How to return a purchased item in a second hand. Return of second hand clothing. How to file a claim

Can I return clothes bought second hand?

Operate general rules consumer protection. Return within 14 days. With the exception of certain categories of things. The exception is the purchase of clothing in the market - these rules do not apply.

ABOUT CONSUMER PROTECTION
Article 28. Consumer's right to exchange and return goods of good quality

1. The consumer has the right, within fourteen days from the date of transfer of the non-food product to him, unless a longer period is declared by the seller, at the place of purchase or other places declared by the seller, to return the product of proper quality or exchange it for a similar product of a different size, shape, dimensions, style, color or configuration, making the necessary recalculation with the seller in the event of a difference in price.
2. The consumer's demand for the exchange or return of goods is subject to satisfaction if the goods were not in use, their consumer properties are preserved and there is evidence of its purchase from this seller.
3. List non-food items of proper quality, not subject to exchange and return, is approved by the Government of the Republic of Belarus.
4. When the consumer returns goods of proper quality, his demand for the return of the amount of money paid for the goods shall be subject to immediate satisfaction by the seller. If it is not possible to satisfy the consumer's claim immediately, the maximum period for satisfying the claim may not exceed seven days. For violation of the specified terms, the seller pays the consumer for each day of delay a penalty in the amount of one percent of the price of the goods on the day of its sale to the consumer.
5. food products Good quality items cannot be exchanged or returned.
6. The requirements of this article do not apply to cases where the seller is an individual selling goods within the handicraft activities or sale of goods on the market.

APPROVED
Decree
Council of Ministers
The Republic of Belarus
06/14/2002 N 778
(as amended
decrees
Council of Ministers
The Republic of Belarus
14.01.2009 N 26)

SCROLL
NON-FOOD PRODUCTS OF GOOD QUALITY,
NON-EXCHANGEABLE AND REFUNDABLE

Underwear, underwear for newborns and toddlers from all types of fabrics, underwear knitwear, except for sports, items of women's toilet
Hosiery

Sincerely, lawyer Filanovich Irina Nikolaevna (80291454519)

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Filanovich Irina Nikolaevna.

Special permit (license) for the right to practice law, issued by the Ministry of Justice of the Republic of Belarus No. 02240/2210.

A high-quality item can be exchanged or returned within 14 days, and a poor-quality item within the warranty period or up to 2 years, if the defect was not specified at the time of purchase. And the fact that they did not break through the check is a violation of the seller.

If there is a defect. When selling goods that were in use, the seller is obliged to specify its shortcomings on the label, sales receipt or in another way (clauses 11, 134 of the Rules of Sale certain types goods). For everything that remains "in the shadows", the seller is fully responsible. Conclusion - find the defect and return it as a defective product. You can return the goods of good quality if it was not in use (it also happens in second-hand stores new product with labels and tags).

and if this product (clothes) by weight. how to be then?

it’s very disappointing when they return things; they sold it themselves, it’s better to look carefully and decide for yourself whether you need this thing, but there are still such buyers who slander and give the thing back in a day

Can. The norms of the OZPP law also apply to second-hand. There are no restrictions.

You know, one branch of the service says one thing, and another says another. For yourself - ask this "service" regulatory framework, on the basis of which you are not obliged to return. Ask the seller the same question. to his silence - show Zozpp. Well, if both the seller and the service stand their ground - only the court.

Forum “Kutochok spozhivacha. The food is good. Advice of caregivers»

A little bit of peace. The food is good. Consultations

Spillota spozhivachіv and hromadaskie o'dnannya The joint project of the European Union and the Program for the Development of the Organization of the United Nations

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This website was created as part of a joint project of the European Union and the United Nations Development Program "Community of people and communities". Pili Zakinchennya Termin DIA SPILLE PROPECTION єS-Pron "Spylota Svylota that Gromadzki Obdannnya" Website PIDTRIMENASH "The Center of Spirituals INITITIT KOMA, Yak Bulo, TAY OPILISHYSHICH" All-Academic which in the period of the rokіv united in the project “Spilnota spozhivachіv i hromadskі ob'ednannya”.

