Are shoes subject to return and exchange by law?

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The times of shortages are long gone, so clothes and shoes on the shelves are offered in a huge assortment. Manufacturers are trying their best to please the most demanding consumers. But behind the bright “shell” there may be an obvious defect that is not noticeable upon purchase. What to do if you have already worn the shoes, but they turned out to be of poor quality or you don’t like them anymore? Is it possible to return the money, or will the seller refuse it? The answers to these questions will be discussed within the material.

Law on the return of shoes after a short wear

The possibility of returning shoes that have already been worn is regulated by the Basic Law on the Protection of Consumer Rights (hereinafter referred to as the CPR), as well as various government regulations and acts.

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In Art. 25 of the RFP states that the consumer has the right to return a quality product within 14 days from the date of purchase (7 days if the product was purchased in an online store).
In Art. 21 of the RFP talks about the possibility of replacing shoes of inadequate quality.
And Government Decree No. 55 of 1998 does not include shoes. Thus, it does not act as a product that could not be exchanged or returned.

Reasons for return

As the practice of applying the Law on the Protection of Consumer Rights shows, the reasons for returning shoes to the seller may be:

the shoes are torn,
cracks appeared on it,
the heel has come off or the sole has come off,
the product is made crooked, making it uncomfortable to wear,
the paint began to peel off the surface,
deformation has occurred.

Thus, any changes that have occurred to the shoes through no fault of the buyer are grounds for which the product can be returned to the seller.

List of items that cannot be returned.

Other reasons why you can also return shoes are:

I didn’t like the shoes I bought,
its color didn't match
the model, size and other characteristics did not satisfy the buyer,
shoes are uncomfortable to wear.

Thus, if the 14-day period from the date of purchase has not passed, the buyer can return the shoes to the seller.

Buyer's rights

The buyer has the right:

return unworn shoes within two weeks;
return shoes after wearing them for a short time with any defects found;
return a worn model of proper quality for subjective reasons (if it rubs, is inconvenient to use, “stains” socks and feet, etc.).

Note
From a legal point of view, the possibility of returning shoes that have been worn to the seller can be carried out on the basis of Law No. 234-FZ (amendments to Article 18).

If the shoes are defective

The most common manufacturing defects in shoes after a little wear are the following:

cracks in the material, tears in it;
tissue detachment or swelling;
significant separation of certain elements - soles, heels, as well as delamination;
seams that are not straight enough;
deterioration of paint coating and other factors that worsen the aesthetic appearance of shoes and interfere with their normal use.

It turns out that if the buyer discovered these defective points, he has the right to count on a return, provided that the defect is recognized. At this point, an appropriate examination is often prescribed to help establish the causative factors of the defect.

Return of used shoes

While returning high-quality unworn shoes within a 14-day period does not present any difficulties, returning used shoes has its own characteristics.

They are as follows - the return of worn shoes is possible only if during their operation defects were identified, or properties appeared that were not specified by the seller when selling the goods.

Naturally, there is no question about the safety of the presentation, tags and other similar things, so the buyer can restore his rights in the following way:

refund the money paid for the purchased product in full,
exchange the product for a similar or similar model of the same value or with a refund of the difference,
require the shoe seller to eliminate the detected defects at his expense,
get part of the money from the total cost of low-quality shoes. In this case, keep the product for yourself.

Remember! The use of the above options is permissible only on the condition that:

the detected defects are a manufacturing defect and not a consequence of improper use of the shoes,
the shoes have not been repaired by the buyer.

If these conditions are not met, the seller has every reason to refuse the buyer’s stated requirements.

A buyer who decides to return worn shoes to the seller must take into account that this can only be done within the warranty period. This indicator is set by the seller when selling shoes. However, it cannot be less than the warranty period established by the manufacturer.

If neither the manufacturer nor the seller has established a warranty period for the product, then the Consumer Protection Law establishes such a period of two years. It starts from the day the goods are sold.

If the defect was discovered after 14 days

In practice, a situation often occurs when a defect is discovered after 14 days from the date of purchase. In this situation, unscrupulous sellers do not listen to the requests of buyers who apply for a refund for purchased shoes after a short wear, citing the fact that the 14-day period has expired. In fact, there is nothing wrong with this, because the 14-day rule has nothing to do with the quality of the product and has no guarantee. Therefore, any claims against the seller can be made by the buyer:

during the entire warranty period, if the buyer has a warranty card in hand, in most situations the warranty is provided for a seasonal or monthly period;
if there is no specific warranty period, the buyer has the right to create a request for the return of defective shoe products within 2 years, starting from the date of purchase (Article 19, paragraph 1).

