchase;
- the exact name of the model;
- The fault found;
- demand (exchange, warranty repair, refund);
- the list of attached documents.
At the end of the application, the date and signature of the buyer must be. The claim is made in duplicate.
Documents must be handed over together with the faulty smartphone, one copy remains with the store and the seller puts a mark of receipt, date, signature on the second copy and returns it to the buyer.
Whether it is possible to return a cell phone in a store?
Rules of exchange and return of goods are regulated by Chapter 2 of the Law 300-1. According to article 25, the buyer has the right to apply to the seller for an exchange or return of a quality item within 14 days.
In respect of a cellular phone the rule about the return without a reason does not work, because it refers to technically complex goods (the Government Decrees of 10.11.Year 2011 of 24 and from 31.12.2020 N 2463). If you don’t like the quality equipment, didn’t fit the color, size, model, it is not possible to change or return it.
Example from court practice 1. M. Vladimirova.А. I bought a smartphone at Evroset-Retail LLC. Initially the client has addressed to a store with the purpose to buy phone with concrete technical characteristics. The sales assistant advised her to buy a cellular phone, which was in the showcase and had everything the consumer needed. After the purchase of the goods Vladimirov M.А. has activated the smartphone and found that she has been misled about the technical specifications. She was not satisfied with such a device and on the same day the customer lodged an oral complaint with the seller, asking to change the phone to a similar model with all the necessary technical characteristics and if necessary for a surcharge, or to accept the goods back and refund its cost. Her claims were denied, therefore Vladimirova M.А. turned to court to protect her rights.
The court found that the goods were handed over to the plaintiff with complete equipment and accompanying documents. The customer was not deprived of the right to inspect the cell phone, to confirm its quality, completeness, performance and functionality. At the time of the claim to the seller did not have. In addition, the cellular phone is included in the list of technically complex goods, so the seller is justified not to accept the technique from the consumer. On the basis of these circumstances, the claims were denied (Appellate Determination of the Moscow City Court of 20.07.2018 on case 3-31786/18).
Only if the technical accessories are defective or faulty, the user can count on a refund or exchange within 14 days. The algorithm of actions in this case is as follows.
- Forming an oral appeal to the retailer with an appropriate claim. If it was not enough, you can write a complaint to the management.
- The store must issue a clear answer to your claim and provide it within no more than 10 days. During this time, the claim will either be satisfied, or will be followed by the appointment of an independent examination to determine the cause of defects in the phone.
- If it has been expertly proven that the defect was the fault of the buyer, the store will demand that it reimburse all the costs of the procedure. If there are any doubts this will require the additional expertise.
- If the parties never come to a mutual agreement, a lawsuit is filed in court with the transaction documents.
The court makes a decision afterwards. One cannot predict with certainty whose side the judge will be on.
Return of Goods Purchased on Credit
Almost all stores, selling more or less expensive goods, offer to execute a POS loan on the spot, otherwise it is also called a commodity loan. This service is even available in online stores, where both the purchase and the loan are done completely remotely. Such transactions are also subject to the Consumer Protection Act, and refunds for goods purchased on credit are not excluded.
Brobank.Ru will tell you how to return a product purchased on credit. Many borrowers-buyers don’t know that besides money for the purchase they can return the interest paid to the bank. Sellers, of course, do not talk about it, and only a few customers exercise such a right.
Is it possible to return the phone in a store
Yes, you can. The law on protection of consumer rights gives every citizen this opportunity. But whether the seller will accept your return depends entirely on the reason and term in which it is made.
- You were sold a defective or faulty device. it is not always possible to identify problems in the store or at the post office.
- The goods don’t correspond to the description. If the phone came different in features or functionality from the stated store.
- The smartphone is out of order. Everything is clear: the device works fine for a while after you bought it, and then it breaks down.
- The phone is just not the right one. And it happens. You bought a brand new cell phone and realized that it’s unpleasant to use: the color irritates, the size does not fit the reason can be any.
Let’s start with the first three cases. The law about protection of the rights of consumers says that to return the phone of improper quality it is possible within 14 days from the moment of its purchase. Problems with this, as a rule, do not arise.
Everything becomes a little more complicated when two weeks pass after the purchase. In this case, you will be offered a warranty repair, but you can also claim a refund if:
- There is a significant defect in the phone, which can’t be repaired under warranty, or the cost of this repair is equal to the cost of the entire gadget.
- Time limits for warranty repair are violated. According to the law, repairs under warranty should not last more than 45 days. It absolutely does not matter whether the repairmen are waiting for parts or just taking a long time, you should not care about the reasons.
By the way, if the phone was taken away for warranty repair, the seller is obliged within 3 days to provide you with a temporary replacement, that is, another phone with “the same basic features”. You can use it until you get your device back.
Now for the most controversial and most common. the fourth point, whether you can return the phone if you do not like it. According to the ZPP, only devices that are not considered technically complex can be returned. Literally, this means the following: you can return a simple push-button phone to the seller within 14 days, but smartphones with a touch screen already fall into the category of complex technical devices. And if the device is “proper quality”, that is, without flaws, most likely you will be refused, and will be in their right.
