Is it possible and how to return a fur coat to the store if you don’t like it or bought it on credit?

Home / Returns and exchanges / Under what conditions can you return a fur coat to the store?

The Law on the Protection of Consumer Rights provides for the possibility of returning money for an item you don’t like, but in practice, sellers often violate the prescribed standards, especially when it comes to expensive fur products. In this article, we will look in detail at how to return a fur coat correctly and get the full amount spent on it.

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.

How can I get my money back for a fur coat if it was purchased in installments?

The shelf life of a product is determined by the period calculated from the date of manufacture of the product, during which it is suitable for use, or the date before which the product is suitable for use. The shelf life of the product must comply with mandatory product safety requirements. (as amended by Federal Law No. 171-FZ) (see text in the previous edition) 3.

Warranty periods can be established for components and components of the main product. Warranty periods for components and components are calculated in the same manner as the warranty period for the main product. The warranty period for components and components of the product is considered equal to the warranty period for the main product, unless otherwise established by the contract.

We comply with the law

Remember that the relationship between the seller and the buyer is regulated by certain articles of legislation. According to these standards, the following product groups are not subject to return or exchange:

  • Medications.
  • Personal hygiene products.
  • Baby supplies.

Is it possible to return a fur coat to the store?

Attention

Knowing the human weakness of the consumer’s desire to immediately receive the product he is interested in, banking organizations “rush to the rescue.” In the modern world, consumer credit has become very popular.

Trade credit (targeted consumer credit) is provided by a trade organization, in accordance with the legislation of the Russian Federation, for the purchase of various goods on credit. As a rule, a loan agreement for the provision of this type of loan is concluded by citizens directly in a trade organization (store, shopping center, etc.).

etc.), selling certain consumer goods, which, in turn, previously entered into a corresponding agreement with the bank. In accordance with Art.

Interesting read

  • Bed and underwear products.
  • Construction lumber.
  • Items used for manicure, pedicure.
  • Products made of gold, silver and other precious groups.

As you can see, fur products are not included in this list, which means they can be returned by the buyer to the store.

How to return a fur coat purchased in installments?

We will get our money back read answers (1) Subject: Returning a fur coat to the store I bought a custom-made mink coat! When it arrived, I tried it on in the store; at first glance, everything was fine, and I signed an agreement that I was satisfied with everything; I had no complaints about quality and quantity! read answers (1) Topic: Purchase in the store November 18, 2015 in the store purchased a fur coat made of mouton,

I found a small hole along the seam in the armpit arearead answers (1) Subject: Refund In December I bought a fur coat in a store, I have a receipt, I wore it about 10 times in all that time, it fits a lot and has worn out badly in the back, there is a worn spot in the area of ​​the buttocks, i.e. read answers (2) Topic: Return of a mink coat In December 2015, a mink coat was purchased on credit, the price including interest was 110 thousand.

No warranty card was issued.

Terms of exchange and return

How to return a fur coat to the store? The buyer should know that if certain conditions are met, then it is possible to return the mink coat to the store. The conditions include the following circumstances:

  • The product is not included in the list of items that cannot be returned or exchanged by the seller.
  • The appearance of the product was not damaged.
  • The product, in our case a fur coat, was not used by the buyer.
  • The period from the day of purchase to the day of return is less than 14 days.
  • The sales receipt or invoice has been preserved.

If all conditions are met and the appearance of the fur coat is not damaged, then the seller is obliged to return the amount paid to the buyer and take the goods back to the store.

Law of the Russian Federation, Article 25: return of a fur coat without explanation

Law on returning fur coats without explanation

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: https://novocom.org/otvety-na-voprosy-chitatelej/kto-oplachivaet-nezavisimuyu-ekspertizu-tovara.html

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.

What to do if the seller refuses to return money for the product?

Tips and tricks

To avoid conflicts and misunderstandings on the part of counterparties, it is worth enlisting the following tips:

  • do not miss time boundaries. Be sure to know when you can make a claim;
  • keep receipts and coupons. Any proof of the purchase and the seller's responsibilities will help;
  • store the purchased fur coat in optimal conditions. Take care of the condition of the fur before handing it over. The room should not be damp or excessively warm. Insects and other pests must not be allowed near the product;
  • keep yourself in control. If conflict is inevitable, then the best weapon is a clear knowledge of your rights and equanimity;
  • pay attention to documentation. A well-formed claim will force the seller to make concessions.

Russian legislation on the protection of consumer rights is initially on the side of citizens. It is important to remember: it is the buyer who decides what he needs. The manufacturer or seller only responds to his claims. Legal literacy and a clear knowledge of your rights are faithful assistants in this matter.

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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.

How can a buyer return a defective fur coat?

The law stipulates several conditions governing the rules for the sale of fur coats.

These include:

  • The warranty period for the product is from one to two years for fur coats. Before purchasing, you need to be interested in it and require warranty documents;
  • Not all defects are considered manufacturing defects. They are included in a specific list. One of the disadvantages, for example, is the naturally faded fur. Therefore, if such a defect is discovered, the client must decide for himself whether to buy the product or refuse it immediately. Since after purchase the goods may not be exchanged;
  • If a defect is discovered after the delivery of the goods, it is considered that the fur coat belongs to products of inadequate quality. Then a return or exchange can be made without any delay within the first two weeks after purchase. It is allowed to demand the full amount of money upon returning the goods to the store. After 14 days, the exchange or return procedure becomes more complicated.

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.

How to return money for a fur coat purchased in installments; the new size did not fit

And it is also advisable to take a piece of paper from the bank confirming the termination of the loan agreement, the absence of mutual claims and the total amount of payments (to the seller for presentation, to yourself for peace of mind). 4.

When the settlement with the bank has been fully completed, you must contact the seller again, demanding in writing from the latter compensation for losses caused by the purchase of goods of inadequate quality.

The loss in this case will be the entire amount paid to the bank (monthly payments + sanctions for early termination + commission of the post office or bank when repaying the loan). Refunds must be made within 10 days of the request (with justification attached).

If this does not happen, then the issue will be resolved through the courts. I almost forgot. The money (first installment) paid to the seller must be demanded from the seller as the amount paid for the goods, the rest as losses in the above order.

Attention

Knowing the human weakness of the consumer’s desire to immediately receive the product he is interested in, banking organizations “rush to the rescue.” In the modern world, consumer credit has become very popular.

Trade credit (targeted consumer credit) is provided by a trade organization, in accordance with the legislation of the Russian Federation, for the purchase of various goods on credit. As a rule, a loan agreement for the provision of this type of loan is concluded by citizens directly in a trade organization (store, shopping center, etc.) that sells certain consumer goods, which, in turn, has previously concluded a corresponding agreement with the bank. In accordance with Art.

Situation: refund for goods purchased on credit

In this case, the goods are accepted if all labels and tags are present. If a store representative, upon examining the returned product, determines that the fur coat was worn, he will refuse to return or exchange for another product.

Your arguments that the fur coat is small or large, does not suit the color or style, will not play any role in this.

If a fur product is found to be defective (fake fur coat, poorly stitched seams, etc.), the buyer has the right to contact the store and return the product of inadequate quality during the warranty period.

If such a period is not established by the manufacturer or the seller himself, then, as a general rule, it cannot be more than two years.

Return the fur coat to the store

A prerequisite for a return will be the presence of all labels on the fur product, as well as a saved cash register or sales receipt. Of course, the buyer has the right to return the goods without a receipt, but if the seller refuses, this greatly complicates the process of proving the fact of purchase in a particular store (witnesses will be needed).

It should be noted that the consumer does not have the right to simply demand a refund for a good quality fur coat. The law stipulates that he must be provided with another product on the same day to replace the one being returned.

The money will only be given back if the seller does not have a similar product. It seems that it is unlikely that it will be possible to wait until there are no fur coats in the fur store.

Therefore, it is possible to return money for a fur coat of normal quality only by agreement with the seller.

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:

How to return a fur coat to the store if you change your mind

Purchasing a fur coat is a significant event in the life of any fashionista. The process of choosing a model, style and color of a fur product takes a lot of time. But, even more, this acquisition requires financial investment.

Of course, you want to buy a high-quality fur coat on the first try, but upon closer examination at home, the shortcomings of the product become apparent.

How to properly return a fur coat purchased in a store, and even on credit? Are there certain return rules, and what should the buyer do in this case? It is advisable to answer questions in advance and go to the store armed with knowledge.

A special case

The conditions described above apply if the fur coat was purchased in cash. Everything is simple here: the client does not like the product, he brings it to the store, presents a receipt to the seller and receives his money.

But what to do if the fur product was purchased on credit? If you don’t like the fur coat, you can return the product within 14 days. You must bring your purchase to the store and present your receipt.

The seller, having assessed the condition of the fur product and made sure it is in perfect condition, is obliged to accept the product back from the client. But what about the loan?

To return a fur coat purchased on credit, you must contact the bank branch where the transaction was made and write a corresponding statement. The bank is obliged to terminate the contract with the client ahead of schedule, subject to the return of the principal amount of the debt. The bank will require you to pay interest for the current month.

The client does not have to pay any additional fees. If any problems arise or additional requirements from the bank or store, the client has the right to defend his rights in court.

But, as a rule, such difficulties do not arise, and stores and banks are happy to meet customers halfway.

We comply with formalities

The buyer should know that if an expensive mink coat is not liked, or any flaws were discovered at home, the law provides 14 days, not counting the day of purchase, during which the client has the right to contact the store. If this deadline has been missed, the seller has every right to refuse to return the product.

At the time of return, the buyer must write a statement addressed to the manager or director of the outlet about his intention. According to the letter of the law, the amount due to the buyer is equal to the price in effect at the time of purchase.

Even if within 14 days the price of a fur coat has changed, this fact does not affect the amount that should be returned to the seller or bank if a loan has been issued.

In conclusion, answering the question of whether it is possible to return a fur coat purchased on credit, we note that this can only be done if all legal norms are observed.

To complete your relationship with the seller, initially adhere to the rules that must be followed by the buyer. If there is a receipt for the goods and the appearance of the mink coat is intact, the seller does not have the right to refuse a return.

Of course, if the deadlines provided by law were met.

Source: https://shubyinfo.ru/sovety/vernut-shubu-v-magazin-2

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.

claims for the return of a mink coat to the store for free in word format

In the upper right corner, enter:

  • name of the legal entity (seller),
  • seller's address,
  • Full name and address (according to 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:

Conditions for returning a purchase

When returning a fur coat to the salon, you must follow certain rules.

Documentation

When handing over the fur coat to the buyer, the seller is obliged to issue a sales or cash receipt. This financial document is presented upon return as proof of purchase.

If you lose a check, you can resort to the help of witnesses to the transaction. But they will only be needed during the trial.

ATTENTION! Look at the completed sample application for the restoration of a lost check:

Product condition

When returning an item, remember that it should not show signs of wear. All factory logos (stripes, labels, packaging) must also remain unchanged.

If you bought an expensive fur coat, do not rush to cut off the tag or seals. First, examine and try it on, and only after that, making sure that everything suits you, cut off unnecessary elements.

Where to go

Important! You only need to return the item to the salon and the seller with whom you made the deal. This is what they do in most cases. Typically, manufacturers, distributors or service centers do not accept goods.

Although sometimes large manufacturers accept products of the proper type. This procedure is carried out through branches or representative offices. The place of purchase is not taken into account.

Reasons for return

The need to return the product must be justified.

Please note! Submitting a fur coat to a salon is possible if the following indicators do not meet:

  • style, model, shape;
  • size;
  • the color does not match the other things that the buyer plans to wear with the fur coat;
  • inconsistency of equipment;
  • other reasons.

Having decided to take a fur coat to the store, you must decide for yourself what the basis for your actions is. When you meet, you voice them to the seller, although this is not necessary, nor is it necessary to provide evidence.

By and large, the reason you tell the seller about is the formal side of the issue. If the seller refuses to accept the goods due to the fact that he was not satisfied with the arguments, he will break the law (the refusal does not comply with Article 25 of the PZPP). Article 25 of the Law contains conditions for the return of non-food goods of appropriate quality.

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.

Statement of claim for compensation for moral damage.

What to do if the seller refuses to return the money?

In cases where store employees do not want to accept your fur product and issue a return, you should contact this organization with an official complaint. Such a pre-trial procedure is mandatory before filing a claim in court and indicates that the parties were unable to reach an amicable agreement.

Algorithm of actions if you fail to return your fur coat:

  1. Prepare a written claim in two copies.
  2. By registered mail or personally deliver to the seller.
  3. Require the employee's signature on your copy.
  4. Expect a response within 10 days.

Drawing up such a document is not a difficult task, since there are a large number of ready-made samples. All that remains is to add your data and information about the subject and the other side of the dispute.

If a claim is rejected, the buyer has the right to file a claim in court to recover funds for the purchase. If during the consideration of the case it is established that the seller’s actions were unlawful, the plaintiff will be able to demand compensation for legal costs and expenses associated with legal services in this matter.

You may probably be interested in the following topic: sample claim for consumer protection.

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.

statement of claim for returning goods to the store free of charge in word format

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. It is impossible to correctly draw up a claim without such information,
  • the main circumstances, the subject of the dispute and the content of the requirements presented 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, carry out 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:

Timeframe for consideration of a claim by the seller

Clients usually have different requirements. The deadline for completion depends on what exactly the consumer wants.

Deadlines for fulfilling buyer requirements:

  • elimination of deficiencies without delay, free of charge - the longest period is 45 days (Article 20 of the Law of the Russian Federation);
  • exchange of goods for an identical one of the same brand (model, article), exchange for a similar product of another brand (model, article) with additional payment or return of excess funds - maximum 1 week without testing the product, 20 days - with verification, 30 days - out of stock goods required for replacement, but the client insists on replacement (Article 21 of the Law of the Russian Federation);
  • the funds are returned to the client within 3 days (a request was received to replace the product, but there was no such thing in the store, the client does not agree to wait for a new product) (Article 25 of the Law);
  • within 10 days, the seller must fulfill the following requirements of the buyer: reduce the cost of goods of inadequate quality, compensate for the costs of repairing the product by the buyer or a third party, return money for the purchase, compensate for damage incurred from purchasing goods of inadequate quality or receiving incomplete information about the characteristics of the product (Article .22 of the Law);
  • a client who refuses products purchased remotely must receive money within 10 days (Article 26.1 of the PZPP);
  • money for the goods is returned to the buyer within 10 days;
  • provision of goods in replacement of a low-quality product for the duration of its repair - 3 days (Article 20 and Article 21 of the Law).

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.

Return of a fur coat purchased at the market.

Service life and expiration date

The guarantee is not the only mechanism provided by law. The ZPP also contains the concepts of service life and shelf life.

Service life is the time period during which the manufacturer is obliged to ensure that the products are repaired and used for their intended purpose. The mechanism is established in paragraph 1 of Art. 5 ZPP.

Shelf life, in contrast to service life, reflects the ability of an item to be used without intervention from the manufacturer. If this time has expired, then the item is no longer recommended to be used for its intended purpose.

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. Usually it is 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.

Seller's liability under law

The seller’s unreasonable refusal to accept the product, exchange it for a similar model, or return the money is an example of a violation of the buyer’s legal rights.

In the future, the situation may develop as follows:

  • the seller will be forced to exchange the product or return the money;
  • the buyer is compensated for losses associated with violation of his rights. Let's say you bought a fur coat specifically for a trip to the north. The fur coat turned out to be small, but when I contacted the salon they did not exchange it for a larger one. You can’t travel in cold weather without warm clothes, as this can lead to a serious cold. That's why you didn't go anywhere and, as a result, suffered significant financial losses. The employer forced you to personally pay for an unused ticket, and also did not give a bonus, considering that you were frivolous in your work responsibilities. Since you suffered due to the seller’s unreasonable refusal, file a lawsuit and demand compensation for all losses, since there is a cause-and-effect relationship between the events;
  • you will receive compensation in the form of interest on the use of other people's money in the amount of 1/300 of the refinancing rate (Central Bank bank interest). This is possible in the case when the seller must return the money to the buyer, but did not complete this procedure on time;
  • recovery of funds for moral damage (from 1 to 15 thousand rubles, it all depends on the specific case);
  • other consequences provided for by the sales agreement and promotions held in the salon.

Important! In addition, the seller may be held liable through court. You need to write a statement of claim and submit it to the court. If the amount of the claim does not exceed 50 thousand rubles, contact the magistrate’s court; in other cases, you need to go to the district or city judicial authority. By the way, if you win, you can recover all legal costs and moral damages from the seller.

All about state duty

According to paragraph 3 of Art. 17 of the Law of the Russian Federation “On the Protection of Consumer Rights”, in claims for the protection of consumer rights, plaintiffs are exempt from paying state fees.

This rule applies to both the consumer and persons who file a claim in consumer protection. These include, for example, the prosecutor, Rospotrebnadzor and public associations (if they have the status of a legal entity).

Attention! State duty calculator.

Article 17 of the Law “On the Protection of Consumer Rights” contains a provision that the grounds for exemption from payment of state duties are regulated by legislative acts on taxes. According to paragraph 3 of Art. 333.36 of the Tax Code of the Russian Federation, state duty is not paid if the value of the claim does not exceed 1 million rubles. Consequently, if the price of the claim exceeds 1 million rubles, then the plaintiff will have to pay a state fee.

Watch the video. How to file a lawsuit yourself:

Filing a claim in court

Going to court is considered the most effective method of resolving conflicts or disputes. In order for the result of going to court to be positive for the plaintiff, it is necessary to take writing the application seriously. It is important to fulfill the requirements for writing a claim (Article 131 of the Code of Civil Procedure of the Russian Federation).

In accordance with the norms of Russian legislation, an application to the court must be made in writing. It consists of several main points. It is important to accurately write the details of the parties to the claim.

Important! What information must be recorded in the statement of claim:

  • full name, as well as details of the court to which the claim is being sent;
  • complete information about the applicant: full name, registration address or actual place of residence, telephone number. If the plaintiff is a legal entity, its details, registration address or address of the place of business activity will be required.
  • the document also contains information about other persons participating in the process (defendant, representative of the plaintiff, third parties);
  • the cost of the claim is indicated, that is, the monetary expression of the demands put forward by the applicant;
  • the circumstances due to which the client decided to go to court;
  • the content of the plaintiff’s demands, described in narrative form, confirmation of the applicant’s legal position, links to regulatory documents;
  • direct statement of requirements;
  • list of papers attached to the application;
  • date of writing the application.