In any situation, the buyer retains the right to demand from the seller:

free repair of low-quality goods (Article 20);
replacing a defective model with a similar high-quality sample (Article 21);
compensation of funds in full (more details in Article 24 of the LPP).

Attention
If the fact of the presence of defects in the shoes after a short wear is recognized by the seller, he undertakes to carry out repair measures within 10 days. If the seller or manufacturer does not agree with the claim materials, an examination is carried out. According to the Law on the Protection of Consumer Rights (clause 5 of Article 18), the seller or the person who produced the goods undertakes to accept footwear products for examination even if the buyer does not have a receipt document.

Law on Consumer Protection

Article 25 of the Law on the Protection of Consumer Rights provides for the possibility of returning goods of proper quality to the seller.

Attention! To do this, the buyer can contact the shoe seller within 14 days and demand:

exchanging the product for a similar model of equal value, which will be suitable in color, size and other characteristics,
exchange for another pair of shoes of the same size, but cheaper, with recalculation of money,
return the shoes and get back the money previously paid.

In this case, the law gives the seller three days to return the money. That is, if at the time of returning the shoes there is not enough money in the seller’s cash register, he can return it over the next days.

Another option for a peaceful resolution of the relationship between the seller and the buyer would be to reach an agreement - instead of a returned pair of shoes, choose a suitable product upon the first delivery of products.

Conditions for returning shoes after a short wear

To be able to promptly return a worn item, you need to take into account several rules.

It is important that the product is in good presentation and has no traces of dirt or dust.
It is advisable that tags and labels remain on the product.
It is necessary that the consumer has in his hands the receipt document issued at the time of purchase.
It is necessary to deliver the product item within the period established by law. It is 2 weeks. The rule does not apply to warranty items in which defects were discovered after longer wear.

IMPORTANT
If the buyer fulfills all these conditions, the seller has no right to refuse him. It is important that the defects reported by the consumer were the seller's fault in order to qualify for repairs, replacements, or refunds. If the examination proves that the defects appeared during the unfair use of the shoes, then the consumer will not only receive nothing, but will also pay for the examination.

Is it possible to return shoes that are defective?

To return shoes that were found to be defective, the Consumer Rights Protection Law establishes other requirements. The law requires that each product that is sold to the consumer be provided with a warranty period for its use.

If a defect is discovered during the warranty period, the buyer has the right to contact the seller with a question about returning or exchanging the shoes for quality ones.

It should be borne in mind that regardless of the period of wear of the shoes, compensation for wear and tear is not required. However, the seller has the right to disagree with the buyer’s stated requirements if he has a suspicion that the defect in the shoes was a consequence of the buyer’s actions and is not a manufacturing defect.

In this case, a merchandising examination is carried out, during which questions will be raised about the reasons for the appearance of defects in the shoes, which were the basis for the buyer’s complaint.

The examination is carried out at the expense of the seller. And if its conclusions are not in favor of the buyer, then he will be obliged to reimburse all the seller’s expenses that he incurred during the examination. This includes payment for the services of an expert or a group of specialists, transportation of shoes, their storage and other costs associated with the examination.

If the examination confirms a defect on the part of the manufacturer of the goods, then no one will reimburse the seller for the costs of the examination.

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As practice shows, shoes with the following characteristics cannot be exchanged or returned:

shoes for a certain season were used all year round or in violation of the seasonal cycle,
dress shoes were not worn for their intended purpose,
on the surface of the product or the sole there are obvious traces of mechanical impact from cuts, burns, chips,
the damage occurred due to improper use, namely, the rules for drying and wearing it were violated, or there are traces of chemical exposure,
During the warranty repair period, the shoes were repaired in a workshop other than the warranty,
the buyer used the shoes for their intended purpose for a certain time, and then decided that he was not satisfied with the size, style, color or other parameters.

Returning shoes after some wear

You should consider the step-by-step instructions on the basis of which shoes are returned after a short wear.

The process of returning shoes after minor wear begins with a written complaint on the part of the buyer. It must clearly describe the nature of the defect. This paper becomes legally significant only as soon as the seller makes a note about acceptance of the goods of inadequate quality. Therefore, the document is drawn up in two copies: one remains with the consumer, and the other is sent to the seller.
If the seller agrees with your position and supports it, you need to draw up an application form. The application must contain intelligible and reasoned requirements for the endorsement of the act, which helps confirm the fact of the transfer of shoes to the trade worker.
If the seller does not agree with the buyer or cannot determine the cause of the damage, he sends the used shoes for examination.
Within three days, the seller accepts or rejects the buyer's demands. In the first case, you receive money or other goods; in the second situation, you need to contact human rights authorities or file a lawsuit. This will allow you not only to return the money given, but also to receive compensation for moral damage.

