All you hear everywhere is, keep your receipt - this is your guarantee of returning the product if you are not satisfied with it. What to do if the check is lost? Got wet in the rain? Flew away in a gust of wind? Was it stolen by an intruder? You never know what could happen to him! What should you do if you need to return a purchased item back to the store, but you don’t have the treasured piece of paper? Here are some practical recommendations.
Is it possible to return a product without a receipt to the store?
Can. This is provided for by the Law of the Russian Federation of 02/07/1992 No. 2300-1 “On the Protection of Consumer Rights”. In particular, if you lose a receipt (cash or sales receipt) or other document certifying the purchase, you have the right to request a replacement/return of the product (if other conditions are met, for example, the deadline for return). In this case, it is allowed to refer to any evidence that the goods were purchased from this particular seller, including witness testimony.
Within what period can a product be returned?
Within 14 days, not counting the day of purchase. And it doesn’t matter at all why you decided to do this. The main thing is to comply with the conditions that allow you to return or exchange the purchased item. This rule does not apply to food products and goods that are not subject to exchange or return.
How to return an item to a store without a receipt?
If the deadline for returning goods of proper quality has not yet passed, then proceed as follows: to the following algorithm. Check whether the product you want to return meets the specifications:
- the product has not been used;
- the presentation of the product has been preserved;
- the consumer properties of the product are preserved;
- seals and factory labels are preserved.
If this is all right, prepare a statement and contact the seller with it. The application can be handwritten or presented in typed text.
What to write in the application for the return of goods?
In the application for the return of goods, you must indicate:
- personal data of the buyer (last name, first name, patronymic, address, telephone number);
- name of the product (according to the passport, instructions);
- reason for refusing the product (for example, the product did not fit);
- demand to return money paid for goods;
- method of returning money (for example, in cash at the cash desk or by transfer to a card).
The application must be accompanied by proof of purchase of the goods from the store to which you submitted the application. Don't know what evidence to provide? Ask our lawyer! By leaving a request on the website, you will receive an answer to your question within 15 minutes.
The seller accepted the application. What's next?
If the answer to the question, can I return the goods to the seller without a receipt, has already been decided for you, then you should take care of other important details. Upon acceptance of your application along with the goods, the seller must draw up an acceptance certificate and put a mark (for example, name and signature, store seal, etc.) on your copy of the application. Within three days, the seller must satisfy your request for a refund of the money paid for the product.
In contact with
Do not delay returning it, hurry to the place of sale. And don't forget about the check. This is the main and most compelling document confirming the fact of the sale of low-quality goods. But what if the check is lost? It will be much more difficult to defend your rightness, but it is still quite possible.
Remember that when returning a defective product, a receipt is not required. Facts confirming the purchase of goods, in addition to a cash receipt, include a receipt for a cash receipt order, a technical passport, duly executed, instructions for use, packaging and other documents that may contain information about the seller and the date of its purchase.
If none of the above documents have been preserved, or the packaging, for example, does not contain indications of this particular seller, then you can ask witnesses to confirm the fact of purchase. So going shopping with friends or family turns out to be a very useful thing.
Difficulties may arise when returning low-quality products. A particular difficulty is the acquisition of low-quality food products On the market. It is unlikely that spoiled and stale food purchased at the market will be returned to the seller in order to exchange for quality food, much less to return the money. But is it worth returning such products? There you are required to exchange the goods, although refunds are extremely rare.
When going to the place of purchase, do not be lazy and read the “Consumer Rights Protection Law”. This way you will have an idea of what the sellers owe you and what rights you have in this area. When returning a defective product, please first contact the seller who sold the product to you. If he refuses your request, feel free to contact the general manager of the store or his deputy.
If you are unable to get the truth, contact the Consumer Rights Protection Organization. But before that, receive a reasoned refusal to return money or exchange goods at the place of purchase.
There are frequent cases of selling goods without a receipt. As a rule, this is found in markets, small shops, trade stalls, and online stores. But if you were sold a low-quality item or it simply did not suit you in color, style, or size, you have every right, within the established deadlines, to return the product or exchange it for a better one, even in the absence of a receipt.
Instructions
You will still have to prove the purchase of goods from a specific seller. Testimony from witnesses, packaging with the seller’s logo, serial number of the product, photo or video recording of the purchase process, etc. will be sufficient. As a rule, in markets when returning products, the seller knows the shortcomings of his product and, when contacted on the day of purchase, readily returns money for a low-quality product or item.