The document is signed directly by the plaintiff himself.

In some cases, when his legal representative acts on behalf of the plaintiff, he can independently sign the document. A copy of the power of attorney to represent the interests of the plaintiff is submitted to the court along with all other papers.

ATTENTION! Look at the completed sample application for the return of goods of good quality:

Types of factory defects

The following defects may be grounds for conducting an examination for manufacturing defects:

  • Fur comes off, except in cases of trimming (minor loss of hairs at the seams) and violation of the rules of operation and storage. The reason for the “shedding” of a fur coat can only be determined by conducting an independent examination.
  • The product began to smell bad. The cause of the unpleasant odor is poor quality processing of hides and the use of poor raw materials in production.
  • The skin is painted. If, upon contact with fur, traces of paint remain on your hands, there is a manufacturing defect on your face, which is unlikely to go away as a result of dry cleaning.
  • Mechanical damage. Only an examination can establish the cause of tears in the seams and deformation of the lining.
  • Natural defects in the skin, lint, and slight rustling are not considered manufacturing defects; accordingly, a fur coat with such defects can be exchanged only within 14 days. Also, shedding is not considered a marriage. Changing color over time is natural for natural materials, which is worth considering when purchasing.

Legal expiration date for a mink coat

If moisture gets in, shake it to remove drops of water from the base of the fur, preventing it from penetrating into the structure of the fur, then place the product on a hanger, ensuring uniform drying on both sides, and dry well at room temperature. The use of heating devices and sunlight is not allowed.

  • During use of the product, if you need to sit down, distribute the fur evenly and make sure that it does not gather under you in folds or lumps, straighten it, eliminating the tension and smoothing it with your hands along the pile. In wet weather, with narrow or straight styles, it is highly advisable to unbutton the product from the bottom to the waistline, removing excess tension.
  • Expensive and soft furs should be stored in a cool place. In most large cities you can find a similar service from specialized companies and dry cleaners.

The time frame before which the buyer of a fur product discovered any defects in the purchased product and demanded from the seller (or manufacturer) a refund, replacement of the product or repair is called the warranty period.

With the onset of the appropriate climatic season (for fur coats this is the winter season), the warranty period for fur products begins to apply. Experts advise purchasing mink fur coats directly from the manufacturer.

In this case, the warranty period for the mink fur product will be definitely established. Also, if the quality of the mink coat is high, then the warranty period will be longer. The guarantee for a simple mink coat is 1 year.

But, if the copy is exclusive, then the period may be longer. Sometimes mink coats are guaranteed for one season, that is, from November 1 to March 1.

The lifespan of a fur product and what it depends on

How to do it? Guest There is a cross section on the mink coat, there is a hook on the yoke under the bust, there are a lot of seams, is this a defect and will it be possible to return it? Guest There is a cross section on the mink coat, there is a hook on the yoke under the bust, there are a lot of seams, is this a defect and will it be possible to return it? Guest I bought a sheepskin coat, a day later I discovered a stain, the sellers claim that it was not there when I bought it! How to be??? Guest Good afternoon! What should you do with a fur coat if, after purchasing it in a store, the fur coat begins to tear around the loops during three weeks of wear? Guest The fur coat is guaranteed for a year, the year is not over yet and the lint has begun to fall out from the side.

The lifespan of a fur product and what it depends on

Before purchasing a fur product, you need to decide how many years you plan to wear it. The wearing period depends on the type of fur and its quality. The secrets of the quality of fur and its distribution into categories depending on wearability will be discussed further.

Sorting fur by quality

There are three main characteristics by which the skin is classified as a certain grade. Thus, the highest grades include skins that meet the following conditions:

    fur density (number of hairs per unit area) correct structure minimum number of defects, which in finished form is determined by the amount of trimming, i.e. small seams in place of cut out flaws.

All other, very diverse and numerous professional characteristics (for example, fur parameters in terms of its quality, affecting the price) divide the skins into groups within the variety.

Wearability

The durability of a fur product is determined by the combination of the wear resistance of the hair and leather tissue and the strength of the bond between the hair and it. Leather tissue lasts much longer than hair. Therefore, the balance of the quality of these two factors in conjunction with natural properties must be considered to determine the durability of the finished product.

All furs are divided into 5 groups, where the first is the most wearable and then in descending order of wear:

1 groupotter, beaver, cat
2nd groupastrakhan fur, muskrat, mink
3 groupsable, marten, sheepskin, sand squirrel, smushka
4 groupermine, squirrel, rabbit
5 grouphare, mole, gopher, hamster

Average service life:

  • for hats -3-6 l.
  • for outerwear – 5-8 l.

However, this concept is conditional. It is customary to determine wear life, as well as wear resistance, not by calendar years, but by seasons. One season is an average of 4 months.

The durability of fur products also depends on their manufacture. In addition, dyed fur products lose about 10-20% of their strength. Haircut, on the contrary, increases the durability of fur by 20-30%.

Wear resistance

The service life of the product directly depends not only on the wearability of the fur, but also on wear resistance in general. When assessing the quality of fur, the density, height and shine of the hair, the strength of its color, color and softness, as well as the strength, softness and ductility of the leather fabric when stretched are analyzed.

The wear resistance of the fur determines the service life of the product. The most durable fur is otter fur. A fur coat made from this fur will last about 20 seasons, from a river beaver - 18, from a fur seal - 15 - 17 seasons. The service life of mink products is 10 years, fur coats made from marten, astrakhan fur and blue fox are 7, nutria and fox are 5. Less durable is the fur of squirrel and marmot (4 seasons in total), as well as rabbit (2 seasons).

Quality of workmanship

The quality of the finishing is determined by physical parameters (optimal thickness, tensile strength of the core) and chemical parameters (absence of foreign odors, strength of pile fixation, elasticity).

