ווי אַזוי צו צוריקקומען אַ נומער צו אַ קראָם אין 2022
Do you want to return the goods to the store, but do not understand if you have the right to do so and how to do it without much effort? Deal with an experienced lawyer

Each of us at least once faced with the situation: in the store a T-shirt fits perfectly, but at home it becomes clear that it doesn’t fit. Or, having read laudatory reviews on the Internet, we buy expensive household appliances, and after a few days we understand: not a tricked-out vacuum cleaner, but zilch!

Often people put up with an unsuccessful purchase, they say, they don’t want to waste time and effort on disassembly. And, meanwhile, in most cases, the buyer has the right to return or exchange the goods without serious effort. Dealing with Andrey Katsailidi, practicing lawyer and managing partner of the Katsailidi & Partners Law Office.

Law governing the return of goods in Our Country

The main law that you need to rely on in any proceedings related to the return of goods is the Law of the Federation “On the Protection of Consumer Rights”. It is useful to read it in its entirety at least once in order to know your rights, but if you are interested in exactly how to return an item to a store, pay attention to chapter number 2.

It tells in detail what to do if the product is of poor quality, how to change it, when the return should take place, and much more.

If you are buying goods as a legal entity, then it is worth reading the Civil Code about the “Delivery Agreement” and about the “Purchase and Sale Agreement”.

Terms and conditions for the return of goods

A lot depends on what kind of product you want to return. By the way, do not forget that if the item is defective, you can not only give it to the seller and get the cost back, but also agree on other options. For example, get a discount on your purchase, exchange an item for another, but serviceable one, or simply demand to fix the marriage, if possible.

וואָס דאָקומענטן זענען דארף?

  1. Check. Ideally, you should have a sales or cashier’s receipt, but if you throw it away, don’t despair. There is such a loophole: you can bring a witness who will confirm that you bought the goods in this particular store. It can be a husband, a girlfriend, or any other person who was with you that day. You can also ask to see surveillance cameras or look into your personal account with bonuses for purchases – in a word, find any other evidence.
  2. Passport. Take the document so that the seller can safely issue a return if there is such a requirement in his store.
  3. Application for a refund of goods. It must be written in duplicate – both must be signed by both the buyer and the seller. This applies to a situation in which the seller refuses to return the money. Make a request in writing and record his refusal.

E-האַנדל

If you buy things online, then it will be useful for you to know how to return an item to an online store. This also applies to you if you order goods from catalogs or, for example, from a TV program. When selling remotely, all processes are regulated by a separate paragraph from the law “On the Protection of Consumer Rights” – the article “Remote method of selling goods.” It details how to return an item, how long it can be done, and what return information the seller must provide you with.

Remember that by law, you can cancel an order at any time before receiving it.

But it also happens that only at home it becomes clear: the product absolutely does not suit you. Please note that you can only return an item within 7 days. Just tell the seller about your decision – you can either bring the goods to the address specified in the contract for return, or send him an e-mail with a request to accept the goods and return the money. Then you can send him your purchase by mail or courier.

The seller must pay you the full amount – however, if the item is of good quality, then you still have to pay for the return shipping yourself.

If you find a factory defect, you can return the item under the warranty period. And the one who is to blame, namely the seller, will pay for everything.

The good news is that there is no separate list of non-returnable items in the distance selling section, so if you change your mind about buying household appliances, bed linen or any other item, you can refuse it and send it back.

שאַפּינג צענטער

“If you don’t like the item you bought in a store or mall, you can return it within 14 days,” says the lawyer. – And if there is a marriage, then feel free to return the goods within the warranty period. Say, on the 20th day after the purchase, you noticed that the dress is falling apart before your eyes. Naturally, this means that the item is defective. Do not listen to fairy tales about the possibility of a return within two weeks – fight for your rights!

The store can appoint an examination, which will decide whether the item is really defective. If so, then the seller will pay for everything. But if the buyer is to blame, then he will most likely have to pay all costs.

If you have not yet decided whether to keep a new purchase, take care of the packaging: do not crumple the bags, do not throw away the boxes, and do not cut off the labels. This will save you time and nerves when returning.

Which items are non-refundable

The list of goods that, alas, cannot be returned is quite decent, and sometimes very unusual things are found in it. For example, if it is clear that no store will accept underwear, then what is wrong with returning a book? However, printed materials are also in the “stop list” for returns. So, it’s better to immediately take a look at our infographic and remember which products you cannot return, and it will be completely legal.

Features of the return of goods

Bed linen and accessories

Often, sellers say that bed linen is not subject to exchange and return, but in fact they are cunning. Therefore, carefully read what is written in the law. The list of non-refundable items includes “textile items” – it is detailed in brackets what is meant by them. And here the subtleties begin – for example, sheets can be attributed to textile goods. But the pillow is no longer one of them, which means it must be returned! Therefore, carefully read what is written in brackets, and try on your situation.

