How to return goods: discounted, used, promotional
19.11.2020 08:58
Every customer knows the phrase: "The goods can be returned to the store within 14 days". But many people do not even know that there are goods that cannot be returned. We will talk about them in this article.
To begin with, let's recall that buyer's rights are protected by the Law on Consumer Protection. But in addition to the Law, there is Resolution No. 172, which many buyers simply ignore. Despite the fact that this Resolution was adopted in 1994 (it is more than 26 years old), it is still in force and has not lost its relevance, and most importantly, its legislative force.
Resolution No. 172 contains three annexes:
- The first appendix contains a list of seasonal goods whose shelf life begins to be calculated from the beginning of the relevant season.
- The second appendix contains a list of goods that form the exchange fund. These are the goods that the seller and the manufacturer can provide to the buyer for temporary use in exchange for the purchased goods that are under warranty repair. For example, you bought a refrigerator and it broke down. The warranty on the refrigerator has not yet expired, so you return it to the store so that the seller can carry out warranty repairs. While your refrigerator is being repaired, you can ask the seller to provide you with another refrigerator for temporary use from the exchange fund.
- The third appendix contains a list of goods of good quality that cannot be returned.
Return and exchange of seasonal goods
Seasonal goods include clothing, fur and other products, and footwear. Only these categories of goods have a warranty period that is tied to a specific season. For other goods, the warranty period is calculated from the date of sale.
The warranty period is the period of time during which the manufacturer (seller) is obliged to replace or repair the product in connection with its introduction into circulation.
The warranty period is extended for the time that the goods were in the seller's possession and could not be used by the buyer because the seller was repairing defects in the goods.
For clothes from the autumn-winter assortment, the warranty period starts on October 1, for spring-summer clothes - on April 1. The warranty period is 30 days.
Warranty periods for shoes:
- from the winter assortment - from November 15 to March 15;
- from the spring assortment - from March 15 to May 15;
- from the summer assortment - from May 15 to September 15;
- from the fall assortment - from September 15 to November 15.
The warranty period for footwear differs depending on the type of footwear and the material from which it is made:
- for casual shoes with natural leather or fabric uppers - 30 days, artificial leather - 40 days, leather or rubber soles - 45 days, polyurethane soles - 70 days;
- for model and children's shoes made of any material - 30 days;
- footwear for outdoor activities - 60 days;
- for home or travel shoes - 40 days.
Now let's look at the example of returning a seasonal product.
Example 1: You bought a pair of leather sandals on September 9. The warranty period for them is 30 days. The sandals are from the summer assortment, which means that the warranty period for returning, exchanging, or repairing the product is from May 15 to September 15. You have 6 days left until the end of the season. This means that 24 days of the warranty period will be carried over to the next year, which means that in your case the warranty period will be valid from May 15 of the next year until June 7.
Example 2: On March 20, you went to a store and bought winter boots because there was a sale on the winter collection. The warranty period for the boots will be 30 or 40 days, depending on the material from which they are made. The boots are a part of the winter assortment, which means that the warranty period for returning, exchanging or repairing the product is from November 15 to March 15. That is, if your boots break, you can exchange or repair them under warranty from November 15 to December 15 (or December 25 if the warranty is 40 days) of the current year.
Goods that cannot be returned
Resolution No. 172 contains a list of goods of good quality that are not subject to return, including:
- Food products (food, beverages, alcohol, tobacco products, baby food, etc.), medicines and drugs, and sanitary and hygienic items.
- Non-food products:
- photographic films, photographic plates, photographic paper;
- corsetry products;
- perfumes and cosmetics;
- products made of down and feathers,
- soft, rubber and inflatable children's toys;
- toothbrushes;
- mouthpieces;
- shaving accessories;
- massage combs and brushes;
- horns (for wind instruments);
- violin chins;
- gloves;
- fabrics;
- tulle and lace fabrics;
- carpet products are meter-long;
- underwear;
- bed linen;
- hosiery;
- goods in aerosol packaging;
- print media;
- line and sheet metal products, pipe products;
- lumber, moldings (skirting boards, moldings), board materials (wood fiber and chipboards, plywood) and glass, cut or cut to the size specified by the buyer (customer);
- audio and video cassettes, disks for laser reader-writer systems;
- products made of natural and artificial hair (wigs);
- products for babies (diapers, pacifiers, feeding bottles, etc.);
- tools for manicure and pedicure (scissors, nail files, etc.);
- jewelry made of precious metals, precious stones, organogenetic stones and semi-precious stones.
If you bought a product from this list and it is of good quality, i.e., without defects, defects, etc., then you cannot return it. However, each rule has its exceptions, let's look at them with examples.
Example 1: You bought some underwear. In the store, you tried them on and they fit. When you returned home, you tried on the underwear again and realized that it was too small for you. In this situation, the store will refuse to exchange or return the item and will be right, since this product is non-refundable. But if you buy underwear and find out at home that it is defective, then the store will be obliged to make an exchange or refund your money.
Example 2: You bought a gold pendant with gemstones. You like it very much and do not plan to return it to the store. However, a couple of days after the purchase, you notice a stone falling out of your pendant. In this case, you have the right to return this pendant to the store for repair or replacement of the product, and you can also return the pendant and get your money back. In this situation, the store has no right to refuse you because the product was defective.
Example 3: You bought a program for accounting for goods, worked for a few days, and decided that it was not suitable for your business. Can I get a refund for the software? No, in this situation, a refund is not possible. The program is equated to disks for laser reading systems (which are on the list of non-returnable goods). Upon receipt of payment for the accounting program, the seller generates a unique digital code (license key) to activate the program and give the user access to the program. This code is an integral part of the software product delivery. After the license key is generated, the software product is considered used and cannot be returned or exchanged.
Can I return a discounted product?
If you want to return a discounted product, you should understand the reasons for the markdown:
- Marketing markdown - a good quality product that was previously sold at an inflated price is now sold at a discount.
- Markdown due to damaged packaging - the goods are of good quality, but the packaging is damaged.
- Discount in connection with the release of a new collection of goods - most often, a discount is provided at the end of the season, while the goods are sold of proper quality.
- Discount due to a defect.
If the markdown is related to points 1-3, then the goods can be returned without any problems. If you buy a product with a defect and the seller has informed you of such a defect in advance and you are satisfied with the product, then you cannot return it in the future.
Can I turn back worn goods?
The main conditions for returning or exchanging goods of good quality within 14 days are: the goods have not been used, have retained their presentation, consumer qualities, and tags and labels are intact.
If you bought clothes or shoes without defects, wore them for a couple of days and now want to return them to the store because they are too small or the style does not suit you, the store has the right to refuse to return them.
You can return a worn product to the store only if the product is defective or has a defect (inadequate quality). In some cases, the store has the right not to refund the money on the same day, but to conduct an examination of the goods to determine the cause of the defect. If it turns out that the goods were damaged because of the buyer, you will be refused a refund.
If you buy a second-hand product, for example, you have the right to return the goods to the store on a general basis. But if you buy a product with a defect and the seller informs you that the product is defective, you will not be able to return it later.
If you still have questions about returning goods, we recommend that you read our articles on this topic:
- Return of goods. Instructions for the seller
- Return of promotional goods
- Single tax and refunds
- Carrying out the turnover through the ECR
- Answers to frequently asked questions about inspections, product returns, and store revenue
If you have any questions about product returns, please leave them in the comments.
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Здравствуйте! Перечитала закон о защите прав потребителей, в том числе постановление 172, но не нашла там уточнения о том, что "если потребитель приобрёл товар с уценкой по дефекту и продавец объявил об уценке ,значит возврат невозможен" Я продавец и возникла такая ситуация: мужчина купил сумку с уценкой из-за дефекта,о которой мы рассказали и объяснили что обмен возврат невозможен,на что он заявил,что имеет на это право. Рассудит нас пожалуйста
В ст.15 п.1 Закона "О защите прав потребителей" говорится о том, что покупатель имеет право на получение полной информации о товаре. Предупреждение о дефектах товара является выполнением данной нормы. При продаже товара с дефектом рекомендуем указывать такую информацию в чеке или расходной накладной. Это говорит о том, что качество товара оговорено между продавцом и покупателем, а значит, покупатель не вправе ссылаться именно на данный дефект, как на основание обмена или возврата товара. В таком случае покупатель не сможет вернуть такой товар по причине дефекта. Однако, если в уцененном товаре обнаружены другие недостатки, возникшие не по вине покупателя, и не оговоренные сторонами при заключении сделки, он может быть заменен или возвращен.