The condition of the flesh and its strength, as well as the elasticity of the pile, are determined by residual fat. If it is deficient, the flesh will become dry and begin to produce a “parchment-like” rustling sound. And if there is an excess of residual fat, the pile will look untidy, greasy, and in this case, repulsive “animal” odors may appear.

The strength of the fastening of the pile in the core may depend on chemical and mechanical processes. If the mesh is trimmed by more than 0.8 mm and then stretched, then the grip of the hair follicle weakens and the pile begins to fall out.

An extreme variant of such a flaw and one of the biggest defects is stitching.

In this case, the hair follicles are cut off, and the pile falls out immediately (naturally, there are no root thickenings on the fallen villi - they are cut off).

The other extreme is the inner layer, which is from 1.7 to 2.3 mm thick, depending on the type of fur (for example, in large male nutria, the inner layer is 0.3-0.6 mm thicker than in females and is subject to additional processing), when the hair the bulbs are located very deep.

An overly thick core of the workpiece can also be observed if the personnel involved in the dressing are insufficiently qualified, which does not allow making the core as thin as possible.

Due to these reasons, the weight of finished products increases, and their plasticity, on the contrary, decreases.

Fur blanks that have been stored for a long time most often lose quality in many respects. First of all, the leather tissue becomes hard and brittle.

All these indicators are important for determining the service life of the product. Deviation from the norm of any of them may affect how long the product will serve. The higher all the indicators that we talked about are, the longer the product made from natural fur will serve you. When choosing a fur coat, consider the wearing periods of different types of fur.

Source: https://www.pokupkalux.ru/article/srok_jizni_mehovogo_izdeliya.html

At the time of buying

Choice is an important point in purchasing an expensive item. Therefore, it is worth initially approaching this process responsibly. You will not waste time if you learn in advance about some of the nuances of purchasing fur products.

Fake

Even in a brand store there is a risk of purchasing an item that does not meet the declared quality. A rabbit may be passed off as a mink, the skins may be of poor quality, and there are other cases of fraud. Therefore, at the time of purchase, be guided by the available control methods:

  • require the provision of all documents that will prove the quality of the fur products offered;
  • check certificates of conformity;
  • find out about the availability of supply contracts;
  • check the manufacturer's data, which the seller must have.

Remember: you cannot be denied these demands, as they are legal.

A mandatory condition for the sale of fur products is marking with special chips (the rule is valid from 08/12/2016). If there is no chip or the seller refuses to provide the necessary information, contact the territorial branch of the Federal Tax Service, this issue is under their jurisdiction.

Where to buy

The place where you are going to buy a fur coat does not matter. From the point of view of legislation, an expensive brand store, a fur fair or a boutique on the market bear equal responsibility for the quality of the products sold.

This is stated in the same Resolution No. 55, paragraph 10. Consumer rights will be equally protected regardless of the place of purchase.

Timely verification of compliance documents and quality certificates will help in choosing real fur, but does not cancel your right to return/change a fur coat under certain circumstances. Let's find out how and in what time frame this should be done.

Law

In most cases, in specialized stores, all fur products look very luxurious and elegant, but this does not mean that all of them are of high quality and will serve their owners for a long time.

Very soon after the purchase, it may turn out that it has defects, successfully hidden by sellers from the eyes of buyers. For example, the seams of a short mink fur coat begin to come apart, light-colored fur coats may turn yellow, the pile falls off, and bald spots and bald patches appear.

And if a high-quality fur coat made from real mink can serve its owner for about 10 years, then a low-quality product can wear out in just 2-3 years. And if instead of mink skins you were given a dyed marmot or fur of unknown origin, then you shouldn’t hope for long-term use of such a sheepskin coat. Not only will you overpay for a fake, but you will also not be able to wear such an outfit for a long time.

Return of defective mink coat

Reasons why a mink coat may be considered poor quality:

  • Manufacturing defect;
  • Defective coverage;
  • Malfunction of individual elements or parts;
  • Other defects that prevent full use of the product.

The following fundamental circumstances influence the return of a mink coat:

  • Is there a warranty, its duration and whether it has expired;
  • Is there a standard service life and has it expired?

Return of low-quality mink coat during the warranty period

If a defect is detected, you can do the following:

  • According to paragraph 1 of Art. 18 of the PLA to demand full compensation for losses caused by defective goods;
  • According to paragraph 1 of Art. 18 of the PLA, demand a refund of the money for the mink coat, refusing to fulfill the purchase and sale agreement;
  • According to paragraph 1 of Art. 18 of the PLA to demand compensation for the difference between the price of the goods at the time of satisfaction of the claim and the cost of the goods according to the purchase and sale agreement.

How many and what shortcomings are not important in this case. If the defects did not arise through the fault of the buyer, he has the right to return the goods with any defect.

Return deadlines

According to para. 1 clause 1 art. 19 PZPP, the period for returning a mink coat in this case = any period before the expiration of the warranty.

Refund period

According to Art. 22 ZZPP return money for a mink coat of inadequate quality, for which the warranty has not expired = 10 days from the date of presentation of the claim.

Who to make demands on

According to paragraph 2 of Art. 18 of the PLA, demands for the return of the amount paid and refusal to execute the purchase and sale agreement can be submitted:

  • an authorized individual entrepreneur or an authorized organization – i.e. persons authorized by the seller or manufacturer to accept and satisfy customer requirements for goods of inadequate quality.
  • seller - an organization that sells goods to consumers under a sales contract, regardless of its organizational and legal form, as well as an individual entrepreneur;

According to paragraph 3 of Art. 18 of the PLA, demands for return can be made:

  • importer - an organization that imports goods into the Russian Federation for their subsequent sale;
  • to the manufacturer - the manufacturer of this product;

Required documents

To make a return, the following documents are required:

  • passport of a citizen of the Russian Federation;
  • contract of sale;
  • document confirming the purchase of a mink coat (cash or sales receipt, non-cash payment receipt).

According to paragraph 5 of Art. 18 of the PZPP, the absence of a document that certifies the fact of purchase (cash, sales receipt or non-cash payment receipt) is not a basis for refusing to satisfy the request for a refund. Those. A mink coat can be returned without a receipt.

