Second-hand goods can be exchanged. Returning second-hand clothes. Is it possible to return a product purchased in a second hand?

If in 2019 you wondered whether it is possible to return the goods back to the second-hand store and get money, read the article and find out in which cases it is possible to return the goods and how to do it.

Important!

Please note the following:

This article discusses the possibility of returning only a new product that was purchased in an offline second-hand store, if the product was purchased in an online store, then read;
goods of inadequate quality (with defects), if the breakdown was not your fault, you can almost always return it within 10 years from the date of purchase;
if the purchased product is large-sized, there are peculiarities when returning it, which can be found on;
many goods are sold remotely, with this method of sale there are significant features when returning - Article by.

So, you have purchased, but now you want to return the product in a second-hand store and there was a need to return it. Now you need to decide on the following.

The product you purchased turned out to be of poor quality for a variety of reasons, for example:

factory defect of a product (breakdown as a result of a factory defect, poorly working product);
defective coating - paint burst or cracked, there was a scratch;
individual parts and elements are faulty;
defects of a different nature that do not allow the use of the goods to the extent that it is necessary, etc.

The purchased item is serviceable, but you did not like it for any characteristics, For example:

did not like the color of the product, its shape or dimensions;
not satisfied with its design or the design of individual elements;
its size, color or equipment did not fit, etc.

In addition, you should determine whether the purchased item is included in any of the following lists:

Free legal advice on the return of goods!
Legislation is rapidly becoming outdated, and each situation is individual. Save your time and money - call the numbers below, or contact the online consultant in the lower right corner.
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In addition, you can use the search on our website for a specific product, there is probably an article about it, or contact a lawyer for free advice.

Return of quality goods - non-refundable

Return of defective goods - technically difficult

whether 15 days have passed since the delivery of the goods to you;

Important!

defective goods are technically difficult goods and special rules apply when returning them.

Return of defective goods within 15 days from the date of transfer

Important!

The type of defect and its significance in this case does not matter - you have the right to return the product with any defects that have arisen through no fault of yours, if 15 days from the date of transfer have not yet passed and the warranty period has not expired.

Free legal advice on the return of goods!
Legislation is rapidly becoming outdated, and each situation is individual. Save your time and money - call the numbers below, or contact the online consultant in the lower right corner.
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The term for the return of goods in this case is within the warranty period | ...

Refund period

The term for refunding money for goods of inadequate quality, for which the warranty period has not expired - 10 days from the date of the request | ...

store second hand | ;

general passport ();

Important!

Thus, the circumstances of the occurrence of shortcomings prove | ...

The cost of returning the goods is borne by the second-hand seller (authorized person) | ...

Step 3 | Examination of goods

Important!

Step 4 | Going to court

Step 6 | Receiving the money

refund period - 10 days from the date of the request | ;
when returning the paid amount to the buyer, the second-hand store (authorized person) is not entitled to withhold from it the amount by which the cost of the goods has decreased due to the full or partial use of the goods, the loss of their presentation or similar circumstances | ;
the buyer has the right to demand compensation for the difference between the price of the goods at the time of purchase and the price at the time of return | ;
if the goods were purchased using a consumer loan (loan), the second-hand store is obliged to return the amount paid to the consumer, as well as to reimburse the interest paid by the consumer and other payments under the consumer credit (loan) agreement | ...

Free legal advice on the return of goods!
Legislation is rapidly becoming outdated, and each situation is individual. Save your time and money - call the numbers below, or contact the online consultant in the lower right corner.
It's fast and efficient! 👇👇👇Around the clock and free!
IMPORTANT! Free consultation does not oblige you to anything!

In the event of deficiencies, you have the right to:

Important!

the disadvantage is;

The period during which you can return the goods

Refund period

To whom can the claim be presented?

The requirement to refuse to perform the contract and return the amount paid can be presented:

store second hand | ;
an authorized organization or an authorized individual entrepreneur- to persons authorized by the manufacturer (seller) to accept and satisfy the requirements of consumers in relation to goods of inadequate quality | ...

In addition, you can return goods of inadequate quality and demand a refund of the amount paid from:

Documents that you need to have with you upon presentation of the request

general passport ();
contract for the sale of goods (if any);
sales receipt or cashier's receipt, cashless payment receipt, other document certifying the fact and conditions of purchase.

Important!

The absence of a cash or sales receipt or other document certifying the fact and conditions for the purchase of goods in this case is not a reason for refusing to satisfy claims for a refund | ...

Who proves the circumstances of the deficiencies

Free legal advice on the return of goods!
Legislation is rapidly becoming outdated, and each situation is individual. Save your time and money - call the numbers below, or contact the online consultant in the lower right corner.
It's fast and efficient! 👇👇👇Around the clock and free!
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if the warranty period is set for the goods, the second-hand store (authorized person) is responsible for the defects of the goods, if it does not prove that they have arisen:

after the transfer of the goods to the consumer;
due to violation by the consumer of the rules for the use, storage or transportation of goods, actions of third parties or force majeure.

Algorithm of actions in the case when a second-hand store (authorized person) agrees to an undisputed refund

Step 1 | negotiations with the seller (authorized person)

In most cases, in order to return the product back to the second-hand store (authorized person), only your oral request is required. Many sellers are customer-oriented enough to check the obvious defects of the goods on the spot and immediately return your money.

If it doesn't, go to Step 2.

Step 2 | Submitting a claim (statement) about cancellation of the contract of sale and return of the paid amount

Step 3 | Return of defective goods

In case of refusal to fulfill the contract for the sale of goods, the second-hand store (authorized person) has the right to demand that you return the faulty goods.

