Payment and delivery

How to return a quality product purchased online

The first thing to note is that a buyer’s rights to return quality goods do not apply to goods made to order by that buyer. You can not refuse a quality product if it has individual properties and can be used only by you. For example, it can be some specific clothing, sewn just for you, for your dimensions and non-standard needs. It can be some detail, a yacht or a ship, shoes, jewelry, anything that is made to your individual order and that the seller will be difficult to sell to another buyer.

In accordance with Article 26.1 of the Law on Protection of Consumer Rights, you can return a quality product at any time before its transfer to the buyer and within seven days after its transfer. That is, let’s say you have already been sent the goods, it is on the way to your city or even the courier comes to your house and calls on the phone to warn you about his arrival. Despite this, until you are not handed the goods in your hands and you have not accepted it, you can at any time from this product to refuse, that is, change your mind about buying it. And no matter what the seller says, you have every right to do so. If the seller says that in case of refusal you lose some money, or that the right to the goods has passed from the moment of payment, or that you are obliged to accept the goods sent to you – do not believe it. They are trying to mislead you. Until you have accepted the goods, i.e. received them and agreed to accept them, you can reject them without explanation, whether they are of good quality or not.

If you have already accepted the goods, you have seven days to reject them. And for this you do not need to look for defects in it. During this period, you have the right to refuse anything you bought online. However, there are nuances here too:

Anything you buy online has a seven-day waiting period.

1. You can return the goods of suitable quality only if you have preserved its appearance, properties and there is a document confirming the fact and conditions of purchase of the goods. Although, the absence of this document in itself does not prevent you to refer to other evidence of the purchase of goods from the seller, such as e-mail correspondence. E-mails are also evidence, if necessary, they can be notarized and then presented as evidence of the transaction, including in court.

2. It is impossible to return quality goods, referred to technically complex goods in accordance with the Decree of the Government of the Russian Federation from November 10, 2011 № 924.

After you reject the item, the seller must refund your money if you have already paid it. However, the seller may deduct the cost of shipping the returned item from this amount. The seller must give you your money back within ten days from the time you notify him that you have canceled the purchase. Therefore, by the way, we recommend that you refuse the goods not over the phone, but in writing, so that in case of what, for example, if you have to resolve the case in court, you had proof that you really refused the goods, and that it was done in the appropriate time. To prepare a written statement you can use our forms at the link. By the way, please note that if the goods cannot be returned and the case goes to court, in any case you will need to follow the claim settlement procedure.

How to return substandard goods

If the goods have defects, then there is no dependence on how exactly it was bought, via the Internet or in a regular store. In this case, you can use Articles 18 – 24 of the Law on Protection of Consumer Rights. In particular, in accordance with these norms, in case of detection of defects in the goods, the buyer can:

• Swap the product for another, the same brand.
• Exchange the product for another, different brand. The price in this case will be recalculated.
• Reduce the value of the goods, taking into account the identified defects.
• Correct defects at the expense of the seller or the manufacturer.
• Return the goods to the seller and receive the money paid for them.

In addition, the buyer can claim compensation for losses incurred due to the fact that the goods are substandard. For example, in connection with the fact that because of the low-quality thing disrupted the holiday or vacation of the buyer. Or, caused harm to the health of the buyer in connection with the use of low-quality or incorrect goods. Or because other property of the buyer has been damaged due to the use of the faulty product.

Also, if the seller violates the ten-day deadline for refund or price reduction and damages or other terms, the seller must pay a penalty for each day of delay in the amount of one percent of the price of the goods. Moreover, if the seller persists and you have to use professional consumer protection in court, the seller can also be charged a fine of fifty percent of the price of the goods.

The important thing for the buyer in the situation with the return of substandard goods is the following. The seller is very likely to refuse to fulfill the requirements of the buyer for the reason that there are allegedly no defects, or because they are allegedly caused by the buyer. And in this regard, will claim that the buyer must do the examination and prove that the goods are not defective. You should not give in to pressure. The seller (manufacturer) must do an examination of the goods at its own expense. Moreover, to do the examination and fulfill all the requirements of the buyer, he must in the terms defined by law – within the same ten days from the date of submission of the claim by the buyer. The buyer, if desired, can be present during the examination and control it. The results of the examination can be challenged in court.

If it turns out that the defects occurred through no fault of the seller or the manufacturer, the buyer will have to compensate him for the cost of expertise, as well as the cost of transportation of goods and storage.