Contact the seller by presenting the product. Verbally demand your money back. In case of refusal, make a written claim, listing and attaching all available evidence of purchase, including telephone numbers and names of witnesses. Formulate your requirements briefly and to the point. The claim must be written in two copies, one to the seller, the second remains with you with the following notes: date, signature and seal of the seller on acceptance of the claim.
If the seller refuses to accept the claim, contact the administration of the shopping center or market. And send the claim itself by registered mail to the store, market administration or seller (if you were informed). Otherwise, submit a statement to Rospotrebnadzor.
The article will reveal the main points related to the possibility of returning goods without a receipt in 2019. What are the reasons for the return, whether it can be done, and how to proceed - further.
Dear readers! The article talks about standard methods solutions to legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:
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A situation arises between sellers and buyers when the latter wants to return the product because it is defective. Sellers do not always agree to exchanges, so consumers should be aware of their own rights.
Important points
The law that protects the rights of consumers gives them certain rights. However, not all citizens use them. Not everyone knows that you can return an item without having a receipt in hand.
Return Features:
If there is no receipt, the fact of purchase can be proven in another way. For example, provide the seller:
- on the transfer of funds from the bank;
- warranty card;
- products;
- packaging of the product with the seller’s initials and cost.
A store representative may require a passport and file a statement about the loss of the receipt. Returning goods without a receipt is the buyer's right by law.
What you need to know
If the consumer is not satisfied with the quality of the product or the product breaks within a few hours (days) after purchase, he has the right to visit the store and demand a replacement.
The buyer must have the statement with him. There is no established form of application-claim. But the document must indicate:
- seller's name;
- applicant details;
- a list of product defects due to which it has to be replaced;
- proof of payment.
The application is presented to representatives of the retail chain. If the application is refused, it is sent by mail.
In case of refusal, a conflict begins between the seller and the buyer. Citizens have the right to send a copy of the application and complaint to Rospotrebnadzor.
If after submitting the application the seller returns the money, he will not be involved.
If he refuses to exchange the item or return the funds, the consumer has the right to file a claim and lawsuit in court. In court, the plaintiff must prove that the purchase was made from this seller.
If the product is of inadequate quality, returning it without a receipt, the buyer has the right to demand:
- return money;
- repair the product;
- reduce cost;
- compensate for repair costs - you will need to provide documents on expenses;
- exchange the product for a similar one.
The buyer must file a claim, on the basis of which the product is changed or legal action is taken.
If a product is discounted, this is not an obstacle to exchanging it. If such goods are sold, the seller is obliged to in writing indicate shortcomings.
If after purchase other defects not specified by the seller are discovered, the buyer has the right to return it. If the receipt is not presented, the seller has no right to refuse to accept the goods.
For each case (return, exchange, repair) there are deadlines:
If the deadlines have passed, the buyer has the right to demand compensation for damage - a penalty of 1% for each day of delay.
The main condition for a return is that the product must look the same as when purchased. If the seller sees even minor damage, he has every right not to accept the goods.
Without a tag, but with a receipt, you can return the product if its quality is inadequate. The seller takes the item for examination. If poor quality is confirmed, the citizen is required to return the money.
Main reasons for returning
There are a number of conditions for returning purchased goods:
- detection of manufacturing defects;
- equipment failure (during the warranty period);
- expiration date;
- non-compliance with the quality indicated on the packaging;
- the item did not suit the buyer - in size, color.
When returning goods, you must reasonably explain the reason for the return. An exception is purchasing online, by mail, or through a catalog.
What does the consumer protection law say?
Basic normative act, protecting the rights of buyers - adopted on February 7, 1992. It regulates the relationship between consumer and seller.
The purpose of the law is to protect the rights of citizens and impose obligations on the seller to accept defective goods or quality, if it did not suit the consumer.
If the buyer does not have a receipt, witness statements may be used. determines the rights of consumers when purchasing goods of inadequate quality.
In accordance with the seller has the right to demand compensation for damage.
Is it possible to return goods without a receipt?
It is allowed to return goods without a receipt in the following cases:
In this case, the following conditions must be met:
A quality product cannot be returned to the store if you no longer like the item. These include cosmetics, personal hygiene items, animals and plants. When you get home, you don’t need to immediately cut off the tag and throw away the box Especially if the receipt was not saved It is necessary to comply with the legal return period and take into account expiration dates Otherwise you will need to provide additional documentation to confirm harm to health To exchange, you need to take documents accompanying the goods. Warranty card, registration certificate, etc. To exchange without a receipt, sometimes you have to fill out a form Provide a passport According to the law, 2 weeks are allowed from the date of purchase to return products without a receipt. This applies to undamaged goods. Sellers have the right to extend the term by notifying the buyer.
