Refund for goods of inadequate quality

Situations when purchased products or services turn out to be of poor quality or the seller does not fulfill his promises to deliver the purchased goods on time are very common.

In all cases, the buyer is protected by law and can get his money back if he makes claims in a timely manner and correctly formulates his requirements.

Refund is a standard procedure in case of non-fulfillment of obligations by the supplier. But if you return a product of inadequate quality, it is not always possible to return the money spent. But in both cases, the responsibility for collecting funds falls on the shoulders of the consumer.

Replacement of goods or refund of money: what the law says

Purchasing a product always involves some risk for the buyer, since the item may turn out to be unsuitable, or existing shortcomings may be revealed. Therefore, the legislator has established the procedure and mandatory conditions for returning purchased goods to the seller. There is also a list of products whose return is prohibited.

The main legal document that consolidates and explains the relationship between the seller and the buyer in this area is Federal Law No. 2300-1 “On the Protection of Consumer Rights” of 02/07/1992.

The conditions for returning goods whose quality does not meet the requirements are established by Article 18 of the above-mentioned law.

Note! According to its provisions, the buyer, when identifying defects in the purchased item, has the right to do the following:

• exchange goods with defects for a similar quality item of an identical model or brand;
• demand the replacement of a low-quality item with another that does not match its brand or model, with a recalculation of the amount payable;
• declare the need to reduce the paid price taking into account the detected shortcomings;
• demand that existing deficiencies be eliminated free of charge as soon as possible, that is, immediately;
• return the purchased item and demand a refund of its value.

The buyer can address one of the listed requirements not only to the seller.

The law also allows them to be addressed to the following persons:

• product manufacturer;
• the importer of goods into the country;
• a specially authorized institution or individual entrepreneur.

A cash receipt or sales receipt confirms the fact of purchase and payment for the goods, but their absence does not mean that it is impossible to return the item. The law provides for the necessary procedure for the buyer to contact the seller even in the absence of a check or receipt.

Reasons for refund

The rights of consumers entering into transactions for the purchase of goods or services are protected by Law No. 2300-1 of February 7, 1992. This document regulates the legal relationship between the parties to the sale and purchase. Based on it, the buyer can:

1. Exchange products of good quality within 14 days if they do not match the color, texture, size or other characteristics. Provided that the products are not included in the special list of non-returnable goods.
2. Count on free repairs or replacement of the purchased product if the product breaks down or if defects are found in it.
3. Receive the funds spent in full or in part back.

A refund is most convenient for the client and is absolutely not attractive for the seller. And although the store does not have the right to dictate the final conditions, not all cases allow you to count on receiving money back. There is an established procedure for resolving conflict situations, which may imply that the return of funds is the only or one of the possible measures to resolve the issue.

Service not provided

Consumers choose a service provider, often focusing on advertising, price and other categories. Since the number of companies is constantly growing, it is quite difficult for the buyer to navigate this market, so the risks of choosing an unscrupulous service provider are quite high.

When agreeing on the supply of a service, the buyer in most cases makes a full or partial prepayment. And when the organization does not implement the assigned task, the person has the legal right to get his money back. Two documents can guarantee such a return:

1. The Consumer Protection Law, which stipulates this possibility.
2. An agreement signed by the parties when concluding a transaction.

The service agreement is the primary document for the buyer. This is what you should focus on when filing a claim. Firstly, it must specify specific delivery dates. If there are none, then it will be extremely difficult to prove the delay in fulfilling the agreement. Secondly, it is advisable to inquire about the guarantees provided by the seller before signing. If the document talks about the terms of return for late delivery or even the accrual of a penalty, then there is a very high probability that unpleasant incidents can be avoided. The supplier can also prove that he was unable to provide the service due to the absence or illness of the buyer himself.

If the fact of failure to provide the service on time is proven, the supplier is obliged to return the previously paid amount in full, and sometimes also pay for other material and moral damage.

Defective goods

Purchasing low-quality goods allows the buyer to return them to the seller. Article 18 of the PPA stipulates that a consumer who discovers defects in a purchased product has several options for solving this problem:

1. Replace the product with a similar one.
2. Exchange a defective purchase for another product of similar or higher price with an additional payment of the difference.
3. Demand a reduction in price.
4. Give the product for free repair.
5. Present a receipt for payment for the repairs you performed yourself and demand compensation.

A person also has the right to ask for a full refund of the amount paid for the product. Please note that claims must be submitted within the stated deadlines. Typically, these periods are determined by the duration of the warranty. If there is none, then filing claims is possible within two years, which are determined by the Law on PPP.

When the seller is obliged to return money for the goods

The law provides a list of items that cannot be replaced with a similar product provided they meet quality requirements.

Please note! It includes:

• items intended for long-term use;
• furniture and other furnishings (windows, doors);
• products for sports and recreation;
• food products;
• medical products, including drugs;
• products intended for personal hygiene;
• other goods specified by law.

If we are talking about a technically complex product, it can be returned only if the buyer discovers shortcomings in the purchased item.

The legislator determined which specific goods belong to this category in the corresponding List approved by Decree of the Government of the Russian Federation No. 924 of November 10, 2011.

The list of such products includes vehicles powered by internal combustion engines or electric motors:

• air transport - helicopters, light aircraft and other means of air travel equipped with the above-mentioned engine;
• ground transport – cars, scooters and motorcycles;
• agricultural machines – walk-behind tractors, tractors and other similar equipment for agricultural work;
• means of transportation on snow - snowmobiles and similar machines, specialized equipment;
• water transport (sports, recreational and intended for tourism) - yachts, boats, boats.

Is it possible to return money from a QIWI wallet if you were defrauded?

How to return goods paid for by credit card, read here.

How to return a sofa to the store if you don’t like it, read the link:

Also included in this List are the following technical means:

• navigation and wireless communication devices, including via satellite. This group includes equipment equipped with a touch screen and performing two or more functions;
• desktop and portable computers (including laptops), electronic computer equipment and system units;
• multifunctional laser or inkjet devices, computer monitors equipped with a digital unit;
• devices for broadcasting satellite television, game consoles with an electronic digital unit;
• TVs and projectors operating on the basis of digital control;
• cameras and equipment for digital video recording, including lenses, devices for photography and filming, having a digital control unit;
• household appliances powered by an electric motor or based on microprocessor technology - combination and electric cookers, freezers and refrigerators, washing machines, coffee machines, dishwashers, air conditioners, water heaters and ovens;
• wrist and pocket watches of various types, designed to perform two or more functions. This refers to electronic, mechanical watches and devices of mixed types;
• tools that operate using electricity (hand-held and portable equipment).

Important! The law deprives the buyer of the right to return goods with defects in the following situations:

• the quality of the product has suffered due to the fault of the user. This happens if the item was used carelessly or was stored incorrectly. Damage is possible due to incorrectly applied product care products;
• the purchaser declared the poor quality of the purchase too late - when the warranty period (if it was established) or the expiration date specified by the manufacturer had expired.

In order to return the buyer’s money for the goods, the seller must have objective grounds.

The following circumstances may serve as such:

• violation by the manufacturer of the requirements for the quality of the item (manufacturing defect) - both for food and non-food products, regardless of their purpose;
• violation of the manufacturer's or generally accepted standards and rules for storing goods;
• careless transportation, loading or unloading;
• causing damage by others;
• the occurrence of deficiencies due to natural phenomena;
• unintentional damage caused by the user due to lack of information about the product.

The legislator obliges the seller to accept the product back and return the money if a similar replacement product is not available.

When the date of its appearance in the warehouse is known, the issue of replacement is subject to discussion. Otherwise, we will be talking about returning the purchased item and refunding its cost.

Which technically complex products cannot be returned?

