Returns in an online store - how to reduce the number of returns in an online store

How to return a quality product

Step 1. Study the list of goods that cannot be returned

Not every item will be accepted back, so please check the list of non-returnable items first. It includes:

medicines;
cosmetics and hygiene products;
underwear and hosiery;
household chemicals;
jewelry;
complex household appliances (TV, refrigerator, computer);
textiles and knitwear;
houseplants;
periodicals (newspapers and magazines).

Step 2. Return to the store

You have 14 days to return goods without defects. During this period, go to the store where you bought the unsuitable item. Even if it is a network company, you can return or exchange goods only at the place of purchase. Contacting service centers, other chain stores or the manufacturer is useless.

To return or exchange a quality product:

Take with you the receipt and the packaging or branded bag in which the seller put the item. Just in case, take your passport. The law does not require this, but in practice sellers and administration ask to see documents.
Check if the factory labels and seals are in place (without them, the seller has the right not to accept the goods). Please note that we are talking about factory labels. If you tore off a store label, tag or sticker, it’s okay. The product will be re-labeled by a sales floor employee.
It is important that the item retains its presentation. The store will not accept worn goods. Therefore, you can’t go further than fitting. And no washing.

Step 3. Explain with the seller

Tell the seller that the item is not the right size, color or style and you want to exchange it or get your money back. If the store has exactly the same item, but in the right color or size, the exchange will be no problem. Typically, you will not be asked to sign or fill out anything for an exchange. We gave the item and the receipt and received a new one. But to get a refund you need to fill out an application.

If you still have the receipt and the seller is familiar with the law “On the Protection of Consumer Rights,” then three steps are enough. What to do if the receipt is lost or the seller does not want to accept the goods?

Return of goods by a legal entity to a legal entity: features and terms

The purchase of goods is the most common contract in civil law, and the most regulated of all when it comes to individuals.

In the case of legal entities, the situation is complicated by the fact that the legal regulation of their relationships is fragmented between two codes (economic and civil), and also does not have so many laws and regulations that clarify and expand legal relations in some controversial aspects.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, please use the online consultant form on the right or call

It's fast and free!

Features of returning goods between legal entities

Returning goods between legal entities is a complex legal procedure that is rarely resolved in a pre-trial format. Unlike retail trade with individuals, legal returns often lack a legal basis, and court practice varies depending on the region and type of activity of the entities.

When regulating disputes that concern legal entities, the law on consumer protection is not used. Please contact us to return the product. face legal the person faces the Civil Code of the Russian Federation (Article 27-30).

The difficulty of returning an object of legal relations between legal entities lies in the fact that the entities are deprived of the right to return the object due to inappropriate shape, size or style.

By signing the purchase agreement, the buyer fundamentally agrees that he wishes to purchase exactly the product described in the document. Because of this, problems often arise if the party was unable to evaluate the test sample before executing the transaction, since on paper and in digital form the object does not always look the same as in real life.

Read how to get a warranty for an iPhone.

Here is information on how to file a complaint about the inaction of police officers.

Follow the link for tips on filing a complaint against a lawyer.

Reasons

Returns do not always occur when there are significant problems with the product or delivery conditions.

If, when protecting the rights of an individual, the legislation allows him, by law on the protection of consumer rights, to refuse an already purchased object within a specified period (except for a group of goods for which this rule does not apply due to their properties), then when concluding a purchase and sale agreement between legal entities For individuals, the procedure is somewhat more complicated. If for some reason the purchase (or supply) agreement was not signed, then this kind of legal relationship still remains under the jurisdiction of the civil code.

The grounds for returning goods of proper quality between legal entities may be:

Delivery within a time frame exceeding that specified in the agreement.
The wrong product was delivered.
It is possible to return a product of proper quality if the party no longer needs it due to reasons beyond his control.
A change in the management of the purchasing company may also be a reason for abandoning the objects of legal relations.
If a legal entity needs to repay debts, it can also refuse the purchase and sale agreement.