Proof of the circumstances of the marriage

According to para. 2 clause 6 art. 18 of the PLA, if there is a guarantee, the seller or his authorized person is responsible for all shortcomings of the mink coat, unless he proves that they arose:

  • After transfer of the goods to the buyer;
  • Due to violation by the buyer of the rules of transportation, storage or use of the goods, as well as due to the actions of third parties or force majeure circumstances.

Actions of the buyer if the seller agrees to return

  1. Negotiate with the seller or his authorized representative.

Currently, sellers are increasingly customer-oriented in order to issue a refund for a defective mink coat if there is an obvious defect.
Therefore, the first thing you should do when you come to the store is to contact the seller with a problem. Usually, even if the seller agrees to return the warranty product, a number of additional procedures are required.

  1. Write a claim to return the goods

It is necessary to legally correctly draw up a claim demanding termination of the contract of sale of defective goods.

Sample claim for return of goods of inadequate quality
  1. Return of low-quality mink coat

If the seller refuses to fulfill the purchase and sale agreement, then the buyer or his authorized person has the right to demand the return of the defective mink coat to the store. At the same time, according to clause 5 of Art. 503 of the Civil Code of the Russian Federation, the costs of returning the goods are borne by the seller or his authorized person.

  1. Get money

The following factors need to be taken into account:

  • According to Art. 22 of the PZPP, the period for returning funds is no more than 10 days from the date of presentation of the claim;
  • According to paragraph 5 of Art. 503 of the Civil Code of the Russian Federation, when returning the amount paid to the buyer, the seller does not have the right to withhold from it the amount of money by which the value of the goods has decreased due to its full or partial use, loss of marketability or other circumstances;
  • According to paragraph 4 of Art. 24 of the PLA, the buyer may demand compensation for the difference between the cost of the goods at the time of purchase and the price at the time of return;
  • According to paragraph 6 of Art. 24 of the PZPP, in the case of purchasing goods through a consumer credit or loan, the seller must return to the buyer, in addition to money, the interest paid and other payments under the loan agreement.

Buyer's actions if the seller does not agree to return

  1. Write a claim to return the goods

It is necessary to legally correctly draw up a claim demanding termination of the contract of sale of defective goods.

Sample claim for return of goods of inadequate quality
  1. Product quality check

The seller or his authorized person checks the quality of the goods based on the following conditions:

  • The inspection period is up to 10 days from the date of filing the claim;
  • All inspection costs are borne by the seller;
  • The buyer may participate in the inspection.
  1. Quality examination

If, after checking the quality of the product at the previous stage, the seller believes that the shortcomings cited in the complaint arose due to the fault of the consumer, then the seller must conduct an examination of the mink coat based on the following conditions:

  • The inspection period is up to 10 days from the date of filing the claim;
  • All inspection costs are borne by the seller;
  • The buyer may be present during the inspection.

After this, the seller must familiarize the buyer with the results of the examination. In this case, the consumer can challenge the expert opinion in court.

According to paragraph 5 of Art. 18 of the PZPP, if as a result of the examination it is revealed that the defect occurred due to circumstances for which the seller is not responsible, the buyer is obliged to reimburse the cost of the examination, as well as all other costs associated with it (storage and transportation).

  1. Go to court

If the seller refuses to satisfy the consumer’s demands pre-trial, then it is necessary to go to court. Conducting cases in court requires the participation of a qualified lawyer. Therefore, you should contact a professional.

  1. Execution of a court decision

If the buyer wins the court case, and the seller refuses to voluntarily comply with the court decision, then the consumer can take one of the following actions:

  • Contact the bank where the seller has an account and send there the enforcement document;
  • Contact the Federal Bailiff Service of the Russian Federation, which is entrusted with the functions of enforcing judicial acts.
  1. Get money

The following factors need to be taken into account:

  • According to Art. 22 of the PZPP, the period for returning funds is no more than 10 days from the date of presentation of the claim;
  • According to paragraph 5 of Art. 503 of the Civil Code of the Russian Federation, when returning the amount paid to the buyer, the seller does not have the right to withhold from it the amount of money by which the value of the goods has decreased due to its full or partial use, loss of marketability or other circumstances;
  • According to paragraph 4 of Art. 24 of the PLA, the buyer may demand compensation for the difference between the cost of the goods at the time of purchase and the price at the time of return;
  • According to paragraph 6 of Art. 24 of the PZPP, in the case of purchasing goods through a consumer credit or loan, the seller must return to the buyer, in addition to money, the interest paid and other payments under the loan agreement.

If a mink coat is returned in court, then:

  • The court decision establishes the amount of recovery;
  • The return period is regulated by legislation on enforcement proceedings.
  1. Return of low-quality mink coat

If the seller refuses to fulfill the purchase and sale agreement, then the buyer or his authorized person has the right to demand the return of the defective mink coat to the store. At the same time, according to clause 5 of Art. 503 of the Civil Code of the Russian Federation, the costs of returning the goods are borne by the seller or his authorized person.

Return of low-quality mink coat after the warranty period for 2 years

If the warranty period has expired or is not established, the consumer can still return the defective mink coat to the store.

If any defects are found, the buyer may:

  • According to paragraph 1 of Art. 18 of the PLA to demand full compensation for losses caused by defective goods;
  • According to paragraph 1 of Art. 18 of the PLA, demand a refund of the money for the mink coat, refusing to fulfill the purchase and sale agreement;
  • According to paragraph 1 of Art. 18 of the PLA to demand compensation for the difference between the price of the goods at the time of satisfaction of the claim and the cost of the goods according to the purchase and sale agreement.

How many and what shortcomings are not important in this case. If the defects did not arise through the fault of the buyer, he has the right to return the goods with any defect.

Return deadlines

According to clause 1, clause 5 of Art. 19 of the PDO, the period for returning a mink coat in this case is 2 years from the date of transfer.

Refund period

According to Art. 22 ZZPP return money for a mink coat of inadequate quality, for which the warranty has not expired = 10 days from the date of presentation of the claim.