Can I return an item bought in second hand?

If there is a defect. When selling a used product, the seller is obliged to indicate its shortcomings on the label, sales receipt or in another way (clauses 11, 134 of the Rules for the Sale of Certain Types of Goods). For everything that remains "in the shadows", the seller is fully responsible. Conclusion - find the defect and return it as a defective product. It is possible to return a product of good quality if it has not been in use (there is also a new product with labels and tags in second-hand stores).

And it’s best to agree that you will measure at home and return the next day if it doesn’t fit.

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Business Forum

Returns of second hand goods.

16 Aug 2011

sipmarket 19 Aug 2011

They look at the state of the goods according to the person.

Well 2 months. this is too much.

23 Aug 2011

15 Dec 2011

Irida Dec 29, 2011

Officially, there is no such article on the exchange of second-hand goods.

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levanta Dec 29, 2011

A tell me the number of the article, so that if you show something to someone who wants to make a return. They are also trying to return it to me, and they vilified it and tied the label (it’s ridiculous, on a knot) and tried to return it with a scandal. Although it is written in capital letters that there is no return and exchange

levanta Dec 29, 2011

A tell me the number of the article, so that if you show something to someone who wants to make a return. They are also trying to return it to me, and they vilified it and tied the label (it’s ridiculous, on a knot) and tried to return it with a scandal. Although it is written in capital letters that there is no return and exchange

Here, I remembered, refreshed my memory. The sale of second-hand goods is regulated by the "Rules for the sale of certain types of goods"

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Clause 11 The seller is obliged to promptly bring to the attention of the buyer the necessary and reliable information about the goods and their manufacturers, in a clear and accessible form, providing the opportunity right choice goods. If the goods purchased by the buyer were in use or a defect (shortcomings) was eliminated in it, the buyer must be provided with information about this.

26. The buyer has the right, within 14 days from the date of transfer of a non-food product of good quality to him, if a longer period is not declared by the seller, to exchange at the place of purchase and other places declared by the seller, the purchased product for a similar product of a different size, shape, dimension, style, colors or configurations, making the necessary recalculation with the seller in case of a difference in price.

If the seller does not have the goods necessary for the exchange, the buyer has the right to return the purchased goods to the seller and receive the amount of money paid for it or exchange it for a similar product at the first receipt of the corresponding goods for sale. The seller is obliged to inform the buyer, who requested the exchange of non-food goods, of its receipt on sale.

The buyer's demand for the exchange or return of the goods is subject to satisfaction if the goods were not in use, they were stored marketable condition, consumer properties, seals, labels, as well as evidence of the purchase of goods from this seller, with the exception of goods that are not subject to exchange or return on the grounds specified in this paragraph in accordance with the list approved by the Government of the Russian Federation.

27. The buyer, to whom goods of inadequate quality were sold, if its defects were not specified by the seller, has the right, at his choice, to demand from the seller:

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replacement for a product of a similar brand (model, article);

replacement for the same product of another brand (model, article) with a corresponding recalculation of the purchase price;

proportional reduction of the purchase price;

immediate gratuitous elimination of defects in the goods;

reimbursement of expenses incurred by the buyer or a third party to eliminate defects in the goods.

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30 Dec 2011

Premiere 02 Jan 2012

Guest_Nosarova_* 02 Jan 2012

02 Jan 2012

And I change, without problems for myself and the buyer, but in the event that the tag is not cut off. And therefore we do not have "arrogant" buyers. We offer to pick up something in return, and if they don’t find what they want, we simply return the money. Although in the corner of the consumer we have a link to the fact that second-hand goods are not subject to exchange and return. Why "poke the nose" of the breadwinners?

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Premiere 04 Jan 2012

This system is good for small shops when you know almost all the buyers by sight. In large stores with good traffic, the exchange and return of goods is not relevant, because. at home, when trying on, they can accidentally break or break the zipper, for example, they will bring it back and demand a return, while they say that it was like that, like when I didn’t notice when I bought it.

