Are fur coats subject to return according to the law?

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Refund according to the PPP law

For various reasons, girls and women want to return purchased fur coats to the store.

The reasons for returning can be different: after trying on a fur coat at home, you suddenly realized that the size does not suit you at all, you discovered defects in the product, in natural light you were disappointed by the color of the fur coat, you are not satisfied with the smell emanating from the item.

How to return a fur coat to the store? What difficulties might you encounter in doing so? How to find a way out of problematic situations? You will find answers to these questions in this article.

Important! In accordance with the Law of the Russian Federation “On the Protection of Consumer Rights,” you have the right to return a product that does not suit you within 14 days from the date of purchase.

There are two reasons for returning an item:

the product has flaws;
The product has no defects, but you are not satisfied with the color, quality, model or size.

Depending on the reason for the return, your actions will vary. A big plus will be that you have a sales receipt and tags. Do not forget that the product must remain in its salable condition at the time of return.

However, in practice it is possible to exchange or return goods even in the absence of a sales or cash receipt. If you return the product without defects within the warranty period, then there should be no problems.

If you are going to return a defective product, then this is more difficult to do. A conscientious seller will admit his guilt and return your money, but in most cases the seller refuses to compromise. This significantly complicates the procedure for returning goods.

According to the Law of the Russian Federation “On the Protection of Consumer Rights”, you can return money immediately only if the store does not have the product you need in color, size, style of a similar product on the day of your request.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

What guarantee is given for a fur coat by law?

A reliable store will always fix minor problems with a fur coat that arose shortly after purchasing it free of charge.

But not all sellers agree to this without controversy. You need to have a long dialogue with many people, during which the current legislation will serve as an excellent support for you.

To ensure the authenticity of the model, ask the sellers for the following list of documents:

certificate or a copy thereof;
a label on a product made from mouton, beaver or the fur of other animals, which must contain an indication of all its characteristics;
TTN containing data regarding the product and the seal of the manufacturing factory.

According to the law, these documents must be present on every mink coat that is manufactured legally and in accordance with all standards.

This is her “passport”, which easily and accurately determines the authenticity and quality of the product. And if the seller is conscientious and adheres to the law, he will definitely provide you with such documents and a guarantee for his product. If not, then it is better to refuse such a purchase, so as not to experience bitter disappointment from imminent problems with the mink.

If you decide to buy a beaver fur coat, you definitely need to know how long the warranty may last for it.

According to the law, within two weeks you can return the purchased sheepskin coat to the store without explaining the reasons for your intentions.

In this case, the product must retain its original appearance, have packaging and the necessary labels. If the store does not have a similar model made from a beaver or other animal, then the seller must return the money you spent.

Return of a fur coat without defects within 14 days after purchase

Fur coats are expensive items, so the consumer has the right to count on the appropriate quality of the purchased product. However, quality requirements are often ignored and violated by the manufacturer engaged in mass production of fur products.

Remember! When trying on a fur coat in a store, it is not always possible to notice the shortcomings of the product, for example, poorly stitched seams, low quality fur, or the smell emanating from the item. It is possible to pay attention to these defects only at home, when the product has already been purchased.

What does the consumer have the right to do if the fur product turns out to be of poor quality? According to the Law of the Russian Federation “On the Protection of Consumer Rights”, the buyer is given 14 days from the date of purchase of the product to return the purchased item.

According to this law, the consumer has the right to return the product, receiving the money paid in return, or demand an exchange. In this case, the purchased fur coat must retain its presentation at the time of return or exchange.

The warranty period for outerwear is required by law.

Whether the seller can refuse to issue a check to the buyer, read here.

Who pays for an independent examination of the product, read the link:

You must present a cash receipt or sales receipt that confirms the purchase of a fur product in this store. After 14 days, you will not be able to return an item that does not suit you but has no flaws. In case of returning an item of inadequate quality, the situation is simpler.

As a rule, the buyer's request for the return of defective goods, submitted after the expiration of the 14-day period, is also satisfied.

How long does the fur coat warranty last?

Therefore, the law provides an important safety net for cases of short-term guarantees. ! If a purchase defect is discovered after the end of the warranty, but within two years after purchasing the product, then the consumer has the right to file a claim with the manufacturer or seller of the item (clause 1 and clause 5 of Article 19 of the Law “On Protection of Consumer Rights”).

In this case, the buyer may be required to confirm that the defect arose not through his fault, but due to a manufacturing defect or other faults of the manufacturer. If the consumer carries out an examination at his own expense and it confirms the defect, then the store is obliged not only to return the cost of the low-quality fur coat, but also to reimburse the costs of the examination.

Is it possible to return new mittens to the store?

Tell me, is it possible to return children's mittens to the supermarket? There is a receipt and a label. Best regards, Alla.

You have the right to insist on exchanging unsuitable mittens for a suitable option, and if this is not available in the store, then demand a refund, referring to Art. 25 of the Law “On Protection of Consumer Rights”. This right of the buyer is valid for 14 days after purchasing the goods, but by agreement with the seller, a later exchange or return is possible.

If sellers try to resell, also present arguments: the law requires that the purchase be in its original presentation and the label must be preserved; mittens are not included in the List of quality goods that are not subject to exchange or return - of similar items, only underwear and hosiery appear in it. Write to us at the postal address "KP"

How to return a fur product if a defect is detected

What can a consumer do if he discovers a defect in a product and wants to return it?

In accordance with the Law of the Russian Federation “On the Protection of Consumer Rights”, he has the right to:

exchange the product for a similar one;
demand a refund of the money paid;
require the seller to reduce the price proportionate to the defects or to eliminate the defects free of charge.