You can try to negotiate with the seller, to find defects in the smartphone, mismatch characteristics or refer to the incomplete instructions, but the success of each case will depend on the persistence of the buyer.
Important: the list of technically complex goods does not apply to online purchases. Therefore it is possible to return the phone to the online store without giving a reason, the law allows you to do it within 7 days from the date of receipt. The main thing is that the device has no traces of operation. The absence of films, stickers, accompanying items from the kit, instructions, receipt, as well as the presence of any traces of use will be a reason for refusal.
When returning a phone that was purchased on credit or by installments, you have exactly the same rights, the only difference being that the seller will only refund the money that was already paid to the store, minus the interest on the credit.
Return of a smartphone of proper quality
To exercise the right to a return or exchange of the device without a defect, you must meet a number of conditions:
The complaint must be filed within 14 days excluding the day of purchase.
At the same time, in the Consumer Protection Act, there is a reference to the list of goods established by the Government Decree of 19.01.98 for 5 that can’t be returned.
Does a smartphone qualify as a technically complex product
In the list containing codes of technically complex goods, there is 26.30.22 “Telephone sets for cellular networks or other wireless networks.
In this context, the smartphone refers to technically complex goods, and there is no point in referring to this list.
However, there are several options when the smartphone can be returned or replaced.
How to negotiate with the seller
Describe the situation to the employee of the store where you bought the device, ask to exchange it for another model.
Talk better to your higher-ups, who have more authority. In a large retail chain, you may be able to meet with.
How to file a claim
Try to prove that cell phones are not technically complex goods.
It does not include a category of product, such as a cell phone.
If the seller still does not agree and insists that the smartphone is not subject to return and exchange, write a claim to the head of the store.
Keep in mind that this option will only work if the device has not been used, as under the clause. 1 Art. 25 of Article 25 of the CPA, second-hand goods can not be exchanged or returned.
How to refer to unreliable or incomplete information about the product
- You have used the device for a while and found it to be inconsistent with the claimed features in the accompanying documentation. According to Art. 2 Art. The seller must give true information about the product, not violate Part 10 of the Federal Law ZPP. You can demand that the money you paid for such products be returned.
- The instruction sheet that came with the phone was in a foreign language (no translation) and had a brief, not detailed, description.
Prepare and file a claim to the manager of the store.
Credit. not bondage: how to return the phone on credit without breaking the law?
From the point of view of the law, a cell phone is considered a technically complex household product. This means that when trying to exchange the phone store can deny a citizen’s claim.
According to the article. 25 of the Law “On Protection of Consumer Rights”, the return of goods of proper quality is possible only within 14 days (or more as agreed with the seller, according to paragraph. 26 of the General Provisions of the Government Decree of 19.01.1998 5), and it must retain its commercial appearance. In the same article there is an approved list of goods that are not covered by the law. This list includes also cellular phones.
Thus, to return a cell phone of appropriate quality is quite difficult. You will need to explain why the phone was not satisfactory to the customer. In this case, defective phone to return to the store is much easier.
The presence of credit is a separate factor that does not affect the procedure of returning the goods. The loan agreement must spell out the terms of termination, such as: early repayment of debt, bankruptcy, and so on.
Thus, the credit agreement may or may not terminate after an exchange or return of the goods. It depends on the specific conditions spelled out in the agreement.
It is known that the products can be returned within 14 days following the day of purchase. Such goods include both quality products and products with defects. Defective items can be returned to almost everything, but the good ones only if they are not included in the list of non-returnable goods.
This list includes technically complex household goods. So phones are just in this category.
If there are any defects, then such goods can be returned, exchanged or repaired within 14 days and more, according to the established warranty.
It is better to have time to bring the phone in the first two weeks after purchase. Then it is much easier to return or exchange the goods. The buyer has the right to refuse repair or exchange.
Consumer Rights Protection Act
The Consumer Rights Protection Act sets out the rights and conditions, only in compliance with which the buyer is entitled to expect an exchange, return or repair.
Let’s turn to article 18, which specifies consumer rights in case of defects in the purchased product.
According to this article, the customer may, if within the first 15 days (including the day of purchase) he discovers faults in the product:
- Demand to exchange the device for the same one.
- Demand an exchange for a device of another model and brand (recalculation of the cost).
- Demand to decrease the price and return a part of amount paid for the purchase.
- Demand that the defects be corrected on the day of application.
- Revoke the purchase.
If the buyer appeals after 15 days, the above rights come into effect only in the following cases:
- The phone is found to have a significant defect.
- The terms of warranty repair in the service center are violated (more than 45 days).
- Device was on repair for more than 30 days during each year of the warranty period.
In all other cases, the product is accepted during the warranty period for examination (if necessary) and repair.
Order of actions
In order to exchange or return the device, the buyer needs:
- Arrive at the point of sale. With itself it is necessary to have phone, its accessories and documents.
- Together with the responsible employee of the store compose an application, which specifies in detail the reasons for treatment and requirements for the seller.
- The employee examines the goods and draws up an act in which he describes all the shortcomings detected. The parties agree on further actions: replacement, repair, return, expertise.
In order to perform the procedure, the applicant must present: