Every year the popularity of online stores is growing. Increasingly, the buyer is invited to choose the goods not only without leaving home, but also without getting up from the couch. Are there any rules on protecting consumers' rights and returning low-quality goods to their owners in this area of trade?
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Statutory provisions
So, the legislation of the Russian Federation, namely Article 26.1 “On the Protection of Consumer Rights” states:
- The buyer, prior to the purchase of goods in the online store must be fully aware of what kind of product he purchases. This can be done by means of photo and video shooting, booklets and other possible ways.
- Another important factor is the notification of the buyer about the address of the place of departure, price and terms of payment for the goods.
- Usually, the text of the contract is posted on the website of the online store, which the buyer automatically accepts in case of purchase of goods. All rights and obligations in it are usually standard.
However, the buyer has the right to replace it with his own, having initially agreed with the seller. In the event of a dispute, the own conditions set forth in the document will help to resolve the matter faster. - A prerequisite is an attachment to the parcel with the goods of a document describing the technical characteristics of the product, its color, dimensions, packaging, as well as the return date and warranty check, if any.
- The buyer has the right to return the goods if their original, market appearance and its characteristics have been preserved.
- Many sellers claim that goods with broken packaging are not subject to return. This is a legislatively incorrect statement. Since, if it is impossible to verify the technical specifications without opening and breaking the packaging, this cannot cause a refusal to return the goods.
- In all cases and in case of any disagreement, the main document on resolving such issues is the law on consumer protection. And most importantly, do not forget that Article 23 of this law states that the seller is obliged to reimburse 1% of the value of the goods for each day of delay.
How to return money for goods purchased in an online store, watch the video:
How to return a product purchased in an online store
Returning goods to the online store is much easier than to the regular one. However, it has its own nuances. Let’s take a look at it step by step.
The buyer within a week, that is, 7 days can return the goods to the seller without explanation. In human language, just change your mind. Moreover, this can happen both upon delivery of the goods, and if the purchased items are still on the way:
- if the goods have already been delivered, then on the basis of the form enclosed in the parcel by the seller, it is necessary to fill out the requirement to return the goods
- if the goods are still on the way, you should contact the manager of this online store and notify him about this.
The form enclosed in the parcel should be understood as a written memo in which the following points are indicated:
- Store mode
- return dates
- establishing the presentation of the product,
- complete set of products
- the address of the store where to send the goods,
- order and terms of refund.
Next, you need to make a requirement for the return of the goods. By attaching to this application a photocopy of your passport and a receipt for payment for the goods or an extract from a bank card (any document confirming this fact will do).
It is also important not to forget to put in the warranty card, if it was all the accessories with tags and labels. Perhaps without packaging.
Send the goods by mail to the address indicated in the memo. It is better to send a parcel with a notice of delivery, then it will be clear and documented when it was received. You can monitor the process by periodically looking at the feedback of this store and talking with managers there.
The last step will be to receive money from the seller or exchange the goods with a surcharge of the buyer or, conversely, depending on the price of the exchanged and new goods.
Scheme of returning goods to the store.
Unlike returning products to ordinary stores, there is no rule in online stores that groups of any goods cannot be returned. You can return everything to the online store, except for products made according to the buyer's own measurements, that is, individual ones.
How to return goods of inadequate quality to the online store
The return of goods of inadequate quality has slightly different legislative conditions, namely more options, although it is carried out with the execution of the same act on the return of goods, but it has additional nuances.
Firstly, in this case, the buyer has 4 different possible options:
- Product Replacement:
- to identical,
- on another with the payment of a difference in price.
- The buyer may demand a reduction in price and a refund of this amount in proportion to malfunctions.
- You may request troubleshooting and return of the same product.
- Or ask to make a full refund of the amount paid for the goods in exchange for the defective product itself.
Seller Claims
- goods with a guarantee check - during the warranty period,
- goods without a warranty receipt - any adequate terms not exceeding a two-year period.
After receiving the goods, the seller has the right to an independent examination, in addition to being able to independently double-check the products for defects.
So, if, nevertheless, a decision was made on the examination, then it is important to remember that the seller initially pays for it, and the buyer has the right to attend this event and must be notified.
However, if the examination determines that the defect appeared in cases not specified by the guarantee, but mechanically or during improper operation, the costs of transportation, this examination and storage of goods will be borne by the buyer.
After identifying the guilty or innocent of low-quality goods, the money must be returned within ten days from the receipt of the claim.
Promotional items with discounts or bonuses
The rules for the return of these goods, both of appropriate and inadequate quality, are absolutely identical to the rules for the return of any other goods purchased in the online store.
In fact, it turns out that the client knew that he was buying the goods with a defect and still decided to do so, blaming the seller for this was inappropriate.
Depending on who is to blame for the return of the goods, he will pay for its delivery. If the product is returned due to the fault of the buyer: changed his mind, didn’t like it, didn’t fit in size or color, the delivery payment falls on his shoulders. If the fault of the seller is defective goods, then he will be the one to pay.
It is important to remember that a correctly drawn up act of return is a guarantee of a positive decision. Therefore, this statement must be made in duplicate, indicating:
- surname, name, patronymic of the buyer,
- descriptions of marriage, or failure to complete (this line can be skipped if the goods are returned in good quality),
- customer’s signature
- compilation dates
- with the attachment of a copy of the check or other document certifying payment,
- it is necessary to indicate the surname of which of the employees the complaint is sent.
Sample claim for returning goods to the store.
If the goods were defective and, according to the buyer, the seller should pay for transportation, then you need to put in the parcel a copy of the receipt of the delivery costs, mentioning this in your application.
How to take money - the main ways
Initially, there are several payment options for goods in the online store. Nobody really thinks which one to choose, and this is an important point, you need to start from how to return the money back. So the long-awaited moment of returning money from the seller to the buyer has come.
But how does this happen, and what are the pitfalls and options in this case?
If this card is no longer active, its validity has expired, or it has been lost, then at the request of the buyer, the seller can return the money either to another card he has, always open in his name, or to a bank account in the bank also open to him.
Since this procedure will no longer be carried out automatically, the terms of the refund will increase to a month.
If payment was made in cash, then cash will also be refunded, it all depends on the day the finances are returned:
- if the money is returned immediately on the day of purchase, an Act on the return of the amount of money to customers is drawn up. It is signed by members of the commission, and the money is safely transferred to its owner,
- if the funds are returned after the day of purchase, then they will be issued to their Main cash desk. You must have a passport or any other personal identification document with you when you return them, since it is on the basis of it that a written application for the return of finances will be drawn up.
When IM is obliged to refund the money, and when to return the goods, it is described in detail in this video:
Money back terms
The buyer has the right to refuse the goods from the online store within seven days without explaining the reason, starting from the day it was received and collect the money. This period can be increased up to 90 days, if the seller did not send a written paper on the terms and procedure for returning the goods together with the goods.
In this case, after the seller has received the goods, he is obliged to return the money within ten days, excluding delivery, since it rests with the buyer.
If the seller refuses to return the money
If the seller, within 10 days after drawing up the act of returning the goods, did not respond, or verbally stated that nothing will be compensated or replaced, then it is worth writing a claim in which to describe in full the procedure for buying the goods and for what reasons you need a return .
A sample claim for the return of goods purchased remotely can be downloaded below for free. It is also compiled in two copies, in free form and must have the following data:
- indication of the details of the seller,
- brand, article and other identification marks of goods,
- return reasons
- requirements for examination, whether their buyer puts forward,
- desired result: exchange, cash back repair and so on,
- Date of preparation,
- painting.
The claim is either handed over to employees in the office of the online store, with a note on their receipt of this application, in both copies, or sent by mail with a notification letter.
One way or another, after ten days, if no one answers the claim, you can go to court, and do not forget to charge 1% of the value of the goods to your claim every day.
Of course, shopping in online stores is more convenient, and in most cases even more profitable.
However, when it comes to returning goods, it is always easier to ask from a physical and tangible store than just from a website on the Internet. Have a nice shopping!
Is it possible to return the goods back to the online store?
Selling goods over the Internet is called a remote way of selling goods and buying remotely is not the same as going to a store and buying goods, the same phone.
The consumer has the right to return the goods purchased in the online store of both good quality and inadequate quality. That is, if you ordered a product through an online store, they brought it to you, it is completely high-quality, that is, without flaws, but you did not like it, then you can simply return it. But there are certain rules that you must adhere to when returning the goods and comply with these rules, otherwise you will not succeed.
First, I will tell you about returning goods without defects, and after how to return goods with defects!
How to return goods to the online store without flaws?
The consumer has such a right.
Until the ordered goods have been handed over to the consumer, he can refuse them at any time prior to their transfer, simply notifying the seller about it, if necessary, you can write a statement about the refusal of the goods before their transfer, you can use the feedback form in the online store and notify the seller through her, indicating the order number.
There are rules for the sale of goods remotely, which are governed by Decree of the Government of the Russian Federation of September 27, 2007 N 612 and paragraph 33 of these rules says that when returning goods of good quality, an invoice or an act of return must be drawn up. Or you can simply make a statement on the return of goods in the form proposed by the seller or write a statement in free form. But you need to draw up an act or write a statement only when returning the goods, and if you have not received it, then there is nothing to return to you, you just need to notify the seller about the refusal and demand a refund.
If you have already taken the goods, and then changed your mind and decided to return it, then you have 7 days from the moment you received the goods and in these 7 days you must keep within and return the goods, at least send the parcel to the post office. But the return period is extended to 3 months if the seller, when transferring the goods, did not provide you with information in writing on the procedure and terms for returning the goods, clause 4 of article 26.1 of the Law on Protection of Consumer Rights.
It is possible to return goods of good quality in a timely manner if their presentation, consumer properties are preserved, as well as if you have a document confirming the fact of purchasing the goods, this is a sales receipt, cash receipt, invoice, an account statement is suitable.
In other words, the preservation of the presentation means that the product has no signs of use, the packaging has been saved and in general it looks the same as when sold.
The seller must return the money in the manner indicated by the consumer within 10 days from the date of receipt of the relevant requirement, on the basis of para. 5, paragraph 4 of Article 26.1 of the Law on the Protection of Consumer Rights.
If you have already received the goods, you have not used it, the presentation has been saved, the deadline for the return has not passed, then the first thing you need to do is pay attention to the conditions for returning the goods that the seller must provide you in writing, from them you will learn how to return the goods. But if the information on the order and terms of the return was not provided to you when transferring the goods to you, then you will have a return period of 3 months and still here you will still be welcome to go to the online store and try to find information on the procedure for returning the goods, and if it’s not there, then call the seller and specify the information, if they don’t help you here, you need to send a parcel with the goods to the store’s legal address and don’t put in an application for returning the goods, you need to write in the statement that you refuse the goods on the basics Research Institute of paragraph 4 of Article 26.1, "Consumer Protection Law," the statement specify to whom it is directed and from whom, attach a copy of proof of purchase and send it all by sending through the mail. The day of return of goods is considered the day of its transfer to the post office for sending. Send the parcel with a delivery receipt and an inventory of the attachment, and return the goods of good quality at the buyer's expense.
What is the advantage of returning goods of good quality purchased in an online store, because the list of goods of good quality that cannot be exchanged or returned does not work here, here you can return any goods without explanation, except for goods that have individually defined properties, then there is such a product that can only be used by the person who purchases it, for example, this is a product on order, glasses with different lenses for vision, custom-made orthopedic shoes, name cup, picture of a certain hour Lovek and so on.
How to return goods of inadequate quality purchased in an online store?
The return process is exactly the same, only with the difference that the shipment when returning the goods of inadequate quality is paid not by the buyer, but by the seller.
It doesn’t matter whether you have violated the presentation or not, if the product is defective, then it obviously does not suit the buyer for the purpose for which he was purchased and will not perform his functions.
