How to return an item if the receipt is lost. Features of returning goods to the store without a receipt, how to behave, the correct preparation of a claim and an application

The current legislation of the Russian Federation provides the consumer with the right to return the purchased goods to the seller, subject to certain conditions. Such return conditions do not include the obligatory presentation by the buyer of a sales or cash receipt, as well as another document confirming payment for the goods (see paragraph 1, paragraph 5, article 18, paragraph 3, paragraph 1, article 25 of the Law of the Russian Federation "On the protection rights of consumers” dated 07.02.1992 No. 2300-I (hereinafter referred to as ZZPP).

The law enforcement officer explains: the fact that the specified documentation is not presented to the seller, manufacturer, authorized organization or individual entrepreneur, importer is not considered a basis for refusing to satisfy the buyer's requirements (see clause 43 of the resolution of the plenum of the Armed Forces of the Russian Federation "On the consideration of civil cases by courts ..." dated 06/28/2012 No. 17).

P. 5 Art. 18, paragraph 1 of Art. 25 ZZPP, as well as the provisions of art. 493 part 2 of the Civil Code of the Russian Federation of January 26, 1996 No. 14-FZ establishes the following rule: the consumer, in the absence of checks confirming the fact of purchase, has the right to refer to witness testimony.

If the purchase was made remotely (for example, via the Internet, etc.), and the payment was made by any of the legal methods of non-cash or electronic payments, the fact of the purchase is confirmed, including:

• bank account statements that record the relevant transaction indicating the recipient of the amount of money;
• electronic order of the buyer on the transfer of funds to a specific recipient with a mark of the payment system operator or bank on execution, etc.

Depending on the specific situation, other written evidence of the fact of the transaction and the actual circumstances of a particular case may be taken into account (for example, the ruling of the Arkhangelsk Regional Court dated April 25, 2016 in case No. 33-1200-2016).

Testimony when returning goods without a receipt

When returning goods (as well as when requesting a return cash paid for an improperly provided service) as witnesses to the fact of a purchase and sale transaction may be:

• the buyer's companions in whose presence the purchase was made;
• the seller or other employees of the organization that sold the goods;
• other persons.

The required number of witnesses is not regulated by law.

In the absence of written evidence and testimonies of the purchase of goods, the court will most likely be forced to refuse to reimburse the cost of the goods sold (for example, the ruling of the Samara Regional Court dated April 22, 2016 in case No. 33-4888/2016).

However, it should be noted that the presence of testimonies in itself is not yet indisputable evidence of the conclusion between the parties of the contract of sale and is subject to legal assessment by the court. The latter, at the same time, may recognize the information received from witnesses as inadequate evidence (for example, the decision of the Engels District Court Saratov region dated April 29, 2016 in case No. 2-1-3145/2016).

In fairness, it should be noted that the presented checks are not always considered proper evidence, taking into account the actual circumstances of the case (see the ruling of the Moscow Regional Court dated 04/06/2016 in case No. 33-9126 / 2016).

Exchange of good quality goods without a receipt

The buyer is entitled, even in the absence of a sales receipt, to exchange goods of good quality for a similar product from the seller, if the purchased goods turned out to be unsuitable in shape, dimensions, style, color, size or configuration (clause 1, article 25 of the RFP). In this case, the following conditions must be met:

• No more than 14 days have passed since the purchase.
• The specified product was not used by the buyer, its presentation, consumer characteristics have not changed, seals and factory labels have been preserved. At the same time, the buyer must have evidence that the goods were purchased from this seller(in this case, this may be, for example, a witness statement or the presentation of another written document of purchase, etc.).
• The exchange of such goods is not prohibited by law (see Decree of the Government of the Russian Federation of January 19, 1998 No. 55). This issue is discussed in more detail in the article "Rules of sale certain types goods in 2015.

Separately, we note that the current Russian legislation does not provide for the exchange of food products of good quality (see also the clarification of the Consumer Association Penza region from 11/14/2008). You can return or exchange purchased food products only if they turned out to be of inadequate quality (expired, unsuitable for consumption due to improper storage, etc.).

Algorithm of actions of the buyer when exchanging goods of good quality

The buyer wishing to make the specified exchange must perform the following steps:

• Fill out the application form for the exchange of goods in the name of an authorized person on the part of the seller. Such a document is drawn up in 2 copies, 1 of which, with a mark of acceptance by the seller, remains with the buyer in the future.
• Submit 1 copy of the application to the selling organization. If the seller requires a copy of the passport to be attached to the application, the buyer may refuse to do so, since such an obligation is not regulated by law. In this case, the seller needs a copy of the identity document to reflect the transaction when maintaining accounting if the return was not made on the day of purchase.

If these actions were performed, as well as all the conditions regulated by paragraph 1 of Art. 25 of the RFP, the seller exchanges the goods. If such an exchange is not possible, the seller returns the amount paid to the buyer. The deadline for satisfying such a requirement of the buyer is 3 days from the date of return of the goods (clause 2, article 25 of the RFP).

Return of goods of inadequate quality in the absence of a receipt

If defects are found in the purchased goods that were not indicated by the seller during the sale, the buyer may demand the return of the money paid for such goods (clause 1, article 18 of the RFP).

Important! In a situation where the buyer wants to return the goods of good quality, the law speaks specifically of the exchange of such goods for a similar one, and only if such an exchange is impossible, the seller will return the money. If the quality of the goods does not meet the established requirements, the buyer is entitled to immediately choose any of the options proposed in paragraph 1 of Art. 18 ZZPP.

The general algorithm of the buyer's actions is similar to that indicated in the previous section of the article.

In a situation where disputes arise about the cause of the origin of the defects of the returned goods, a special examination is carried out. By default, such a procedure is paid by the seller, however, if it is found that the defects of the goods were due to the fault of the buyer, the latter must reimburse the seller for the costs of the examination and the associated costs of transporting the goods (clause 5, article 18 of the RFPP).

Can I return a discounted item without a receipt?

In itself, the fact of a markdown of a product, its sale at a discount is not a reason for the seller's refusal to exchange this product or return money for it.

When selling a discounted product that does not meet the usual quality, the seller must indicate in writing the shortcomings due to which the product was discounted (for example, the ruling of the Khabarovsk Regional Court dated October 30, 2013 in case No. 33-7013 / 2013). Subsequently, the seller is not obliged to accept claims for these shortcomings.

However, if after the purchase other defects were found that were not indicated by the seller, the buyer is entitled to return such goods (of course, if the defects arose through no fault of the buyer, see the decision of the Supreme Court of the Republic of Bashkortostan dated July 22, 2014 in case No. 33-9444 / 2014).

The goods purchased at a discount or markdown can be returned by the buyer, depending on the reasons for the return according to the rules:

• or Art. eighteen;
• or Art. 25 ZZPP.

In both cases, the absence of a check is not a reason for refusing to satisfy the buyer's requirements.

If the seller points out the impossibility of returning the goods that were sold at a discount, i.e., as knowingly of poor quality, the buyer must appeal to the following: the seller must sell the buyer products whose quality corresponds to the contract (clause 1, article 4 of the RFP).

Return of goods without a receipt: to help the seller

From the seller's point of view, when returning the goods, the presentation of the buyer's passport is necessary for the accountant to issue an expense order in the form KO-2, approved by the Decree of the State Statistics Committee of the Russian Federation of August 18, 1998 No. 88. However, there are no norms obliging the buyer to present an identity document. Accordingly, it is in the interests of the seller to decide this question through negotiations.