Technically complex household goods for which warranty periods are established:

• household metal-cutting and woodworking machines;
• electrical household machines and devices;
• household radio-electronic equipment;
• household computing and copying equipment;
• photo and film equipment;
• telephones and fax equipment;
• electric musical instruments;
• electronic toys;
• household gas equipment and devices;
• wrist and pocket watches, mechanical, electronic-mechanical and electronic, with two or more functions.

If the product is of adequate quality, but does not suit the buyer

Important! Article 25 of the Law “On the Protection of Consumer Rights” allows citizens to return a purchase if it meets quality requirements, but is not satisfied with other parameters (model, style, color, etc.). The seller is obliged to satisfy the request for a refund for the product if there are no similar products suitable for replacement. The cost of the item is paid to the buyer within three days from the date of request to return the item.

If the purchase was made using an online service, the procedure is slightly different. Part 4 art. 26.1 of the Law “On Protection of Consumer Rights” establishes that an item purchased in an online store can also be returned or replaced. The money is paid to the buyer no later than 10 days from the date of the return application. When returning the cost of the goods, the seller has the right to deduct from it his own costs for returning the item.

In addition to Law No. 2300-1, one should be guided by Government Decree No. 612 of September 27, 2007 “On approval of the Rules for the sale of goods remotely.”

Claim

It is permissible to submit a claim for a refund of money for a product of inadequate quality to the seller during the entire warranty period (Clause 1 of Article 19 of the PZPP).
The same paragraph establishes that if there is no warranty period, it is possible to make a claim within 2 years from the date of purchase, but provided that the contract itself does not establish a longer period.

If the warranty period is less than 2 years, but defects were discovered during this period, it is possible to file a claim with proof of the fact that the defects arose before the purchase and were not the fault of the buyer.

Attention! A claim can also be made after the expiration of a two-year period, but only to the manufacturer (authorized representative) and only if a significant defect is detected, if the service life of the product is determined.

Also in this case, a claim can be filed within 10 years from the date of transfer of the product to the buyer, if the service life of the product is not determined.

The buyer has the right to make a corresponding claim. However, if over time the goods are resold, the new owner does not have to prove the fact of resale (donation, alienation).

As mentioned above, you can write a claim to the following persons:

1. To the seller, but only during the warranty period or after the warranty expires, but within a two-year period.
2. To the manufacturer (authorized representative) within the same time frame as the seller. If significant deficiencies are identified after 2 years, but during a certain service life, for 10 years, without a certain service life.

To avoid conflict situations, it is recommended to submit a claim in writing. One copy should be sent to the seller with the obligatory signature of the person who received the notification. If the seller’s representatives refuse to receive the claim on the spot, it is acceptable to send it by mail, with acknowledgment of delivery.

Article 19 of the Law of the Russian Federation dated 02/07/1992 No. 2300-1 “Time limits for submitting claims by the consumer regarding product defects”

Which products cannot be returned?

Government Decree No. 55 of January 19, 1998 established a list of products that cannot be returned regardless of the situation.

It includes:

• food products, including those in packaging (canned foods, fast food products intended for quick preparation, etc.);
• things that have a technically complex structure - household appliances, home appliances (vacuum cleaners, washing machines) and vehicles, as well as parts for them (for example, a car engine, an additional chamber for a refrigerator, etc.);
• jewelry made using stones of any kind, including synthetic ones. This also includes semi-precious and precious stones. This also includes jewelry that does not contain stones, made from precious metals (gold and silver);
• chemical industry products - perfumes and cosmetics, as well as household chemicals, varnishes, paints, garden chemicals, etc.;
• medicines and therapeutic agents, items for medical care and rehabilitation. This group includes bandages, means for making bandages, splints and other devices;
• packaging materials for food (paper, film, cardboard boxes, containers, etc.);
• kitchen utensils - dishes and small household appliances;
• textiles for the home - bed linen, pillows, underwear, blankets, etc.;
• personal care products;
• living plants and animals;
• books and other printed materials.

It happens that, despite the prohibition by law, it is necessary to make an exchange or return, then it is worth trying to contact the seller with such a request. But it must be remembered that the buyer has no right to insist in this case, since the law is on the seller’s side. Whether to meet the consumer halfway or not is his personal decision.