You can return the goods of inadequate quality on the basis of paragraph 1 of Article 18 of the Law on Protection of Consumer Rights.
It says that you are entitled, upon detection of defects in the product, to terminate the sales contract with the seller and demand the return of the sum of money paid for the goods.
However, clause 5 of article 26.1 of the Law on Protection of Consumer Rights refers to article 18-24 of this law when returning goods and says that if you sold goods of inadequate quality through an online store, then you should be guided by articles 18 to 24 of the Law on Protection consumer rights "
То есть вы имеете полное право вернуть товар ненадлежащего качества. However, in paragraph 1 of Article 18 of the RFP, it is said that if you purchased a technically complex product of inadequate quality, you have the right to return it within 14 days from the date of purchase, that is, the actual transfer of the goods to you, and if defects are found after 14 days, You have the right to return technically complex goods only if:
- There are significant flaws in the product that you can read about in the Resolution of the Plenum of the Supreme Court of the Russian Federation of June 28, 2012 N 17, in the section “Significant shortage of goods (work, services), lack of technically complex goods”,
- If you have handed over technically complex goods for repair and are being repaired for more than the prescribed time, that is, they violate the deadlines for repairs by at least 1 day, and if the deadlines are not set, then if they are repaired for more than 45 days, in any case, the deadlines you refuse and demand a refund of the amount paid for it,
- If you cannot use the product during each year of the warranty period for more than 30 days as a result of the phone being repaired and deficiencies eliminated. That is, if the warranty is 2 years and in the first year of the warranty, the phone was under repair for more than 30 days and the situation repeated in the second year of the warranty, then this is an occasion to return the goods to the seller and demand a refund of the money paid for it.
The return of goods of inadequate quality occurs according to the same procedure as described when returning goods of good quality, just write a return statement, pack the goods with the statement and send the parcel to the seller’s address with delivery confirmation.
If the seller refuses to return the goods and does not fulfill your requirements?
We consider those situations when you present legal requirements, that is, all the requirements of the law on returning goods are met, but the seller illegally refused you and does not return the money.
Clause 4 of Article 26.1 of the "Law on the Protection of Consumer Rights" tells us as follows that the seller is obligated to return the money to you within 10 days from the receipt of your requirements. That is, after the seller received the parcel with the goods and your application, he is obliged to return the money to you in the manner specified by you within 10 days.
If this does not happen, then we write a complaint to the seller. The claim sets out your requirements for a refund. It is advisable to refer to the articles of the law in the text of the claim to state the essence of the problem briefly and in the case, nothing extra is needed to be written. We put a signature on the claim and go to the post office. We attach to the claim details for which you must return the money and a copy of the document confirming the purchase
We forward the claim to the seller by registered letter with a description of the attachment and a notification of delivery. The inventory is needed so that you have a document on hand that confirms that you really sent the seller a claim (it will contain the entire list of documents sent), and not a greeting card, and you can receive a notification of delivery by mail later, it will be confirmation that the addressee, that is, the seller received your claim and got acquainted with it. The notification will indicate the date of delivery, we count 10 days from it and if the money has not been returned to you, then prepare a statement of claim and send it to the court.
By law, you can sue an online store at your place of residence, there is no need to pay a state fee for this category of disputes. If the amount of the claim is more than 50,000 rubles, then the lawsuit is filed with the district court, and if the amount of the claim is less than 50,000 rubles, the lawsuit is filed with the justice of the peace.
We attach to the application all the documents related to the case, receipts, invoices, documents on sending the parcel, letters, respectively we attach photocopies, provide the originals in court.
If you are not confident in your abilities, then seek help from a lawyer.
By law, the court will charge the seller not only the cost of the goods, but also a fine of 50% of the amount awarded by the court and everything is in your favor. Also after that you can declare a penalty for delay in fulfilling your requirements in the amount of 1% of the cost of goods for each day of delay.
As you can see, the money can be returned, the main thing is not to be afraid and not to be lazy and everything will work out. I hope the article was useful and helped you figure it out, and if you still have questions, you can always ask them on the site.