05 Jan 2012

When selling goods, the seller in the presence of the buyer must carefully examine the zippers and fasteners. If the thing is defective, we write the flaws on the back of the price tag. The buyer knows what he takes. and purchasing the goods must receive full information about the product.

It’s all clear that we write shortcomings, but buyers are so cunning that they will prove with foam at the mouth that they simply didn’t notice when viewing, therefore they didn’t write (if they bought the thing in good condition, but return it with a hole), and they say the buyer himself so inattentive that I didn’t notice it in the store either, I only saw it at home when I measured it, and even then you will have to prove to the buyer that he acquired the thing without defects, that this cannot be, that he was sold with a hole without warning about it, but the buyer will insist on his own. Here, in order to avoid such hassle, it is better to immediately warn that it is not subject to return and exchange, but this is in stores with high traffic, in small shops such cases are unlikely

05 Jan 2012

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06 Feb 2012

I wrote - especially arrogant. Of course, by prior arrangement, I change and give the money. But I had such a case that I was shocked by the behavior of one lady. It turned out that my mother worked that day and she comes and says, today there was some strange woman who looked like a homeless woman, but she would participate in the elections, took 3 things (with tags) measured for a very long time and said that one of them would bring tomorrow. Well, of course, I don’t mind, here a few days pass, she comes and brings trousers and says, in a few days I’ll bring you a skirt, I say: sorry, we don’t have a return at all, we made concessions to you and agreed to accept and in general if you you plan to return it, so why didn’t they bring it right away, she started like: that I take as much as I want and change it, at least I’ll wear it here and there. A few more days pass (the elections were just over) she comes and brings another skirt, I say I won’t accept it, she began to swear, well, I decided to make a concession, went to hang up the skirt, looking, and her belt was tucked (as if she was sitting in it for a long time and he folded) and the tag is tied with a plastic rope into a knot. I got angry and gave it to her. She stood for a long time swearing at me, but I am amazed at the impudence of such people. I then very much regretted that I had nothing to present to her (I mean the law). This is how it happens. And our city is small and the traffic is not very good, so we also fight for each client, but there are those who would not sell the most expensive thing to them.

I had a similar situation. On March 6, one customer took new shoes from a Belgian bag, on leather. sole light smooth and brought the 10th! They say they didn’t fit and didn’t wear! And all shuffled - as they are))) probably danced at the corporate party and decided to bring it back. And with a blue eye, she claimed that she didn’t even wear them! I didn’t take it back, it’s better not to make returns at all, then they will wear it all the time.

Guest_yfnfif_* 19 May 2012

Zebra36 May 24, 2012

28 May 2012

Thank you very much for the answer!!! Of course, it’s a pity that there is no direct article to poke the especially arrogant with your nose

you asked, you got the answer. but don't read carefully. Levant wrote everything in more detail =

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26. The buyer has the right, within 14 days from the date of transfer of a non-food product of good quality to him, if a longer period is not declared by the seller, to exchange at the place of purchase and other places declared by the seller, the purchased product for a similar product of a different size, shape, dimension, style, colors or configurations, making the necessary recalculation with the seller in case of a difference in price

01 Jun 2012

Energy77 02 Jun 2012

Zebra36 04 Jun 2012

08 Jun 2012

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Can I return items to Second Hand?

Suddenly I asked this question. What does the law say about returning goods to second-hand stores? If you didn’t like it and didn’t fit, for example? Is it possible to return? If not possible - why?

As far as I know, no, I myself did not buy anything in second-hand, but my friend tried to return it. It turns out that things that were already in use are not subject to return, since the acceptance certificate was not signed. It is a pity that people are not immediately warned about this, everyone thinks that you can return any item within 14 days. My friend made a scandal in this regard in the store, but she was pointed to some stand, where the rules were hung in small letters that these things could not be returned to the store.

In general, second-hand stores are exactly the same stores as any other stores selling clothes and shoes, and there is no separate legislation for them. Therefore, according to the law, defective items of inadequate quality, with visible defects, can be returned within two weeks after purchase, subject to the preservation of the presentation, as well as presenting a receipt.