Who to make demands on

According to paragraph 2 of Art. 18 of the PLA, demands for the return of the amount paid and refusal to execute the purchase and sale agreement can be submitted:

  • an authorized individual entrepreneur or an authorized organization – i.e. persons authorized by the seller or manufacturer to accept and satisfy customer requirements for goods of inadequate quality.
  • seller - an organization that sells goods to consumers under a sales contract, regardless of its organizational and legal form, as well as an individual entrepreneur;

According to paragraph 3 of Art. 18 of the PLA, demands for return can be made:

  • importer - an organization that imports goods into the Russian Federation for their subsequent sale;
  • to the manufacturer - the manufacturer of this product;

Required documents

To make a return, the following documents are required:

  • passport of a citizen of the Russian Federation;
  • contract of sale;
  • document confirming the purchase of a mink coat (cash or sales receipt, non-cash payment receipt).

According to paragraph 5 of Art. 18 of the PZPP, the absence of a document that certifies the fact of purchase (cash, sales receipt or non-cash payment receipt) is not a basis for refusing to satisfy the request for a refund. Those. A mink coat can be returned without a receipt.

Proof of the circumstances of the marriage

According to para. 1 clause 6 art. 18 PZPP and clause 5 of Art. 19 of the PDO, the consumer must prove that the defects arose before the transfer of the mink coat.

Actions of the buyer if the seller agrees to return

  1. Negotiate with the seller or his authorized representative.

Currently, sellers are increasingly customer-oriented in order to issue a refund for a defective mink coat if there is an obvious defect.
Therefore, the first thing you should do when you come to the store is to contact the seller with a problem. Usually, even if the seller agrees to return the warranty product, a number of additional procedures are required.

  1. Write a claim to return the goods

It is necessary to legally correctly draw up a claim demanding termination of the contract of sale of defective goods.

Sample claim for return of goods of inadequate quality
  1. Return of low-quality mink coat

If the seller refuses to fulfill the purchase and sale agreement, then the buyer or his authorized person has the right to demand the return of the defective mink coat to the store. At the same time, according to clause 5 of Art. 503 of the Civil Code of the Russian Federation, the costs of returning the goods are borne by the seller or his authorized person.

  1. Get money

The following factors need to be taken into account:

  • According to Art. 22 of the PZPP, the period for returning funds is no more than 10 days from the date of presentation of the claim;
  • According to paragraph 5 of Art. 503 of the Civil Code of the Russian Federation, when returning the amount paid to the buyer, the seller does not have the right to withhold from it the amount of money by which the value of the goods has decreased due to its full or partial use, loss of marketability or other circumstances;
  • According to paragraph 4 of Art. 24 of the PLA, the buyer may demand compensation for the difference between the cost of the goods at the time of purchase and the price at the time of return;
  • According to paragraph 6 of Art. 24 of the PZPP, in the case of purchasing goods through a consumer credit or loan, the seller must return to the buyer, in addition to money, the interest paid and other payments under the loan agreement.

Buyer's actions if the seller does not agree to return

  1. Write a claim to return the goods

It is necessary to legally correctly draw up a claim demanding termination of the contract of sale of defective goods.

Sample claim for return of goods of inadequate quality
  1. Product quality check

The seller or his authorized person has the right to check the quality of the goods based on the following conditions:

  • The inspection period is up to 10 days from the date of filing the claim;
  • All inspection costs are borne by the seller;
  • The buyer may participate in the inspection.

If the seller refuses to check the quality, then you should proceed to an examination of the quality of the mink coat.

  1. Quality examination

If, after checking the quality of the goods at the previous stage, the seller believes that the defects cited in the complaint arose due to the fault of the consumer or the seller refused to check the quality of the goods, then according to clause 6 of Art. 18 of the PLA, the buyer, at his own expense, must conduct an examination of the mink coat in order to establish the causes of the defects.

According to paragraph 1 of Art. 18 of the PLA, if as a result of the examination it is revealed that the defect occurred due to circumstances that occurred before the transfer of the goods to the buyer, the seller is obliged to reimburse the cost of the examination, as well as all other expenses associated with it (storage and transportation).

After this, the buyer must familiarize the seller with the results of the examination. In this case, the consumer can challenge the expert opinion in court.

  1. Go to court

If the seller refuses to satisfy the consumer’s demands pre-trial, then it is necessary to go to court. Conducting cases in court requires the participation of a qualified lawyer. Therefore, you should contact a professional.

  1. Execution of a court decision

If the buyer wins the court case, and the seller refuses to voluntarily comply with the court decision, then the consumer can take one of the following actions:

  • Contact the bank where the seller has an account and send there the enforcement document;
  • Contact the Federal Bailiff Service of the Russian Federation, which is entrusted with the functions of enforcing judicial acts.
  1. Get money

The following factors need to be taken into account:

  • According to Art. 22 of the PZPP, the period for returning funds is no more than 10 days from the date of presentation of the claim;
  • According to paragraph 5 of Art. 503 of the Civil Code of the Russian Federation, when returning the amount paid to the buyer, the seller does not have the right to withhold from it the amount of money by which the value of the goods has decreased due to its full or partial use, loss of marketability or other circumstances;
  • According to paragraph 4 of Art. 24 of the PLA, the buyer may demand compensation for the difference between the cost of the goods at the time of purchase and the price at the time of return;
  • According to paragraph 6 of Art. 24 of the PLA, in the case of purchasing goods through a consumer credit or loan, the seller must return to the buyer, in addition to money, the interest paid and other payments under the loan agreement.

If a mink coat is returned in court, then:

  • The court decision establishes the amount of recovery;
  • The return period is regulated by legislation on enforcement proceedings.
  1. Return of low-quality mink coat

If the seller refuses to fulfill the purchase and sale agreement, then the buyer or his authorized person has the right to demand the return of the defective mink coat to the store. At the same time, according to clause 5 of Art. 503 of the Civil Code of the Russian Federation, the costs of returning the goods are borne by the seller or his authorized person.

Return of low-quality mink coat after the warranty period after 2 years from the date of purchase

According to paragraph 6 of Art. 19 PZPP, if the defect in the product cannot be eliminated or repairs are not made within 20 days, the mink coat can be returned.

Return deadlines

According to paragraph 6 of Art. 19 PZPP, a return can be made within:

  • Product service life;
  • If the service life is not established, then within 10 years from the date of transfer of the goods to the consumer.

