Application to the seller for the return of goods of good quality. Application for a refund for a product of inadequate quality

Last update: 01/30/2020

It often happens that the buyer, after purchasing the goods after a short period of time, is disappointed in the purchase. There is a desire to return it and get the price paid for it. If the product has flaws, then this is not difficult to do. What if the thing is okay? Do not despair, there are several rules on how to exchange goods or return money. To begin with, it should be said that not every product can be returned.

Non-refundable

• medical and medicinal preparations;
• individual hygiene products;
• cosmetics, perfumery, household chemicals;
• motor vehicles and trailers to them, motorcycles, scooters, bicycles, motor boats, boats, etc.;
• technically sophisticated household goods (TV sets, microwave ovens, vacuum cleaners, etc.);
• electrical cables, wires, etc.
• home furniture;
• jewelry;
• printed publications;
• weapons and ammunition for them;
• food and utensils made of polymeric materials;
• pets and plants;
• textiles, knitwear and other garments (this does not apply to leather and fur products);
• building and finishing materials

Yes, this list is large, so the list of items to be returned is not that big.

List of goods to be returned

• leather and fur products;
• shoes;
• simple household appliances (kettles, hair dryers, irons, etc.);
• stationery;
• goods for fishing, tourism, outdoor activities;
• gardening equipment;
• sport equipment;
• kitchen accessories (metal, glass, porcelain dishes, bread bins, cutting boards, bottle openers, etc.);
• other.

But you should know that these things must be serial, if any thing was made to order, according to specific measurements, etc., then a return is acceptable if the manufacturer / buyer deviated from the order parameters, that is, in fact, sold the wrong product (goods with inappropriate information about it).

Return conditions

So, if your product can be returned, then the conditions for returning the proper product should be as follows.

1. Documents

Documents on its purchase (sales receipt or cash receipt, contract, invoice, etc.) must be preserved for the goods, which are presented to the seller along with an application for the return of the proper goods. If there are no documents and the seller refuses your right, then you can attract a witness, however, already in the framework of the trial.

2. Item condition

The item purchased must not be used. All factory stickers, patches, packaging must be kept in their original form.

Advice for the future, if you bought a product, do not rush to tear off the factory labels and seals or open the packaging. Make sure that such a purchase suits you and meets your requirements. Only then can the product be fully exploited.

3. Deadline for returning goods

Items can be returned within two weeks of purchase. The time period starts from next day after the purchase.

If the last day falls on a non-working (weekend or holiday) day, the deadline is postponed to the first working day following the day off.

But if the temporary delay is caused by valid circumstances, for example, the buyer was in the hospital for 1 month, then the consumer retains the right to return the goods. True, the validity of the reason must be confirmed by documents, testimonies, etc., this may have to be done in court if the seller does not enter into a position and does not go to a meeting.

Additional term. Sometimes the seller, luring buyers, can establish more favorable conditions for the purchase, for example, by setting a longer return period for a quality product. If subsequently such a seller renounces his words, citing other rules in the legislation, then the seller's promises should be taken into account. The main thing is to have evidence of this.

4. Where to go

An exchange of goods or a refund can only be carried out by the seller from whom you purchased the goods. Manufacturer, importer, service centers, etc. they are not obliged to do this, but serious organizations allow the handling of serviceable goods to any of their branches, representative offices, regardless of the actual place of purchase.

5. Grounds for return

What grounds can the buyer have for returning the proper product. This is a discrepancy in terms of such indicators as:

• form, style of a thing;
• dimensions;
• color scheme in relation to other things and items that are in use by the consumer;
• equipment;
• other motives.

The buyer himself determines his reasons for returning the goods and notifies the seller about them. The consumer should not support these reasons with any evidence. Therefore, in fact, the reason that is reported to the seller is a mere formality, of course, the seller’s refusal based on dissatisfaction with the reason for the return will be illegal (that is, not in accordance with Article 25 of the Consumer Rights Protection Law, which regulates the procedure for returning non-food products of proper quality).

6. Buyer's rights when returning a purchase

Not everyone knows that immediately demanding money for the returned goods is not right action. The law does not give such direct authority to the buyer. Unless the seller himself shows a gesture of goodwill. Many traders do this, but for reasons of maintaining their high reputation, and not for fear of liability.