Theoretically, you can return a second-hand item back to the store if you do it within 14 days, if you have a receipt. In fact, it is impossible to return a thing to a store, and sellers usually warn about this in advance. They refer to some special category of product that is not subject to the return and exchange law.

You can try to get the item returned if you have the strength and nerves of steel to do so. After all, you will have to write a claim to the store, and your claim must be signed by the person who received the letter, and the date of acceptance. Within 10 days, your application must be considered, and if the "verdict" of the store is not in your favor, you will have to move on. And then you will need to go to court or send a complaint to Rospotrebnadzor.

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Given the low cost of the goods and the red tape, many buyers prefer not to return, as this will also require time.

As a rule, no, since there is a particularly large turnover of goods and they even sometimes drop prices every day in order to sell quickly, since what is not for sale, in general, is discounted to the limit.

If you take it, then you need to immediately agree that you don’t feel sorry for the money itself and the thing is good, you just aren’t sure at all that it will suit the person you are taking it for. Then, due to objective circumstances that are insurmountable, since you simply cannot understand whether this thing is suitable or not for the person to whom you take it, of course, in order to most likely sell it, you can be allowed to buy it on such conditions.

The main thing is to say that if not, bring it on the same day, then the chances of such conditions are even higher.

Guided by the general rule and the law on the protection of consumer rights, it can be understood that items purchased in second-hand can be returned within 14 days if the item is of high quality, and if the product has flaws, then it can be returned as scarce if this flaw is not was specified at the time of purchase.

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Second-hand goods, also on a general basis, are subject to the law, which states that the goods can be returned to the point of sale within two weeks (fourteen days) if their promised qualities do not correspond to the actual ones.

I have never returned things to second-hand stores. The latter usually write on their information stands that the goods purchased from them cannot be returned or exchanged. When I go to such a store, I always clearly keep in mind that it’s unlikely that I will be able to return a worn item or prove that I haven’t worn it since the purchase and didn’t spoil the presentation, this is only my responsibility and a headache, so everything is carefully before buying I examine and weigh several times all the pros and cons of the purchase.

Although I know cases that the store accepted things back. If at the time of sale they were with an uncut label of the previous store, proving that the item was not worn, although it was sold in a second-hand store. The stores were outraged, but the things were accepted and the money was returned.

According to the rules of sale in second-hand stores, used goods cannot be exchanged or returned. In the case of second-hand clothes, it is impossible to specify all the flaws (you buy two jeans, you won’t draw up acts with every hole and speck). Yes, and in all stores it is indicated that the return is not possible.

Many second hand stores advertise that their goods are non-refundable. In fact, according to the law, you can return the thing within two weeks, but in the second hand you will have to defend your right. Or you can decide everything peacefully and ask to exchange a thing for a similar price.

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It's still a store (sales outlet), of course, you can return it within a couple of weeks.

No separate legislation has been developed specifically for Second Hands, and this is not necessary.

In many similar stores there is an announcement that is non-refundable, but these are not legal actions, if something is called "rest" then you can return it.

Many of us often buy clothes in Second Hand stores. And there are cases when the buyer has a need to return the purchased item. In this regard, the questions arise: is it possible to do this and how? To answer these questions, you need to understand that Second Hand stores (second hand) are a type of thrift store designed on individual entrepreneur or the seller's organization. This means that, like any other store, the regulation of its activities and contractual relations between the seller and the buyer is fixed general rules Law of the Russian Federation of 07.02.1992 N 2300-1 "On Protection of Consumer Rights" and the Rules for the sale of certain types of goods.

With this in mind, let's answer the question is it possible to exchange or return clothes in such a store?