In any case, the selling party may demand compensation in the form of a fine for the fact that the acquiring party decided to terminate the contract without the fault of the selling party.

Returning goods between legal entities without an agreement and without gross violations on the part of the seller is practically impossible. There is also no opportunity to use the deadline rule for such a buyer.

Returning goods of inadequate quality

It is much easier to return a product of inadequate quality to the seller. If the fact of the presence of defects that arose through the fault of the seller is proven, then the acquiring party only needs to file a claim with the supplier company, or immediately file a claim with the magistrate or economic court of first instance (depending on the price of the claim).

It is important to note that a defect can be used as a basis for a return only when the seller did not warn about it in advance.

If the contract states that the entire product or part of it may have certain nuances, then the buyer cannot use them as a basis for a claim, even if at the time of signing he did not realize their seriousness.

Return procedure and rules, document execution

If a party wishes to arrange for the return of a quality product by a legal entity to a legal entity, it can resort to both pre-trial and judicial methods of resolving the conflict.

A resolution to a dispute outside of court is implemented if the document itself specifies the reasons for returning an object of appropriate quality. Most often, the supplier does not agree to sign such clauses in the documents, because in this case his interests remain unprotected.

Such disputes are also considered by arbitration courts, but the chances of winning them are extremely low. One of the grounds for a positive decision by the judicial authority may be a sudden change in management (for example, the death of a director) or a situation in which an organization refuses a contract in order to pay off its debts with this money.

The procedure for returning goods of inadequate quality is much simpler. It varies depending on when the defects were discovered - during receipt of delivery, or during operation.

If problems with the goods were identified during reception, the recipient draws up a report in which he indicates all the defects he discovered.

Since the seller is considered the owner of the goods until the moment of acceptance, he will bear all property risks independently.

There is only one exception to this rule: if at the time of signing the contract the object was in transit, and the seller, accordingly, could not check its quality, then he is not responsible for possible defects.

In cases where defects were discovered after receiving the goods, or they became noticeable only after the start of operation, the buyer will need to prove that problems with the item arose not through his fault, but through the fault of the seller. This can be done by conducting special examinations in independent bodies. They will also prove that the product was used for its intended purpose and was not specially deformed to obtain benefits (compensation).

You need to know what is considered misleading.

How to file a complaint with the FAS - don't miss it!

Next, you can send the report and claim to the seller. Sometimes the parties immediately agree to resolve the problem peacefully, and then solving the problem takes from several hours to several days. If the seller denies his own guilt, then the case goes to court.

What documents accompany the return?

In order for the return to be processed legally, it is necessary to collect a package of documents. If you contact the supplier pre-trial, it will consist of four points:

Complaint to the seller regarding the quality of a product with defects described in detail.
Copies of all payment documents.
The act on the basis of which the claim was drawn up.
Return invoice (also drawn up based on the act).
Examination results (if the goods were returned after acceptance).

If the seller does not want to cooperate, and the matter goes to court, then the following documents are attached to the above documents:

The lawsuit itself.
Copies of documents identifying the plaintiff.
Copy of the agreement.
Documents confirming the status of a legal entity (buyer).
A copy of the receipt for payment of the court fee.
The seller's written refusal of the claim.

Return periods and supplier's responsibility

The claim must be considered by the seller within three working days from the date of its filing. Working days are considered to be those days that are established by the enterprise, and not as a general rule (if the company officially works on Saturday, this day of the week will also be included in the three that are given to it for an answer).

The return itself takes place within the time period specified in the contract or other reasonable times. The term reasonableness in this case is deciphered based on the distance that the object of legal relations needs to overcome, possible force majeure circumstances, the need to overcome customs, and other things.

Court proceedings in such disputes can last from three months to six months. It all depends on the workload of a particular judge and the nuances of the case.

The court can force the seller to accept the return of the goods, as well as pay compensation to the buyer if the object of the legal relationship had defects due to the fault of the supplier. If a product of proper quality is returned, then penalties may be imposed on the buyer.