If the buyer cannot also present a cash receipt, the seller has the right to return the goods sold in the retail using a cash register, for the purposes of tax accounting, record in the purchase book the details of cash debit orders issued to the buyer when returning the money.

Wherein:

• the seller must have documents that can confirm the acceptance and registration of such goods;
• registration of the details of the consumable is carried out on the date of acceptance for accounting of the returned goods (see letters of the Federal Tax Service of Russia dated May 14, 2013 No. ED-4-3 / [email protected], the Ministry of Finance of Russia dated 03.08.2012 No. 03-07-09 / 107, dated 03.19.2013 No. 03-07-15 / 8473).

So, return of goods without receipt legally possible. This rule applies equally to goods of good quality and goods with defects. To prove the fact of buying goods from this particular seller, the buyer can refer to the testimony. Other written documents may also be used to confirm given fact. The court may also take into account other circumstances of a particular case (the behavior of the seller, the established practice of interaction between the seller and buyers, etc.).

Most people know that when purchasing a product, you need to take care of the safety of the cash receipt. However, in life there are different situations: sometimes the payment document is lost or the buyer simply forgets to take it in the store. There is nothing to worry about if the thing fits the consumer and works properly. long years. But what to do if everything is not so good? Is it possible to return a product without a receipt to the store if it turned out to be defective or simply did not fit the consumer?

With such a question, citizens most often turn to paid legal advisers or lawyers, because in order to understand the legislation on your own, you need to spend more than one evening. However, the services of these specialists are very expensive and require an appointment.

Free help is a great solution. professional lawyer, which will gladly suggest a solution to all problems at any time of the day.

It is enough to briefly describe your situation in the box at the bottom of the page and the consultant on duty will respond within a few minutes.

If the buyer purchased the item, but it did not suit him according to certain criteria, the Consumer Rights Protection Law (hereinafter referred to as the Law) provides the opportunity to return the product to the store even if there are no documents confirming payment, for example, a receipt. To do this, you must contact the seller from whom this product was purchased within two weeks, not counting the day of purchase. However, the right of citizens to return a quality item without documents can be exercised subject to certain conditions:

• the product has retained its original appearance;
• All company labels and patches are included.
• the buyer did not use the goods;
• products have not lost their consumer properties.

Before accepting an item back, store employees check it for compliance with all the listed requirements. Most of them ignore the law and require a check. Meanwhile, Article 25 of the Law gives the buyer the right to return the goods back to the seller without this document.

Options for the delivery of products without a check:

• Use of any document confirming payment and terms of purchase (tear-off coupon, sales receipt, cash receipt).
• Provision of documents containing information about the manufacturer of the goods, its seller.
• Provision of containers, branded packaging, indicating the purchase of a thing in a particular shopping center (for example, a branded package).
• Witness testimony. This method is most often resorted to if the buyer does not have a single document. A witness can be either a citizen who accompanied the consumer on the day of purchase, or an outsider - for example, a store clerk who worked on the day the item was purchased. However important condition the use of this method is the desire of the witness to help the buyer and confirm his words. Therefore, before attracting a person in this capacity, you should enlist his support.

The procedure for acceptance by the store of products of good quality

It is necessary to visit the store where the buyer purchased the goods. You need to talk with the employee directly responsible for the exchange and return of products (administrator, director). It is necessary to briefly describe the situation, be sure to mention that all documents for the thing are lost.

Options for the development of events:

• The seller offers to fill out an application for the loss of a check and present an identity document. Despite the fact that the legislation does not contain rules that oblige the buyer to present a passport in this situation, in the vast majority of stores such a procedure applies, since it is necessary for accounting. If, nevertheless, the buyer insists on accepting the application without a passport, the seller has no legal reasons for refusal. It's just that the negotiation process itself will take much longer and require nerves of steel.
• The seller does not ask for a check, but checks the cash register for the day the purchase was made, finding a second copy of the check. If the buyer tells a lie, the fraud is instantly exposed.
• The use of testimonies if a store employee refuses to acknowledge the fact of purchasing an item at this outlet in the absence of all payment documents.
• The most unfavorable option is that the seller insists that he should not take the thing back if all the papers confirming the purchase are lost. This practice is widespread not in large stores, but in individual entrepreneurs in clothing markets and malls. In such a situation, the buyer independently draws up the text of the application, indicating the following information:
  • details of the seller (full name of the individual entrepreneur, name of the organization) - they can be found at the information stand, but if it is not there, then any consumer can request them from the store employee;
  • surname, name, patronymic, phone number and other contact details of the buyer;
  • the circumstances of the acquisition of the goods (when, where, the cost of the thing);
  • the reason for the return (the size, color, style, etc. did not fit);
  • details of the payment document (if any);
  • the buyer's requirement for a refund for the purchased item, its exchange for a similar or different characteristics (at the choice of the consumer);
  • date, signature with decoding;
  • signature on receipt of an application from an authorized employee of the store.

If all these conditions are met, the seller is obliged to fulfill the requirement of the citizen contained in the application. If this does not happen, you should visit the territorial consumer protection authority, which will assess the situation, conduct additional checks regarding the activities of the seller and help decide on further actions.

General information about the return of products of inadequate quality

Many citizens do not know whether it is possible to return the goods without a receipt to the store, if during the operation it turned out that it turned out to be of poor quality.

According to the law, this is possible, and the consumer must indicate one of the following requirements in the application:

• replacement for a thing with the same code or for a similar product with a recalculation of the cost;
• refund in full;
• decrease in the value of the item in proportion to the defect;
• elimination of marriage by the technical service of the seller and at his expense;
• compensation of the buyer's money expenses required to eliminate the marriage, made on their own or with the help of third parties licensed for this activity.

The absence of a receipt is not a legal reason for refusing to satisfy the legitimate claims of the consumer. It can be replaced by a sales receipt or any document that allows you to establish the fact of purchasing a thing at a particular outlet. If they are absent, the testimony of witnesses will become important evidence of the purchase of goods.

Any claims for the return of goods without a receipt must be sent strictly before the expiration of the warranty period. If it is not prescribed by the manufacturer, then a reasonable period is the basis for the calculation. Reasonable, from the point of view of civil law, is a period that includes two years from the date of sale of the goods.

The procedure for the seller to accept goods of inadequate quality

Any appeal to the seller must be made in writing. In this situation, the buyer draws up a claim with the following information:

• Full name of the seller, full name of his head. It is important to remember that the store name is not a registered name legal entity, therefore, it is necessary to study the information corner of the outlet and find out in whose name the document should be drawn up.
• Your last name, first name, patronymic, passport details, residential address, contact phone number, email address. The more communication methods the buyer indicates, the more evidence for the court he acquires if the store does not respond to his application.
• The essence of the claim. It is necessary to write what exactly was purchased (name of the thing, manufacturer, article), when, for how much, the nature of the shortcomings and the circumstances of their occurrence. If there is a document that can confirm the conditions for making a purchase, you should specify its details. If all the papers for the thing are missing, a note is made in the claim that the receipt is lost. The only evidence of the correctness of the buyer in this case will be the words of the witness, information about which is entered into the document. Any person who was present at the time of purchase of the goods and who has a desire to confirm the position of the consumer can become a witness.
• A specific requirement of a citizen, associated either with the acceptance of defective products and the payment of money, or with the repair of a thing and the elimination of marriage.
• It is very important to indicate a certain period during which the store management is obliged to give a written response to the buyer. Otherwise, the seller has the right not to respond to the buyer's request within 30 days.
• Signature with transcript, date of compilation.