1. Clothes of GOOD quality, and the desire of the client to return this or that thing is based on the style, color or size of the clothes that they did not like. In such cases, the item purchased in the store cannot be exchanged for a similar product or returned, even if 14 days have not passed since the date of purchase and the consumer has a receipt. Clothing belongs to the list of goods of good quality, not subject to exchange or return. The government has approved such a list, namely: textile goods(cotton, linen, silk, woolen and synthetic fabrics), as well as sewing and knitwear (sewing and knitted underwear, hosiery). In such cases, the court is NOT on the side of the buyer. Fortunately, the seller himself often meets halfway and can, at his discretion, exchange the goods within 14 days or even return the money, but this is the right of the seller. We recommend that you negotiate with the seller when buying, to try on clothes, and if they don’t fit, return them.

2. The clothes are of IMPROPER quality, and the buyer found flaws in them. In this case, it is important whether the seller specified these shortcomings during the sale. As a rule, the seller indicates this in writing and can make an appropriate markdown. If so, then alas, it will not work to exchange clothes. But if the defect was not specified, then according to the law, during the warranty period (or up to two years from the date of purchase), the consumer has the right to ask the seller of his choice:

Request a replacement for a product of the same brand (the same model and (or) article);

Request a replacement for the same product of a different brand (model, article) with a corresponding recalculation of the purchase price;

Request a commensurate reduction in the purchase price;

Demand immediate gratuitous elimination of product defects or reimbursement of expenses for their correction by the consumer or a third party;

Refuse to fulfill the contract of sale and demand a refund of the amount paid for the goods. At the same time, the consumer has the right to demand also full compensation for losses caused to him as a result of the sale of goods of inadequate quality (Article 18 of the Law).

If the seller refuses to meet you, then you need to apply with a written claim to him, and in case of refusal, go to court. But the buyer should be prepared for the fact that it will be necessary to prove the occurrence of a defect not during its use of clothing, but its presence during the sale. The consumer can also apply to the department of Rospotrebnadzor with a request to check the seller for low-quality products.

If you do not know what to do, you need help in preparing a claim, a lawsuit or representing interests in court, our company will always have experienced professionals who will help you.

Surely the consumer made a rash purchase, and later regretted the purchase. You should be prepared that employees with great dissatisfaction will perceive the decision to return the products, but this is possible. You should know that cash returned in most cases.

Can I return a purchased item to the store if I don't like it?

Going to talk with the seller, the consumer should study the document POZPP, which spelled out the rights of buyers.

The document contains provisions that protect the consumer in the event of an attempt to return a product that they did not like. What actions need to be taken in this case, how to do it right, in what time it can be done.

to the store without a receipt - step by step instructions

Federal law takes care of the rights of buyers, so if you lose a receipt, it is possible to return the purchased purchase. You need to do the following:

• check the integrity of the purchase and its appearance. The appearance of the thing must be preserved, all labels must be present, and the product purchased must be new;
• go to the place of purchase with a passport and inform about the intention to return, report the loss of the check;
• since the main proof is lost, provide other proof of purchase in a specific place: a guarantee with seals and signatures, a barcode or witness statements;
• write, which indicates all the information about the client and the seller.

Can I return an item to the store if it doesn't fit?

If, when purchasing a product, the consumer understands that he has made a mistake, he should contact the seller. The claim may not be to quality, but to one of the parameters. The return can be made, and one of these reasons must be indicated in the application.

For products from some categories, cash cannot be received under any circumstances. A list of them can be found in the document "On the Protection of Consumer Rights", below are some of them:

• medical preparations;
• household appliances and electronics;
• weapon;
• animals;
• decorations.

Can I return a discounted product?

Many stores, arranging a sale, go to the marketing deception. Often in front of the counter you can see the inscription: "Products purchased at a sale cannot be exchanged or returned."

The seller may reduce the price of the product if it has any defect. In this case, they are obliged to report the defect on site. After reviewing this information, and then making a purchase, it is impossible to make a return due to the presence of these shortcomings.

When a sale is in effect and products at a reduced price are of high quality, then all actions are carried out in accordance with the normative act.

Is it possible to return a consignment item to the store - return procedure

Thrift stores offer used products. Therefore, people believe that it is no longer possible to get money back. In fact, you can return them if the product is of poor quality or does not meet the specified data.