The costs of returning the goods are borne by the second-hand store (authorized person) | ...

Step 4 | Getting money for a low-quality product

When receiving money, the following should be considered:

refund period - 10 days from the date of the request | ;
when returning the paid amount to the buyer, the second-hand store (authorized person) is not entitled to withhold from it the amount by which the cost of the goods has decreased due to the full or partial use of the goods, the loss of their presentation or similar circumstances | ;
the buyer has the right to demand compensation for the difference between the price of the goods at the time of purchase and the price at the time of return | ;
if the goods were purchased using a consumer loan (loan), the second-hand store is obliged to return the amount paid to the consumer, as well as to reimburse the interest paid by the consumer and other payments under the consumer credit (loan) agreement | ...

Algorithm of actions in the case when a second-hand store (authorized person) does not agree to an indisputable refund

Step 1 | Submitting a claim (statement) about cancellation of the contract of sale and return of the paid amount

Free legal advice on the return of goods!
Legislation is rapidly becoming outdated, and each situation is individual. Save your time and money - call the numbers below, or contact the online consultant in the lower right corner.
It's fast and efficient! 👇👇👇Around the clock and free!
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second-hand store (authorized person) has the right

Step 3 | Examination of goods

If, after checking the quality of the goods, the second-hand store (authorized person) believes that the reason for the defects in the goods is the consumer, then he (the second-hand store) is obliged to conduct an examination of the goods. Detailed information on the examination can be found on our website.

The examination period is 10 days from the date of the request.
The examination is carried out at the expense of the seller (another authorized person).
The consumer has the right to be present during the examination.

If the consumer does not agree with the expert opinion, he has the right to challenge it in court.

Important!

if, as a result of the examination of the goods, it is established that its shortcomings have arisen due to circumstances for which the second-hand store (authorized person) is not responsible, the consumer is obliged to reimburse him for the costs of the examination, as well as the costs associated with its carrying out of storage and transportation of the goods | ...

Step 4 | Going to court

If the second-hand seller (authorized person) did not satisfy your requirements in the pre-trial procedure, you must go to court. Going to court requires legal qualifications, so we advise you to go to professionals to handle a case in court.

Step 5 | Compulsory execution of a court decision

If the official second-hand store (authorized person) does not want to voluntarily comply with the court's decision, you have the right to your choice:

apply to the federal bailiff service of the Russian Federation, which is entrusted with the functions of compulsory execution of judicial acts;
send the executive document to the bank in which the seller (authorized person) has an account.

Step 6 | Receiving the money

When receiving money out of court, the following should be considered:

refund period - 10 days from the date of the request | ;
when returning the paid amount to the buyer, the second-hand store (authorized person) is not entitled to withhold from it the amount by which the cost of the goods has decreased due to the full or partial use of the goods, the loss of their presentation or similar circumstances | ;
the buyer has the right to demand compensation for the difference between the price of the goods at the time of purchase and the price at the time of return | ;
if the goods were purchased using a consumer loan (loan), the second-hand store is obliged to return the amount paid to the consumer, as well as to reimburse the interest paid by the consumer and other payments under the consumer credit (loan) agreement | ...

In case of a return of the amount paid for the goods in court:

the amount of the penalty is set in a court decision;
the term and procedure for the return is regulated by the legislation on enforcement proceedings.

Step 7 | Return of defective goods

In case of refusal to fulfill the contract for the sale of goods, the second-hand store (authorized person) has the right to demand from you the return of the faulty goods, if it was not provided earlier.

The costs of returning the goods are borne by the second-hand store (authorized person) | ...

Free legal advice on the return of goods!
Legislation is rapidly becoming outdated, and each situation is individual. Save your time and money - call the numbers below, or contact the online consultant in the lower right corner.
It's fast and efficient! 👇👇👇Around the clock and free!
IMPORTANT! Free consultation does not oblige you to anything!

In the event of deficiencies, you have the right to:

Important!

The type of defect and its materiality in this case is of decisive importance - you have the right to return the goods only in the following cases | :

the disadvantage is;
the deadlines for eliminating deficiencies were violated;
it was impossible to use the product during each year of the warranty period in the aggregate of more than thirty days due to the repeated elimination of its various defects.

The period during which you can return the goods

Refund period

To whom can the claim be presented?

The requirement to refuse to perform the contract and return the amount paid can be presented:

store second hand|
an authorized organization or an authorized individual entrepreneur- to persons authorized by the manufacturer (seller) to accept and satisfy the requirements of consumers in relation to goods of inadequate quality | ...

In addition, you can return goods of inadequate quality and demand a refund of the amount paid from:

Documents that you need to have with you upon presentation of the request

Who proves the circumstances of the deficiencies

Algorithm of actions in the case when a second-hand store (authorized person) agrees to an undisputed refund

Step 1 | negotiations with the seller (authorized person)

Step 2 | Submitting a claim (statement) about cancellation of the contract of sale and return of the paid amount

Step 3 | Return of defective goods

In case of refusal to fulfill the contract for the sale of goods, the second-hand store (authorized person) has the right to demand that you return the faulty goods.

Free legal advice on the return of goods!
Legislation is rapidly becoming outdated, and each situation is individual. Save your time and money - call the numbers below, or contact the online consultant in the lower right corner.
It's fast and efficient! 👇👇👇Around the clock and free!
IMPORTANT! Free consultation does not oblige you to anything!

The costs of returning the goods are borne by the second-hand store (authorized person) | ...

Step 4 | Getting money for a low-quality product

When receiving money, the following should be considered:

refund period - 10 days from the date of the request | ;
when returning the paid amount to the buyer, the second-hand store (authorized person) is not entitled to withhold from it the amount by which the cost of the goods has decreased due to the full or partial use of the goods, the loss of their presentation or similar circumstances | ;
the buyer has the right to demand compensation for the difference between the price of the goods at the time of purchase and the price at the time of return | ;
if the goods were purchased using a consumer loan (loan), the official second-hand store is obliged to return the amount paid to the consumer, as well as reimburse the interest paid by the consumer and other payments under the consumer loan (loan) agreement | ...

Step 1 | Submitting a claim (statement) about cancellation of the contract of sale and return of the paid amount

Step 2 | Checking the quality of goods

second-hand store (authorized person) is entitled to check the quality of the goods. Quality control is carried out according to the rules set out in which you will find more detailed information.

The term for quality control is 10 days from the date of the request.
Quality control is carried out at the expense of the seller (another authorized person).
The consumer has the right to participate in checking the quality of the goods.

Step 3 | Examination of goods

If the second-hand store (authorized person) believes that the reason for the defects in the goods is the consumer, then the consumer is obliged to conduct an examination of the goods in order to establish that the defects of the goods arose before it was handed over to the consumer or for reasons that arose before that moment | ...

Important!

If the examination establishes that the defects of the goods arose before it was handed over to the consumer or for reasons that arose before that moment, the authorized person is obliged to return the money paid for the examination | ...

Detailed information on the examination can be found on our website.

Step 4 | Going to court

If the second-hand store (authorized person) did not satisfy your requirements in the pre-trial procedure, you must go to court. Going to court requires legal qualifications, so we advise you to go to professionals to handle a case in court.

Step 5 | Compulsory execution of a court decision

If the second-hand store (authorized person) does not want to voluntarily comply with the court decision, you have the right to your choice:

apply to the federal bailiff service of the Russian Federation, which is entrusted with the functions of compulsory execution of judicial acts;
send the executive document to the bank in which the seller (authorized person) has an account.

In case of refusal to fulfill the contract for the sale of goods, the second-hand store (authorized person) has the right to demand that you return the faulty goods.

The costs of returning the goods are borne by the second-hand store (authorized person) | ...

Step 7 | Receiving the money

When receiving money out of court, the following should be considered:

refund period - 10 days from the date of the request | ;
when returning the paid amount to the buyer, the second-hand store (authorized person) is not entitled to withhold from it the amount by which the cost of the goods has decreased due to the full or partial use of the goods, the loss of their presentation or similar circumstances | ;
the buyer has the right to demand compensation for the difference between the price of the goods at the time of purchase and the price at the time of return | ;
if the goods were purchased using a consumer loan (loan), the second-hand store is obliged to return the amount paid to the consumer, as well as to reimburse the interest paid by the consumer and other payments under the consumer credit (loan) agreement | ...

In case of a return of the amount paid for the goods in court:

the amount of the penalty is set in a court decision;
the term and procedure for the return is regulated by the legislation on enforcement proceedings.

Return of goods after 2 years from the date of purchase

It is possible to return goods after 2 years from the date of purchase, subject to the following conditions.

The period during which you can return the goods

The term for the return of goods in this case | :

during the service life established for the product;
within 10 years from the date of transfer of the goods - If the service life is not established.

Refund period

Refund period for goods of inadequate quality after 2 years from the date of purchase - 10 days from the date of the request | ...

To whom can the claim be presented?

The claim for return can be presented:

manufacturer- a manufacturer of goods for sale to consumers | ;
an authorized organization or an authorized individual entrepreneur- to persons authorized by the manufacturer (seller) to accept and satisfy the requirements of consumers in relation to goods of inadequate quality | ;
importer- an organization that imports goods for their subsequent sale on the territory of the Russian Federation | ...

Documents that you need to have with you upon presentation of the request

Who proves the circumstances of the deficiencies

The burden of proof lies with the consumer, he himself must prove that the defects of the goods arose before it was handed over to the consumer or for reasons that arose up to that moment | ...

Algorithm of actions in the case when the authorized person agrees to the Refund

Step 1 | negotiate with an authorized person

First of all, it is advisable to contact an authorized person with an explanation of the reason for the marriage and a proposal to repair the goods.

Not very often, but it happens that the authorized person agrees to return the money even after a request for repairs.

Step 2 | Submitting a claim (statement) to an authorized person for the gratuitous elimination of product defects

Step 4 | Return of defective goods

Step 5 | Getting money for a low-quality product

When receiving money, the following should be considered:

refund period - 10 days from the date of the request | ;
when returning the paid amount to the buyer, the second-hand store (authorized person) is not entitled to withhold from it the amount by which the cost of the goods has decreased due to the full or partial use of the goods, the loss of their presentation or similar circumstances | ;
the buyer has the right to demand compensation for the difference between the price of the goods at the time of purchase and the price at the time of return | ;
if the goods were purchased using a consumer loan (loan), the second-hand store is obliged to return the amount paid to the consumer, as well as to reimburse the interest paid by the consumer and other payments under the consumer credit (loan) agreement | ...

Algorithm of actions in the case when the authorized person does not agree to the Refund

Step 1 | Submitting a claim (statement) to an authorized person for the gratuitous elimination of product defects

Step 2 | Examination of goods

If the authorized person believes that the reason for the occurrence of defects in the goods is the consumer, then the consumer is obliged to conduct an examination of the goods in order to establish that the defects in the goods arose before it was handed over to the consumer or for reasons that arose before that moment.

Step 3 | Submitting a claim (statement) for the return of the paid amount of money

Step 4 | Going to court

Step 5 | Compulsory execution of a court decision

If the second-hand seller (authorized person) does not want to voluntarily comply with the court decision, you have the right to your choice:

apply to the federal bailiff service of the Russian Federation, which is entrusted with the functions of compulsory execution of judicial acts;
send the executive document to the bank in which the seller (authorized person) has an account.

Step 6 | Return of defective goods

When making a claim for a refund of the amount paid, you are obliged to return the goods.

Step 7 | Getting money for a low-quality product

When receiving money out of court, the following should be considered:

refund period - 10 days from the date of the request | ;
when returning the paid amount to the buyer, the second-hand store (authorized person) is not entitled to withhold from it the amount by which the cost of the goods has decreased due to the full or partial use of the goods, the loss of their presentation or similar circumstances | ;
the buyer has the right to demand compensation for the difference between the price of the goods at the time of purchase and the price at the time of return | ;
if the goods were purchased using a consumer loan (loan), the second-hand store is obliged to return the amount paid to the consumer, as well as to reimburse the interest paid by the consumer and other payments under the consumer credit (loan) agreement | ...

In case of a return of the amount paid for the goods in court:

the amount of the penalty is set in a court decision;
the term and procedure for the return is regulated by the legislation on enforcement proceedings.

Return of defective goods - tp

The following circumstances are of fundamental importance when returning goods:

whether there is a warranty for the product;
if the warranty period is set, has it ended;
whether the Service Life has been set for the product;
If the service life is set, is it over.

Return of defective goods within the warranty period

In the event of deficiencies, you have the right to:

Important!

The type of defect and its significance in this case does not matter - you have the right to return the product with any defects that have arisen through no fault of yours, if the warranty period has not yet expired.

The period during which you can return the goods

The term for the return of goods in this case is within the warranty period | ...

Refund period

The term for refunding money for goods of inadequate quality, for which the warranty period has not expired - 10 days from the date of the request | ...

To whom can the claim be presented?

The requirement to refuse to perform the contract and return the amount paid can be presented:

store second hand | ;
an authorized organization or an authorized individual entrepreneur- to persons authorized by the manufacturer (seller) to accept and satisfy the requirements of consumers in relation to goods of inadequate quality | ...

In addition, you can return goods of inadequate quality and demand a refund of the amount paid from:

Documents that you need to have with you upon presentation of the request

general passport ();
contract for the sale of goods (if any);
sales receipt or cashier's receipt, cashless payment receipt, other document certifying the fact and conditions of purchase.

Important!

The absence of a cash or sales receipt or other document certifying the fact and conditions for the purchase of goods in this case is not a reason for refusing to satisfy claims for a refund | ...

Who proves the circumstances of the deficiencies

if the warranty period is set for the goods, the second-hand store (authorized person) is responsible for the defects of the goods, if it does not prove that they have arisen:

after the transfer of the goods to the consumer;
due to violation by the consumer of the rules for the use, storage or transportation of goods, actions of third parties or force majeure.

Thus, the circumstances of the occurrence of deficiencies are proved by the second-hand store (authorized person) | ...

Algorithm of actions in the case when a second-hand store (authorized person) agrees to an undisputed refund

Step 1 | negotiations with the seller (authorized person)

If it doesn't, go to Step 2.

Step 2 | Submitting a claim (statement) about cancellation of the contract of sale and return of the paid amount

Step 3 | Return of defective goods

In case of refusal to fulfill the contract for the sale of goods, the second-hand store (authorized person) has the right to demand that you return the faulty goods.

The costs of returning the goods are borne by the second-hand store (authorized person) | ...

Step 4 | Getting money for a low-quality product

When receiving money, the following should be considered:

refund period - 10 days from the date of the request | ;
when returning the paid amount to the buyer, the second-hand store (authorized person) is not entitled to withhold from it the amount by which the cost of the goods has decreased due to the full or partial use of the goods, the loss of their presentation or similar circumstances | ;
the buyer has the right to demand compensation for the difference between the price of the goods at the time of purchase and the price at the time of return | ;
if the goods were purchased using a consumer loan (loan), the second-hand store is obliged to return the amount paid to the consumer, as well as to reimburse the interest paid by the consumer and other payments under the consumer credit (loan) agreement | ...

Algorithm of actions in the case when a second-hand store (authorized person) does not agree to an indisputable refund

Step 1 | Submitting a claim (statement) about cancellation of the contract of sale and return of the paid amount

Step 3 | Examination of goods

If, after checking the quality of the goods, the second-hand store (authorized person) believes that the reason for the defects in the goods is the consumer, then he (the official second-hand store) is obliged to conduct an examination of the goods. Detailed information on the examination can be found on our website.

The examination period is 10 days from the date of the request.
The examination is carried out at the expense of the seller (another authorized person).
The consumer has the right to be present during the examination.

If the consumer does not agree with the expert opinion, he has the right to challenge it in court.

Important!

Step 4 | Going to court

Step 5 | Compulsory execution of a court decision

If the second-hand store (authorized person) does not want to voluntarily comply with the court decision, you have the right to your choice:

apply to the federal bailiff service of the Russian Federation, which is entrusted with the functions of compulsory execution of judicial acts;
send the executive document to the bank in which the seller (authorized person) has an account.

Step 6 | Receiving the money

When receiving money out of court, the following should be considered:

refund period - 10 days from the date of the request | ;
when returning the paid amount to the buyer, the second-hand store (authorized person) is not entitled to withhold from it the amount by which the cost of the goods has decreased due to the full or partial use of the goods, the loss of their presentation or similar circumstances | ;
the buyer has the right to demand compensation for the difference between the price of the goods at the time of purchase and the price at the time of return | ;
if the goods were purchased using a consumer loan (loan), the second-hand store is obliged to return the amount paid to the consumer, as well as to reimburse the interest paid by the consumer and other payments under the consumer credit (loan) agreement | ...