Return of erroneously transferred funds

Refunds to the buyer, in this case, are carried out on the usual basis. The retail facility also has three days left. If the money was transferred by the store by mistake, the client is obliged to return it.

Refusal or evasion of return may be regarded as a crime in the form of misappropriation of other people's funds. At the same time, in order to receive a refund, the buyer must, upon request of the store, present a cash receipt or other payment document.

Payment by bank transfer is convenient because such confirmation is always easy to print from your personal account. After all, the whole story remains a card operation.

Buyer's rights when returning a purchase

It happens that buyers behave incorrectly, rudely demanding a refund for an unsuitable product. If the law does not oblige the seller to take such actions, the parties are recommended to find a compromise. Typically, sellers are more willing to accommodate buyer requests for a replacement than for a return.

Sometimes they agree to a refund, but usually only for the sake of maintaining the reputation of the trading establishment and do not want to participate in legal proceedings. Therefore, it is worth considering replacing the product with a similar one.

We are talking about exactly the same thing, differing only in color or other minor properties. We should not talk about replacing it with a product with fundamentally different characteristics.

Thus, you cannot demand to exchange a regular kettle for an electric one. However, if the parties behave correctly, a compromise is possible, then the issue of the possibility of recalculating the cost is resolved. If necessary, the buyer can make an additional payment or, on the contrary, part of the money will be returned to him.

Note! When a similar product is not available at the point of sale, the parties may do the following:

• discuss the date of replacement, taking into account the expected date of arrival of a new batch of the same products;
• come to a decision on returning the cost of the goods.

The law obliges the seller to return the amount paid for the item within 3 days. If the buyer's rights have not been violated, he does not have the right to demand payment of a penalty, compensation for moral damage or reimbursement of the costs of transporting the goods.

If an item is purchased on credit, the seller must also reimburse the interest paid by the buyer when returning its value.

Return period

When returning a quality product, the money will be transferred within 3 days if the purchase was paid in cash. Within up to 30 days, if by bank transfer.

Refunds when canceling a purchase if a defect in the product are made within 10 days and increases to 45 days if a quality check is carried out.

On the day of purchase

If the client asked to terminate the transaction on the day of purchase, a return procedure is issued and the funds spent are immediately returned . For cash transactions, cash back. When paying by card, the transaction is cancelled.

There is no need to fill out an application. Only an invoice is issued in the form TORG-13. You need a check and a passport.

After a few days

The refund, if the applicant applied not on the day of purchase, but in the next two weeks to return a good quality product, is made within three days .

Seller's responsibility

A peremptory, unreasoned refusal to return the purchase price violates the buyer’s rights provided for by law.

Please note! In this case, with the help of specially authorized bodies, the following measures are applied:

• coercion to accept the goods back and return its value or to exchange the goods;
• compensation for losses caused (For example, a citizen had to go on a business trip to the North. He purchased a warm jacket, which, as it turned out, turned out to be the wrong size. The seller refused to replace the purchase, as a result the business trip was disrupted. The employer withheld the cost of tickets from the citizen’s salary and deprived his premiums. These amounts are losses that are subject to recovery from the seller.);
• imposing the obligation to pay interest in accordance with the refinancing rate of the Central Bank of the Russian Federation (1/300 of the rate per day). This responsibility falls on the seller if he fails to return the money on time;
• recovery of compensation for moral damage. Its size is determined individually, usually the amount is from 1,000 rubles. up to 15,000 rubles;
• application of other measures provided for by the terms of sale of goods (for example, the availability of shares could create special conditions for purchase).

The seller is unlikely to be willing to pay all the amounts listed on his own, so collection is carried out in court. If the claim does not exceed 50,000 rubles, you should go to the magistrate’s court, otherwise the case is subject to consideration by a court of general jurisdiction. If the court satisfies the buyer's demands, the seller will also have to pay legal costs.