When buying, you need to familiarize yourself with the information about wear and possible product defects, and then confirm your knowledge with a signature. If within fourteen days the customer decides to return the defective product, the seller can only exchange it for an item from the same category.

Commission products, if they are of high quality, are returned in accordance with the general rules.

Can I return a product purchased on the market?

When buying products on the market, the buyer does not require a receipt and believes that it will be impossible to make a return. If no more than 14 days have passed since the purchase, you must follow the instructions:

• The first step is to contact the seller. In most cases, sellers know the rules and will return the money;
• if the seller does not remember the buyer, witnesses should be brought;
• check out the packaging. Tags, a price tag may remain on it - they will serve as proof of purchase;
• if this did not work, you should go to the market administration and describe the problem;
• write a complaint in 2 samples, which indicates that in case of violation of rights, an appeal to the court will follow.

Can I return an item bought from second hand?

The rules of second hand trading are similar to those of a thrift store. All defects of things must be indicated on the receipt and label. When buying a specific thing, you should familiarize yourself with the defects and in the future you cannot receive money for it.

The situation is different if the seller forgot to provide information about the defect. In this case, you can hand over the products to second-hand general rules within a two-week period from the date of purchase.

Is it possible to return goods taken on credit?

The procedure for returning a product purchased on credit is more complicated, but possible.
It is carried out if the product is defective, or one of the parameters does not suit the buyer. You should read the contract of consumer employment, which indicates all the information.

The state guarantees that the entire amount will be returned, except for insurance and interest to the bank. If the purchase is returned due to a defect, the seller is obliged to pay the buyer the full amount with interest and insurance costs.

It is not enough to resolve the issue with the seller - the agreement will need to be canceled with both the seller and the bank.

First you need to solve the problem with the store by writing a statement, and if the products are of poor quality, attach a claim to it. In return, the seller issues an act on the return of products and returns the money that was paid in the store.

How do I return an item purchased from an online store?

When making purchases via the Internet, the rights will be protected by the section "On Distance Selling" of the RFP.

Each person can refuse purchased products via the Internet within seven days, and you can receive money for products of any category. It must keep its appearance. Disputes between a trader and a client can be resolved by independent expertise.

The first step should be to write a claim in 2 copies. The document is sent to the seller by registered mail, and if there is no answer, an appeal to the court follows. The complaint should be accompanied by a duplicate of the receipt and all available documents for the products.

If you decide to return a product, you should behave calmly and confidently. remember, that normative act protects your rights and you are obliged to reimburse the amount of money in full.

This law was approved by the government of the Russian Federation in 1998 (the last edition was adopted in 2012). In accordance with this legislative act, the buyer has the right to return the used goods if, after some time after the purchase, he discovers a defect that the store did not inform him about.

According to the "Rules for the sale of certain types of goods", the store must report all the shortcomings of a used item at the time of sale. If the buyer expresses a desire to return the goods back due to a defect that was mentioned before the purchase, the store has every right to refuse him. But if a defect is found, it appeared before the purchase, and it was not mentioned, it is possible to return the goods.

The return policy applies to both consignment stores and second-hand stores, since their activities are registered, they also pay taxes and are subject to all laws.

Is it possible to return products purchased from a private individual?

Purchasing second hand items is very popular these days. The Internet is full of ads on this topic. But it is much easier to purchase low-quality goods using Internet sites and forums. Moreover, unlike the store, there is no guarantee that you will be able to return the goods purchased via the Internet, or your money if necessary. The fact is that relations between individuals that are not related to entrepreneurial activity, do not fall under the Law of the Russian Federation "On Protection of Consumer Rights".

Despite this, it cannot be said that the buyer is completely deprived of protection in such transactions. Such relations between individuals fall under the provisions of the Civil Code of the Russian Federation on PrEP. According to Article 432 of the Civil Code of the Russian Federation, even an oral agreement between the parties is considered as a contract of sale.