If the seller refuses to acknowledge the defects of the product, take the following measures:

make a claim and send it to the store. The period for its consideration is ten days;
if a response to the claim has not been received (or it is negative), send the fur product for examination. It is advisable that a store representative be present;
if the seller refuses to return your money even after receiving an expert opinion, draw up a report about this in duplicate;
If the seller admits that the product is defective, but is in no hurry to return your money, remind him of the penalty. According to Art. 23 of the Law “On Protection of Consumer Rights”, it is one percent of the price of the goods for each day of delay;
write a statement of claim and send it to the court, attaching all available documents.

Note! However, the return period of 14 days does not apply in this case. The return period is considered to be the warranty period for this product, and in the absence of it - two years from the date of purchase.

Fur coat of poor quality

No. 2-1313/13 DECISION IN NAME OF THE RUSSIAN FEDERATION

Ukhta City Court of the Komi Republic, composed of presiding judge O.N. Churina, with secretary D.V. Dyshleva, with the participation of plaintiff N.., representative of the defendant Yu., having considered in open court in the city of Ukhta of the Komi Republic on May 17, 2013 civil case on the claim of N. against the individual entrepreneur L. for the protection of consumer rights, U S T A N O V I L:

N. filed a lawsuit against IP L. for the protection of consumer rights. In support of the claim, she indicated that <...> between the parties an agreement was concluded for the purchase and sale of goods in installments No....., according to which the defendant undertakes to transfer to the buyer goods of proper quality, namely: a fur coat <...>worth .... rub. <…> the plaintiff made 1 contribution in the amount of…. rub., <…> – 2 installments in the amount of…. rub. On the same day, the plaintiff exchanged her brown fur coat for a black one, without any claims from the defendant. At home, when trying on the fur coat again, the plaintiff discovered that the fur coat was too big for her in the opening. Information about the size of the product was not provided to her, and there was no label indicating the size. In violation of Article 10, 12 of the Law of the Russian Federation of 02/07/1992, the plaintiff was not provided with the information about the product required by law. In <...>, when contacting the defendant to return the fur coat, IP L. took the goods for sale, explaining that upon sale of the fur coat, the money would be returned to the plaintiff. In <...>, instead of money, the plaintiff was offered another fur coat, which, when tried on, did not fit in size. On the same day, the plaintiff refused the goods and demanded a refund in the amount of…. rub. In this case, the goods were transferred to the defendant. In <…> the plaintiff was again offered a fur coat…. size, because according to the defendant, there were no other sizes. Throughout this period, the plaintiff insisted on her demands. To this day, the defendant has not returned to the plaintiff the amount of payment for the goods. <…> the plaintiff drew up and handed over to the defendant a claim demanding the return of a sum of money for a fur coat in the amount of…. rub., penalties, losses, interest for unlawful withholding of funds and evasion of their return. This claim was left without consideration; the plaintiff’s demands were not met. Based on Art. Art. 10,12,13,15,17,22, 23 of the Law of the Russian Federation “On the Protection of Consumer Rights”, the plaintiff asks to terminate the sales contract and recover money from the defendant in the amount of .... rub., penalty for violation of deadlines for fulfilling consumer requirements for the period .... days as of <…>in total…. rub., interest on the use of other people's funds in accordance with Art. 395 of the Civil Code of the Russian Federation for the same period based on the discount rate ....% in the amount of .... rub., losses associated with the conclusion of an agreement for the provision of legal assistance, in the amount of.... rub. and notarized power of attorney in the amount of…. rub., compensation for moral damage in the amount of .... rub., total... rub., as well as a fine for refusal to voluntarily satisfy the plaintiff’s demands in the amount of .... rub. At the court hearing, the plaintiff insisted on the stated claims in the edition of the statement of claim. Representative of the plaintiff G., acting on the basis of an oral petition in accordance with Part 6 of Art. 53 of the Code of Civil Procedure of the Russian Federation, did not appear at the court hearing, did not report valid reasons for non-appearance. Earlier at the court hearing she insisted on the claims. The defendant IP L. did not appear at the court hearing, having been duly notified of the place and time of the consideration of the case, and submitted an application for consideration of the case in his absence. Earlier at the court hearing, N. did not admit the claims in full. In written objections to the claim, he indicated that the plaintiff was sold a product of proper quality with all the necessary information about the product. Considers the plaintiff to have missed the 14-day deadline for exchanging goods of proper quality and to impossibly apply the provisions of Art. 22 of the Law of the Russian Federation “On the Protection of Consumer Rights”. The representative of the defendant, Yu., acting on the basis of a power of attorney, also did not recognize the claims at the court hearing, indicating in a written response to the claim that the plaintiff was provided with all the necessary information about the product, as evidenced by the fastening stickers and traces of torn labels on the fur coat. During the purchase, in the presence of the plaintiff, the quality of the goods was checked by external inspection, the correctness of the size indicated on the tag attached to the product in 2 places, the quantity, and the price of the goods. The warranty period for seasonal goods is set from November 15 to March 15, but neither until March 15, nor until the end of the actual seasonal wear did the plaintiff contact the defendant. From the moment of purchase to the plaintiff’s appeal <…> ... passed. months, and therefore believes that all contractual obligations of the parties had been terminated by that time. By accepting the fur coat, the defendant was not obliged to return the money for the goods; he only accepted it for sale and promised to provide a smaller fur coat for subsequent purchase. After accepting the fur coat from the plaintiff, traces of wear were found on the product. Within the terms agreed upon by the parties, the fur coat received from the plaintiff was not sold, and therefore the defendant repeatedly approached the plaintiff with an offer to take the fur coat, but the plaintiff refused this offer and demanded a refund. Taking into account the opinions of the parties, guided by the provisions of Art. 167 of the Code of Civil Procedure of the Russian Federation, the court considers it possible to consider the case in the absence of the representative of the plaintiff G. and the defendant L. Having heard the parties, their representatives, the testimony of witnesses <...>., <...>., having examined the case materials, having examined the fur coat presented by the defendant, the court comes to the following conclusions. As established by the court, L., OGRNIP ...., INN ...., living at the address: ...., .... …., registered as an individual entrepreneur with <…> …. …. By …. MIFNS…. according to ...., the main activity is <...> (code according to <...