The claim is made in 2 copies, one of which must be signed by an authorized person (for example, a director) on receipt.

The Consumer Rights Protection Law gives citizens of the Russian Federation certain rights, but not every consumer decides to use them. Did you know that the goods can be returned to the store even without a receipt? How and when this can be done is detailed in our article.

Elena

I made an order for the manufacture of built-in wardrobe elements: a side wall and a sliding system. The order was made and delivered, but when it was unloaded, it turned out that the doors of the sliding system were half a meter smaller than required. Accordingly, I did not accept the order, I made a note in the accompanying documents: the doors are smaller required size, signed. The fact that I did not accept the order in full, along with quality parts, I consulted by phone with the manager of the company by phone. She told me that tomorrow they will call me and tell me when the order will be corrected. There was no call. A day later I called back to find out the status of the order. I was told that I need to write a complaint so that the issue can be resolved. By e-mail wrote a complaint. It turned out that the claim is considered within 10 working days. I am still waiting for a decision. It's been 11 days since the delivery of the order and the rejection of it. I'm worried about the next moment - I lost the documents (contract and payment receipt). Could this be a problem in conflict resolution? The contractor has all the data on the order and payment in the database. In addition, I was informed that I had paid extra money. Most likely, this is where the solution lies. I ordered doors 2530mm, and in the documents received by the manufacturer (workshop) there is a size of 2053mm. Most likely for these 477 mm I got an overpayment. Any advice on how to resolve the issue? thanks in advance for your reply

Sergey (senior lawyer)

Hello, Elena! In accordance with Art. 29 of the Consumer Rights Protection Act, if significant deficiencies are identified, you have the right to withdraw from the contract and demand the return of the amount paid. In accordance with Art. 31 of the consumer protection law Your claim must be considered within 10 calendar days. Therefore, in the current situation, it is time for you to write statement of claim to court.

Natalia

Good afternoon. Bought an Oral-B electric toothbrush online. It turned out to be defective, not working. 14 days have not passed. They refuse to return the money due to the fact that this is a hygiene product. Is the refusal valid?

Sergey (senior lawyer)

Hello, Natalia! Based on Art. 18 of the law on the protection of consumer rights within 14 days after the purchase of a technically complex product, if defects were found in it, the consumer has the right to return this product (absolutely any product) and demand a refund. Therefore, you were denied completely wrongfully.

Sergey

Hello, I have a question, I work in the retail industry. The customer came and said he wanted to return the product. I say no problem. May I have your check? There is no check! We brought the store WITHOUT A CHECK NO REFUND OR EXCHANGE, the boss says "maybe he bought it elsewhere and wants to return this product to us without a receipt, or even worse, he bought it cheaper, but it costs more with us, he received more money than necessary." Why else do we not have cameras, and there is no sales accounting What exactly we sold, we do not store sales receipts, we do not remember the client ourselves What to do in this case, how to be

Sergey (senior lawyer)

Hello Sergey! According to the law on the protection of consumer rights, the absence of a receipt is not a basis for refusing to satisfy the buyer's claim. Ask him to provide other evidence that he bought the goods from you. If there is no such evidence, then you can refuse the person in his demand to return the goods.

Elena

Good afternoon! I am a store clerk building materials, such a question a man bought in the fall in October 2018 cement "Portland cement grade 500" - 4 bags filled the base on the house, said that now the base was crumbling. On February 2, 2019, he came to us with a claim that we give him money for cement, there is no check, what our actions he threatened with the police.

Sergey (senior lawyer)

Hello, Elena! There are no grounds for a refund for several reasons. Firstly, there is no guarantee period for cement, therefore, in order to meet the requirements of the consumer, he himself must prove that it was the cement that was of poor quality. Secondly, there is no evidence in the man's appeal that it was the cement that was of poor quality, and not, for example, that he violated construction rules. Therefore, refuse verbal claims, and if a man sends a written claim, give a written answer in accordance with the law.

Oleg

Good afternoon! Tell me, the client bought a phone from me, he is trying to return it. The purchase was. But he is trying to give me a phone with IMEI which I did not purchase. He does not present a sales receipt, although I definitely wrote it out. Threaten to sue, what to do?

Sergey (senior lawyer)

Hello Oleg! Point out to him that he is giving away a different phone, and not the one he bought. If you are sure that you are right, then you should not be afraid of the court. It is possible that you are dealing with a scammer who buys a normal phone, and then returns a faulty other phone under the guise of a just bought one. So you can scare him with the police.

elsa

I bought a sausage, at home I found that the expiration date had already expired like 3 days, unfortunately I didn’t take the check. Can it be returned back?

Sergey (senior lawyer)

Hello! Since there are claims regarding the quality of the goods, you can, on the basis of Art. 18 of the Consumer Protection Act return the product and request an exchange or refund. At the same time, the provision of a cash receipt is not mandatory, the fact of purchase can be proved in other ways.

Tatiana

Good day. Tell me, they bought a blouse for a child, it turned out to be small. By the time they began to try on, the label was cut off. As a result, the jacket is not the right size, the label is saved, but cut off, there is no receipt. Do we have the right to return funds or exchange goods for another?

Sergey (senior lawyer)

Hello, Tatyana! Unfortunately, in accordance with applicable law, the exchange of goods of good quality requires the preservation of labels. Therefore, the seller may, on completely legal grounds, refuse to satisfy your demand.

Hello, I bought a jacket, they didn’t give a receipt, the label was cut off in order to go in it. I left the store, got into the car, came home, took a closer look, the jacket is large, size L because I have S. I didn’t wear the jacket anymore, only one day passed after the purchase. Is it possible to return the goods?

Sergey (senior lawyer)

Hello Dasha! The exchange of goods for another, if it does not fit in size, can be carried out provided that the presentation and labels are preserved. And since there are no labels, the seller can legally refuse to exchange goods.

Tatiana

I bought products in the Magnit supermarket, among them I also bought two packs of kefir (Producer First Taste). The expiry date is 12/30/18. But today, December 27, I found that the packaging was swollen. I put it in the fridge as soon as I brought it home. Didn't save the receipt as expected. I think I'll take it back and exchange it for a quality product. Can they answer me in the store that this is due to improper storage, they say, it’s my own fault. And how to be guided in order to exchange the goods or return the money?

IMG_4962.JPG

Sergey (senior lawyer)

Hello, Tatyana! Of course they can answer. But you have consumer protection laws on your side. In particular, you can invoke in defense of your rights Art. 18 of the Consumer Protection Act.

Vladislav

Hello. Please tell me about this issue: I bought soft slippers at a fair in St. Petersburg today as a gift for my girlfriend, but they did not match in color. Slippers themselves were not worn, there are no stains or damage on them. But they didn’t give me a sales receipt, just slippers without labels and a price tag in a branded bag with the manufacturer’s website. Everything is saved. The fair itself is located on the territory of a large Mega shopping center with cameras. I had two people with me who can act as witnesses. Also on the site, I found that the slippers are two times cheaper than what the seller sold me. Can I return the product and my money?

large_Kidadndy-Venda-Chinelos-De-Pel_uacute.jpg

Sergey (senior lawyer)

Hello Vladislav! Since no defects were identified in the goods, you, in accordance with Art. 25 of the Law on the Protection of Consumer Rights, you have the right only to exchange goods for another product, but of a different style, color, etc. You are entitled to a refund only if the seller does not have the desired product.