Therefore, if a defect is discovered that the seller forgot or did not want to notify, the buyer has the right (Article 475 of the Civil Code of the Russian Federation) to demand a reduction in the price of the goods in proportion to the defect, to eliminate it free of charge within the agreed period, to compensate the buyer for the elimination of the defect, or to return the item altogether and get your money back.

Important! If the seller refuses to cooperate, you can file a lawsuit, but it will be difficult to prove the fact of the transaction without documentary evidence. The evidence base can be the announcement of the sale and the correspondence of the participants. It is much easier to prove your case in court if you have a written PrEP, but in such cases everything can usually be resolved before the court.

What items can be returned and which cannot?

When buying used goods, many are interested in the question of whether it is possible to return them back when inadequate quality. If hidden flaws are found, you can try to make a replacement (if there is a similar product) or achieve a reduction in cost.

With proper quality in accordance with Decree of the Government of the Russian Federation No. 55,:

• accessories for personal use and personal hygiene products (comb, towel, toothbrush);
• underwear and hosiery;
• building materials of individual sizes;
• cosmetics, perfumery, means for treatment;
• household chemicals;
• Furniture for kitchen;
• jewelry (we talked about the features of returning and exchanging jewelry);
• machines and spare parts for them;
• fabric cuts;
• plants and animals;
• various paper goods (books, magazines, stationery, newspapers, calendars, etc.).

Reasons for return and period after purchase

If the purchased item is of good quality, it can still be returned to the store. At the same time, the thing must be suitable for further sale and does not need to be repaired. The buyer can issue a return in the following situations:

1. The consumer did not fit the size, color, style, material or equipment of the product. Such reasons are considered quite reasonable, the money paid is refundable.
2. The product does not apply to food, personal hygiene or personal use.
3. There are no traces of operation, the packaging is not damaged, the product can be sold (except for defects).
4. If the receipt for the purchase has been preserved, it will be much easier to issue a refund, without it it is feasible, but difficult. Therefore, receipts should not be thrown away immediately after purchase.
5. Items can be returned subject to the return deadline. The state has established that 14 days are allotted for the return of goods (including the day of the transaction), the time frame can only be increased at the expense of the warranty card.

   If the time is up (and it doesn't matter if the buyer did not have time to return the product within two weeks of his own free will or due to circumstances beyond the control of the consumer), it will not be possible to return the goods.

If all conditions are met, there should be no problems with processing the return.

How to do it?

If, after the purchased second-hand product, a defect was discovered that the consumer was not notified about or it became necessary to return it for another reason, the following algorithm of actions should be followed.

Preparation of the subject of purchase and collection of evidence

In order to issue a return without any problems, it is necessary to pack the item in the same packaging in which it was purchased. Find a payment receipt that will confirm the purchase (if any).

If there is no check, this does not mean that the seller has the right to refuse the buyer. Evidence such as witness statements and video footage can also serve as supporting evidence for a transaction.

In addition to the check, the consumer can present as evidence a warranty card (it must contain the date of agreement and the seller's signature), a coupon for a cash receipt, a product data sheet (read about how to return or exchange a technically complex product). Sometimes even the way the product is packaged is enough. If the goods are large-sized (for example, a closet), and you had to pay for the services of movers at your own expense, the store is obliged to reimburse such expenses.

Contacting the store

Upon arrival at the store, you must state the reason for the return of the goods or point out the defect not previously stated. If the seller agrees with the decision of the consumer, then the case will remain for a small return of the money spent. If there was a refusal to accept the used goods, an application for a return is filled out.

There are no precise instructions in the Rules of commission trade on the return of things to proper condition, which entrepreneurs are trying to use. But with regard to goods in poor condition, paragraph 29 of Government Decree No. 569 of 06/06/1998 clearly states that the consumer has the right to return the consignment goods or demand the elimination of its defects at the expense of the seller.