Procedure for exchanging items without a receipt:
Before you go to the store Collect product boxes and attached documents Check item Check for scratches and dents In the store, contact a senior salesperson or administrator Not to a consultant Calmly explain the situation, provide evidence of purchasing the goods in this store Where the item was located, the day of purchase, who served it. If the person paid with a card, show the SMS on the phone If they refuse to accept and exchange the goods, write a statement If a store employee behaves aggressively, file a complaint on the official website legal entity or private entrepreneur If positive decision absent Complain to Rospotrebnadzor Product shortages do not always appear within 14 days. If the grounds for the exchange are compelling, an application is filed with the court. Before this, evidence is collected. For example, an item caused an allergy.
Algorithm of buyer actions
Algorithm of actions when returning goods without a receipt:
- Draw up an application in two copies.
- Visit the store where the product was purchased. Call the person responsible for the return or exchange - a merchandiser or manager. If there is no receipt, you must bring with you a person who was present at the time of purchase and will confirm this.
- Hand one copy of the application to the seller, ask the seller to sign the second copy indicating the date and initials.
If the exchange is not of interest and the buyer wants to return the money for the purchase, it is worth asking in advance whether the store has a product with the same characteristics.
If it is not there, a note about this is made in the application - the buyer is returned the money.
If the object is of poor quality
The main reason for returning an item is the presence of a defect that the buyer did not discover at the time of purchase. The main thing is to act immediately.
Don't wait too long - sellers claim that the product was damaged during use and the buyer is to blame.
You can exchange low-quality goods without a receipt. Exception - the cost of the goods exceeds 10. Then you will have to prove the written conclusion of the transaction. Witness testimony will not work.
The buyer has the right to be present when checking the quality of the product. If there is controversial situation regarding quality, an independent examination is carried out.
If the fault of the seller or manufacturer is not proven, the buyer shall reimburse the costs. If the seller denies purchasing the item, you can use the testimony of witnesses - people who were present during the purchase of the item.
CCTV footage will also help. If management refuses, you are allowed to contact Rospotrebnadzor or consumer rights protection organizations.
It is difficult to exchange expired goods without a receipt. Usually the money is returned for it, but sometimes the buyer wants to receive the same product, only fresh. The algorithm of actions is the same.
A product can break for various reasons. To exchange a broken item, you must prove that the breakdown was the fault of the manufacturer and not as a result of improper use.
Video: is it possible to exchange goods on the market without a receipt?
Before making claims to the seller, you must contact an independent institution to conduct an examination. Be sure to get a conclusion.Nuances of the procedure for returning goods without a cash receipt:
- the buyer must require a warranty card or other technical document with a seal;
- non-cash payment will serve as proof of purchase when there is no receipt;
- for additional purchase fixation it is better to use bonus card and register in personal account trading company.
Products of poor quality can be exchanged. In addition, the buyer has the right to demand compensation for losses.
If marriage is not visible at first glance
It happens that when purchasing a product or item, a defect is not discovered immediately, but during use it is a hidden defect.
It is caused by various reasons - improper transportation or storage conditions, non-compliance with the rules of use.
According to, if the seller is silent about the defect, the buyer has the right:
- ask the seller to reduce the cost of payment for the goods;
- extort to eliminate defects for free;
- demand reimbursement for repair costs.
The buyer also has the right to a replacement of an identical product. He has the right to demand the seller compensate for moral or material damage caused due to the use of a broken product.
The absence of a receipt is not an obstacle to exchanging or returning goods. A claim is also filed.
If the warranty period is not established, then, in accordance with the law, the buyer has the opportunity to return the damaged goods within 2 years.
Each party has the right to demand an examination to identify the cause of the malfunction. The buyer will receive compensation if the breakdown occurred due to the fault of the manufacturer.
Summary:
Legal instructions on the site will tell you what to do if there is a need to return or exchange an item, but the receipt confirming its purchase in this store is lost.
Is it possible to return an item without a receipt?
In accordance with paragraph 5 of Art. 18 of the Law of the Russian Federation “On the Protection of Consumer Rights” and Art. 493 of the Civil Code of the Russian Federation, the absence of a consumer's cash or sales receipt, non-cash payment receipt for services or other document certifying the fact and conditions of purchase of goods is not a basis for refusal to satisfy his requirements by the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer). However, this does not mean at all that the receipt can be safely thrown into the trash after making a purchase. The receipt confirms the conclusion of the purchase and sale agreement; in its absence, the consumer will have to look for other evidence of purchasing the goods from this seller, otherwise his demands may remain unsatisfied.