In case of a return of the amount paid for the goods in court:

the amount of the penalty is set in a court decision;
the term and procedure for the return is regulated by the legislation on enforcement proceedings.

Step 7 | Return of defective goods

The costs of returning the goods are borne by the second-hand store (authorized person) | ...

Return of defective goods after the expiration of the warranty period (including when the warranty has not been established), but within 2 years from the date of purchase

You can return the product even if the warranty period has already expired or has not been set.

In the event of deficiencies, you have the right to:

Important!

The type of defect and its significance in this case does not matter - you have the right to return the product with any defects that arose before the transfer of the product to the consumer or for reasons that arose up to that moment.

The period during which you can return the goods

The term for returning the goods in this case is 2 years from the date of transfer | ...

Refund period

The term of refund for goods of inadequate quality, for which the warranty period has expired (or if the warranty has not been established) - 10 days from the date of the request | ...

To whom can the claim be presented?

The requirement to refuse to perform the contract and return the amount paid can be presented:

store second hand | .
an authorized organization or an authorized individual entrepreneur- to persons authorized by the manufacturer (seller) to accept and satisfy the requirements of consumers in relation to goods of inadequate quality | ...

In addition, you can return goods of inadequate quality and demand a refund of the amount paid from:

Documents that you need to have with you upon presentation of the request

Who proves the circumstances of the deficiencies

The burden of proof lies with the consumer, he himself must prove that the defects of the goods arose before it was handed over to the consumer or for reasons that arose up to that moment | and .

Algorithm of actions in the case when a second-hand store (authorized person) agrees to an undisputed refund

Step 1 | negotiations with the seller (authorized person)

First of all, it is advisable to contact the store where you purchased the product or to any other official representative with an explanation of the reason for the marriage and a proposal for a refund.

Not very often, but it happens that the second-hand store (authorized person) in this case agrees to return the money even after a verbal demand.

Step 2 | Submitting a claim (statement) about cancellation of the contract of sale and return of the paid amount

Step 3 | Return of defective goods

In case of refusal to fulfill the contract for the sale of goods, the second-hand store (authorized person) has the right to demand that you return the faulty goods.

The costs of returning the goods are borne by the second-hand store (authorized person) | ...

Step 4 | Getting money for a low-quality product

When receiving money, the following should be considered:

refund period - 10 days from the date of the request | ;
when returning the paid amount to the buyer, the second-hand store (authorized person) is not entitled to withhold from it the amount by which the cost of the goods has decreased due to the full or partial use of the goods, the loss of their presentation or similar circumstances | ;
the buyer has the right to demand compensation for the difference between the price of the goods at the time of purchase and the price at the time of return | ;
if the goods were purchased using a consumer loan (loan), the second-hand store is obliged to return the amount paid to the consumer, as well as to reimburse the interest paid by the consumer and other payments under the consumer credit (loan) agreement | ...

Algorithm of actions in the case when the store does not agree to an indisputable refund

Step 1 | Submitting a claim (statement) about cancellation of the contract of sale and return of the paid amount

Step 2 | Checking the quality of goods

The term for quality control is 10 days from the date of the request.
Quality control is carried out at the expense of the seller (another authorized person).
The consumer has the right to participate in checking the quality of the goods.

If the second-hand store (authorized person) does not wish to carry out quality checks, proceed to Step 3.

Step 3 | Examination of goods

Many of us often buy clothes in Second Hand stores. And there are cases when the buyer needs to return the purchased item. In this regard, questions arise: can this be done and how? To answer these questions, you need to understand that Second Hand stores are a kind of a thrift store registered for an individual entrepreneur or a seller's organization. This means that, like any other store, the regulation of its activities and contractual relations between the seller and the buyer is enshrined in the general norms of the Law of the Russian Federation of 07.02.1992 N 2300-1 "On Protection of Consumer Rights" and the Rules for the sale of certain types of goods.

With this in mind, we will answer the question is it possible to exchange or return clothes to such a store?

1. Clothes of the PROPER quality, and the client's desire to return this or that item is based on a disliked style, color or size of the clothes. In such cases, the purchased item in the store cannot be exchanged for a similar product or returned, even if the 14-day period from the date of purchase has not passed and the consumer has a receipt. Clothing belongs to the list of goods of good quality, can not be exchanged or returned. The government approved such a list, namely: textiles (cotton, linen, silk, woolen and synthetic fabrics), as well as garments and knitwear (garments and knitted underwear, hosiery). In such cases, the court is NOT on the buyer's side. Fortunately, the seller himself often meets halfway and can, at his discretion, exchange the goods within 14 days or even return the money, but this is the seller's right. We recommend that you negotiate with the seller when buying, on the subject of trying on clothes, and if it does not fit, return.

2. The clothes are of INCORRECT quality and the buyer has found faults in them. In this case, the important thing is whether the seller specified these disadvantages during the sale. As a rule, the seller indicates this in writing and can make an appropriate markdown. If so, then changing clothes, alas, will not work. But if the defect was not agreed, then according to the law, within the warranty period (or up to two years from the date of purchase), the consumer has the right to ask the seller of his choice:

Require replacement for a product of the same brand (of the same model and (or) article);

Request replacement for the same product of another brand (model, article) with a corresponding recalculation of the purchase price;

Demand a commensurate reduction in the purchase price;

Demand the immediate gratuitous elimination of defects in the goods or reimbursement of expenses for their correction by the consumer or a third party;

Refuse to execute the contract of sale and demand the return of the amount paid for the goods. At the same time, the consumer has the right to demand also full compensation for losses caused to him as a result of the sale of goods of inadequate quality (Article 18 of the Law).