>). As follows from the explanations of the parties, the defendant carries out outbound trade...., including in.... ….. The court found that <…> individual entrepreneur L. (Seller) and N. (Buyer) entered into an agreement…. …. agreement for the sale of goods in installments No.….. Under the terms of the agreement, the plaintiff was sold a fur coat<…> model <…>, brown, costing…. rub. According to the agreement, payment is made in installments, while <...>the plaintiff paid the amount .... rub., <...> - .... rub. As follows from the agreement and the explanations of the parties, <...> the defendant, at the request of the plaintiff, exchanged the purchased goods for another model, the plaintiff was given a fur coat <...>, a collar made of <...>, black, model <...>, worth .... rub. <...> the specified fur coat was transferred to the defendant, as evidenced by the sales receipt of IP L. dated <...>, according to which the defendant took the specified product “for sale until <...>”, as well as the defendant’s receipt dated <...>, according to which L. took a fur coat from N. to sell in exchange for another smaller one. As follows from the explanations of the parties, the specified fur coat was not sold by the defendant to 3 persons, the plaintiff refused the fur coat offered by the defendant in exchange for the specified product in <...> To this day, the goods purchased by the plaintiff are in the possession of the defendant, the money has not been returned to the plaintiff. N.'s written claim to the defendant, handed to him <...> in which the plaintiff presented similar claims, was left unsatisfied by the defendant (response from <...>). N.’s claims are based on arguments about the defendant’s failure to comply with the requirements of Article 10 of the Law of the Russian Federation of 02/07/1992 N 2300-1 “On the Protection of Consumer Rights” regarding the provision by the seller of the necessary information about the goods. Having examined and assessed according to the rules of Art. 67 of the Code of Civil Procedure of the Russian Federation, the evidence presented by the parties, the court comes to the conclusion that the defendant committed violations of the law in this part. According to Art. 10 of the Law of the Russian Federation dated 02/07/1992 N 2300-1 “On the Protection of Consumer Rights”, the manufacturer (performer, seller) is obliged to promptly provide the consumer with the necessary and reliable information about goods (works, services), ensuring the possibility of their correct choice. For certain types of goods (works, services), the list and methods of communicating information to the consumer are established by the Government of the Russian Federation. Information about goods (works, services) must necessarily contain: the name of the technical regulation or other designation established by the legislation of the Russian Federation on technical regulation and indicating the mandatory confirmation of the conformity of the product; information about the basic consumer properties of goods (work, services), price in rubles and conditions for the purchase of goods (work, services), including when providing a loan, the size of the loan, the full amount to be paid by the consumer, and the repayment schedule for this amount; warranty period, if established; rules and conditions for the effective and safe use of goods (works, services); service life or shelf life of goods (work) established in accordance with this Law, as well as information about the necessary actions of the consumer after the expiration of the specified periods and possible consequences for failure to perform such actions, if the goods (work) after the expiration of the specified periods pose a danger to life, health and property of the consumer or become unsuitable for intended use; address (location), corporate name (name) of the manufacturer (performer, seller), authorized organization or authorized individual entrepreneur, importer; information on the rules for the sale of goods (performance of work, provision of services). This information is brought to the attention of consumers in the technical documentation attached to the goods (works, services), on labels, markings or in any other way adopted for certain types of goods (works, services). Decree of the Government of the Russian Federation dated January 19, 1998 N 55 (as amended on October 4, 2012) approved the Rules for the sale of certain types of goods, a list of durable goods that are not subject to the buyer’s requirement to provide them free of charge for the period of repair or replacement of a similar product, and a list of non-food items goods of proper quality that cannot be returned or exchanged for a similar product of a different size, shape, size, style, color or configuration. Section III of the Rules provides for the specifics of the sale of textile, knitwear, clothing and fur goods and footwear. According to clause 39 of the Rules, fur products must undergo pre-sale preparation before being delivered to the sales floor, which includes checking the quality of the product (by external signs) and the availability of the necessary information about the product and its manufacturer. Each fabric sample must be accompanied by information about the percentage of fibers from which it is made, and fur products must be accompanied by information about the type of fur. In accordance with clause 41 of the Rules, goods must have labels indicating their name, article number, price, size (for clothing, linen and other garments, shoes, hats) and height (for clothing and linen), type of fur and color its coloring (for clothes, hats and fur collars). According to paragraph 44 of the Rules, the person carrying out the sale, when selling fur goods and shoes in the presence of the buyer, checks the quality of the goods (by external inspection), the accuracy of the measure (quantity), and the correctness of the calculation of the purchase price. In accordance with clause 46 of the Rules, if the cash receipt for a product does not contain the name of the product, article number, grade (if available), along with the product, the buyer is given a sales receipt, which indicates this information, the name of the seller, the date of sale and the price of the product and the person directly selling the goods affixes a signature. The court found that the specified requirements for the content of information provided when selling goods and the method of communicating it to the consumer were not met by the defendant. According to the general rule (clause 4 of article 13, clause 5 of article 14, clause 6 of article 28 of Law N 2300-1), the burden of proving circumstances exonerating from liability for non-fulfillment or improper fulfillment of an obligation lies with the seller (manufacturer, contractor, authorized organization or individual entrepreneur, importer). The defendant did not present such evidence. The fur coat presented to the court by the defendant <...> is not equipped with labels, markings or a label indicating its name, article, price, size and height, type of fur and color of its color. Thus, the fur coat on display, photographs of which were subsequently added by the defendant to the case file, is equipped only with a tag sewn into the lining of the product, which contains a list of sizes (....), with the number “...” There is a mark in the form of a strikethrough. There is no other information on the product. The plaintiff at the court hearing denied the defendant’s arguments that the fur coat presented to the court was a product purchased by her <...> and transferred to the defendant <...>, pointing out differences in size, quality of fur, model (design of sleeves, collar, decorative scarf ). At the same time, the absence of relevant information on the product does not allow the court to compare the identity of the goods specified in the agreement for the sale of goods in installments from <...