Svetlana

hello, we bought a floor cabinet instead of a corner kitchen cabinet. a month ago. we lost the check. do we have a chance to change it.

Sergey (senior lawyer)

Hello Svetlana! You had the right to change the product within 14 days. Since this period has already expired, you can only exchange goods due to a manufacturing defect.

Larima

Hello! I bought a curling iron in a store, a month passed, it stopped working for me, I threw out the check along with the box. I contacted this store asking for an exchange or refund. They refused me referring to the fact that there is no box. How can I return a broken curling iron?

Sergey (senior lawyer)

Hello! The refusal is unlawful, since you applied in connection with the breakdown of the goods. You need to write a formal complaint to the store, and in case of refusal, go to court with a claim for consumer protection.

Irina

Hello! I want to return the pants, the return period has not passed yet, but I threw away the check. The store refuses to accept returns without a statement from witnesses. Is it legal?

Sergey (senior lawyer)

Hello Irina! The requirement is legitimate, since the law on the protection of consumer rights says that when exchanging goods of good quality, a cash or sales receipt for the purchase of goods must be presented. If there is no check, then the consumer can refer to the testimony. Therefore, it is better to issue the testimony of witnesses in writing.

Diana

Hello. A question. We bought a phone for a child, until they were allowed to use it, since there is neither glass nor a case. The phone died after a few days. After charging, the phone does not turn on. They took it to a familiar master, he said that it was better to return it. But there is no check. Is it possible to return without a receipt? And what you need to do? The phone is not under warranty.

Sergey (senior lawyer)

Hello Diana! It is strange why there is no guarantee if the phone was bought new. But if the phone is not new and there is no warranty, then you can return the goods in accordance with the terms of the contract concluded with the seller. Also in accordance with Art. 18 of the Consumer Protection Act, when returning goods that have defects, it is not necessary to present a receipt. The fact of purchase from a particular seller can be established in other ways.

Elena

Hello! I bought a leather jacket a month ago. Today I discovered that under one of the sleeves it was torn. I can't find the check. Can I return it to the store?

Sergey (senior lawyer)

Hello, Elena! According to Art. 18 of the Law on the Protection of Consumer Rights, the absence of a cash or sales receipt or other document certifying the fact and conditions of the purchase of goods by the consumer is not a basis for refusing to satisfy his requirements. Other evidence may be presented as proof of the purchase of the goods. The seller can check on their electronic databases the fact of purchase of the jacket at the time specified by you.

Sergey

Hello. I bought a low-quality product in the Kirovsky store about a month ago. Yesterday opened and found a marriage. The check was not preserved, the store manager for this reason refuses to return-exchange the goods. How to act in this situation and defend your rights?

Sergey (senior lawyer)

Hello Sergey! According to Art. 18 of the Law on the Protection of Consumer Rights, the absence of a cash or sales receipt or other document certifying the fact and conditions of the purchase of goods by the consumer is not a basis for refusing to satisfy his requirements. The fact and conditions of the purchase of goods can be confirmed by other evidence. You need to write a formal claim, and in case of refusal to satisfy it, go to court with a lawsuit.

Sergey (senior lawyer)

Hello Xenia! Since you are under the age of 14, you can only make small household transactions or transactions on the disposal of money provided by your parents. With this in mind, you will most likely be denied an exchange of a backpack, as this is a large purchase and the presence of a parent is required.

Kseniya

Hello! I bought a backpack with my mother, but I didn’t like it. Can I exchange goods without a passport? I don’t have a receipt and 14 days have not passed since the date of purchase.

Nataliya

Good afternoon! I bought sneakers, I want to make a return due to the fact that the size did not fit. Sneakers were not in use, there is a receipt for the purchase. But there is no tag on the sneakers, apparently it was torn off when they removed the magnetic protection and did not put it in my bag with the rest of my purchases. Can I be denied a return if this price tag is missing? Thank you! 14 days have not yet passed.

Sergey (senior lawyer)

Hello Natalia! They may refuse, since a return is possible while maintaining the presentation. And without the tag, the presentation is lost. But it's worth a try, maybe they'll help you.

Sergey (senior lawyer)

Hello Marina! Unfortunately not, as the statutory 14 day period has passed. If there are no complaints about the quality of the goods, then it will not be possible to return the form.

MARINA

Hello! My son is a cadet. Four years in a row I bought him a cadet uniform in the same store. The store is local, they sew and sell themselves. I bought my son a cadet uniform this year as well. Today on parent meeting the form has been cancelled. Didn't save the check. A month has passed. Form with tags. Can I return the product to the store.

Dmitry

Good afternoon! The following situation happened: after half a year of classes in a sports club, the club closed without warning, the network club closed, only one division out of 8 closed. The administration declares that without a check that I lost half a year has passed, I do not intend to return the money. It is clear that this is illegal, but what should be my actions so that justice will prevail? Thanks in advance for your help!

Sergey (senior lawyer)

Hello Dmitry! The procedure here is standard: sending a written claim with your requirements, and in case of refusal - sending a statement of claim.

Elizabeth

Hello. I bought a case for mobile phone, but he did not fit the phone in shape, and a week later I took him back to the store. They refused to return the money to me, and they took the cover for sale, about which they gave me a receipt. And now, for two months, no one has been buying a cover, and the seller flatly refuses to return the money. The check has already been lost. there is only a receipt for the goods accepted for sale. Please tell me what should I do and can I get my money back?

Sergey (senior lawyer)

Hello Elizabeth! By law, you were not required to return the money. You were only entitled to exchange goods of good quality. Therefore, require the provision of another cover that would fit.

Irina

Good afternoon! We contacted the store with a problem with a product under warranty. The purchase was made on 01/14/2018 The HIPER EasyGuard children's smart watch is black, the cash receipt is lost, but the payment was made by bank transfer, as evidenced by the bank statement and SMS notification of the bank about payment. The store manager consulted about the possibility of accepting the goods for repair over the phone, after which he restored the sales receipt No. 305710 dated January 14, 2018 in the amount of 3490 rubles. But when scanning the IMEI code, the program reported that such goods were not purchased or sold in Svyaznoy. I was told that I did not buy this watch in this store. The IMEI is not listed on the sales receipt. I contacted the Svyaznoy support service with this question, sent a photo of the packaging with the codes, the answer came: the fact that our Company purchased and sold the gadget was not confirmed. How should I proceed? These watches were bought in this store. So I was sold a counterfeit product?

Sergey (senior lawyer)

Hello Irina! You need to look for witnesses to the purchase of goods in a particular store. In addition, in the bank statement you can find out the place of the transaction. Therefore, carefully study the payment documents you have, as well as the site of the liaison for the availability of such a product at such a price. After that, you can write a claim.

Svetlana

Good afternoon, is it possible to return the goods without a cash register? the latter was not given, referring to some problems. These are clothes. Thank you.

Sergey (senior lawyer)

Hello Svetlana! By law, you can return the goods, if there are grounds for this, even in the absence of a sales or cash receipt. Therefore, if you have statutory grounds for returning the goods, then feel free to return.

Good afternoon. Bought a clothes dryer. They paid by card. At home they found a defect - a broken rib. I've already thrown away the receipt and packaging. Tell me how to return or exchange the dryer? 14 days have not yet passed. The price was at a discount, sale. Do I need to immediately file a claim, if so, what and how should I indicate in it? Thanks in advance!