The deadline for returning money for goods of inadequate quality under the Law on the Protection of Consumer Rights, Art. No. 22

, up to ten days are allotted for a refund . This period cannot be increased, but can be shortened.

It must be taken into account that when returning money in non-cash form, these ten days also include the period necessary for carrying out bank monetary transactions.

Refunds within three or ten days are legal.

As stated above, the money is returned within a period of ten days. As for the three-day period, it applies only when the buyer has exercised his right to return the goods within a fourteen-day period. If the seller does not have the required goods for exchange, he is obliged to return the amount you paid within three days.

Returning goods without a receipt

The main document confirming the fact of purchase is a cash receipt or sales receipt. However, the law does not consider that its absence necessarily entails a refusal of the buyer’s claims.

Important! You can prove the purchase of an item using:

• testimony. Eyewitnesses must confirm their knowledge in writing; their presence may be required during negotiations and in court;
• warranty documents (coupons, receipts), which also confirm the purchase;
• other documents containing the name of the seller (tags, labels, price tags).

In the absence of a receipt, the legislator indicates, the main evidence is witness testimony. Their absence greatly complicates the proof procedure.

Refund to the buyer by bank transfer if payment was made in cash

The seller may increase this period by mutual agreement or limit it. For example, goods from the categories of medicines, food, personal hygiene items, etc. cannot be returned. In such cases, the buyer must be warned about the impossibility of a return before the funds are transferred.

• The seller is unable to fulfill its obligations under the supply agreement while the buyer has made payment (when it comes to legal entities and individual entrepreneurs).
• Return to content. What must the buyer provide to the seller? To process a return you must provide:
• the product in the form in which it was received with tags and labels;
• warranty card (if available);
• check;
• return application.

Below we will discuss in detail why each of them is necessary. At the same time, there is no rule that allows determining the procedure for returning funds in the event that the holder of a bank card returns goods. If the seller has transferred goods of inadequate quality, the shortcomings of which were not specified in advance, the buyer has the right to refuse to fulfill the retail purchase and sale agreement and demand the return of the money he paid (clause 4 of article 503 of the Civil Code and clause 1 of article 18 of the Law dated 7 February 1992 No. 2300-1 “On the Protection of Consumer Rights”). In accordance with clause 4 of Article 453 of the Civil Code of the Russian Federation, the parties do not have the right to demand the return of what they performed under the obligation before the change or termination of the contract, unless otherwise established by law or by agreement of the parties. When a consumer returns a product, the law provides for the right to demand a refund of what was paid for the product, and since the product has already been paid for, the payment amount must be returned to the person who paid it, i.e. to the buyer.

Thus, if the bank has already fulfilled its obligation to transfer funds to the merchant (i.e., the funds have been credited to the merchant's bank account), all settlement obligations involving the merchant, the buyer and the bank are terminated. Consequently, by the time the purchase and sale agreement is terminated, it has already been fully executed - the goods have been transferred, payments have been made, and nothing prevents the parties from returning what was executed under the transaction by any means convenient for them. The procedure for performing operations to return money for goods that were not returned on the day of purchase is determined in accordance with clause 14 of the Procedure for conducting cash transactions in the Russian Federation, approved by Decision of the Board of Directors of the Bank of Russia dated September 22, 1993 No. 40.

Return instructions for the buyer

Step 1. It is recommended to contact the seller in the presence of another person, who will later be able to describe the circumstances of the conversation. The rules of polite communication must be observed. It is advisable to record the conversation on a voice recorder, but this should not be done without warning the employee of the retail establishment. It is better to explain that the recording is needed to avoid disagreements.

Step 2. Before contacting a sales organization, you should fill out an application to return the goods. To complete it, it is better to use a ready-made form (sample application). A copy of the document evidencing the purchase (receipt, contract, warranty card, receipt) is attached to the application.

The document is drawn up in two copies. One of them is handed over to the seller’s representative, and on the second he puts a signature and the date of receipt. The essence of the statement should be politely stated.

Step 3. You must present the product to the seller, demonstrating its safety and lack of use. He has the right to check the presence of labels and seals. If there are no claims, a note to this effect is placed in the second copy of the application.