Conclusion

If the parties set themselves the goal of avoiding most problems when it is necessary to issue a return of goods of both suitable and inappropriate quality, they should spell out these issues in detail in their document. If every nuance is settled by agreement, then both parties will save money and time that could have been spent on litigation if problems arise in civil legal relations.

Didn't find the answer to your question? Find out how to solve exactly your problem - call right now:

It's fast and free!

Source: https://prava.expert/zpp/vozvrat-i-obmen/yuridicheskomu-litsu-yuridicheskim-litsom.html

I was sold a low-quality product - what should I do?

It is very easy to return a product of poor quality. All you need to do is bring the product and a receipt confirming the purchase. In this case, according to Article 18 of the Law on the Protection of Consumer Rights, the buyer has several possible options to choose from:

Replacement with exactly the same working product;
Replacement with the same product of a different brand, with recalculation of the price - you may need to pay extra, or take back part of the previously paid amount for yourself;
Reducing the price - for example, if employees of a furniture store damaged a chair during assembly, but the buyer decided to keep the chair itself;
Free repairs - if the buyer himself paid for the repairs before contacting the store, he can request reimbursement of expenses;
Refund the entire amount for the product - the defective product is simply returned to the seller, and the buyer returns all the money paid

It is worth noting that in the case of a low-quality product, even the absence of a receipt is not an obstacle to a return - this is directly stated in the same Article 18 of the Law on the Protection of Consumer Rights. In addition, the consumer has the right to demand compensation for all losses that he incurred due to low-quality goods: this includes not only the above repairs at his own expense, but also transportation costs, and even harm to health.

Several important points are contained in Article 504 of the Civil Code. For example, if the seller refused to voluntarily replace the goods, then the price of the replaced goods will be determined by the court.

Return of unsuitable goods between legal entities

But what if one organization wants to return another quality product? What to rely on in this case? The purpose of the article is to answer the question of how the issue of returning goods of good quality between legal entities is regulated by law and whether it is possible to return goods to a legal entity. articles:

Subtleties of returning goods of good quality between legal entities
Rules for returning goods of good quality to a legal entity to a legal entity
Documents that accompany the return of goods

Subtleties of returning goods of proper quality between legal entities Subtleties of returning goods of proper quality between legal entities Commodity-money relations between legal organizations are entirely regulated by the clauses of the civil sales contract.

Procedure for processing the return of low-quality goods between legal entities

Law of Ukraine “On Protection of Consumer Rights”):

For proper product quality and safety.
Receive accessible, reliable and timely information about the product and its manufacturer (performer or seller). That is, you must have all the necessary documents for the product and information about the manufacturer.

Return and exchange of goods in an online store If the product is part of a set, you can return either the entire set or only the low-quality part (and get money back in proportion to the cost of this part).

We provide customers with the opportunity to check the product for defects within 14 calendar days.

If a defect is discovered by you after 14 calendar days, we reserve the right, at our own expense, to request an expert opinion that the defect arose before the delivery of the goods to the consumer or for reasons that arose after this point.

How to return goods between legal entities in accordance with the Civil Code of the Russian Federation

Organizations, individual entrepreneurs and other entities are engaged in economic activities and must follow the provisions of government regulations.

If there are claims for the return of products by an organization, individual entrepreneur or other business entity, the seller must follow the provisions of the purchase and sale agreement, and if there is none, the provisions of the Civil Code.

The regulatory document explains all the intricacies of relations between organizations when concluding, implementing and canceling business contracts. The main theses are regulated by Chapters 27, 28, 29 and 30 of the Civil Code of the Russian Federation.

List of grounds for the return of funds The process of returning the received products is carried out strictly in accordance with the current agreement and on the grounds provided for by law.

A document about the defects found, certified by the parties to the contract and a notification explaining the reasons, is sent to the selling party, which must pay the price of the product within the period specified by agreement or law.