First of all, the consumer can exchange for a similar product.

We emphasize that it is exactly the same, only a different color, a different size, and so on. For example, you cannot demand to exchange an electric kettle with a spiral for a kettle of another brand, another manufacturer with a disc heating element. You can’t demand, but you can offer such an exchange, and then at the discretion of the seller (then the issues of additional payments, additional purchases, partial refunds, etc.) are discussed.

If the seller does not have a similar product for exchange, you can proceed as follows:

• agree with the seller on another date for the exchange of goods (such a date is agreed between the seller and the buyer, usually this is the day of delivery of a new batch of the goods of interest);
• demand a refund. The seller must return the money within three days.

The buyer does not have the right to demand a penalty for the days when the goods were with him after the purchase, compensation for the costs of its delivery, and also claim compensation for moral damage until his rights to return the proper goods are violated by the seller.

But, if the goods were purchased on credit and subsequently the money is returned for it, then the seller is obliged to compensate the interest paid by the consumer for the commodity credit.

Seller's responsibility

Unmotivated refusal to exchange goods / return money is a violation of consumer rights, which entails:

• forced exchange of goods or refund of the price paid;
• compensation for damages caused by the actions of the seller (for example, the buyer purchased a down jacket and intended to go on a business trip to the northern part of the country. The down jacket did not fit in size, and the seller refused to exchange. The buyer had no more money to buy another down jacket, and leaving without warm clothes was dangerous to health. As a result, the employer recovered damages from the buyer for the missing tickets and withdrew the bonus due to improper performance of labor functions. The buyer can recover the specified amount of losses from the seller, since there is a connection between the unlawful refusal and the consequences that have occurred);
• interest for the use of other people's money (if, by the nature of the relationship, the seller had to return the money, and not make an exchange). The amount of interest is determined by the amount of 1/300 of the refinancing rate (bank interest of the Central Bank of the Russian Federation) for each day;
• compensation for moral damage (the amount varies from 1,000 to 15,000 rubles, depending on the situation);
• other consequences are possible, which are provided for by sales agreements, shares held by the seller.

Liability can be brought to justice by filing a lawsuit in court (a magistrate, if the amount of claims is not more than 50,000 rubles, and in a district / city court - the cost of a claim is more than 50 thousand rubles).

If the lawsuit ends in favor of the consumer, the latter may still recover all legal costs from the seller.

Instructions for the buyer to return a non-defective product

Step 1. It is better to pay a visit to the seller in the company of a friend who can be a witness in the event of an unresolvable dispute. It is not superfluous to record the entire conversation on a voice recorder. The seller must be notified of this in advance. Say that you need a dictaphone recording in case of misunderstanding and, except as a litigation, you will not use it anywhere. Keep a friendly but formal tone while doing so.

Step 2. The conversation must begin with the presentation to the seller of an application for the return of goods. Such a statement is drawn up in advance () and a copy of the commodity document (receipt, check, contract, etc.) is attached to it. Calmly and amicably explain your situation, offer to step into your position, and politely request that the salesperson sign and date the second copy of the application you keep. From that moment on, you fixed the date of contacting the seller. He will not be able to refer in the future that you missed the deadline for applying.

Step 3. Show the returned goods to the seller to check for traces of use and safety of factory labels, seals and packaging. And if there are no complaints, then ask the seller to make a note about this in your copy of the application. In case of disputes, decisively prove your case. It is best to demand a detailed explanation of the reason for the non-conformity of the returned goods and other objections of the seller.

Step 4. Invite the seller to present to you for exchange the goods he has for sale. Choose the right purchase and offer to make an exchange. Upon the fact of the exchange, you require the preparation of a transfer document (act, invoice, etc.) with the date of the actual exchange. Thus, you will retain the right to a fourteen-day period to return the goods that you received in exchange. The number of subsequent exchanges of the relevant product is not limited. Do not forget to get a receipt from the seller that you returned the exchanged goods to him.

Step 5. If the goods offered to you are not suitable or they are not available, requires making a note about this in your copy of the return application. There you can also specify in writing the date of receipt of a new consignment of goods.

If you do not want to wait, you are entitled to receive the amount paid for the goods. In this case, present the seller with a pre-prepared application for a refund (). Such declaration must be signed and dated by the seller.