If the seller refuses to go to your meeting, then you need to apply with a written claim to him, and in case of refusal to go to court. But the buyer should be prepared for the fact that it will be necessary to prove the occurrence of a defect not during the operation of the clothing, but its presence during the sale. The consumer can also contact the Rospotrebnadzor department with a statement to check the seller for poor quality products.

If you do not know what to do, you need help in drawing up a claim, lawsuit or representing interests in court, our company will always find experienced professionals who will help you.

Do I have the right to return second-hand clothes?

General consumer protection rules apply. Return within 14 days. Except for certain categories of things. An exception is the purchase of clothing on the market - these rules do not apply.

ON PROTECTING CONSUMER RIGHTS
Article 28. Consumer's right to exchange and return goods of good quality

1. The consumer has the right, within fourteen days from the date of transfer of the non-food product to him, unless a longer period is announced by the seller, at the place of purchase or other places announced by the seller, to return the product of good quality or exchange it for a similar product of a different size, shape, dimension, style, color or configuration, making the necessary recalculation with the seller in the event of a price difference.
2. The consumer's demand for the exchange or return of the goods is subject to satisfaction if the goods were not in use, their consumer properties were preserved and there is evidence of its purchase from this seller.
3. The list of non-food products of good quality, not subject to exchange and return, is approved by the Government of the Republic of Belarus.
4. When the consumer returns the goods of proper quality, his demand for the return of the money paid for the goods shall be subject to satisfaction by the seller immediately. If it is not possible to satisfy the consumer's demand immediately, the maximum period for satisfying the demand may not exceed seven days. For violation of these terms, the seller pays to the consumer for each day of delay a penalty in the amount of one percent of the price of the goods on the day of its sale to the consumer.
5. Food products of proper quality cannot be exchanged or returned.
6. The requirements of this article do not apply to cases where the seller is an individual who sells goods in the framework of craft activities or sells goods on the market.

APPROVED BY
Resolution
Council of Ministers
The Republic of Belarus
June 14, 2002 N 778
(as amended
rulings
Council of Ministers
The Republic of Belarus
14.01.2009 N 26)

SCROLL
NON-FOOD PRODUCTS OF PROPER QUALITY,
NON-EXCHANGE OR REFUNDABLE

Underwear, underwear for newborns and toddlers from all types of fabrics, underwear jerseys, except for sports, items of women's toilet
Hosiery

Best regards, attorney Filanovich Irina Nikolaevna (80291454519)

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Special permission (license) for the right to practice law, issued by the Ministry of Justice of the Republic of Belarus No. 02240/2210.

Surely the consumer made a rash purchase, and later regretted the purchase. You should be prepared that employees will be very dissatisfied with the decision to return the product, but it is possible. You should be aware that funds are returned in most cases.

Can I return a purchased product to a store if I don't like it?

Going to talk with the seller, the consumer should study the ZOZPP document, where the rights of buyers are spelled out.

The document contains provisions that protect the consumer in the event of an attempt to return a product that does not like it. What actions need to be taken in this case, how to do it correctly, how long it is possible to do it.

to the store without a receipt - step by step instructions

Federal law takes care of the rights of buyers, so if you lose the check, it is possible to return the purchased purchase. You need to do the following:

check the integrity of the purchase and its appearance. The appearance of the thing must be preserved, all labels must be present, and the purchased product must be new;
go to the place of purchase with a passport and inform about the intention to make a refund, inform about the loss of the check;
since the main evidence is lost, provide another proof of purchase in a specific place: a guarantee with seals and signatures, a barcode or testimony of witnesses;
write where all information about the client and the seller is indicated.

Can I return a product to the store if it does not fit?

If, when purchasing a product, the consumer realizes that he has made a mistake, he should contact the seller. The complaint may not be about quality, but about one of the parameters. Refunds can be made, but one of these reasons must be indicated in the application.

Under no circumstances can you receive money for products from some categories. A list of them can be found in the document "On Protection of Consumer Rights", below are some of them:

medical preparations;
household appliances and electronics;
weapon;
animals;
decorations.

Can I return a product purchased with a discount?

Many stores go for marketing cheating when they hold a sale. Often in front of the counter you can see the inscription: "The goods bought at the sale are not subject to exchange and return."

The seller can reduce the price of the product if it has any defect. In this case, the site is obliged to inform about the defect. After reviewing this information and then making a purchase, you cannot make a return due to the presence of these shortcomings.

When there is a sale and the products at a reduced price are of high quality, then all actions are carried out in accordance with the normative act.

Is it possible to return a commission item to a store - return procedure

Thrift stores offer used products. Therefore, people believe that it is no longer possible to get money back. In fact, you can return them if the product is of poor quality or does not meet the specified data.

When purchasing, you need to familiarize yourself with the information about wear and possible defects in the product, and then confirm your awareness with a signature. If, within fourteen days, the client decides to return a defective product, the seller can only exchange it for an item from the same category.

Commission products, if they are of good quality, are returned in accordance with the general rules.

Can I return a product purchased on the market?

When buying products on the market, the buyer does not require a receipt and believes that it will no longer be possible to make a return. If no more than 14 days have passed since the purchase, you must follow the instructions:

first, you should contact the seller. In most cases, sellers know the rules and will return the money;
if the seller does not remember the buyer, witnesses should be brought in;
see the packaging. Tags, a price tag may remain on it - they will serve as proof of purchase;
if this did not work, you should go to the market administration and describe the problem;
write a complaint in 2 samples, which indicates that in case of violation of rights, an appeal to the court will follow.