How to prove the fact of purchase?
(( vrezka )) A conflict with the seller over the lack of a receipt does not necessarily mean the latter’s unwillingness to fulfill the consumer’s requirements. If we're talking about about consumer goods that are sold in various retail outlets, then often the seller himself cannot accurately identify the item presented as belonging to his store, not to mention precise definition time of purchase. If the item is exclusive, has the store’s branded packaging, a price tag and other characteristics that allow you to identify the place and time of its purchase, then most likely no questions will arise. Therefore, the seller’s reluctance to immediately fulfill the demands of a consumer who has lost a receipt should be treated with understanding.
For example, it is possible next situation. A consumer bought a jacket from a popular brand, and a few days later decided that the color did not suit him and decided to exchange it. In accordance with Art. 25 of the Law of the Russian Federation “On the Protection of Consumer Rights”, in order to exchange a non-food product of good quality that is not suitable in shape, dimensions, style, color, size or configuration, the consumer has 14 days, not counting the day of purchase. The seller will be obliged to fulfill this requirement, however, in the absence of a receipt, the consumer will have to prove that he bought the jacket in this store and that the period during which he can count on a free exchange has not expired. In the absence of a receipt, the consumer may refer to other evidence confirming the fact of purchase, including witness testimony. However, the burden of proof still lies with him. This should not be forgotten.
Practice shows that witness testimony has the most effective effect on the seller, since it is they that are specified in the Law of the Russian Federation “On the Protection of Consumer Rights” as evidence that the consumer can refer to in the absence of a receipt. Having heard them, the seller will be more willing to check the cash register tape to make sure that the consumer’s words are true, and then make an exchange. But in the absence of a receipt or any other evidence of purchase, the seller can ignore the consumer’s demands, including to check the cash register tape, with complete impunity.
Where to complain?
If the seller refuses to voluntarily comply with the consumer’s demand, the latter has the right to file a complaint with Rospotrebnadzor and a lawsuit in court. As part of the trial, the consumer has the right to request from the seller the results of reconciliation of the cash register tape, as well as recordings of CCTV cameras from the cash register area. (Article 57 of the Code of Civil Procedure of the Russian Federation). The seller’s refusal to provide such information will be assessed by the court along with other evidence available in the case.
If cash or sales receipt was not issued to the consumer at the time of purchase, he has the right to apply to tax authority with a complaint. Failure by an organization or an individual entrepreneur to issue a printed cash receipt to a buyer (client) when making payments with him, that is, the failure to use cash register equipment, violates the requirement provided for in paragraph four of clause 1 of Art. 5 Federal Law dated May 22, 2003 N 54-FZ “On the use of cash register equipment when making cash payments and (or) payments using payment cards” and entails administrative liability in accordance with Part 2 of Art. 14.5 Code of Administrative Offenses of the Russian Federation.
If, after purchasing a product, it turns out to be of poor quality or not suitable in other respects, then the client, after writing an application, has the right to exchange it or return it back to the store.
Having agreed with the seller on an exchange, the buyer can choose a similar product. When requesting a refund, the store does not have the right to refuse the client. This is especially true when there is no analogue available for sale at the time of the applicant’s application.
Is it possible to exchange purchased products in the absence of a document proving the fact of the purchase?
The legislation carefully prescribes all the nuances that may arise in the process of interaction between the seller and the consumer. These include the precedent of exchange/return of defective products. These actions are not prohibited even if the buyer did not like the purchased item or did not fit in size, style, configuration or dimensions.
But it is possible to carry out the procedure within the time specified by the Law and in absolute integrity and safety of the presentation, factory labels and seals, i.e. the product should not be used.
According to the rules, a purchase can be returned within two weeks after purchase, and the day of its transfer to the buyer itself is not taken into account. But most customers, upon leaving the store, throw away the fiscal receipt or lose it.
They all forget that things sometimes deteriorate, break, or have manufacturing defects, and that a receipt of payment will be required to return and exchange them.
The problem arises: how to hand over substandard goods without a fiscal receipt? The Russian Federation Law “On the Protection of Consumer Rights” sided with the buyer in this issue. According to it, proof of purchase can be considered cash receipt, warranty card or barcode on the package.
But in order for the law to finally confirm the consumer’s right to return goods of inadequate quality to a store without a cash receipt, a number of other conditions must be met.