In these situations, an application to the seller for the return of the amount of money is made in writing. To do this, a claim is written demanding the return of the amount paid for products or services performed poorly.

The claim is submitted to the seller (performer) by the purchaser himself or his representative. The seller puts a date on the buyer's (consumer's) copy and signs receipt. If the seller refuses to accept the claim personally from the buyer, it is sent to the seller’s place of residence by registered mail, it is advisable to make an inventory of the attachment. The claim must be sent with notification of receipt.

Law regulating the procedure for returning funds for purchased products
List of grounds for return of funds
How does the organization reimburse expenses for the purchase of goods that are subsequently returned?
Within how long must money for products be returned to the buyer?
List of documents required to process a refund by an organization

Law regulating the procedure for returning money for purchased products According to the provisions of the Law on the Protection of Consumer Rights, the latter is usually called a citizen who has not only expressed a desire to buy certain products, but also persons who use, buy or order goods only for personal needs (domestic, domestic etc.) not related to the implementation of entrepreneurial actions.

Source: https://law-uradres.ru/vozvrat-nepodoshedshego-tovara-mezhdu-yuridicheskimi-litsami/

Normative base

The relationship between consumer and seller is regulated by various legal documents. Attention should be paid to the following regulations:

“Law on the Protection of Consumer Rights” No. 2300-1. Essentially, this is the basis on which the relationship between the seller and the buyer is built. The document deciphers the basic concepts, defines the rights and responsibilities of the parties in the field of trade and market relations.
Relations in the field of consumer rights protection are also regulated by the Civil Code of the Russian Federation (Chapter 30). In particular, paragraph 2 of this chapter defines legal relations in the retail sale of goods both directly and remotely.
The Civil Procedure Code of the Russian Federation regulates legal proceedings between parties to protect consumer rights. In particular, Chapter 3 delineates the jurisdiction of authorities when considering cases in the field of trade relations.
Decree of the Government of the Russian Federation No. 55 of January 19, 1998 defines a group of products of appropriate quality, which are not subject to return or exchange.

Separately, it is worth noting Article 502 of the Civil Code of the Russian Federation, which specifies the buyer’s rights to return goods if they do not like them and are of adequate quality.

Possibility of returning a custom-made kitchen

A discrepancy in the size of a kitchen set is interpreted completely differently if the furniture was made to order, since in this case we can talk about inadequate quality of work.

The relationship between the seller (manufacturer) and the buyer (customer) is regulated by the provisions of Chapter 3 of Federal Law No. 2300-1, consumer rights when performing work (rendering services).

It is important to know: discrepancies between the actual dimensions of the furniture and those specified in the contract are considered defective only if the measurements for the manufacture of the kitchen were carried out by specialists from the manufacturer.

Types of goods the return of which is not provided for by the Law of the Russian Federation

The law has certain exceptions: for example, Government Decree N55 of January 19, 1998 approved a list of goods of good quality that are not subject to exchange or return:

products for the prevention and treatment of diseases in the home (personal hygiene items made of metal, rubber, textiles and other materials, tools, medical devices and equipment, oral hygiene products, spectacle lenses, child care items), medicinal preparations;
personal hygiene items (toothbrushes, combs, jewelry, hair curlers, wigs, hairpieces and other products of this group);
perfumery and cosmetic products;
knitted goods (sewing and knitted underwear, hosiery);
devices and components that have contact with food, made of polymeric raw materials, including those for disposable use (tableware and kitchen utensils, containers and raw materials for packaging for preserving and transporting food);
household chemicals, fertilizers and agrochemicals;
furniture group of products (furniture accessories and sets);
jewelry with precious stones , made of non-ferrous metals with inserts of semi-precious and synthetic stones, faceted precious stones;
vehicles and motorcycle goods, bicycle goods, trailers and license plates for them ; mobile devices for small-scale mechanization of agricultural work; pleasure boats and other swimming equipment for household purposes;
complex technical devices for household purposes, for which warranty dates have been established (machines for cutting metal and processing wood; household electrical units and devices; household appliances for the home; computers, cameras, video cameras, mobile phones; electric musical instruments; electronic toys, household gas equipment and devices);
civilian-type weapons and accessories , components of civilian and service firearms, cartridges for them;
living creatures and plants;
printed printing products (albums, postcards, books, calendars, topographic maps, magazines, etc.).