טעכניק

According to the law, technically complex household goods are not subject to return, and, in fact, any equipment can be attributed to them, says Katsailidi. – A blender, a juicer, a washing machine … In a word, everything that works from an outlet is considered a complex technique, so if there is no marriage, and you just don’t like the thing, you won’t be able to return it. But, to hand over, for example, a manual juicer or a mechanical meat grinder, there are chances.

מעבל

The law states that furniture sets and sets are non-refundable. So, if you bought a one-piece headset, you cannot return it (if it is of good quality). But if, for example, the kitchen was assembled in parts, then it is possible to return a chair that did not fit into the interior, or a countertop that clearly does not fit in style.

קאָסמעטיקס

You can return cosmetics if in fact it turned out to be not the same as it should have been, says the lawyer. – For example, you bought your favorite perfume, and they smell strange. Or light hair dye, and it turned out to be dark. In a word, if you were not sold what you bought, go to the store and demand a refund. If the seller refuses to return the money, write a claim.

Where and when can they return the money for the goods

If you paid with cash, you will most likely get your cash back. If you paid with a card, then the money will be returned to it. Cash is returned immediately after the seller has agreed to the return and has issued the appropriate act, but “cashless transfer” may have to wait. Usually the money is returned within three days.

פאָלקס שאלות און ענטפֿערס

How to return the goods if there is no receipt?

The absence of a check is not a reason for refusing to return, Katsailidi notes. – You can ask someone who was with you at the time of the purchase to act as a witness, and if you were alone, demand to see video cameras or check the goods by article.

Can I return a product without a defect?

Yes, if you don’t like the item or just don’t like it, you have the right to return it within 14 days. But remember that there is a list of things that can only be returned for defects.

Can I return if the packaging of the product is broken?

If the packaging of the goods is broken, the seller still cannot refuse to return you, says the lawyer. – He must accept the goods, even if there is no box at all.

Can I return if the product was purchased on sale?

If the product was purchased on a promotion, you can return it, but keep in mind that you will receive back exactly the amount that you gave when buying. If the seller tells you that the product was discounted, which means that you cannot return it, do not believe it – a link to a promotion is not an obstacle to a return. But if you knew that the thing was defective, and you were given a discount for it, then you won’t be able to return the goods – you were aware that it was of inadequate quality.

What to do if they do not answer the phone and emails?

If you received a product that does not suit you, and the seller has stopped communicating, you can try to find the seller through the receipt

Your receipt should indicate the LLC and TIN of the seller, you can check them on the tax.ru website and see the name of the director, the lawyer advises. – Then you can go to the police with this, but usually they do this when the goods did not arrive at all, and the money for it was transferred. If a person ordered a high-quality leather bag, and he received a terrible little thing, the police will not initiate a criminal case, because in fact the goods arrived! And what quality it is is another question. So you will need to go to court and prove that the product is bad. After the examinations, they may admit that the money needs to be returned, but where to look for the seller? Fraudsters are not stupid – they open an LLC for a short while and then just close it and repeat the scheme. So in practice, victims often take this as a lesson and close their eyes to an unpleasant story.

What to do if the seller company is closed?

If the company is closed, then, alas, you will not be able to present a claim to the legal entity, because, in fact, it no longer exists. But you can apply to successors, for example, if a company has merged with another.

What if the price of an item has changed?

The law is on the side of the buyer: if the price of the goods has increased, then he can receive a new amount, but if the cost, on the contrary, has decreased, he will simply receive the amount he paid.

What if the item was purchased on credit?

Bought an expensive coat on credit, but it turned out to be defective? Feel free to go to the store and demand a refund: the store must return you not only the cost of the item itself, but also other expenses (in particular, interest). If a bank was involved in the transaction, then you need to go to the branch and write a written statement demanding to terminate the contract. Do not forget to take a document stating that the obligations have been terminated, and before that, in no case stop payments, otherwise you may be charged penalties or a fine.

What if they don’t want to return the money?

First of all, send the seller a claim in two copies. It must be written in it:

1. Name of the store

2. Data of the person who made the purchase

3. Date, time and place of purchase

4. Describe the product in detail and explain what exactly you do not like about it

Explain everything as clearly and clearly as possible, and then hand one of the copies to the seller, after asking him to sign both.

If the seller refuses, send a claim by mail – with notification.

Within 10 days after receipt, the seller must either grant your request or issue a refusal.

If you do not agree with the refusal, contact the court.

– You have the right to choose – you can apply to your district court or to the court at the address of the defendant, – explains Katsailidi. – You can see how to file an application under Articles 131 and 132 of the Code of Civil Procedure. Do not be afraid to fight for your rights, especially since if the court takes your side, you can get the entire cost of the goods, 50% of it in the form of a fine that the violator will pay, as well as a penalty for an unsatisfied claim. So stay positive!

לאָזן אַ ענטפֿערן