Step 6. Leave your contact number for the seller to notify you that you are ready to return the money, in case the money is not returned at the time of the initial request.

Step 7. After three days, come to the seller for money. If he refuses to return them, then such a dispute will need to be resolved in court. In this case, demand a written refusal from the seller and notify him of going to court (submit a written claim for failure to comply with the requirement to return the goods of good quality), threatening with reimbursement of court costs, forfeit and compensation for moral damage. Often, seeing the buyer's aspiration, the sellers step back and fulfill the legal requirements voluntarily.

Sample application for the return of goods

To whom ______________________________

where ______________________________

from ________________________________
(full name of the buyer)
________________________________

Statement
to return goods of good quality
in accordance with Art. 25 Federal Law "On consumer protection"

"____" __________ 2020 by me _________ (full name of the buyer) _______________ in the store
___________________________________________________________________________



The specified product cannot be used by me for the purposes of the purchase due to _________ ______________________________________________________________________________
(specify reason)
This product has not been used by me and is of good quality. Packaging and labels are kept in their original form.
In accordance with Article 25 of the Federal Law "On Protection of Consumer Rights",

ask:
1. accept the goods for return.
2. Submit similar items for exchange.

Appendix: ____________________________________________________
(document confirming the purchase of goods)

"________" ___________ 2020 ___________________ (____________________________)

Sample application for payment of money paid for goods

To whom __________________________________
(seller's details are indicated in accordance with the sign)
where __________________________________
(indicate the address of the seller)
from __________________________________
(full name of the buyer)
__________________________________
(correspondence address, telephone number)

Statement
about the payment of money paid for the goods

"____" ______________ 2020 by me _________ (full name of the buyer) _____________ in the store
__________________________________________________________________________________
(name, location address)
the goods were purchased: _______________________ worth ____________________________
(indicate the name of the product) (indicate its price)
"______" _____________ 20___ I contacted the store to return the goods and receive a similar one in exchange. However, the seller does not have a similar product for sale.
In view of what, on the basis of Art. 25 Federal Law "On consumer protection"
ask:
1. terminate the contract of sale ____________________________________
(the name of the product is indicated)
worth ________________________ rub.
2. return the money paid by me for the goods in the amount of _________________ rub.

"___________"________________ 2020

________________________ (___________________________________________)

If you have questions about the topic of the article, please feel free to ask them in the comments. We will definitely answer all your questions within a few days.

Every person at least once in his life faced with the fact that he was bought a product of inadequate quality. Some of them are returned to the seller, while exchanging for another, and some return their money paid.

What are the reasons for a refund of an item?

There can be many reasons for returning the goods back to the store and receiving previously paid funds. Let's consider some of them:

• inadequate quality;
• presence of marriage. In such a case, it is worth compiling - it is transferred to the supplier (a sample is available at the link);
• the absence of any parts in the kit;
• did not fit in size, colors, etc.

It does not matter for which of the above reasons the consumer decides to return the purchase, the return process must begin with a statement. Next, we will consider in more detail how an application for the return of goods of inadequate quality from the buyer is drawn up.

However, it should be taken into account that Not all items are returnable.

According to the legislation of our country, a certain list of products that can be returned back to the store is defined:

• fur things;
• shoes;
• small household appliances;
• office supplies;
• products for fishing, sports entertainment and tourism;
• gardening equipment;
• products for the kitchen.

The above items are an approximate list of purchases that you can return to the store and get your money back.

Process for goods under warranty

When you buy any product that comes with a warranty period, you don't have to worry about getting your money back, even if certain faults are found.

The process of returning the money paid should be started by writing a statement about the discovered defect to the store where the item was purchased.

At the same time, provide all available purchase documents:

• warranty card;
• purchase receipt.

It is desirable that the returned product be in the box or packaging, as it was at the time of purchase. If the buyer provides all the necessary papers, then the store administration must pay all the money due.

How to legally return a product

All lawful actions that a consumer can take in relation to any purchased items or when using third-party services are enshrined in the law “On the Protection of Consumer Rights”.

This legislative act states that any consumer has the right to issue a return of goods, but only if:

• the purchase has not been used, i.e. was not in use;
• appearance purchase looks like at the time of sale, i.e. preserved packaging and labels;
• there is a document that serves as proof of purchase - a receipt for payment.