The seller has no right to accept the above goods back from the buyer.

What to do if you want to exchange, but the desired product is not on sale?

Sometimes when you contact a store, it may turn out that the desired product is not currently in stock. According to paragraph 2 of Art. 25 of the Federal Law of the Russian Federation “On ZPP” in this case the buyer can proceed as follows:

Refuse from a previously concluded purchase and sale transaction and demand the return of the money paid for the goods.
Wait until the day a similar product goes on sale and then make an exchange. In turn, the seller is obliged to immediately notify the buyer that the desired product is in stock.

Possibility of returning technically complex goods to the store

if the item has a defect, the repair of which will take more than 45 days;
if a defect has been discovered in the product, the repair of which would be impractical due to its high cost, if the repair will cost as much as a new similar product costs;
if the defect in the purchase repeatedly appears after repairs;
if the product has several defects that constantly appear, due to which the use of this item becomes impossible;
if the seller violated the repair deadlines established within 45 days;
if, due to repeated repairs, the purchased item has not been used for more than 30 days during the year.

All these circumstances make it possible for the buyer to return a technically complex product to the seller and demand a full refund of the money paid, or demand an exchange for a similar product.

Is it possible to return shoes if I wore them once and they didn’t fit?

Yes, you can . Shoes do not fall under the list of goods that cannot be exchanged, so the buyer has the right to return unworn shoes if they do not fit him in size.

Many people are interested in the question: “How to return shoes to the store if they don’t fit?” . This can be done only on the condition that the sneakers, shoes and other footwear have not been used, that is, the person did not walk down the street in them.

The shoes should not show signs of wear, scuffed or dirty soles. The presentation of the shoes must be preserved and this is the main condition for the return of shoes and other non-food items.

List of technically complex products that cannot be returned

In this case, the consumer has the right to present one of the specified requirements, but the burden of proving that the defects in the product are manufacturing defects lies with the consumer. That is, if the consumer does not receive satisfaction of his demand, he must, at his own expense, conduct an examination of the quality of this product.

If the examination establishes that the defects are manufacturing, then the consumer will have the right to demand satisfaction of his claim and compensation for losses (expenses for the examination). Procedure for the consumer To satisfy any of the above requirements, you must contact the seller (manufacturer, importer) with a written claim, drawn up in two copies, with clearly formulated requirements (copies of all necessary documents are attached to the claim, for example, a sales receipt, a sales receipt, a warranty card and so on.).

Actions if the seller illegally refuses

If, even after sending an official statement, the seller does not want to satisfy the consumer’s request, then the latter has every right to complain about the violator.

As a rule, the first thing they do is write a corresponding complaint to Rospotrebnadzor, whose employees will be required to inspect the store and, if a violation of the norms of the Federal Law of the Russian Federation “On ZPP” is detected, hold the management accountable.

A more radical way to assert your rights is to submit a statement of claim to a judicial authority. However, you should be prepared for the fact that the proceedings may take up to 2 months.

In conclusion, it is worth noting that you can return a product back to the store not only if its quality is poor, but also if it does not suit other parameters (color, size, etc.). It should be remembered that only high-quality food products, as well as the list of goods approved by regulations of the Government of the Russian Federation, are not subject to return. In all other cases, you should defend your rights as a consumer without hesitation.

Procedure and conditions for returning technically complex goods to the store

The concept of a technically complex product is used when determining the possibility of returning a purchase to the seller. Different household products have different compositions. When determining the presentation, as well as the serviceability of the goods, it is not always possible to determine the condition of such products through a routine inspection.