If the seller objects to accepting the goods back, you should find out the reason for the refusal and ask to put it in writing.

Step 4. You need to offer the seller to replace the product based on the available options. If both parties find a suitable option, a certificate of replacement of the goods is drawn up indicating the date. The seller must sign that he has accepted the goods from the buyer. Within 14 days from this moment, the buyer has the right to exchange the received item again. The number of such replacements is not limited.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

Step 5. If it is impossible to exchange the goods, since similar products are not available, the seller must make a note about this on the second copy of the application. If an agreement arises on the deadline for receiving a consignment of goods, the parties must also make a note with signatures. If the buyer does not want to wait, the application for the return of the goods submitted to the seller is valid.

Step 6. The buyer must leave contact information for the seller to inform about the time of possible receipt of money, if it is impossible to return it immediately.

Step 7. After the three-day period, the buyer has the right to receive the money. If this does not happen, you need to require the seller to issue a written refusal indicating the reasons. You need to inform him of your intention to go to court, and additional requirements will be added to the basic requirements, as well as the amount of legal costs.

Often, the buyer’s confident actions become the reason that the seller decides to meet him halfway, not wanting unnecessary complications.

ATTENTION! Look at the completed sample application for payment of money paid for the goods:

When should funds arrive on my bank card?

The terms for returning money for a purchase in case of non-cash payment correspond to the terms established for cash.

To get a refund for an unsuitable product, you must present the bank card that the buyer used to pay , as well as receipts for the purchase and withdrawal of money from the card. If the purchase is returned on the day of purchase, the payment transaction is canceled through the terminal. After this, the funds are returned back to the buyer’s card.

In the following days, during the entire 2-week period when, according to the law, the purchase can be returned, the return procedure will depend on the agreement between the retail outlet and the bank; in general, the period should not exceed 10 days.

Most stores require the original card for a refund, but some require a receipt.

You can contact the bank yourself and write an application for a refund of funds . The speed of transferring money in private banks is usually faster than in public banks, in which the period can be 30 days.

You can find out about the procedure and terms for returning money to the card when returning goods to the store here.

To a Sberbank client

A Sberbank client can independently issue a refund by contacting the office where the card was received. There, a specialist will help you write an application for a refund.

You can also draw up the document yourself in advance. The following must be attached to the application :

• a photocopy of the receipt confirming payment for the specified goods;
• return application drawn up at the point of sale.

How long does it take for the cost to be refunded? Typically, in this case, the money is returned to the card within 30 days. By canceling the transaction by calling the hotline, you can reduce the period to 2-3 days.

Read about the procedure and timing for transferring money to a Sberbank card when returning goods.

Sample application for return of goods and payment of money

The law does not oblige compliance with a certain form of application; it is drawn up arbitrarily, regardless of the requirements.

The main thing is to include the following information in the text:

• name of the trade organization or individual entrepreneur and personal data of the applicant;
• description of the circumstances of the purchase of the goods (date, price of the item, etc.);
• a statement of the reasons for the return and the buyer’s requirements with reference to the Law “On Protection of Consumer Rights”;
• a list of attached documents, the main one of which is a copy of the check;
• date and signature indicating the transcript.

ATTENTION! Look at the completed sample application for returning goods of inadequate quality:

If the buyer requires a refund of the item due to a lack of exchange options, this should also be indicated in the application.

Recommended samples are given in the article.

Having received the goods back, the seller also keeps the statement, so you need to have a second copy. The return is again accompanied by the issuance of a receipt, which must be kept.

When a peaceful resolution of a dispute is impossible, the only option is to go to court. The claim can include, in addition to the purchase price, the amount of damage caused and compensation for moral damage. The plaintiff also has the right to demand the recovery of legal costs from the defendant.