However, this legislative regulation states that if the payment receipt was lost, then this consumer is not deprived of the right to return this or that product.

If the store receives a claim to return a previously purchased product to 14 days from date of purchase, then there should be no problem. The store management must either issue a replacement for the same product or pay the full purchase price.

When ordering products from remote stores, i.e. through online stores, the return period under the law is halved and is 7 days.

In the case when the seller refuses to pay money or does not accept the purchased item back, it is worth sending a claim to the appropriate authorities.

How to apply for the return of goods of good quality

When drawing up such a statement - a claim, it is necessary to indicate the reason why the buyer wants to return the purchased product. You also need to indicate the requirements set by the seller.

The requirements are usually:

• exchange of the purchased product for another, but containing the same characteristics;
• return of goods and receipt for it from the seller of money that was paid by the consumer at the time of the purchase.

There are no specific and specific requirements for the preparation and writing of such statements. All of them must be designed arbitrarily, but must have the following structure:

• The name of the store where the product of inadequate quality was purchased;
• Name of the manager of this store;
• Text of the statement. It must indicate the reason and requirements for the return of inadequate product quality. There must be a reference to legislative norms;
• Applicant's signature and full name;
• Date of writing and submission of the application.

Sample application for a refund of goods of inadequate quality

In the event that the buyer has no desire to purchase or exchange any other product from a certain seller, it is necessary to write a statement indicating the requirement for a refund. There are details on how to write a claim for a refund.

It is compiled in the same way as when returning and exchanging goods.

For an illustrative example, we provide a sample.

Statement of claim to the court for the return of goods of good quality - sample

It is necessary to file a claim with the court in the case when the seller did not respond in any way to the claim that the unsatisfied consumer.

In the event of any disputes when making purchases, the first thing to do is to contact the seller himself with claims for the inadequate quality of his goods.

And only in extreme cases it is worth resorting to litigation. Because such processes can take a long time. But it is possible to put forward claims to the seller, not only to return money for the cost of the product, but also to demand compensation for moral damage.

Judicial practice shows that in most cases, such cases end in favor of buyers.

The purchase of goods via the Internet, TV stores, advertising, from a warehouse, as well as in other non-stationary stores is defined as a remote method of selling goods.

Recently, online shopping has become more and more popular. And it's not in vain! You sit at home, choose a product, read customer reviews and, without leaving your home, you get the desired purchase.

On the one hand, this is a risky way to purchase goods, because we cannot touch it with our hands, or try it on (if we are talking about things). So, by ordering, for example, a book (you may not read the information about its size or not attach importance to it, if any) you will receive a tiny book that looks pretty solid in the photo (A4 size).

On the other hand, there are also positive aspects in ordering goods in online stores, as a rule, the price of goods in them is less. If you still saw the product you liked in ordinary stores, and often the prices in online stores are cheaper, then it is more profitable to buy it by remote way of selling goods.

Often situations arise when, for one reason or another, the purchased product does not suit the buyer and he comes to the conclusion that it is necessary to return it to the seller in the online store. In accordance with the law, not only low-quality goods can be returned to the online store, but also high-quality ones.

Legal basis for the sale of goods in an online store

Online trading is also regulated by the Law "On Protection of Consumer Rights", the Civil Code of the Russian Federation, as well as the "Rules for the sale of goods by remote means", approved by Decree of the Government of the Russian Federation of September 27, 2007 No. 612.

Only in 2004, Art. 26.1, and in 2007, by Decree of the Government of the Russian Federation of September 27, 2007 No. 612, the Rules were adopted establishing the procedure for selling goods remotely. These rules will apply in 2019-2020.

To begin with, let's figure out what methods of selling goods are remote?

The definition of what a “remote method of selling goods” is is given to us by the legislator in Article 26.1 of the Law “On Protection of Consumer Rights”. The sale of goods by remote means is the sale of goods under a retail sale and purchase agreement concluded on the basis of the buyer's acquaintance with the description of the goods through catalogs, brochures, booklets, photographs, means of communication (television, postal, radio communications and others) or other excluding the possibility of direct acquaintance of the consumer with goods or a sample of goods at the conclusion of such an agreement.

