How to return a faulty product without a receipt. Is it possible to return an item without a receipt? Can! ○ Is it worth filling out an application for the loss of a check?

Good afternoon, dear readers.

Today we will talk about the fact that not everything written is true, especially if it is written in stores. As an example, price tags and real prices. You are required to sell the product at the price indicated on the price tag, and not somewhere in the database or the price that appears at the checkout. Also, the store administration is responsible for the things that you left in the storage room and cannot prohibit you from entering the hall with a bag. And the most important thing is that a receipt is not required to return goods.

Oh, how many friends and acquaintances have fallen for this bait - “we can’t accept you without a check.” It’s okay in the middle of nowhere, but in million-plus cities they pay for a lot of things with cards - it’s easy to confirm the fact of purchase. How to do this without a card and under what laws you are required to accept goods without a receipt and under what conditions - read the article.

Returning goods without a receipt of proper quality

If you are not satisfied with an item purchased in a store, the Law (Federal Law “On the Protection of Consumer Rights” dated 02/07/1992 No. 2300-I) provides the right to return it. To do this, you need to contact the seller from whom the product was purchased within 14 days, not counting the day of purchase. The consumer's right to return goods of proper quality is exercised if certain conditions are met. In particular:

the product has not been used;
the presentation of the item has been preserved;
the product has not lost its consumer properties;
seals and factory labels are present;
salable or cash receipt or other document confirming payment.

The last condition often confuses the consumer, because not everyone is used to carefully storing receipts received in the store. So what do you need to remember in this case?

Firstly, as directly stated in Article 25 of the Law, in addition to the usual cash or sales receipts, you can present another document confirming payment. This could be a receipt for a tear-off coupon, a receipt for a receipt cash order, instruction manual, properly executed technical passport, user manual, as well as other documents that contain information about the seller, the date of purchase of the product, its name and cost.

Even elements of containers and packaging that indicate the purchase of goods from a specific seller can act as evidence when returning goods without a receipt.

Secondly, if absolutely no documents about the purchase have been preserved, you are not deprived of the opportunity to refer to witness testimony. Both the person who accompanied you during shopping and the seller who remembers you can act as a witness. The latter, oddly enough, is not at all uncommon in practice, unless the cashiers and hall employees are instructed in advance by the employer not to “remember” the client.

The algorithm for returning goods of good quality without a receipt is as follows.

Complete the application in two copies.

In the header of the document, indicate the name and details of the seller (store, individual entrepreneur). Typically, such information is contained in the receipt, but since you do not have one, you will have to visit the retail outlet where you purchased the goods and check the information on the spot. Also indicate your last name, first name, patronymic and contact information.
In the text of the application, write when and what goods were purchased, for what price. Please indicate that the item did not suit you based on one of the following characteristics:
Please note that this list is closed, so no other reasons should be provided. Fortunately, at least one of the mentioned characteristics can be found in any product, even if the reason for the return was not its failure to meet your expectations, but, for example, you simply felt sorry for the money you spent.

Mention the document that confirms the fact of purchase, if you have one. If there are no documents, it is better not to write anything about this, including not focusing on the absence of a receipt.
In conclusion, formulate a requirement to exchange the product for a similar one, but different in shape, dimensions, style, color, size or configuration. Often, the consumer is not interested in an exchange at all, but (as in the case of regretting money spent), returning the product and receiving back the amount paid for it. To achieve exactly this scenario, it is enough to demand for exchange a product of such a characteristic that the seller does not have in stock.
Sign the application, put the current date or the date when you plan to contact the seller directly (remember that you only have 14 days).

Go to the retail outlet where the product was purchased. Ask to invite the person who is responsible for returning and exchanging goods (usually a merchandiser or a store manager if the store is small). If you do not have a receipt or document confirming the purchase, bring with you a witness who will confirm that the goods were purchased here. Give the seller one copy of the return application, and ask for a receipt on the other. The receipt includes legibly specified date, position, surname, initials, signature.

Events may develop according to a different scenario, for example, it is possible that in a store you will be asked to present your passport and fill out an application for the loss of a receipt.

Strictly speaking, you are not obliged to fulfill either requirement, although if you follow the procedure established by a particular seller, the process of returning goods without a receipt will result in less time and nerves.

Of course, in order to return an item to the store, you need at least some degree of self-confidence. If you clearly don’t have enough of it, I recommend that before going to the store, you go through at least a few exercises from R. Kirranov’s book “How to become more confident in yourself in 3 months.”

As for the passport, you are asked for it if you are handing over the goods on a date other than the day of purchase, because this is necessary for accounting. However, if for some reason you cannot provide this document, the seller does not have the right to refuse to accept the goods on this basis.

If it seems to you that the possibility of returning without a receipt is a convenient option for unscrupulous citizens who actually did not purchase the goods at this outlet, believe me that this is not so. Store employees can use the cash register to check the tape for the day of purchase and find the remaining copy of the receipt. So the deception will immediately be revealed.