Sergey (senior lawyer)

Hello Nina! You just need to go to the store and point out the defect first. In case of refusal to replace the goods or return the money, you must write a claim indicating all the circumstances of the case and the wording of your specific requirements. Also, the claim must be accompanied by evidence of the purchase of a dryer in a particular store, this can be a printout of a check from a bank.

Anton

Hello, I bought a part in an Auto store, the price is 3200r, I came to the Auto Center to install the part and the master told me that the part was defective and needed to be changed, but I didn’t take the check in the store, or rather they didn’t even give it to me, tell me what to do?

Sergey (senior lawyer)

Hello Anton! Go to the store and exchange the defective product for another or demand a refund. If you refuse to do this, you should write a written claim, and then go to court. To justify the purchase of the part in a particular store, you can attach printouts of receipts if the payment was made by bank card.

Natalia

Hello, tell me, please, they returned the costume for the child to the store, it didn’t fit in size. We made a return statement, they said to come for the money in three days. This application was lost, and now the store does not return the money without this application. How to proceed? Bought for cash. SMS about debiting from the card is.

Sergey (senior lawyer)

Hello, Natalia! You can try to reapply. It makes sense to consult with the store employees about the most acceptable option for resolving the situation. Must go along.

Evgeniy

Hello. Please advise on this matter. I bought three spinning rods in the store at the same price of 2.5t.r. for every. Bought a year ago and now it's time to go fishing. Two spinning rods worked well, and the third one broke during the first cast at the junction of the knees along the fibers, which, in principle, indicates a marriage. Of course, there is no check for this time. I looked in their store for a similar one, but there are slightly different characteristics and the price has already soared to 3.5t.r. I bought spinning with my wife, only she can confirm. The question is whether it is possible to somehow exchange this low-quality spinning for another one or return the money. I repeat, the check has been gone for a long time, and what date I bought and in what month I don’t even remember ...

Sergey (senior lawyer)

Hello Eugene! First you need to deal with the question of how long the warranty period was set for spinning rods. If this period has passed, then you can make claims in connection with a defective product only when you can prove that there was a manufacturing defect. Therefore, you will most likely have to conduct an examination to determine the cause of the breakdown of the spinning rod and only after that contact the seller with a demand for the return of goods and money.

Vladimir

I bought underwear in the store, it does not match the size on the tag, when I contacted the store again, the seller refused to exchange it because there was no check, what can I do next

Sergey (senior lawyer)

Hello Vladimir! The absence of a receipt is not grounds for refusing to satisfy the consumer's claim. You need to write a claim to the seller, to which attach documents confirming the fact of buying goods from this particular seller, for example, an SMS screen about buying with a card, testimonies of witnesses, etc. If you refuse to satisfy the claim, you must go to court.

Tatiana

Good afternoon! Husband bought a guitar for his son. At home, I found chips on the fretboard, plus the strings sounded bad when clamped on the first fret. For some reason they didn’t give me a check in the store, they gave me a discount card as a gift. Payment was in cash. Can we request a refund for an item? found another store with a better product, we want to buy a guitar there. The purchase period is one day, the goods are not damaged.

Sergey (senior lawyer)

Hello, Tatyana! If there are no defects on the product, then you can only demand an exchange for another similar product. Refunds are allowed only in exceptional cases when the store does not have a similar product.

Karina

Good afternoon, I made a return on May 2, they didn’t give me a check, when I already left the store, seeing that they didn’t give me a return check, I returned to the seller, asking for a check, she couldn’t find it and promised that the money would be returned to for several days, almost 3 weeks have passed, the money has not come

Sergey (senior lawyer)

Hello Karina! Try contacting your bank for clarification. Also, the seller must have the technical ability to duplicate the receipt from the cash register memory.

Novel

Hello, I bought an engine for a walk-behind tractor, at home, during a qualitative inspection of the goods, I found that most likely it was a fake, the parts did not fit clearly, cheap plastic and connections, I compared it on the Internet with an official dealer, etc. Can I return this product based on these arguments, and only now realized that they didn’t give me a check either. Thank you!

Sergey (senior lawyer)

Hello Roman! If 14 days have not passed since the date of purchase, then you have the right to return the product and exchange it for another.

Tatiana

Sergey, the thing I bought is a house dress, so it is written on the label. I hope the dressing gowns of the dress do not fall under the category of "non-returnable" goods? The problem is that when paying for the goods with a certificate, they didn’t break the cashier’s check at all, the seller girl just made some kind of entry in a notebook. How to return money? How to prove that the goods were bought in this store?

Sergey (senior lawyer)

By law, you have the right not to a refund, but to replace the product with another one, but with a different style, color, etc. And only in the absence of the proper product, you can return the money.

Tatiana

Hello! I was given a certificate with which I purchased the item. The seller didn't break the receipt. At home, I realized that I simply do not need this item and I want to return it to its presentation and the tags are saved. 14 days have not passed since the purchase. There were no witnesses to the purchase. What articles to refer to in case of refusal to return money? Where, to whom and how to write a claim if it comes to this?

Sergey (senior lawyer)

Hello, Tatyana! To establish the possibility of returning a thing, you need to know what kind of thing it is, since according to the law there are categories of goods that cannot be returned at all within 14 days, except in cases of manufacturing defects.

Irina

Good afternoon. Please advise. For a birthday on April 15, 2018, a child was presented with 2 identical Lego set, and everything would be fine, but my son already has one. And of course, he is not interested in 3 identical robots. Since these are gifts, there are no checks. The children who gave them are son's classmates, but we do not communicate closely with their parents and calling them with a question about the check and where and when they bought the sets would be very incorrect. Is it possible to exchange these sets in one of the Lego stores, for those that my son does not have without a receipt, without knowing the specific store where the goods were bought and without knowing the date of purchase? Those. gifts, as it were, and as if they were not

Sergey (senior lawyer)

Hello Irina! There is no such possibility under the law. Returns can only be made by the person who bought them. Moreover, you will not be able to confirm the fact of purchase in a particular store and within a specific time period, on which the possibility of returning goods within 14 days depends.

Elena

14.02.17 a short coat was purchased, however, in the process of wearing, namely in the spring of 2018, it became noticeable that the fabric rolled up very strongly and on the quilted details, a heater rolled up through the stitches. The discount card that was handed out in the store and the price tags for the goods have been preserved. Can I return the goods due to inadequate quality, the price is not small for such a "miracle" - 9800?

Sergey (senior lawyer)

Hello, Elena! If the warranty period for the product has not expired, then you can return it under warranty. If the warranty period has expired, then you can return the coat within two years after purchase, if you prove that the identified deficiencies arose through the fault of the manufacturer or seller, which will require an examination.

Galina

Hello! On April 12, I bought stilettos for myself, tried them on before buying, it seemed to be normal .. The next day I put it on at work, but I could only walk for half an hour .. A terribly uncomfortable boot-leg rises with a stake, a feeling of severe pain, plus everything on the inside on the seam a small knot, which not only scratches and causes discomfort, but also tears the pantyhose ... I didn’t keep the receipt, because I was absolutely sure that I would be happy to wear shoes .. But I kept the box, wrapper, spare heels on heels... At purchase promised a guarantee of 90 days. Can I return an item without a receipt?

Sergey (senior lawyer)

Hello Galina! By law, you have the right to return the product within 14 days, even simply due to the fact that it did not suit you. The absence of a receipt is not grounds for refusal, as modern technical means the seller allows him to establish exactly when and what exactly was bought.