Refund period

According to Art. 22 ZZPP return money for a mink coat of inadequate quality, for which the warranty has not expired = 10 days from the date of presentation of the claim.

Who to make demands on

According to paragraph 2 of Art. 18 of the PLA, demands for the return of the amount paid and refusal to execute the purchase and sale agreement can be submitted:

  • an authorized individual entrepreneur or an authorized organization – i.e. persons authorized by the seller or manufacturer to accept and satisfy customer requirements for goods of inadequate quality.
  • seller - an organization that sells goods to consumers under a sales contract, regardless of its organizational and legal form, as well as an individual entrepreneur;

According to paragraph 3 of Art. 18 of the PLA, demands for return can be made:

  • importer - an organization that imports goods into the Russian Federation for their subsequent sale;
  • to the manufacturer - the manufacturer of this product;

Required documents

To make a return, the following documents are required:

  • passport of a citizen of the Russian Federation;
  • contract of sale;
  • document confirming the purchase of a mink coat (cash or sales receipt, non-cash payment receipt).

According to paragraph 5 of Art. 18 of the PZPP, the absence of a document that certifies the fact of purchase (cash, sales receipt or non-cash payment receipt) is not a basis for refusing to satisfy the request for a refund. Those. A mink coat can be returned without a receipt.

Proof of the circumstances of the marriage

According to Art. 6 19 of the PDO, the consumer must prove that the defects arose before the transfer of the mink coat.

Actions of the buyer if the seller agrees to return

  1. Negotiate with the seller or his authorized representative.

It is necessary to contact the seller and explain what the defect is and how it manifests itself. Then you need to offer to repair the product. Sometimes at this stage the seller agrees to return the money.

  1. Write a claim for free elimination of defects

If the seller does not want to return the money, then it is necessary to file a claim for gratuitous elimination of the defects.

If the demand is not satisfied within 20 days or the defect cannot be repaired, then in accordance with clause 6 of Art. 19 PZPP you need to apply for a refund.

  1. Write a claim to return the goods

The buyer must legally correctly write a claim for a refund.

Sample claim for return of goods of inadequate quality
  1. Return of low-quality mink coat

The buyer must return the defective product to the seller.

  1. Get money

The following factors need to be taken into account:

  • According to Art. 22 of the PZPP, the period for returning funds is no more than 10 days from the date of presentation of the claim;
  • According to paragraph 5 of Art. 503 of the Civil Code of the Russian Federation, when returning the amount paid to the buyer, the seller does not have the right to withhold from it the amount of money by which the value of the goods has decreased due to its full or partial use, loss of marketability or other circumstances;
  • According to paragraph 4 of Art. 24 of the PLA, the buyer may demand compensation for the difference between the cost of the goods at the time of purchase and the price at the time of return;
  • According to paragraph 6 of Art. 24 of the PZPP, in the case of purchasing goods through a consumer credit or loan, the seller must return to the buyer, in addition to money, the interest paid and other payments under the loan agreement.

Buyer's actions if the seller does not agree to return

  1. Write a claim for free elimination of defects

If the seller does not want to return the money, then it is necessary to file a claim for gratuitous elimination of the defects.
If the demand is not satisfied within 20 days or the defect cannot be repaired, then in accordance with clause 6 of Art. 19 PZPP you need to apply for a refund.

  1. Quality examination

If, after checking the quality of the product at the previous stage, the seller believes that the defects cited in the complaint arose due to the fault of the consumer, then the buyer, at his own expense, must conduct an examination of the mink coat in order to establish the causes of the defects.

  1. Write a claim to return the goods

If, based on the results of the examination, it turns out that the defect existed before the goods were transferred to the consumer, then he needs to legally correctly write a claim for a refund.

Sample claim for return of goods of inadequate quality
  1. Go to court

If the seller refuses to satisfy the consumer’s demands pre-trial, then it is necessary to go to court. Conducting cases in court requires the participation of a qualified lawyer. Therefore, you should contact a professional.

  1. Execution of a court decision

If the buyer wins the court case, and the seller refuses to voluntarily comply with the court decision, then the consumer can take one of the following actions:

  • Contact the bank where the seller has an account and send there the enforcement document;
  • Contact the Federal Bailiff Service of the Russian Federation, which is entrusted with the functions of enforcing judicial acts.
  1. Return of low-quality mink coat

The buyer must return the defective product to the seller.

  1. Get money

The following factors need to be taken into account:

  • According to Art. 22 of the PZPP, the period for returning funds is no more than 10 days from the date of presentation of the claim;
  • According to paragraph 5 of Art. 503 of the Civil Code of the Russian Federation, when returning the amount paid to the buyer, the seller does not have the right to withhold from it the amount of money by which the value of the goods has decreased due to its full or partial use, loss of marketability or other circumstances;
  • According to paragraph 4 of Art. 24 of the PLA, the buyer may demand compensation for the difference between the cost of the goods at the time of purchase and the price at the time of return;
  • According to paragraph 6 of Art. 24 of the PZPP, in the case of purchasing goods through a consumer credit or loan, the seller must return to the buyer, in addition to money, the interest paid and other payments under the loan agreement.

If a mink coat is returned in court, then:

  • The court decision establishes the amount of recovery;
  • The return period is regulated by legislation on enforcement proceedings.

How are furs purchased from an online store returned?

Products purchased on the Internet are the same goods as store-bought ones. Therefore, everyone has the right to return it. The main thing is to know how to act. If you ordered a fur coat in a regular store with online delivery, then the timing and sequence of actions will be standard; such a case is not considered distance selling.

If you made a remote purchase in an online store, the rules change somewhat:

  • You can refuse a quality item during the entire time until it is delivered to you. You are not required to explain the reason for refusal, and do not incur any costs until you receive your order.
  • If after receiving it you do not like it (does not fit in size, color, style), then you will have a week to return it. But shipping costs if there is no defect in the product are borne by the buyer.
  • If defects are detected, the fur product can be returned during the entire warranty period or within 2 years if one has not been established (that is, as in the situation with stationary points). But you will be able to get the full amount back only after your parcel is delivered to the online store.

When identifying deficiencies, proceed according to the scheme described above: negotiations, examination, and if you refuse to accept a low-quality item, go to court.

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