>, and those provided by the defendant for review. The defendant's arguments that the product sold was equipped with a leaflet on the care of fur products, the original of which was provided by the defendant at the court hearing for review and a photograph of which was subsequently included, the court finds unproven. The defendant indicated at the court hearing that the fur products he sells from <...> are manufactured at the factory <...> ...., but did not provide evidence of this to the court, the case materials, incl. the purchase and sale agreement from <...>, the sales receipt and receipt from <...>, as well as the fur coat examined at the court hearing do not contain information about the manufacturer. The defendant indicated at the court hearing that the instructions he presented on the care of fur products supplied products from other manufacturers. The memo itself contains an indication of the brands <…>”, “<…> <…>”, which also allows the court to conclude that the specified memo does not apply to the disputed product. The defendant included in the case materials photographs with samples of labels that are supplied with similar products. From these photographs it follows that the information on the product is applied by the seller independently; it is represented by adhesive tape with the price and size indicated on the ballpoint pen (for example ....), as well as the article number, additionally attached to the top of the product with adhesive tape (scotch tape). These arguments of the defendant confirm the explanations of the plaintiff that the product she purchased had a sticker indicating “….”. Thus, the court was not presented with evidence of the defendant’s sale of goods supplied with reliable and necessary information regarding the basic consumer properties of the goods, the establishment of a warranty period, the rules and conditions for the effective and safe use of the goods, the service life or shelf life of the goods; address (location), corporate name (name) of the manufacturer (performer, seller), authorized organization or authorized individual entrepreneur, importer; information on the rules for the sale of goods (performance of work, provision of services). The requirements for information about fur products established by Decree of the Government of the Russian Federation of January 19, 1998 N 55, the defendant also did not comply with, evidence of the availability of the necessary information about the product and its manufacturer, labels indicating the name, article, price, size and height, type of fur and color its coloring was not presented to the court. Thus, the court comes to the conclusion that the defendant committed a violation of the requirements of Art. 10 of the Law of the Russian Federation dated 02/07/1992 N 2300-1 (as amended on 07/28/2012) “On the protection of consumer rights.” According to Art. 12 of the Law, if the consumer is not given the opportunity to immediately obtain information about the product (work, service) upon concluding a contract, he has the right to demand from the seller (performer) compensation for losses caused by unjustified avoidance of concluding the contract, and if the contract is concluded, to refuse within a reasonable time its execution and demand the return of the amount paid for the goods and compensation for other losses. In case of refusal to fulfill the contract, the consumer is obliged to return the goods (result of work, services, if possible due to their nature) to the seller (performer). As follows from the provisions of paragraph 36 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 28, 2012 N 17 “On consideration by courts of civil cases in disputes regarding the protection of consumer rights”, when determining the reasonable period provided for in paragraph 1 of Article 12 of the Law, during which the consumer has the right to refuse from the execution of the contract and demand the return of the amount paid for the product and compensation for other losses, it is necessary to take into account the shelf life of the product, the seasonality of its use, consumer properties, etc. Taking into account these circumstances, the court finds the period during which the plaintiff addressed the defendant with the corresponding demand reasonable, taking into account the service life of the product, the seasonal nature of its use, consumer properties, as well as the outbound nature of the defendant’s trade. As established by the court, the disputed fur coat was purchased by the plaintiff <...>, after which the defendant stayed in .... only in <…>, during the period from <…> the defendant in…. was absent, resuming trade in <…> In these circumstances, taking into account the fact that the court was not presented with evidence that the defendant communicated the work schedule to consumers, incl. in <…>, the plaintiff’s appeal to the defendant <…> cannot be regarded as having taken place beyond a reasonable time. The defendant’s arguments that the plaintiff had the opportunity to obtain the necessary information about the product, incl. in terms of size, when purchasing goods, the court finds that they do not affect the validity of N.’s claims. According to Part 4 of Article 12 of the Law of the Russian Federation of 02/07/1992 N 2300-1 (as amended on 07/28/2012) “On the Protection of Consumer Rights”, When considering consumer claims for compensation for losses caused by unreliable or insufficiently complete information about a product (work, service), it is necessary to proceed from the assumption that the consumer does not have special knowledge about the properties and characteristics of the product (work, service). Under the circumstances stated the claims of the plaintiff on the termination of the contract of sale and the recovery of the amount paid for the goods are subject to satisfaction, the amount is subject to recovery .... rub. By resolving other claims stated by the plaintiff, the court is guided by the following. According to Article 22 of the Law, the consumer’s requirements for the return of the amount of money paid for the goods, as well as the requirement to reimburse losses caused to the consumer due to the sale of goods of inadequate quality or the provision of improper information about the product, are subject to satisfaction with the seller (the manufacturer, authorized by the organization or authorized individual entrepreneur, importer) within ten days from the date of presentation of the relevant requirement. In accordance with Part 1 of Art. 22 of the Law, for violation of Articles 20, 21 and 22 of this Law, the Seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) who committed such violations pays the consumer for each day of delay in the amount of one percent of the price of the goods. The plaintiff period of calculating the penalty is determined in quantity .... days, the end of the specified period is associated with the date of filing a statement of claim-<...> Thus, the beginning of the term, the plaintiff adopted the date <...> the court considers it necessary to calculate the start of the period to recover the penalty from the day of the 10-day period to fulfill the requirements of the consumer, At the same time, it takes into account that the plaintiff’s claim was handed to the defendant <...>, the 10-day period of its satisfaction expired in .... hours <...> in accordance with Art. 112 of the Labor Code of the Russian Federation, non-working holidays in the Russian Federation are 1, 2, 3, 4, 5, 6 and 8-New Year's holidays (as amended by the Federal Law of July 23, 2012 N 35-FZ), January 7-Christmas of Christ. December 30 and 31, 2012 were also non -working days. Considering that the plaintiff did not take the dates <...