Therefore, they are allocated to a special group that cannot be returned without serious reasons. They cannot be returned in the first two weeks, like other products, just because they did not meet any criteria or characteristics. Table of contents

List of technically complex goods
Return Policy
Return procedure Drawing up an application

List of technically complex goods This list was determined by the Government in 2011.

Where and when will the money be returned?

If the seller agrees to return the money for the purchase, he will issue a certificate or invoice for the return of the goods. Keep these documents until you receive the money.

The seller must have the form for drawing up the act, but there are all kinds of sellers. If he doesn’t know what to write, he can say that the act is not needed: they say, he will remember you anyway, he has completed everything and you will soon receive the money. Don’t trust such sellers: you won’t be able to prove anything later. Before going to the store, just in case, download and print your version of the product return certificate.

If you paid in cash, the seller can return the money in cash or to a card - whichever is more convenient for you. If you paid by card, then the refund will only be to the card. But if by the time of return it is no longer valid, you can get the money in cash.

The seller has three days to return the money. Sometimes information about the return still needs to be transferred to the accounting department, which is located in another city or branch. There they will issue documents for the return, and then the money still has to travel from one bank to another - this does not always happen instantly. If the amount has not been returned within three days, you should wait a little.

When and how will the money be issued?

The time it takes to resolve a claim depends on the desired outcome. In most cases, you can exchange one dress for another on the same day.

If you were unable to choose a suitable model from the available assortment or decided not to purchase, you will have to wait 10 days. During this time, the organization must make a decision and pay the cost of the product.

If a dispute arises due to quality and an expert opinion is required on the cause of the defect, the period can be extended to 20 days

Depending on the payment method, money is paid out in two ways: in cash and by transfer to a bank card . Unfortunately, you cannot choose a convenient option.

An exception is if the credit card was lost, expired, or is being reissued. In this case, you can change the payment method. To do this, do not forget to indicate the reason in the application.

In what case can they refuse to return the goods?

It is not always possible for a consumer to return a product to the store if they do not like it. There are conditions under which a consumer may be legally denied a return.

Failure to meet deadlines for returning goods that you did not like.
The buyer did not explain the reason for refusing the item.
The product shows signs of use. At the same time, the products lost their marketable appearance.
Contact not at the place where the product was purchased.
The product is listed as non-returnable (for actual purchase) or was created to order.

Return of goods that do not meet the technical specifications documents legal entity

Documents that accompany the return of goods Documents that accompany the return of goods Defective goods are returned with the results of the examination attached, and offset against another similar product is allowed.

When legal entities have been cooperating for a long time, issues of return and exchange of goods (quality or defective) are resolved without problems, in a standard operating manner.

The procedure for returning goods of inadequate quality, if both parties have no objections, occurs upon signing the return certificate. When the receiving party has doubts or objections about the quality of the product, the decision is taken to court.

It is impossible to terminate a purchase and sale agreement by one party without the consent of the other, if there is no mention of this in its content. Attention The return procedure requires the preparation of a group of documents on the receipt and expenditure of commodity assets and financial reports.

How to file a claim for a refund for an item that did not fit?

The grounds and deadlines for the return (exchange) operation must comply with the provisions of the PPA. Organizations that ship their products to legal entities must take into account the rules protecting the rights of citizens using goods for personal purposes.

What should business entities rely on? Enterprises, individual entrepreneurs and other legal entities conduct business activities and are required to comply with federal legislation.

When making claims for the return of goods by a legal entity, individual entrepreneur or other business entity, the seller must be guided by the concluded sales contract, and in the absence of one, by the norms of the Civil Code.

The legislative document discloses all aspects of the relationship between legal entities within the framework of the conclusion, execution and termination of business contracts. The main provisions are regulated by Chapters 27, 28, 29 and 30 of the Civil Code of the Russian Federation.

Source: https://agnbotulinum.com/vozvrat-tovara-ne-podoshedshego-po-tehnicheskim-harakteristikam-dokumenty-yur-litso/