ATTENTION! Look at the completed sample application for the return of goods of good quality:

In cash

Non-cash payments are promoted everywhere, appealing to the ease of use of the card and other opportunities that it opens up for the holder. But when it comes to claim disputes regarding the return of funds, cash payments turn out to be more convenient and profitable for both the consumer and the store. The only drawback with such a payment is the wait for the required amount of funds to be collected. This problem can be encountered in small shops that do not have a large enough turnover.

To get cash back, the buyer must contact the store with a claim. The seller makes a decision to return the payment and sets a return date, based on the PPA Law.

Methods and terms of refund

Art. 16.1 of the Law “On the Protection of Consumer Rights” establishes the possibility of paying for purchases both in cash and using payment systems. The money is returned in the same order in which it was received.

Cash

Having recognized the validity of the buyer’s demands to return the goods to the store, the seller accepts it, drawing up an act of delivery and acceptance of the item, and a purchase order is also issued. This document accompanies the return of funds to the citizen.

As already mentioned, money for goods of proper quality is returned no later than 3 days (Part 2 of Article 25 of the Law).

Payment form

Acceptance of a claim implies a positive solution to the requirements raised by the buyer. The application can be refused only if the examination shows that the indicated defects are not manufacturing defects, but were acquired as a result of improper use of the product.

After the fact of the return of funds has been agreed upon, the seller is obliged to transfer them to the buyer within the established time frame. The form of the reverse charge depends on how the payment was made. In most cases, amounts are returned in the same way as they were received. If we are talking about non-cash payments, then the money is transferred to a bank card. And in case of cash payment, they are handed over to the applicant on the specified day.

Is it possible to get a refund for shipping?

Part 4 art. 26.1 of the Federal Law “On the Protection of Consumer Rights” gives the online store the right, when returning goods, to exclude from the amount paid to the buyer the cost of delivering the item back to the store. Part 7 art. 18 of the Law obliges the seller to deliver goods heavier than 5 kg at his own expense.

The buyer also has the right to contact the importer, manufacturer or authorized person who carries out delivery.

Note! If the buyer made the delivery himself, he has the right to demand reimbursement of expenses from the seller.

Sanctions for violation of returns

The law obliges organizations to make a refund no later than 30 days from the date of filing the application. But not all sellers conscientiously comply with the requirements of the law.

Expert opinion

Yulia Volkova

Lawyer, ready to answer your questions

Ask me a question

The buyer has the right to charge the store a penalty in the amount of 1% of the product price for each day following the last allowed one. To impose sanctions, you need to contact the consumer rights protection authority, which will help draw up an appeal to the judicial authorities.

What you need to know

Refunds to the buyer by bank transfer by letter, as well as by other options, are carried out in strict accordance with the established norms of Russian legislation.

Distinctive features include the fact that a certain percentage is deducted from any amount when funds are credited to the bank account of an entrepreneur or company in particular.

During a refund, the corresponding commission is not refundable to the seller of goods or services.

In addition, there are other important features that require detailed study.

Required terms

Return of goods via non-cash payment by legal entities is carried out in strict accordance with special regulations.

This is also important to know:
Resolution No. 55: list of goods that cannot be returned or exchanged when the list is not valid

In order to correctly interpret all existing Regulations, it becomes necessary to understand the existing terminology in advance.

In particular:

In the latter case, such documents mean:

• checks;
• letters of credit;
• collection orders.

The specified documentation can be used for the purpose of making payments between legal entities. When making payments to individuals, this documentation is optional.

Acceptable grounds

This year, the “rules of trade” approved a list of situations in which the buyer has the right to expect to return funds paid by bank transfer on the same day.

Today, these main reasons include:

In the first case, difficulties may arise for the consumer when returning the purchased product itself.

Often there is a need to conduct an examination at your own expense to prove an existing defect that existed before the purchase.

If a defect is detected (the presentation is not taken into account), the seller must return the money in full, including for the paid independent examination.

According to Russian legislation, the buyer reserves the right to return the products within 14 days and demand a refund of the money paid.

Please note that the day of purchase of the goods during the countdown is not taken into account in this case.