> g., <...> G., the calculation of the penalty for subsequent non -working holidays for <...> G. inclusive is unreasonable. Thus, the penalty is subject to calculation with <...> and as of the <...> its period amounted to .... days, and size - .... rub. (.... Rub.x1%....). For the same period and based on the refinancing rate, 8.25%established with <...> the Bank of Russia dated 13.09.2012 N 2873-U, interests are subject to interest for using other people's funds. According to the clarifications contained in para. 34 of paragraph 34 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated 06/28/2012 N 17 “On the consideration by the courts of civil cases on disputes on the protection of consumer rights”, in the monetary obligations arising from civil contracts providing for the obligation of the debtor To pay for goods (works, services) or pay funds received on the terms of refund, interest can be accrued on the basis of Article 395 of the Civil Code of the Russian Federation for expired payment. The penalty for the same violation of the monetary obligation can be recovered simultaneously with the percentages established by this norm, only if the penalty is penal and is subject to recovery in addition to losses incurred in case of non -fulfillment of a monetary obligation. According to Article 395 of the Civil Code of the Russian Federation for the use of other people's money due to their unlawful retention, evasion of their return, other delay in their payment or unjustified receipt or savings at the expense of another person, interest on the amount of these funds shall be paid. The amount of interest is determined by the discount rate of bank interest at the place of residence of the creditor, and if the creditor is a legal entity, at its location on the day of fulfillment of the monetary obligation or its corresponding part. When recovering a debt in a judicial proceeding, the court may satisfy the creditor’s claim based on the bank interest rate on the day the claim is filed or on the day of the decision. These rules apply if another interest is not established by law or contract. Thus, interest on the use of other people's funds must be recovered from the defendant in the amount .... rub. …. cop. (.... Rub.x8.25%/....). In accordance with Art. 15 of the Law “On Protection of Consumer Rights”, moral damage caused to the consumer due to violation by the manufacturer, the seller of the consumer rights provided for by laws and legal acts of the Russian Federation governing relations in the field of consumer protection is subject to compensation for the causer of harm if there is his guilt. The amount of compensation for moral damage is determined by the court and does not depend on the amount of compensation for property damage. The fact of a violation of the rights of the plaintiff found his confirmation at the hearing, and therefore compensation for non -pecuniary damage caused by the defendant is subject to recovery. Based on the circumstances of the case, taking into account the volume and nature of the moral suffering caused by the plaintiff related to the defendant, obligations under an agreement related to the acquisition of expensive property, the absence of guarantees for the proper fulfillment of obligations to return funds, the requirements of reasonableness and justice, the period of violation of rights The plaintiff, the court believes that moral damage caused to the plaintiff can be compensated by the money in the amount of .... Rules. In addition, due to the violation of N.’s rights, the court’s violation of rights, the court has grounds for recovering the plaintiff’s income for the following grounds. From the clarifications given in paragraph 1 of paragraph 1 of paragraph 46 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated 06/28/2012 N 17 “On the consideration by the courts of civil cases on the disputes on the protection of consumer rights”, it follows that when the court is satisfied with the consumer claims in connection with the violation of his rights established by the Law on the Protection of Consumer Rights, which were not satisfied on a voluntary manner (contractor, seller, authorized by the organization or authorized individual entrepreneur, importer), the court collects a fine from the defendant in favor of the consumer, regardless of whether such a claim was filed for the court (clause 6 of Article 13 of the Law). According to paragraph 1 of paragraph 6 of Article 13 of the Law of the Russian Federation of 07.02.1992 N 2300-1 (as amended on 06/25/2012) “On the Protection of Consumer Rights”, when the court is satisfied with the consumer requirements established by law, the court collects from the manufacturer (contractor , a seller, an authorized organization or an authorized individual entrepreneur, importer) for non -compliance with a voluntary satisfaction of consumer requirements, a fine of fifty percent of the amount awarded by the court in favor of the consumer. The total amount of satisfied claims was .... rub. (.... Rub.+.... Rub.+.... Rub.+.... Rub.). Based on the foregoing, given that the plaintiff’s claims were not satisfied with the defendant in pre -trial order during the consideration of the claim of N., neither in the course of consideration of this civil case, the amount of a fine in the amount of 50% of the awarded amount is subject to recovery from the defendant, which It is .... rub. …. cop. (.... Rub. X ....%). The expenses of the plaintiff on payment for the preparation of the statement of claim and the presentation of interests in the court in the amount .... rub. The court considers it necessary to recover from the defendant as legal costs in accordance with Art. 98 Code of Civil Procedure of the Russian Federation. The specified amount of expenses is confirmed by the materials submitted by the case, including Agreement No. .... From <...>, the act of the provision of services from <...>, by the score .... From <...> and an invoice .... From <...> evidence of the court costs incurred in the amount declared by the plaintiff .... rub. And the costs of notarization of the power of attorney in the case materials were not submitted. Furthermore, in accordance with Art. 103 of the Code of Civil Procedure of the Russian Federation from the defendant, the state fee shall be recovered in the revenue of the Mojta budget, from which the plaintiff was exempted from the payment of. The size of the state fee, proportional to satisfied requirements, amounted to .... rub. …. cop. On the basis of the foregoing and guided by Article 194-198 of the Code of Civil Procedure of the Russian Federation, the court of the R and L: Partially satisfy the claims of N.. Derminent the contract of sale of goods in installments No. .... From <...> G., concluded between the individual entrepreneur L. and N. to recover from an individual entrepreneur L., Ogrnip ...., TIN ...., registered as an individual entrepreneur <...> g., living at the address: .... …. In favor of N. living at: .... Cash under the contract of sale in the amount .... rub., a penalty in total .... rub., interest in total .... Rub. …. Cop., compensation for non -pecuniary damage in the amount .... rub., a fine in total .... rub. …. Cop., legal costs for paying legal services in the amount .... rub. …. Cop., all .... rub. …. cop. To recover from an individual entrepreneur L., Ogrnip .... TIN .... registered as an individual entrepreneur <...> G. living at: .... …. The state fee in the revenue of Mojo's budget in the amount .... rub. …. cop. The decision can be appealed to the Supreme Court of the Republic of Kazakhstan through the Ukhta City Court within a month from the date of adoption in final form. The motivated decision was made on May 22, 2013 by Judge O.N. Churina correctly O.N. Churina