Julia

Hello! On April 7, a girl purchased facial cosmetics in our store, before buying she said that she had sensitive skin, the seller consulted her and offered several options for products, the girl made the final choice herself. On April 13, the girl brought two purchased used products, saying that she had dermatitis and our cosmetics had harmed her health. Payment was at the terminal, she did not have a cash register and a check from the terminal. Cosmetics expire in 2019 and 2020, labels on packages with complete information about the goods are present, as well as there are quality certificates. The girl demands a refund or an exchange for another product. How can we be in this situation?

Sergey (senior lawyer)

Hello Julia! Intolerance to cosmetics by a specific person cannot be attributed to the shortcomings of the goods, for which the seller is responsible. Also, cosmetics cannot be returned and exchanged for another product due to the direct prohibition of the law. Therefore, there is no basis for satisfying the client's requirements. She must prove that it was the cosmetics purchased from you that harmed her health.

Alexandra

Good afternoon. I bought a precious jewelry 4-5 months ago, today the clasp on the earring broke. Can I get a refund? There is no cash receipt, but payment was made by card, so you can find proof of purchase

Sergey (senior lawyer)

Hello Alexandra! If the product is under warranty, then, provided that the clasp is broken due to a manufacturing defect, you should have your jewelry repaired free of charge.

Alexander

Good day on February 23, they presented wireless headphones, today on March 21 they stopped turning on, there are no mechanical damages. No receipt, purchase was the same day. Can I get a replacement or product warranty? Many thanks in advance for your reply

Sergey (senior lawyer)

Hello, Alexander! You have a full range of consumer rights in connection with low-quality goods, even in the absence of a receipt. You need to inform the store of the date of purchase and, if possible, present the packaging of the goods to verify the exact time of purchase, and you can also use witness testimony.

Pauline

Hello, have you bought ceramic dishes in a hypermarket, and we want to return, because when they brought it home, they found that it smells rather, even, it stinks of some kind of chemistry. We cannot find the receipt, but the labels from the pots have been preserved. How to be? Has the 14 day period from the date of purchase expired yet?

Sergey (senior lawyer)

Hello Polina! You can return the goods without a receipt, you must accept. It will be very good if you can confirm the fact of purchase with witness testimony, and you can also tell exactly when this product was purchased. Instead of these pots, you will have to choose another similar product.

Ludmila

Hello. I was in a jewelry store and bought a pendant. Returning home, I discovered the absence of the main element on it, a large rhinestone. The pendant was sold in a bag, the rhinestone was not found.

Sergey (senior lawyer)

Hello Lyudmila! Write a claim, in case of refusal, you have to go to court. You can also file a complaint with the CPS.

Vladimir

The LED lamps I bought on January 12 and 18, 2017 in the amount of 338 rubles were hardly exchanged for new ones with the same characteristics. Thanks in advance

Sergey (senior lawyer)

Hello Vladimir! You can write a claim and then go to court. You can also write a complaint to Rospotrebnadzor.

Irina

Good afternoon, February 23 made a purchase in a hypermarket. Bought front door, the consultant assured us that it does not matter which side the door handle is on, that it fits in the dimensions that we provided him. The door didn't fit. We want to return the door, but the problem is that the packaging is broken. a cardboard box in which the door itself was, and unfortunately the check was lost. Is it possible to return the purchase without a receipt and packaging of the goods ??? I will be grateful for a quick reply

Sergey (senior lawyer)

Hello Irina! Yes, you can. In the absence of a check, you can refer to the testimony as confirmation of the purchase of the door from this particular seller. But with damage to the packaging, problems may arise, since the law requires the preservation of the presentation when exchanging goods of good quality.

inna

whether the buyer is obliged to present a cash receipt when returning goods that do not match the ordered color and size, if the goods were paid for in the store with a card through the terminal. If the seller demands to return the cash receipt for the purchased goods, does he have the right to do so, if not, indicate which law to refer to in the claim and the article number.

Sergey (senior lawyer)

Hello Inna! Is not obliged to. You can refer to Part 5 of Art. 18 Consumer Protection Law.

Svetlana

Hello! A tablet case was purchased from the M video store. It did not fit, the factory packaging is preserved, the case was not used. Can we refund money for it? We can’t find the receipt, but there is a detail in the personal account of the M video that this case was purchased model, receipt number, date. The site states that they provide a refund or exchange of goods of good quality, if it doesn’t fit, it’s the lack of a check that interests us in our case. Thanks in advance.

Sergey (senior lawyer)

Hello Svetlana! By law, in this case, you can only exchange the product for a similar one. Refunds can only be made in the absence of a suitable product for the consumer. But the absence of a check cannot be an obstacle to limiting the exercise of consumer rights.

Maria

Good afternoon! I bought a down jacket in the market, they did not issue a check. The clasp broke after a week of use. The store said that they would not return the money, as the product was worn. How should you proceed?

Sergey (senior lawyer)

Hello Maria! The procedure is already established: write a claim, then go to court. Also, in parallel, you can write a complaint to Rospotrebnadzor.

Oksana

Hello! I bought boots in Basque on January 26, 2018, 15 days passed, I didn’t wear a new one. The model doesn’t fit. I couldn’t return it on time, I was away. I came to the store in 15 days and didn’t return it.

Sergey (senior lawyer)

Hello Oksana! You missed the 14-day legal deadline for returning a product of good quality. So it can't be returned. Now, if any defects are revealed, then it will be possible to return the goods.

Oksana

02/07/2018 I bought boots in the store, that is, three days ago. Check is there but damaged. I took the boots for two days, on the very first day the tape glued to the heel "departed" on the heel, it got wet and the tape swelled along the wetting seam. In general, product defect. There is a witness to the purchase. Will the store refund my money?

Sergey (senior lawyer)

Hello Oksana! You are entitled to a refund.

Elizabeth

My boyfriend gave me a hair dryer, the purchase was paid for with a card, can I return the hair dryer to the store without a receipt? and if so, how to do it and the money will be returned in cash or transferred to the card?

Sergey (senior lawyer)

Hello Elizabeth! You can return the hair dryer if there are grounds for this, provided for by law. If there are such grounds, then the hair dryer is obliged to accept and are obliged to fulfill your requirements provided for by law. To confirm the purchase, you can use the testimony of your young man, other documentary evidence, for example, a printout of a personal account in an online store. Refunds are made in any way at the discretion of the seller.

Veronica

On January 4, 18, they bought a phone for the child, he himself saved up, which made the delivery more offensive by courier to the house. By the way, the courier called her husband several times before delivery, met with our grandmother downstairs, who also arrived just at that time. My husband has a delivery message on his phone. On the evening of 01/14/19, the phone simply turned off, and to this day it does not turn on. no external defects have appeared on the phone during this time. we can’t find the contract documents, the guarantor and the check, we searched the whole house ... do we have a chance to return the goods of inadequate quality? what should be referenced in the store? We are planning to go there today.

Sergey (senior lawyer)

Hello Veronica! There is a chance, since the seller is obliged to accept the goods even without a receipt. The buyer, in confirmation of the fact of purchase, may refer to other evidence, except for the receipt. These can be witness statements, SMS messages, other documents, etc. When communicating with sellers, refer to Part 5 of Art. 18 of the Consumer Protection Act.