Shoes purchased online

Recently, shoes have been very actively sold online. However, the law does not see any difference in online and offline trading.

The only difference is that when buying shoes online, you can return them for a refund if they do not suit the buyer. If the shoes were purchased in a store, you cannot return the money immediately.

claims for returning goods to an online store free of charge in word format

The following procedure must be followed:

demand exchange for a similar one,
If not, get your money back.

The return of goods purchased online is regulated by Art. 26.1 STD.

Please note! It describes the following provisions:

You can cancel your purchase at any time before receiving it. And if you paid for the purchase in advance, you must return all funds paid,
If less than 7 days have passed since the date of receipt of the goods, you can return it without any explanation,
If, along with your purchase, you were not sent a document indicating the specifics of returning the product, then it can be returned within 90 days.

To return an item, it must be in new condition.

ATTENTION! Look at the completed sample claim for returning goods to an online store:

What documents will be needed:

Complaint to the seller for the return of goods,
A document that confirms the purchase of goods in this store. You can use an invoice, parcel packaging or payment receipts,
Technical documentation for the purchased product,
Warranty card, if included,
Delivery Certificate, which lists certain defects you found upon delivery of the goods (if such a document was attached),
The packaging itself, where the goods were located,
Information sheet on the rules and terms for returning goods to the seller, if available.

Refund deadlines

The seller is obliged to refund you the full purchase price, with the exception of the amount that was spent on paying for the delivery of the goods. The deadline for returning the entire amount is 10 days from the date of the announcement to the seller that you do not need the purchase.

Attention! Consider these nuances:

If there are quality claims, the product must be replaced within 7 days.
If the seller insists on examining the goods, then the refund period is extended to 20 days. The examination itself is paid by the seller, not the buyer,
If the seller does not have a quality replacement product in stock, the exchange period is extended to a month. After this, the entire amount can be returned to the buyer.
If the seller is late in payment, he will be required to pay an additional 1% of the cost of the goods for each day of delay.

The fee for returning funds to the buyer is paid by the seller. Refunds are made in the same way they were received from the buyer.

Watch the video. What to do if you want to return purchased clothes or shoes to the store:

When does the seller have the right to refuse a return?

In practice, there are several situations in which the shoe seller has the right to refuse a return. These aspects include:

the presence of damage that occurred during wearing of product items out of season (for example, due to wearing demi-season models in severe frosts or due to wearing ballet flats, sandals, summer shoes in the rain);
defects that were revealed as a result of using shoes for other purposes (for example, if a branded model of running shoes was used as special shoes);
the formation of mechanical damage that was not present at the time of purchase (burnt spots, cuts, cracks, separation at the seams);
defects that arose due to non-compliance with safety procedures and conditions.

Attention
Also, legally, the seller has the right to refuse if the shoes were subjected to repair work in workshops or at home before filing a claim. The exception is work related to the prevention and replacement of heels.

How to write a complaint?

The consumer who has decided to hand over the goods can express his own position orally or in writing. Of course, to make the requirements more likely to be satisfied, it is recommended to create a written document. The claim must contain the following key aspects:

recipient of the claim (indicate his name, address);
sender of the letter (you must note your own family and name information, address, contact phone number in order to maintain contact);
the date on which the purchase was made;
essence of the defect;
description of the requirement itself (as already noted, exchange actions, repair work, and refunds can be made);
You need to sign and put the date on which the call occurred.

It is important to attach the necessary supporting papers to this document. These include checks, tags, and other documents. A corresponding note is created about this. It is necessary to create a duplicate of the documentation so that the seller signs the acceptance on the second sample. Alternatively, you can photocopy the original.

A sample claim looks like this.

Nuances

If we are talking about low-quality shoes for which the warranty period has not expired, this claim is also relevant.
It is best to draw up the document in two copies: one of them is sent to the seller, and the other remains with the consumer.
Absolutely any employee of the retail facility where you purchased a pair of shoes will be able to ensure that delivery is marked.
If the seller's representative refused your request for a return, you have the right to find the buyer's corner and find out information about the postal address in order to send a letter to the manager.
If a pair of shoes was purchased on the market, and the seller refuses to accept the claim, you should write a complaint to the market administration, and subsequently contact the Consumer Union hotline.

Additional information
Consumer protection is an issue that is relevant at all times. To avoid problems and misunderstandings, the buyer should choose shoes more carefully and thoughtfully.

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