Features of returning goods to the online store, terms

The procedure for returning goods to an online store is generally similar in terms of returning and exchanging goods purchased in a regular store, however, there is a slight difference.

Differences, for example, in the period for the return of goods purchased remotely - 7 days. The seven-day period is established by paragraph 4 of article 26.1 of the Law "On Protection of Consumer Rights".

According to paragraph 4 of Article 26.1 of the above Law, the buyer may refuse the goods at any time before its transfer. The most interesting thing is that in the second case, no explanation is needed for the reason for the refusal of the goods. You are not required to give explanations about colors, styles, etc., as with a product from a regular store.

You can return the goods to the online store within three months from the date of transfer of the goods, but not always, but only if information on the procedure and terms for returning goods of good quality was not provided in writing at the time of delivery of the goods.

What can affect the period of increasing the return of goods from 7 days to 3 months?

For example, if the courier did not hand over the above documents to you along with the purchase.

A prerequisite is written information about the right to return the goods within 7 days. This information may be indicated on a receipt, waybill, acceptance certificate or other document and contain:

• seller's address
• its mode of operation
• maximum return period
• warning about the preservation of the appearance and properties of the goods,
• a document confirming the fact of the sale of the goods, indicating the amount of the purchase and the procedure for the return of money.

If at least one of these items is missing, then the period during which the buyer has the right to return the goods to the online store increases from 7 days to 3 months.

Return of quality goods to the online store

The buyer, in turn, has the opportunity to return a quality product only if its presentation, consumer properties, as well as a document confirming the fact and conditions of purchase of the specified product are preserved.

If you do not have a document confirming the fact of purchase, then this still does not deprive you of the opportunity to refer to other evidence of the purchase of goods from this seller.

Evidence may be such as:

• packaging stamps,
• email correspondence,
• other documents
• witnesses.

As practice shows, in order to avoid unnecessary disputes, it is better to keep receipts.

However, paragraph 4 of Art. 26.1 of the Law "On Protection of Consumer Rights" prohibits the buyer from refusing the goods if only the buyer can use them, that is, the goods have individually defined properties. For example, a product is made to order with a unique size or shape, with a gift inscription, etc. Naturally, no one needs this product except you.

It is possible to return such a product (with individually defined properties) only if it is of inadequate quality. In this case, you will be guided by the norms of articles 18-24, which refers to the rules for returning goods of inadequate quality.

It is important to know that online stores do not have a list of goods that cannot be exchanged. Therefore, the buyer can exchange or demand a refund for any product: for sewing knitwear, non-periodicals, cosmetics, perfumes, household chemicals, personal hygiene items, etc.

The seller is obliged to return the money for the returned goods within 10 days from the date of presentation of such requirements by the buyer. However, the buyer is entitled to receive the full cost of the goods only, the shipping costs are reimbursed to the seller.

In turn, the seller must place on the resource page the procedure for refusing the goods in the public offer or the rules for using the online store. If there are none, then you should think about purchasing goods in this particular store.

Returning an item purchased on sale

In addition to the above, it is necessary to clarify that general rules return and exchange of goods apply to goods sold on sale.

The difference between discounted goods and sales

But do not confuse markdown and sale. Not understanding the difference, an ordinary consumer without a legal education will gladly purchase a product at a reduced price, which is what an unscrupulous seller uses.

What is markdown?

A markdown is a decrease in the selling price of a product due to the presence of technical or other damage that does not affect the safety of consumer properties. Thus, the goods purchased at a discounted price to general rules goods cannot be returned.

How to write an application for the return of a quality product to an online store

There is no fixed form for the application. For you, we have developed an application writing plan that will help you, by answering questions, to write a return application with ease.

The name of the seller must be indicated in the upper right corner.

From whom the application is from (your full name, address of residence and telephone number, if desired).

In the middle of the sheet of paper, indicate the name of the document - "Application".

The heading is followed by a descriptive part of the application, in which you need to indicate the following:

When was the item purchased?

What product (characteristic data, individual characteristics)? That is, you need to describe the purchase.

Submit a request for a refund.

As you read earlier in the article, it is not necessary to motivate the reason for returning the goods.

At the end, put the date, signature and transcript of the signature (your full name).