Return of a fur coat purchased on credit

Not every buyer will be able to immediately pay the entire amount for a fur coat. Many people make purchases on credit.

If you decide to return a fur product purchased on credit, you will have to repay the loan amount.

The algorithm of actions is as follows:

contact the bank with a request to issue documents confirming the amounts you have paid on the loan, as well as interest charges;
return the purchased fur coat to the store;
demand from the seller a refund of the amount for the goods.

After resolving all return issues with the store, continue to pay the credit, as otherwise a penalty will be charged.

When the dispute is resolved, the seller must return to you any money you paid in excess of the loan amount. Contact a qualified legal professional to avoid losses.

Fur coat guarantee by law

Thus, in Moscow, according to the order of the city government, the winter season for goods opens on November 1.

Info The Contractor is obliged to use material that has a certificate of conformity to complete the order, if this material is subject to mandatory certification. Decree of the Government of the Russian Federation dated August 13, 1997 No. 1013 approved the List of goods subject to mandatory certification.

If you bought a fur coat, say, at the end of summer, then the warranty for it began to count from November 1, 2006. In practice, fur products are most often given a guarantee of up to 6 - 8 months. However, the buyer, having paid several hundred thousand rubles for a fur coat, naturally expects to wear it for a longer period.

1 and paragraph 5 of Art. 19 of the Law “On Protection of Consumer Rights”).

In this case, the buyer may be required to confirm that the defect arose not through his fault, but due to a manufacturing defect, etc.

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manufacturer's punctures. If the consumer carries out an examination at his own expense and it confirms the defect, then the store is obliged not only to return the cost of the low-quality fur coat, but also to reimburse the costs of the examination.

Is it possible to return new mittens to the store? Tell me, is it possible to return children's mittens to the supermarket? There is a receipt and a label. Best regards, Alla.

General return policy

To get a refund for a fur coat, you need to have your passport, fur coat, and a receipt confirming payment with you. Please remember that when returning a product that is not defective, it must remain in its original condition.

If you lose a check, you have the right to use the testimony of witnesses. For example, it could be your loved ones or friends with whom you consulted when trying on a fur coat. A store employee might also remember you.

The store will require you to write a return application. The legislation on the protection of consumer rights does not contain a rule obliging the consumer to draw up such a statement, however, to speed up and facilitate the return procedure, it is advisable to write one.

Important! If you paid in cash when purchasing a fur coat, the money must be returned on the day the goods are returned. If you paid for your fur coat by bank transfer, it should arrive in your account within three days.

If the consumer requires a fur coat to be replaced with a similar fur product of appropriate quality, 7 calendar days are allotted for the replacement.

If the seller has announced the appointment of an examination (for example, in order to establish the causes of defects), the replacement period may be extended, but not more than by 20 calendar days. If the seller does not have the goods required for replacement, the period is extended, but not more than by a month.

If the buyer makes a demand for a proportionate reduction in price, for reimbursement of expenses for eliminating defects, then the seller is obliged to fulfill it within 10 days from the date of presentation. If the consumer requires the seller to eliminate defects, then this requirement must be fulfilled within 45 calendar days.

Watch the video. How to return an item to the store:

Warranty for fur coat

A reliable store will always fix minor problems with a fur coat that arose shortly after purchasing it free of charge. But not all sellers agree to this without controversy.

With many, you need to have a long dialogue, during which the current legislation will be an excellent support for you. To ensure the authenticity of the model, ask the sellers for the following list of documents:

a label on a product made from mouton, beaver or the fur of other animals, which must contain an indication of all its characteristics;
TTN containing data regarding the product and the seal of the manufacturing factory.
certificate or a copy thereof;

According to the law, these documents must be present on every mink coat that is manufactured legally and in accordance with all standards.

This is her “passport”, by which the authenticity and quality of the product can be easily and accurately determined. And if the seller is conscientious and adheres to the law, he will definitely provide you with such documents and a guarantee for his product.