That's why in case of refusal, a claim for the return of goods of inadequate quality is written:

1. This document is written in the name of the general director of the outlet, indicating the name of the store and its address.
2. Then the applicant indicates his data and information about the transaction (date of purchase, cost, product data).
3. A product defect is clearly described (for example, spontaneous disconnection of the phone).
4. Next, they state their requirements (exchange the faulty item for an analogue or return the money).
5. To show the seriousness of intentions, they refer to the legislation (you can indicate article 18 of the RFP, it specifies the rights of customers, articles 309 and 310 of the Civil Code of the Russian Federation say that the seller must fulfill the obligations assumed, article 503 of the Civil Code of the Russian Federation repeats the provisions of the RFP).

Article 309 of the Civil Code of the Russian Federation. General provisions

Obligations must be performed properly in accordance with the terms of the obligation and the requirements of the law, other legal acts, and in the absence of such conditions and requirements, in accordance with customs or other usually imposed requirements.

The document indicates the presence of a check (if any). All facts are stated as accurately as possible, but clearly. An application form can be found online. Sometimes it makes sense to contact a lawyer who will help you draw up a document in such a way as to avoid repeated refusal.

The application is made in two copies, one is taken by the buyer, the second remains to the seller.

Attention! The claim for return is considered 3 days. If a positive decision is made, the money must be returned to the client within 10 days.

What if the seller refuses?

If, even after filing the application, the store refuses to take back the product, the buyer has the right to go to court.

How to make a claim?

The claim is made in accordance with legislative norms in writing. It prescribes:

1. the name of the judicial body;
2. information about the participants in the process (passport data, telephone numbers, addresses);
3. the circumstances due to which the plaintiff's rights were violated are clearly stated;
4. the facts proving the defendant's guilt are indicated, if there is a PrEP, the violated conditions are indicated;
5. the price of the statement of claim, the calculation of the recoverable amount;
6. the claims of the injured party;
7. application list.

What to attach to the claim?

The application to the claim contains:

• a copy of the pre-trial claim;
• a sales receipt or other documents evidencing the purchase of a used product in this store;
• 3 copies of the statement of claim;
• receipt for payment of state duty.

Where to submit?

The choice of court depends on the amount of the claim: they apply to the district court if the value of the goods exceeds 50,000 rubles, to the world court - if the value of the claim is below 50,000 rubles. Such an application can be sent to a judicial institution:

• at the place of residence or location of the plaintiff;
• at the place where the transaction was concluded and carried out;
• at the location of the outlet or the place of residence of the seller (if he is an individual entrepreneur).

Reference. The document can be submitted to the office in person, sent by registered mail or through an authorized representative (with a document confirming his right to submit).

How much is the stamp duty?

If the value of the claim is less than 1,000,000 rubles, the consumer has the right not to pay the state duty. The amount of the state duty for a claim value of more than 1,000,000 rubles is calculated in accordance with paragraph 1 of paragraph 1 of Article 333 of the Tax Code of the Russian Federation and paragraph 3 of Article 333.36 of the Tax Code of the Russian Federation.

According to paragraph 3 of Article 333.36 of the Tax Code of the Russian Federation, the consumer pays a state duty in the amount calculated in accordance with the specified paragraph and reduced by the amount of the state duty payable at a claim value of 1,000,000 rubles.

An example of calculating the tax for a consumer with a claim value of 1,105,800 rubles:

1. The fee for a claim is 1,105,800 rubles. \u003d 13200 + (1105800 - 1000000) x 0.5% \u003d 13200 + 529 \u003d 13729 rubles.
2. The fee for a claim is 1,000,000 rubles. \u003d 5200 + (1000000 - 200000) x 1% \u003d 5200 + 8000 \u003d 13200 rubles.
3. State duty for the consumer = 13729 - 13200 = 529 rubles.

How long does it take to review documents?

The decision whether to accept the claim for proceedings shall be made within five working days from the date of its filing. Unless there are complicating circumstances, the district court hears such cases and makes a decision within two months. The World Court considers such claims within one month.

Although used items show signs of wear, this does not mean that the buyer should take all defects for granted. If the seller did not indicate at the time of the transaction all the shortcomings and defects of the goods, the store is obliged to compensate the client for the money spent when the client applies for a refund or payment for the repair of this defect.