Can I return a second-hand product?

Second-hand trading rules are similar to a thrift store. All defects of things must be indicated on the receipt and label. When buying a specific item, you should familiarize yourself with the defects and in the future you cannot receive money for it.

This is not the case if the seller has forgotten to provide information about the defect. In this case, you can return the products to second hand according to the general rules within a two-week period from the date of purchase.

Is it possible to return the goods taken on credit?

The procedure for returning a product purchased on credit is more complicated, but possible.
It is carried out if the products are defective, or one of the parameters does not suit the buyer. The consumer agreement should be consulted, which contains all the information.

The state guarantees that the entire amount will be returned, except for insurance and interest to the bank. If the purchase is returned due to a defect, the seller is obliged to pay the buyer the full amount, including interest and insurance costs.

It is not enough to resolve the issue with the seller - the agreement will need to be canceled with both the seller and the bank.

First, you need to solve the problem with the store by writing a statement, and if the products are of poor quality, you must also attach a claim to it. In return, the seller issues a product return certificate and returns the money that was paid in the store.

How to return an item purchased in an online store?

When making purchases via the Internet, the rights will be protected by the section "On Distance Selling" of the ZoZPP.

Each person can refuse the purchased products via the Internet within seven days, and you can get money for products of any category. He must keep his appearance. Disputes between a merchant and a client can be resolved by an independent examination.

The first step is to write a claim in 2 copies. The document is sent to the seller by registered mail, and if there is no response, an appeal to the court follows. You should attach a duplicate receipt and all available product documents to your complaint.

When deciding to return a product, you should behave calmly and confidently. Remember that the regulation protects your rights and you must be reimbursed in full.

This law was approved by the government of the Russian Federation back in 1998 (the last edition was adopted in 2012). In accordance with this legislative act, the buyer has the right to return the used product if, some time after the purchase, he discovered a defect that was not reported to him in the store.

According to the "Rules for the sale of certain types of goods", the store must report all the shortcomings of a used item at the time of sale. If the buyer expresses a desire to return the goods back due to a defect that was mentioned before purchase, the store has every right to refuse him. But if a defect is found, it appeared before the purchase, and it was not mentioned, it is possible to return the product.

The rules for returning goods apply to both commission stores and second-hand stores, since their activities are registered, they also pay taxes and obey all laws.

Is it realistic to return products purchased from a private person?

Buying used items by hand is very popular nowadays. The Internet is replete with ads on this topic. But it is much easier to purchase a low-quality product using Internet sites and forums. Moreover, unlike the store, there is no guarantee that it will be possible to return the goods purchased via the Internet, or your money, if necessary. The fact is that relations between individuals, which are not related to entrepreneurial activity, do not fall under the Law of the Russian Federation "On Protection of Consumer Rights".

Despite this, it cannot be said that the buyer is completely devoid of protection in such transactions. Such relations between individuals fall under the provisions of the Civil Code of the Russian Federation on Monetary Policy. According to Article 432 of the Civil Code of the Russian Federation, even an oral agreement between the parties is considered as a purchase and sale agreement.

Therefore, if a defect is discovered that the seller has forgotten or did not want to notify, the acquirer has the right (Article 475 of the Civil Code of the Russian Federation) to demand that the price of the goods be reduced in proportion to the defect, to eliminate it free of charge within the agreed period, to compensate for the elimination of the defect to the buyer, or to return the item altogether. and get your money back.

Important! If the seller refuses to cooperate, you can file a claim in court, but it will be difficult to prove the fact of the transaction without documentary confirmation. The evidence base can be the announcement of the sale and the correspondence of the participants. It is much easier to prove your case in court if you have a written MCP, but in such cases everything can usually be resolved before the trial.

What things can be returned and what cannot be returned?

When buying used goods, many are interested in the question of whether it is possible to return them back with inadequate quality. If hidden flaws are found, you can try to make a replacement (if there is a similar product) or achieve a reduction in cost.

With proper quality, in accordance with the Decree of the Government of the Russian Federation No. 55,:

personal items and personal hygiene products (comb, towel, toothbrush);
underwear and hosiery;
building materials of individual sizes;
cosmetics, perfumery, remedies for treatment;
household chemicals;
Furniture for kitchen;
jewelry (we talked about the features of the return and exchange of jewelry);
cars and spare parts for them;
cuts of fabric;
plants and animals;
various paper products (books, magazines, stationery, newspapers, calendars, etc.).

Reasons for the return and the period after purchase

If the purchased item is of proper quality, it can still be returned to the store. In this case, the thing must be suitable for further implementation and not need to be repaired. The buyer can issue a return in the following situations:

The size, color, style, material or complete set of the product did not suit the consumer. Such reasons are considered quite reasonable, the money paid is refundable.
The product does not belong to food, personal hygiene products or personal use.
There are no traces of use, the packaging is not damaged, the product can be sold (except for defects).
If the purchase receipt is preserved, it will be much easier to issue a refund, without it it is feasible, but difficult. Therefore, receipts should not be thrown away immediately after purchase.
The item can be returned subject to the return period. The state has established that 14 days are allotted for the return of goods (including the day of the transaction), the time frame can be increased only due to the warranty card.
If the time is up (it does not matter, of his own free will or due to circumstances beyond the control of the consumer, the buyer did not have time to return the product in two weeks), it will not be possible to return the product.

If all the conditions are met, there should be no problems with processing the return.

How to do it?