If not, then it is better to refuse such a purchase so as not to experience bitter disappointment from imminent problems with the mink. If you decide to buy a beaver fur coat, you definitely need to know how long the warranty may last for it. According to the law, within two weeks you can return the purchased sheepskin coat to the store without explaining the reasons for your intentions. In this case, the product must retain its original appearance, have packaging and the necessary labels.

If the store does not have a similar model

How to make a complaint to the seller

Remember! If the seller refuses to accept the item back, file a claim. This document does not have a strictly established form, but certain details must be indicated.

In the upper right corner, enter:

name of the legal entity (seller);
seller's address;
Full name and address (in accordance with registration) of the consumer;
contact number.

In the main part, describe the current situation, justify the reasons for returning the goods, and state your requirements to the seller.

At the end, add your date and signature.

Make a claim in duplicate. If you take it to the store in person, make sure that the employee puts a mark on the second copy accepting the claim.

You have the right to send a claim by registered mail with notification.

ATTENTION! Look at the completed sample claim for returning a mink coat to the store:

Free legal assistance

The seller (manufacturer), authorized organization or authorized individual entrepreneur, importer are obliged to accept goods of inadequate quality from the consumer and, if necessary, carry out a quality check of the goods.

Important The consumer has the right to participate in checking the quality of the product.

Delivery of large-sized goods and goods weighing more than five kilograms for repair, markdown, replacement and (or) return to the consumer is carried out at the expense of the seller. In case of failure to fulfill this obligation, as well as in the absence of the seller at the consumer’s location, delivery and (or) return of these goods may be carried out by the consumer. When buying a fur coat, I told the sellers that I was buying a fur coat for traveling in a car, but not one of the sales consultants warned me that I couldn’t ride in a car wearing a fur coat.

I returned the fur coat to the store under warranty, and they told me that it was mechanical damage from traveling in a car, but according to the law on consumer protection, the seller must provide comprehensive information to the buyer.

Info How to deal with such a situation and why we need such fur coats, so that we can look and admire them. After such examples, what kind of guarantee can we talk about? It's all just a lie. When I purchased a factory-made fur coat, I thought that I had been wearing it for more than one year.

Here you have a factory, here you have large chain stores. Guest Good afternoon. I bought a mink coat at the end of 2021, sleeves with 3/4 zippers, after a month of wearing the sleeves were worn out from the inside in the places where the locks were sewn.

What should I do, the fur under my armpits is also all liquid and coming out.

Terms for consideration of the application and refund

Each submitted claim must be considered, but the question of the timing of its consideration is of interest.

According to the Law of the Russian Federation “On the Protection of Consumer Rights”, the period for consideration of a claim is 30 days from the date of its receipt by the addressee. In practice, the processing time for a claim is usually approximately 10 days. During this period, the seller is obliged to return the money paid to the buyer.

If the seller does not respond to the claim within the prescribed period, the consumer has the right to send it again or go to court with a claim for compensation for material and moral damage.

If the buyer sends a claim again, the document itself should indicate that ignoring it entails the need to contact the judicial authorities.

Before you buy a fur coat, study the laws!

The law does not oblige the manufacturer or seller of fur products to establish a warranty period for their products; this is considered a voluntary matter. As a rule, sellers set a period of one year from the date of purchase, but even if there is no officially designated warranty for a fur coat, and within 2 years you discover a manufacturing defect, you can contact the store with a claim.

But at the same time, in accordance with clause 7 of Art. 5 of the Law of the Russian Federation “On the Protection of Consumer Rights” you will need to prove that the defects found in the fur coat are not related to its operation, but appeared before the sale. If the seller or manufacturer does not agree with your claims (suddenly they think that you yourself ruined the fur in order to get a new fur coat), then the product is submitted for examination at the seller’s expense within 20 days (Article 21).

But if the examination shows that the lack of a fur coat is not a manufacturing defect at all, but a consequence of improper use, you will have to pay for the examination out of your own pocket and continue to wear the fur coat.

When ordering a fur coat from a studio, be sure to draw up a written contract according to the model specified in the Rules for Consumer Services of the Russian Federation No. 1025 dated August 15, 1997. Article 23.1 of the Law “On Protection of Consumer Rights” states that if the fur coat is not ready within the prescribed period, you have the right take the advance and even demand compensation for losses. You can demand payment of a penalty in the amount of 0.5% of the advance for each day of delay.

So, study your rights, responsibilities and don’t be afraid to buy a fur coat. Just be careful.

Resolving the issue in court

If you decide to go to court, remember that in order to satisfy the claims stated in the claim, it must be correctly drawn up, without errors or omissions.

Please include the following information in the document:

full name of the court to which the claim is sent;
comprehensive information about the plaintiff (full name, contact details, registration address and residential address). If the plaintiff is a legal entity, then its details must be indicated. If the interests of the plaintiff are represented by a person authorized by him, then the claim must contain the information of such a representative. In most cases, this is a lawyer; a trustee or guardian may also represent the interests of the plaintiff. Attach to the statement of claim documents confirming the rights of these persons to act on your behalf in court;
comprehensive information about the defendant. Basic information about it should be indicated, and, if necessary, additional information. Correct filing of a claim without such information is impossible;
the main circumstances, the subject of the dispute and the content of the claims made by the plaintiff to the defendant;
the cost of the claim, which means the value of the claims stated in the claim. It includes compensation for real harm and compensation for moral damage. In a statement of claim, you can demand that the defendant perform certain actions, for example, make repairs;
grounds for filing claims. The actual circumstances of the violation of your rights are indicated, and this information is supported by the norms of legislative acts.
evidence that substantiates your position, confirming that you are right. After examining the evidence, the court will make a decision on the case;
a list of documents directly related to this case. They are classified into mandatory and optional. Before filing a claim, make sure you have the documents available. Mandatory ones include, for example, a passport of a citizen of the Russian Federation and its copy, a child’s birth certificate (in relation to claims for alimony), etc. For almost all claims, a mandatory document is a receipt confirming payment of the state duty. Additional documents include checks, receipts, invoices and other documents. A competent lawyer can help you with compiling a list of additional documents;
Please sign and date it at the end.