Additionally, it is worth paying attention to the fact that there is a specific list of goods that, as required by the Federal Law “On the Protection of Consumer Rights,” cannot be returned.

Legal grounds

The main regulatory document that regulates the rules for the return of funds paid during non-cash payments is considered to be Federal Law No. 161 of June 2011.
For how many days is the minimum amount of sick leave issued in 2020, see the article: how many days is sick leave issued for.

How to correctly issue pay slips in 2020, read here.

It is this that must be referred to in order to eliminate the possibility of various misunderstandings and refusals when trying to return the money.

Rules for returning goods purchased by bank transfer

Refunds to the buyer are made upon presentation of:

Free legal consultation We will answer your question in 5 minutes!

Ask a Question

Free legal consultation

We will answer your question in 5 minutes!

Ask a Question

• goods with preserved physical properties, labels, not in use, in undamaged packaging;
• warranty card (if available);
• identification document (passport, driver's license);
• a sales receipt or other document punched at the checkout that can confirm the purchase of goods in a specific place and full payment (in the absence of a fiscal document, the purchase of goods can be confirmed by a witness; in chain stores, the receipt can be printed again, since they are stored in the database);
• applications for refund of funds paid.

Refunds of funds deposited into the store account via bank transfer are not possible by issuing cash from the cash register.

To return goods by bank transfer, you must fill out an application in free form or according to the sample specified by the store.

The seller must draw up an act for the return of goods, which also does not have an approved form, but when completing it, it is necessary to indicate a number of mandatory details:

• a brief description of the product for which the return is being made;
• buyer's passport details;
• amount to be refunded;
• detailed reason for refusal to purchase.

The act prepared and filled out by the parties is drawn up in two copies.

Package of documents that will be needed

According to Russian legislation, the return of funds paid by non-cash form can only be initiated by the buyer.

It is mandatory that you initially hand over the purchased goods to a trading organization in accordance with established rules.

A package of documents must be attached to the purchase itself, which includes:

• a properly drawn up application requesting a refund or exchange of goods. Often it also acts as a claim;
• warranty card - if available;
• payment documentation;
• a copy of the all-Russian passport;
• certificate of the examination carried out - if this was the case.

In case of returning a quality product, priority is given to its exchange. In most cases, stores are ready to return funds, but you should not refuse an exchange offer either.

At the same time, according to the requirements of the legislation of the Russian Federation, it is required to request a replacement of the purchased product on the day of purchase.

In the application for the purpose of exchange, the consumer will have to indicate the reason for refusing the purchased product and enter the desired quality parameters of the new one.

The list of reasons for the purpose of exchange is considered closed. This means that you can request a replacement for a similar product. Only in case of its absence the seller assumes the obligation to return the funds.

A sample application for a refund to the buyer by bank transfer can be downloaded here. The form can be used for your own purposes.

The loss of a cash or sales receipt cannot become an obstacle to the return of funds.

The Civil Code of the Russian Federation allows for the possibility of returning money to the consumer based on the provided package of documents or testimony.

Please note - in case of payment by credit card, the official document that confirms the fact of purchasing the goods can be a payment receipt, which can be easily printed in your personal online banking account. A similar receipt can be easily ordered from any financial institution.

In accordance with the norms of Russian legislation, the seller reserves the right to decide to refuse a refund in such cases as:

It is extremely important to know about such features in order to eliminate the possibility of various misunderstandings.

Nuances with VAT

If the purchased product is included in the category of products subject to VAT (value added tax), then when returning the funds, the seller can reserve the tax deductible.

In this case, it is necessary to correctly process the refund to the buyer, and then enter the information into the created declaration. The deduction will be made according to the standard sample.

Reflecting transactions using postings

When organizing a return, it is necessary to make appropriate records of the business transactions performed.

Postings that can be used to record the return of goods in 2019:

If an organization reflects its activities in the general system, then it is necessary to additionally reverse the VAT withheld from the goods by adjusting invoices.

This is important to know: Nuances of the law on silence in the Komi Republic

When using these postings, various types of misunderstandings will be eliminated.