SAMPLE application for the return of goods to the online store and a refund

IP Ivanov Ivan Ivanovich

Moscow, st. Lenina, house 16 sq. 34

Petrov Per Petrovich

Moscow st. Pushkin, 1 sq. 52

tel. 89………

Statement

On January 2, 2020, I purchased in your store "..." Learned Puppy, "Laugh and Learn" series from Fisher-Price (the name of the product is indicated).

Guided by Article 26.1 of the Law on the Protection of Consumer Rights, I ask you to return the money paid for the toy Scientist Puppy, series "Laugh and Learn" from Fisher-Price in the amount of 2500 rubles (as mentioned earlier in the article, it is not makes sense)

Prepared by "Personal rights.ru"

Probably, there is no person who would not encounter in life the purchase of products of inadequate quality. Some return the purchased items to the outlet, replacing it with others, while others require the return of funds.

Legislative norms of the Russian Federation provide Art. 25 of Law No. 2300-1 (as amended on 06/04/2018) dated 02/07/1992 "On the Protection of ..." (LoZPP), granting the right to return the purchased products to the Seller no later than 14 days. In this case, the Consumer does not need to explain the reason for such an action. To use this opportunity, you must meet certain conditions (keep the receipt, packaging, no damage, etc.), as well as submit an application to the Seller.

Conditions for returning goods in Russia in 2020

Any purchased item of dubious quality can be exchanged for a similar one. The exceptions include food, personal hygiene items, medicines, underwear, cosmetics, perfumes, household chemicals and other household goods for which a warranty agreement is established. The exception also includes items made to order.

To return the goods to the Seller, 2 conditions must be met:

• The purchased item must have serious shortcomings in use, expressed by the presence of marriage or serious defects.
• The fault must not be created by the Buyer as a result of his actions, and the product has flaws, as a result of which its operation is impossible.

If the item purchased has factory defects, the client has the right to write a petition to the Seller, referring to the Consumer Rights Protection Law, and demand either to replace the item or return the money.

The return of an item that, in terms of its quality parameters, does not correspond to the passport ones, as well as the return of financial resources paid for products of dubious quality, is only one of the possible claims of the consumer. The buyer has the right to demand compensation and other costs as a result of the purchase of an item of quality that does not correspond to passport indicators. Such costs shall be reimbursed only by the Seller.

The main condition for the return of products is that the return must be made before the end of the period established by law. The terms for returning goods, depending on the categories, are different. For the bulk of goods, such a period is 2 weeks. However, special periods have been established for a number of specific products. For example, some products may be returned during the warranty period, and some categories may be returned before the end of their useful life or usefulness. These rules are established by law.

Note. Article 18 of the POZPP states that if the Seller warned the Consumer about the presence of defects in the product before purchasing it, and this is confirmed by a note on the sales receipt or in the product passport, the Consumer is not entitled to make a claim related to such a defect.

(Video: “Consumer rights. Return or exchange of goods.”)

What items can be returned within 14 days

The legislation clearly shows the procedure for the exchange of purchased products or the return of money for defective goods. At the same time, you need to know that not every item is subject to return, but only that meets the following requirements:

1. The product is not included in the list of products that are included in the list of exceptions.
2. The appearance has been preserved, including product labels, tags, etc.
3. The complete set of the item, consisting of several elements, has been completely preserved.
4. If possible, provide a cash receipt confirming that the item was purchased at this outlet.

Note. If the check is lost, the legislation still provides the opportunity to return the item, however, in this case, the Consumer will have to prove the fact of acquisition by involving witnesses and other methods of evidence.

Which items are non-refundable

The legislation establishes a list of product categories that, after purchase, are not subject to return:

• Food products, including canned food.
• Technically complex things - household items (TVs, washing machines, vacuum cleaners, etc.), transport (bicycles, cars), as well as units for them.
• Jewelry made of ornamental stones, as well as precious items without stones (made of gold, silver).
• Chemical products (perfumes, pesticides, paints and varnishes, etc.).
• Medicines and other medicines (medicines, cotton wool, bandages, syringes, splints, etc.).
• Packaging for food products (paper, film, boxes, etc.).
• Kitchen items (dishes, forks, spoons, kitchen appliances).
• Textile goods (pillows, blankets, underwear and other fabrics).
• Personal hygiene items.
• Living plants, animals.
• Books.