Attention! At first, you might think that drawing up a statement of claim is not difficult. However, if you miss some important point, then the acceptance and satisfaction of the claim will be refused.

The court may accept a claim with defects and then suspend the proceedings, giving the applicant time to correct the errors.

When drafting, it is advisable to rely on a well-written sample statement of claim (which you can find on our website) in order to avoid problems in the future and save time on correcting errors.

ATTENTION! View the completed sample statement of claim for consumer protection:

On the rights of consumers buying products made from natural fur

In addition, according to paragraph 3. Art. 9 of the Technical Regulations of the Customs Union “On the safety of light industry products” (TR CU 017/2011), the labeling of products, including those made of fur, applied to the product, a label attached to the product or a product label must necessarily contain: the name of the product, name of the country of origin; name and location of the manufacturer or seller, or a person authorized by the manufacturer, legal address of the manufacturer or seller, or authorized person, size of the product, composition of raw materials, a single sign of circulation on the market - members of the Customs Union, date of manufacture, type of fur and type of its processing, symbols product care, instructions for caring for the product during operation (if necessary). When purchasing a fur product, you should keep in mind that a KIZ (control identification mark) must be attached to the fur coat, which contains all the information about the origin of the fur, the manufacturer of the product and its consumer properties.

From the date of entry into force of the Decree of the Government of the Russian Federation of August 11, 2016 N 787, marking products made from natural fur with control (identification) marks is mandatory for all participants in trade turnover, including manufacturers, importers, wholesalers and retailers, commission agents and other participants in the fur market.

The buyer has two options to check the barcode of the fur coat for free. The check can be completed online, on the website of the Federal Tax Service.

There you can download a free application that allows you to scan the chip number.

Statute of limitations

The expiration of the statute of limitations in consumer protection cases indicates that the consumer will not be able to prove his case. Therefore, it is important not to miss this deadline. How is the statute of limitations calculated?

The starting point is the moment the seller refuses to satisfy the buyer’s demands or misses the deadline within which it is necessary to respond to the claim. All products can be divided into those for which a warranty period is established and those that do not.

If the subject of the dispute is a product from the first category, then the consumer has the right to make claims to the seller or manufacturer. If the consumer is denied satisfaction of his demands, he has the right to file a claim in court within a 3-year period from the date of receipt of such refusal.

If the consumer appeals to the court after the expiration of the guarantee period, then the court in this case may leave the claim without satisfaction if a petition is filed by the defendant.

If the subject of the dispute is a product from the second category, then the consumer has the right to make claims to the seller within a 2-year period from the date of receipt of the goods. At the same time, the law or the agreement concluded between the parties may establish other provisions related to the calculation of this period.

What should you do if the seller refuses to satisfy your demands or does not respond to you within the specified time? From this moment the 3-year period is calculated. If the warranty period established for a product is less than 2 years, then the consumer can make claims within two years.

Warranty period for fur coat

Moreover, if the buyer cannot use the product due to circumstances depending on the seller, the warranty period is suspended until the relevant circumstances are eliminated.

During the period of repair of a broken fur coat, the warranty period does not expire. Information about the warranty period must be contained in the product information.

Typically, information about the warranty period can be found:

in the warranty card;
on the check (receipt).
in the purchase and sale agreement;

In addition, sources of information about the warranty period may be:

marking.
label;
website of the seller or manufacturer;
technical documentation for the fur coat;

For seasonal goods (shoes, clothing and others), these periods are calculated from the onset of the corresponding season, the onset of which is determined accordingly by the constituent entities of the Russian Federation based on the climatic conditions of the location of consumers. If a fur coat has no warranty period established by either the seller or the manufacturer, then claims related to defects in the product may be submitted by the buyer to the seller or the organization performing the functions of the seller, provided that the defects were discovered within a reasonable time, but within 6 months from the date of transfer of the goods to the buyer (in relation to real estate - no later than two years from the date of its transfer to the consumer). When determining the reasonableness of the terms, it is recommended to proceed from the warranty periods established by state

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Where to file a claim

For consumer protection claims, jurisdiction is at the plaintiff's choice.

This means that the consumer can file a claim in one of the following courts:

court located at the place of residence or stay of the plaintiff (both temporary and permanent registration are taken into account);
court located at the location of the legal entity (defendant). If the defendant is an individual entrepreneur, then you can file a claim in court at your place of residence. In this case, you have to find out the exact address of the organization. It is usually indicated in the consumer's corner, you can also use an Internet search;
the court located at the place where the contract was concluded or executed. This is the specific store where you purchased the product.

As for generic jurisdiction, depending on the value of the claim, it must be filed in the district court or magistrate.

The value of the claim is the amount that the plaintiff wants to receive from the defendant. If the price of the claim does not exceed 50,000 rubles, then the claim is submitted to a magistrate. If the amount of the claim exceeds 50,000 rubles, then the claim is filed in the district court.

If the claim includes several claims, and some of them can be considered by a magistrate, the case is considered by the district court, since the total value of the claim exceeds RUB 50,000.

If initially the price of the claim was less than 50,000 rubles, and during the trial it exceeded this amount, the claim is transferred by the magistrate to the district court. The case is being considered thereafter.