These include:
- no traces of use or operation of the purchase;
- preservation of presentation and consumer properties;
- presence of tags, labels and seals.
How to return substandard or defective goods?
Most often, it is difficult to return an item of inadequate quality back to the store, because sellers are not willing to agree to give money. Yes, and it is also problematic to prove your innocence of shortcomings that appear after purchase.
Store employees always refer to the manufacturer and invite the buyer to visit service points for an examination. It is not a fact that the expert review will make a conclusion in favor of the applicant. Otherwise, the store will have to pay the entire required amount.
It is advisable to submit a claim during the warranty period for the product. It is necessary to clarify whether it is possible to return the product without a receipt of payment due to the discovery of a defect. However, the consumer will have to find evidence that the item was purchased from that particular store.
Confirmation is provided by the warranty card and the barcode on the packaging. IN mall Usually they keep a cash register tape for 30 days, where you can find data about the transaction made in duplicate form. When purchasing defective clothing, you must return it along with tags, tags, factory packaging and labels. This is also one of the facts proving the completion of a purchase and sale transaction.
Return of quality goods
It is much easier to exchange a non-defective product than a defective one. Article 9 of the Law “On the Protection of Consumer Rights” states that the applicant is allowed, within two weeks from the date of purchase of the item, to exchange or return a quality product that does not fit in size, style, configuration, color, but has not been used, for a similar product.
But here, too, the fact of purchasing a purchase in this store must be proven if the receipt is lost. The customer should be asked to locate a duplicate check on the cash register tape held by any legal entity or individual entrepreneur within a month.
Is it possible to return or exchange products after 2 weeks?
Legislation, while protecting the rights of buyers, forces sellers to accept quality products for return or exchange within 14 days from the date of their sale. Sometimes the client cannot come to the store during this period. Then the issue is considered by the judicial authorities and only compelling reasons are taken into account.
Some stores decide to accept the product back and return the money when more than 14 days have passed from the date of purchase. But the buyer must be reasonable and should not abuse the seller’s trust. By law, the latter is not obliged to change the product after the due date.
List of goods for which the exchange procedure is not possible
However, there are exceptions to the rules when items are not accepted by stores.
These include:
- food products;
- bed and underwear;
- medicines, medical equipment, devices and instruments;
- personal care products;
- Stuffed Toys;
- non-periodical printed publications;
- complex Appliances, computers, televisions;
- building materials sold by the meter;
- cars, bicycle and motorcycle goods, trailer equipment for them;
- firearms and ammunition for them;
- jewelry from precious metals and stones.
There is an opinion that items purchased at discounts, promotions, or at reduced prices cannot be returned to the store. However, it is not. They must be accepted by the seller in the same manner as other products.
In what cases the goods cannot be exchanged
There are several conditions under which it is impossible to return a product without a receipt, even of proper quality:
- more than 14 days have passed since the date of purchase (unless the store has established longer periods, but not less);
- the item has lost its salability appearance or consumer properties;
- no evidence was found of purchasing the product in the store where the buyer applied for an exchange (fiscal receipt, warranty card, technical passport, barcode).
In the event that the product turns out to be of poor quality, which means the buyer has to pay for its repair, the seller is obliged to compensate for the losses incurred.
How can a buyer replace a purchased product if he does not have a payment document (receipt)?
When trying to return a defective item to a store, the client must write a written complaint and submit it to the seller.
The application must include the following:
- name of the store where the product was purchased;
- seller details;
- own passport data (full name, place of residence, contact numbers);
- product name, price, day and time of purchase;
- reason for return, defects and deficiencies found;
- Buyer's requirements (exchange, refund or repair):
- personal signature and date of filing the claim.
If you do not have a fiscal receipt, you must attach a warranty card, technical passport, and barcode from the packaging to your application. The client should also take a receipt from the seller that he has deposited the goods with him. This will protect the item from unexpected “loss”.
If the seller accepts the letter of complaint, but does not agree with the buyer’s arguments, then the latter has the right to send the goods for an examination, which should identify the culprit of the defect.
If the commission determines a production defect, the seller is obliged to reimburse the buyer for all expenses and exchange the goods or return the money. If the check establishes the opposite fact, i.e. If it is the fault of the buyer himself, then he will have to pay the required amount to the store for storing the goods, conducting an examination, transportation and other expenses.
In a situation where the seller does not accept the goods back and after sending him a letter of complaint, the buyer has legal right to file a claim in court. But such proceedings will require more time and financial resources.