If, after the purchased second-hand product, a defect was discovered that the consumer was not notified of or it became necessary to return it for another reason, the following procedure should be followed.

Preparation of the purchase item and collection of evidence

In order to issue a return without any problems, you must pack the item in the same packaging in which it was purchased. Find a payment receipt that confirms the purchase (if there was one).

If the check is missing, this does not mean that the seller has the right to refuse the buyer. Evidence such as eyewitness testimony and video footage can also serve as evidence of the transaction.

In addition to the check, the consumer can present as proof a warranty card (it must have the date of the agreement and the seller's signature), a coupon for a cash receipt, a product data sheet (read how to return or exchange a technically complex product). Sometimes even the way the product is packed is enough. If the goods are bulky (for example, a wardrobe), and the movers had to pay for the services at their own expense, the store is obliged to reimburse such costs.

Contacting the store

Upon arrival at the store, you need to state the reason for the return of the goods or indicate the defect not previously specified. If the seller agrees with the consumer's decision, then the matter will remain with a small, return of the money spent. If there was a refusal to accept the used goods, an application for a return is filled out.

The Commission Trading Rules do not contain precise instructions on the return of things in proper condition, which is what entrepreneurs try to use. But with regard to goods of inadequate condition, paragraph 29 of the Government Decree No. 569 of 06.06.1998 clearly states that the consumer has the right to return the commissioned goods or demand the elimination of its defects at the expense of the seller.

So in case of refusal, a claim is written for the return of goods of inadequate quality:

This document is written in the name of the general director of the outlet, indicating the name of the store and its address.
Then the applicant indicates his data and information about the transaction (date of purchase, cost, product data).
The defect in the product is clearly described (for example, spontaneous disconnection of the phone).
Next, they set out their requirements (exchange a faulty thing for an analogue or return the money).
To show the seriousness of intentions, they refer to the legislation (you can specify Article 18 of the RFP, it indicates the rights of customers, Articles 309 and 310 of the Civil Code of the Russian Federation say that the seller must fulfill the obligations assumed, Article 503 of the Civil Code of the Russian Federation repeats the provisions of the RFP).

Article 309 of the Civil Code of the Russian Federation. General Provisions

Obligations must be performed properly in accordance with the terms of the obligation and the requirements of the law, other legal acts, and in the absence of such conditions and requirements - in accordance with customs or other usually presented requirements.

The document indicates the presence of a check (if any). All facts are presented as accurately as possible, but clearly... A sample of how to fill out a claim can be found on the Internet. Sometimes it makes sense to contact a lawyer who will help you arrange the document in such a way as to avoid repeated refusal.

The application is made in two copies, one is taken by the buyer, the second is left to the seller.

Attention! Return claims are processed within 3 days. If a positive decision is made, the money must be returned to the client within 10 days.

What if the seller refuses?

If, even after submitting the application, the store refuses to accept the product back, the buyer has the right to go to court.

How to make a statement of claim?

The claim is drawn up in accordance with the legal provisions in writing. It prescribes:

the name of the judicial authority;
information about the participants in the process (passport data, phone numbers, addresses);
the circumstances due to which the rights of the plaintiff were violated are clearly stated;
indicate the facts proving the guilt of the defendant, if there is a DCT, indicate the violated conditions;
the price of the statement of claim, the calculation of the amount to be recovered;
the claims of the injured party;
list of applications.

What should be attached to the claim?

The appendix to the claim contains:

a copy of the pre-trial claim;
a sales receipt or other documents confirming the purchase of a used product in this store;
3 copies of the statement of claim;
a receipt for payment of the state duty.

Where to serve?

The choice of court depends on the amount of the claim price: they turn to the district court if the cost of the goods exceeds 50,000 rubles, to the world court - if the price of the claim is below 50,000 rubles. A similar statement can be sent to a judicial institution:

at the place of residence or location of the plaintiff;
at the place where the transaction was concluded and carried out;
at the location of the outlet or the place of residence of the seller (if he is an individual entrepreneur).

Reference. The document can be submitted to the office in person, sent by registered mail or through an authorized person (with a document confirming his right to submit).

How much is the state duty?

If the cost of the claim is less than 1,000,000 rubles, the consumer has the right not to pay the state duty. The amount of state duty for a claim over 1,000,000 rubles is calculated in accordance with clause 1 of clause 1 of article 333 of the Tax Code of the Russian Federation and clause 3 of article 333.36 of the Tax Code of the Russian Federation.

According to clause 3 of article 333.36 of the Tax Code of the Russian Federation, the consumer pays the state duty in the amount calculated in accordance with the specified paragraph and reduced by the amount of the state duty payable at a claim price of 1,000,000 rubles.

An example of calculating the tax for a consumer with a claim price of 1,105,800 rubles:

The duty for a claim is 1,105,800 rubles. = 13,200 + (1105,800 - 1,000,000) x 0.5% = 13,200 + 529 = 13,729 rubles.
The duty for a claim is 1,000,000 rubles. = 5200 + (1,000,000 - 200,000) x 1% = 5200 + 8000 = 13,200 rubles.
State duty for the consumer = 13729 - 13200 = 529 rubles.

How long does it take to process documents?

The decision whether to accept a claim for proceedings is made within five working days from the date of its filing. If no complicating circumstances arise, the district court considers such cases and makes a decision two months in advance. The World Court considers such claims in one month.

Despite the fact that used items show signs of deterioration, this does not mean that the buyer should take all defects for granted. If the seller did not indicate at the time of the transaction all the shortcomings and defects of the goods, the store is obliged to compensate the client for the money spent when the client applies for a return or payment for the repair of this defect.