Veronica

Sergey, thanks for the reply. Of course, I prepared ... but the seller was ready to make a refund. I called the management to approve this case, the management refused, citing the lack of a WARRANTY card! references to the law, which is right in the same room flaunting on the stand, do not bother them much. Management said no. SMS from the courier does not interest them, this is not proof. It is useless to write statements there, because. some boy signs on the application, they do not stamp. go to court. how to deal with these? I only have a photo of the documentation from the stand, which is located in their premises. geolocation is also marked, well, at least, proof that we were there

Sergey (senior lawyer)

Then write a claim, and then to the court with the recovery of all fines and sanctions prescribed by law for refusing to satisfy the consumer's demand.

Love

On December 26, 2017, we bought a down jacket for our son at dawn, 3 days ago I began to notice down on the jacket, now the down is shedding a nightmare, it’s not possible to wear it, because the child’s body colitises, complains. The check is lost if you return the goods and ask witnesses how many should there be? Bought for my husband and I

Sergey (senior lawyer)

Hello Love! The laws do not say anywhere how many witnesses should be. In general, it does not say that it is necessary to involve witnesses to confirm the fact of the purchase. The seller is obliged even without a receipt to accept the defective goods and fulfill the requirements of the consumer. To confirm the fact of purchase, the seller himself can check the relevant information in his databases.

Dmitry

Hello! Two days ago, we bought 20 kg of chum salmon in a fish store, only 7 pieces in a briquette. Upon arrival home, the meat of this fish is dull pink in color and has a characteristic rotten smell. In general, the check, as always, was not preserved, one fish was butchered, 6 pieces of fish remained. Are we eligible for a refund? Thanks

Sergey (senior lawyer)

Hello Dmitry! Yes, you have. Even without a check, poor-quality goods must be accepted and offered a refund or exchange of goods for a similar one. But you need to be prepared for the fact that you will be asked to confirm with some other evidence the fact of purchasing fish in the store where you return the fish.

Larisa

On December 31, 2017, the child was presented with a gift for a children's electric car. The purchase was made in the store " Children's World". During the holidays, the donor lost the check. The purchase price was about 9000 rubles. This gift is not suitable for the child's age, size and weight. You could return this product or exchange it for others without a check, and there were no witnesses from the buyer's side.

Sergey (senior lawyer)

Hello Larisa! Yes, you can. The seller must check the fact of the purchase against his database. In your case, you can only count on the exchange of goods, but with other characteristics, provided that the presentation and gift packaging are preserved.

Kristina

Hello! I work as a salesperson at LEGO, a woman came to my shift and asked me to change the set for her, I asked for a receipt in order to see what day the goods were purchased and whether we had it, she said that there was no receipt because the set was presented for N .G, I asked her to call and find out the date of the purchased set, they told me the dates, I started checking for the 29th, 30th, 31st. On none of these days, a set purchase was made, what should I do in such cases ???

Sergey (senior lawyer)

Hello Christina! You must ask the buyer to provide any evidence of the purchase of goods in your store, as well as check other dates on the computer.

Liana

I bought a jacket in a pulbira, did not wear it. Initially, it was without a tag in the store, well, I bought it, respectively, without a tag. At home, I checked it well, the lock sticks strongly and the seams are not in the best possible shape. But they said they could return it. But we lost the check. At the same time, the phone has proof of payment for this product in the store and the same date. Will they return?

Sergey (senior lawyer)

Hello! Under the consumer protection law, you have the right to enjoy all the rights even without presenting a receipt. The seller is obliged to fulfill his obligations if the buyer can confirm the fact of purchase with other evidence. Therefore, in your case, there are grounds for refusing to satisfy your requirements.

Tatiana

Hello! On 12/27/17 I bought a phone case for my friend’s birthday, or they didn’t give me a check, or I lost it and found out that my friend’s phone had changed accordingly, so I want to return the goods and get my money. The product is unused, in packaging, presentation preserved. Will my money be returned?

Sergey (senior lawyer)

Hello, Tatyana! Unfortunately, your money will not be returned. In accordance with the law on the protection of consumer rights, you are only entitled to the exchange of goods that did not fit you in style, color, etc. If the item was defective, then you would be entitled to a refund.

Alexander

Hello. I bought winter national shoes in September, they gave me a sales receipt with the seal of the individual entrepreneur. Closer to the season I began to use it, it became clear that the shoes got wet from the snow. The check was not saved. How to return an item.

Sergey (senior lawyer)

Hello, Alexander! By law, you do not need to provide a receipt to return an item. The fact of the purchase can be confirmed by other evidence. Therefore, feel free to go to the seller and demand a refund. In case of refusal - write a claim, and then - to the court.

Andrew

I bought an LED flashlight on the market today, it turned out that it doesn’t hold a battery charge at all. Naturally, they didn’t give me a check on the market and there wasn’t any confirmation that the goods were taken at this outlet, they don’t change the goods and don’t return the money. What should I do in this situation?

Sergey (senior lawyer)

Hello Andrey! To begin with, you need to try to prove the fact of purchasing a flashlight in this particular outlet, for example, through testimonies. If this is not possible or sellers on the market still ignore your requirements, you can contact Rospotrebnadzor about the fact of violation of consumer rights. Another option is to file a written claim against the seller.

Ludmila

Good day. Can you please tell me if it is possible to make a return on the same day using a copy of the check?

Sergey (senior lawyer)

Hello Lyudmila! By law, the consumer may not present a receipt at all when returning and exchanging goods. If you have a copy of the check, then they cannot refuse to return you if there are all other grounds provided for by law. But still it is better, to save time and nerves, to present the original check.

Lidia Alekseeva

Bought through the online store washing machine brought 08/04/2017. today water flowed in the door. The cash receipt that was brought upon delivery was lost. I called to service center they say that without a receipt I can't prove that I bought from them. What to do???

Without a check: the main nuances of the issue

When buying a thing in a store that is subsequently not suitable for certain reasons, the consumer has the right to return it to the place of purchase. In this case, it is necessary to write an application, after which the seller must provide a refund of the funds paid for the purchase. If the buyer intends to exchange the goods for a similar product that will be more suitable for the characteristics, then he also has every right to do so.

Will the item be exchanged without a receipt? This question is often asked by buyers. Forgetful consumers either lose receipts or are thrown away, and most leave the store after paying for the goods. It should immediately be noted that You can change the goods without a check, but for this you need to comply with a number of certain conditions. These include:

• non-use of the purchased goods;
• preservation of its marketable appearance and consumer qualities;
• presence of labels and labels of the manufacturer.

Will the item be exchanged without a receipt?

In the event that for some reason the purchased item does not suit you, in accordance with the law on, you have the right to return or exchange it within fourteen days from the date of purchase. So, if you do not have a cash or sales receipt, then you can present any other document that confirms the presence of payment.

For example, it can be a receipt, an instruction manual, a technical passport, which is drawn up in accordance with all the rules. In addition, you can present other documents received at this outlet and containing information about the full name of the seller, the cost of the product, as well as its name. Without a check, you can change the goods, but you need to present certain evidence. Their role can also be the container or packaging in which the product was located.

There are also several other options with which you can exchange or return goods without a cash receipt:

• refer to the testimony of witnesses. This requires confirmation of at least two people who were present at the time of purchase of the item near the cash register. The presence of witnesses, as a rule, is a rare method of proof, because if someone was at the cash desk, then it is almost impossible to contact them after that;
• show photos or videos. For example, if the store is under video surveillance, then the footage can be used for your own purposes as evidence of a purchase.