Of course, sometimes the Seller can meet the Consumer halfway on his own initiative and exchange the listed goods, so you need to try to do this, however, with a categorical requirement for the exchange of a thing, you cannot count on a positive decision. Even if the sold goods are defective and the Consumer discovered this only after purchase, the legislation is on the side of the Seller.

When returning goods, after the client has made a return request, it is desirable to present a receipt, but this condition is not necessary. Of course, if you have a receipt, it is easier to prove that the purchase was made at this outlet. But in the absence of such, the Buyer will have to prove that the goods were purchased from him. And if the seller does not want to admit the fact of purchasing goods from him, the Consumer can use the following methods of evidence:

1. Testimony of witnesses, drawn up in writing (the form of writing is arbitrary). It is allowed to bring a witness with you. This option is more efficient.
2. The presentation of the warranty card with the mark of the store - this proof of the purchase of the goods, it is impossible to dispute.
3. Other materials related to the product (for example, operating documentation).

Thus, if a customer has lost a check and wants to return the goods, there is no need to despair. You must use the methods listed above to prove that the purchase was purchased at this outlet. If this is not possible, then the process of returning or exchanging products can become very complicated.

In cases concerning the exchange of a product or the return of financial resources, each consumer must have written evidence of his claims.

If defects are found in the purchased item, it is required to contact the Seller with a request to replace it or return the funds paid. To carry out such a procedure, a properly executed written request must be submitted, which the Seller is obliged to consider. There is no unified form for such a document, but it must be filled out in accordance with the rules for processing business official appeals used in office work.

Such a request can be written manually or typed on a PC, followed by printing on a printer on an A4 sheet. To fill it, you need to display the following:

1. At the top of the sheet, on the right, you need to fill in the details of the Seller (address of the outlet, full name of the manager).
2. Information about the Buyer is filled in below (full name, address and contact information).
3. After that, the name is written in the center of the line "Statement".
4. Next, in a free style, the situation is described, showing the purchase process of the purchase at this outlet, the discovery of defects and the request for a return with a note of the reason.
5. For greater effect and demonstration of legal savvy, it is advisable to refer to the legislative norms, indicating several articles of the RFP (Art. 18.1 and Art. 25.1), on the right to return the purchase. Also, it is not bad for the applicant to add in the document that he has the right, in case of refusal to return the goods, to appeal to the courts.
6. At the end, you need to put the date of submission of the request and the signature of the applicant.
7. A receipt for payment is attached to the form.

The completed request is submitted to the Seller together with a defective purchase. The application must be completed in 2 copies. One is presented to the Seller, the other - to the client, with a mark of acceptance of the request and goods, with the seal of the outlet (full name of the employee who accepted the purchase, showing the position and date of return).

Note. It is advisable to fill out such a petition at home, ahead of time, with the rationale for the arguments of your requirements. Also, when returning a purchase, it is necessary to draw up an act of acceptance of the goods with a display of the reasons for the return.

How to return money for goods of inadequate quality

In the case when the Consumer wants to return the money instead of the product (for example, there is no such thing), this must be written in the request for the return of the item.

When returning funds, the following nuances are possible, which may arise as a result of a change in the value of the thing at the time of its return, both up and down:

• For example, since the date of purchase, the price of the product at the time of the return of the money has decreased. In this option, the Seller is obliged to return the amount actually paid by the customer.
• If the cost of the product to be returned has increased, then the return of money is possible in a larger amount than was actually paid for the purchase.

If the Seller does not want to peacefully resolve the problem that has arisen, then the only way is to go to court. Under such circumstances, you can make a claim not only for the return of funds, but also for compensation for legal costs, as well as moral damage.

Sample Application

How to replace a defective product with a similar quality product

Regulations that ensure the protection of the rights of the client provide the opportunity to replace a defective item purchased at a point of sale with a similar one of the required quality. To carry out the procedure for replacing a purchase, it is required to submit an application indicating the reason for the replacement and a note on the desire to receive a similar product in return, but of proper quality. The documentation package that accompanies the return of products remains unchanged.

Note. If the Consumer expresses a desire to replace the defective product with the same item, the same make and model, then the application must be sent not only to the address of the Seller, but also to the address of the manufacturer. But in the option of replacing the product with a similar one, and not exactly the same, a request for a product replacement is sent only to the address of the Seller.