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2024 Author: Malcolm Clapton | [email protected]. Last modified: 2023-12-17 03:44
Buying an item from an online store is quick and easy, but what about a return? If everything is clear with offline retail outlets (you came, had a fight, if necessary, and returned the goods), then with sites whose database is located in another city, the return process looks more complicated.
In fact, it is quite easy to hand over goods to an online store, especially if you know the legal framework and strictly follow all the rules.
The rules for placing a purchase in an online shop are spelled out in the Law of the Russian Federation "On Protection of Consumer Rights". Article 26.1, which is called "Remote way of selling goods", defines the norms for the sale of products that each online store must comply with (the original text can be read here):
1. The seller is obliged to provide catalogs, brochures, photos, videos - everything through which you can show you the goods on the site. After that, you conclude a sales contract with him.
2. Before closing the deal, the seller must tell you:
- about the product and its properties;
- the location of the seller (provide the address);
- about the name of the company;
- on the cost and conditions of purchase;
- about service life and shelf life;
- about the guarantee;
- about payment methods;
- about the time for the conclusion of the contract.
As a rule, all this information is posted on the site. If not, you can refer to the law and demand that you provide the necessary information.
3. Along with the product, information about it in writing must be delivered. A complete list of information with which you should be familiar can be found in article 10.
4. After receiving the package, you can return it within a week.
If the purchased product has not yet been handed over to you, you can refuse it at any time.
Please note: if there was no paper in the parcel indicating the order and terms of return, you can send the order back within three months
Inattentive sellers only benefit from legally illiterate buyers.
Of course, you can return the product only if you keep it intact … It should look and work as it did after purchase. You must also have a document that proves that you purchased the product in a particular store under certain conditions.
The fact of purchase can be proved in another way. After receiving the order, do not throw away the invoice, packaging (it is absolutely necessary if you will send the goods back) and payment checks.
You can even take a screenshot of the online store page, which has the rules for selling and returning, and a screenshot of your personal account with the purchase. This can help if the case goes to court.
Items that have been custom-made or made according to your parameters cannot be returned if they do not have any flaws.
If you abandoned the goods, the online store is obliged to return the amount paid under the contract (the seller's shipping costs are not paid to you). The money will come no later than 10 daysfrom the moment of filing the application.
5. If you have been sold a product with defects, you can exchange it for another (high-quality or suitable in size) within two weeks. Of course, you need to keep the proper form of the purchase, all the labels, seals and sales receipt.
Within a week from the moment you demanded to replace the product, the online store is obliged to do this. If the seller wants to conduct an examination, the replacement period is increased to 20 days. If he just has nothing to change the goods for due to the lack of products in the warehouse, you will have to wait a month.
At the end of the first paragraph, it is written that if the seller can make a replacement only after 8 days or more, then three days after the request, he is obliged to provide you with the same product for temporary use.
You can see the rest of the provisions and rules regarding the return and payment procedure in Articles 18-24 of the Law of the Russian Federation "On Protection of Consumer Rights".
If we are talking about Ukrainian legislation, you will have to read the Law of Ukraine "On the Protection of Consumer Rights", more precisely, two articles from the second section: No. 12 "Consumer rights in case of concluding an agreement outside retail or office premises" and No. 13 "Consumer rights in case of conclusion agreements at a distance ".
How to deal with discounts?
If you bought a product at a discount, on sale or for a promotion, it can be returned or exchanged in the same way if the quality is disappointing.
The seller can immediately warn you of defects by explaining the reduced price. Then it is worth asking to draw up a list of shortcomings in writing so that there are no unpleasant surprises.
If, in addition to the listed defects, you find something else, feel free to take your purchase to the store.
How to return an item
So, you received something completely different from what you wanted, and you decided to return the product. First of all, call the online store and tell them what is wrong. Better, of course, to re-read in advance to make sure you are right.
Scare the seller with legal literacy and, if he does not agree, say the magic word "Rospotrebnadzor". Should help.
If the manager says that you have no right to return the purchase (tights or lingerie), know that this is a fraud. For offline stores, there really is a list of goods that cannot be returned, but it does not apply to online stores. So you can return everything, the main thing is that you do not wear it or use it.
So, if the conversation with the seller was unproductive, make a written return request (see an example) and send it by registered mail with a receipt acknowledgment. Do not forget to attach the necessary documents (a copy of the receipt, warranty card and technical passport).
What to do if expertise is required
If you claim that the product is of poor quality, and the seller does not agree with you, he may require an examination. You don't have to give money. Tell the seller the day and hour when you can transfer the purchase, and he will already send the goods for examination and pay for it.
If the online store does not agree to return the money, although you did everything right, do not be discouraged. The longer he pulls, the more he will pay in the end. ZoZPP RF states that violation of Articles 20-22, as well as failure to comply or delay in meeting the requirements of the consumer, will cost an unscrupulous seller 1% of the price of the goods for each day of delay.
So, if you have kept the presentation of the purchase, packaging, all documents and filed a demand on time, and you do not agree to return the goods, go to court - the law is on your side.
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