Thus, it is possible to exchange goods without a receipt. Of course, for most stores, the absence of a cash receipt is a reason for refusing to exchange or return a product. However, each consumer should have an idea of ​​what rights he has. You can learn more about them if consult a lawyer. A professional specialist in the field of jurisprudence will be able to answer all questions.

The Law of the Russian Federation on consumer protection gives its citizens a lot of rights and protects their interests. But on different reasons not every buyer decides to exercise his rights. And, by the way, it is quite possible to return the goods to the store even without a receipt. How and in what cases this is possible, you will learn from this article.

From the point of view of the law in the territory of the Russian Federation, the buyer can return the purchase to the store if he considers that the product does not suit him and he will not use it. Or he can exchange his product for a new one, more suitable for his requirements.

To start the return procedure, the buyer needs to write an application demanding a return and transfer it to the store, attaching a cash receipt.

Why is it necessary to keep the payment document (receipt) for some time after the purchase?

The cash receipt will be direct proof of purchase in this particular store. This means that if a situation arises with a desire to return a purchase, the check will be the main proof that the goods were purchased in this particular store.

However, a cash receipt is not the only evidence that can confirm the fact of a purchase in a particular store. There is a group of other documents with similar capabilities.

Important! If the seller insists on providing a cash receipt for the return of the product, then his demand is not legal.

There are also situations when the buyer himself needs a cash receipt in order to draw up a report on his expenses and purchases, and have a fixed confirmation of his cash spending.

How is a check usually used in trading?

Law Russian Federation obliges individual entrepreneurs when selling their products, goods consumer goods use cash registers, that is, cash registers.

Then, during the transaction, the same check is given to the buyer. It always has its own definite clear structure, form. So it is - the primary accounting document on paper.

Important! The seller is obliged to issue a cashier's check, since it is the check that ensures accurate accounting of money in the framework of trade settlements.

The main details in the cashier's check:

1. full name of the product and its price;
2. serial number of the check;
3. official data of the seller. This also includes TIN, registration certificate number;
4. KKM number assigned at the factory;
5. legal address where the cash register is registered;
6. property of the tax regime and so on.

In addition to the above details, there may be other types of information on the check, for example, some kind of advertising. This is not prohibited by law. If, for some reason, the details are not printed clearly enough on the check, then the work of the cash register stops.

The clarity and readability of information on cash receipts is very important because:

1. Allows the buyer, no doubt, to prove that the goods were purchased from this particular seller.
2. Allows the tax authorities to control the activities of the seller. Namely, it allows you to see compliance with the rules of trade, and cash transactions, the correct handling of finances. Same way tax office can exercise control over the amount of revenue at a certain point in time.

If violations of legal norms related to the issuance of a check are detected, then the seller may be punished with a fine. If earlier he was not involved in such violations, then only a warning.

Is it possible to return the purchased goods, provided that the buyer has lost the receipt for it?

The general rules for returning products with a cash receipt are familiar to many consumers. But situations are not uncommon when the buyer did not receive his check, or simply lost it.

You can find out what to do in this case and what are the legal ways to return the goods without a check in the following material.

Legal grounds for returning a purchased product

Buying goods in a store always involves paying for the product for the price set by the seller. In turn, the seller must issue a receipt, which confirms the fact of payment of the entire amount for the purchase. In legal slang, this check is called a formalized document. It is proof that the transaction has been completed, and also generates legal consequences for both parties.

Conditions for the return of a purchase, enshrined in general rules Law of the Russian Federation on consumer protection:

• The item has not been used and is in mint condition
• The purchase has all the main consumer qualities and properties preserved
• The product has all the symbols that allow you to identify the manufacturer or seller. We are talking about labels, seals, labels and so on.
• There is a document that confirms the payment for the purchase, in other words, a check.

If all the above points are met, then within 14 days, the buyer can easily unnecessary problems can return the purchase to the seller. The countdown day starts from the next day after the purchase of the goods.

AT modern society most stores, sales centers and retail outlets are equipped with cash registers, each purchase is accompanied by a receipt.

But in practice, very often ordinary people it is not possible to save this document, and sellers also sometimes sin by forgetting to give receipts for payment for goods into the hands of buyers.

The procedure for returning purchased products if the consumer does not have a document confirming the fact of purchase

Is it possible to return the goods to the seller without a receipt?

Yes, our law allows you to make a return in this situation. The absence of a check does not deprive our citizens of the right to a refund for the purchase. To do this, you just need to comply with all other conditions for a return.

Forms confirming the purchase and sale transaction are enshrined in Article 25 of the Law.

• Cash checks.
• Commodity checks.
• Other documents that can confirm that the item was paid for. These can be various forms or receipts that can indirectly and / or directly confirm the fact of the payment. For example, credit orders, receipts, tear-off coupons.

In addition, along with the product, buyers often receive various auxiliary and accompanying documents. For example, a product passport, instructions for use, user manual, warranty card, and the like.

If such forms contain information about the seller, the date of the purchase or the price of the product, then according to the law of the Russian Federation, they may well be used as evidence of the transaction.

It often happens that even factory or branded packaging already contains data about the outlet and the cost of the goods. This can be very helpful for problem situations with the return of the product to the seller.

There is another way to confirm that the purchase was made in this particular store. It's about testimonies. Usually such testimony is used already during the trial.

Witness testimony can also help even at the stages of pre-trial proceedings, especially when they are representatives of the store. To start the return procedure, the buyer must contact the seller from whom he made the purchase.

This application must be submitted within the appropriate time limit prescribed by law. If the seller denies you your right to return due to the lack of a check, then feel free to write a statement.

How to draw up documents correctly when transferring products back to the store in this situation?

To initiate the process of returning a purchase, the consumer writes and submits an application to the store or outlet where he made the purchase.

The application must contain the following items:

• Name, data and details of the store itself.
• Name and personal data of the consumer.
• Method of communication with the buyer, address and contact phone number.
• The date the purchase was made.
• A detailed description of the product defects and the date they were discovered.
• The total price paid for the item.
• A note that the check is lost.
• Document submission date and signature.
• If there are witnesses to the purchase who can confirm it, then information about them is also indicated.

Features of the return of defective goods in the absence of a receipt

The buyer has the right:

• replace the defective product with a similar one, possibly with a recalculation of the price, if their price is not the same;
• return your money for the purchase in full volume;
• receive from the seller a reduction in the cost of the goods in proportion to the detected defect;
• to eliminate deficiencies or fully compensate for the costs of correcting the defect.

Important! When returning goods with a defect, the seller may send the buyer for an examination in order to identify true reasons the occurrence of marriage. Such situations often occur during the warranty period.

Features of the return of goods good quality without a check

According to the law, the consumer can return the purchase within a certain period for various reasons, for example:

• Did not fit;
• Wrong style;
• Wrong color;
• Not so fabric.

The main condition for the possibility of a return is the absence of damage to the product, the safety of all labels and the previous presentation.

If there is no receipt, then the proof of purchase in this store is:

• barcode, which is placed on the product packaging;
• warranty card;
• testimony of witnesses;
• the second option, that is, a duplicate of the check, which is kept by the seller.

Useful information about returning goods in the absence of a check

• Return of defective goods can be carried out either before the end of the warranty period, or before the expiration date.
• If such terms are not specified, then a return is possible within 2 years from the date of purchase.
• Almost any product can be returned to the seller without a receipt, or you can demand an exchange for a similar product.