If you have complied with all the conditions mentioned above, the seller is obliged to exchange the goods or return your money when the exchange is not possible. If this does not happen in reality, contact your local consumer protection society, where they will help you with drawing up a statement of claim.

All of the above does not apply to some goods that are not subject to return or exchange, regardless of whether the consumer has a receipt or not. These are, for example, cosmetics and perfumes, textile goods, furniture and others. The list of goods that cannot be returned was approved by Decree of the Government of the Russian Federation of January 19, 1998 No. 55.

Returning goods of inadequate quality without a receipt

If you purchased a product that turns out to be of poor quality, you can also return the product to the store without a receipt, requesting:

replacement of goods (with or without recalculation of the purchase price);
or a refund for your purchase.

In addition, you have the right to make claims not related to the return of goods without a receipt:

to reduce the purchase price in proportion to the identified deficiency;
on eliminating deficiencies;
for reimbursement of expenses for eliminating deficiencies that you made on your own or by third parties;

Paragraph 5 of Article 18 of the Law directly states that if the consumer does not have:

cash receipt;
sales receipt;
another document certifying the fact and conditions of purchase of the goods - this circumstance cannot be a basis for refusal to satisfy the requirements mentioned above. The same testimony will come to the rescue.

To return a product of inadequate quality without a receipt, file a claim.

In the “header” of the document, indicate the name and details of the seller (store, individual entrepreneur), as well as your last name, first name, patronymic, address, phone number. If you wish, you can provide your passport details.
In the text of the claim, write when and what goods were purchased, for what amount, when and what shortcomings were identified in it. If you have any document that can confirm the fact and conditions of the purchase, refer to it. Otherwise, indicate that the receipt was lost and name a witness who was present when the goods were purchased and is ready to confirm your words.
Formulate one of the requirements discussed above in accordance with Article 18 of the Law.
Sign the claim and put the current date.

When returning goods of inadequate quality, please pay attention to the following circumstances:

a request to return a product (as well as other claims not related to a return) must be submitted before the expiration of the warranty period or expiration date. When such periods are not established - within a reasonable period of time within two years from the date of sale, unless the law or agreement establishes a longer period;
Requirements should be addressed to the seller. A claim can also be sent to the manufacturer or importer for the replacement of a product with an item of a different brand, model, article and for the return of money paid for the product;
for technically complex goods, the List of which is approved by Decree of the Government of the Russian Federation of November 10, 2011 No. 924, slightly different rules apply, which, however, do not affect the ability to return goods without a receipt.

Now you know how to return an item without a receipt. The main thing is not to lose confidence in your own rightness when negotiating with the seller. And remember that the Law is on your side.

Source: https://www.sun-hands.ru/23kak_vernut_tovar_bez_cheka.html

Returning goods without a receipt

When purchasing a product, any buyer has the right to return it back to the store if for any reason it turns out to be unsuitable for him. The buyer must write an application to submit it to the store administration.

At the same time, he is obliged to attach to the application the goods, a cash receipt, and, if available, a sales receipt. He has the right to exchange the goods for a new one, similar to the goods being handed over, which meets the needs of the buyer.

Why does a consumer need a cash receipt?

Many buyers are interested in the question: “is it possible to return a product without a receipt if the allotted period has expired”? When returning goods, stores require the buyer to present a cash receipt or sales receipt. In some cases, if the buyer does not have a receipt, they ask to submit any other document that confirms the fact that the goods were purchased from them and that payment has been made for it.

Although the seller's demands in such situations are illegal. In practice, there are cases when the seller accepts the goods at his own discretion. He returns the money taken from the buyer for the goods, but the buyer must provide evidence that the goods were purchased from him.

As a rule, most buyers, when making purchases, legally demand from sellers that they give them a cash receipt. If the buyer is a legal entity, then a check is required to prepare a report on the goods purchased by him for certain funds.

Cash receipt to an individual who purchased any product in the store may be needed when returning the purchased product. It serves as an evidence base, relieving the buyer of a lot of hassle when returning a product that is no longer necessary or simply does not suit him.

Application of a cash receipt in trade

Subjects entrepreneurial activity in the field of trade, according to legislative acts, they are required to use cash register equipment when selling consumer goods. The buyer, along with the purchased goods, is given a cash receipt of a certain form, which is the primary accounting document on paper.

A cash receipt confirms the payment in cash using a payment card for the product and contains information about it, which is registered by software and hardware. cash register equipment.

It ensures proper accounting Money when the payment is made, so the cash receipt is significant for the seller and the buyer. Issuing a check to the buyer is the responsibility of the seller. It contains the required details:

name of the product, its cost;
date of purchase by the buyer of the goods, time of purchase;
serial number of the cash receipt;
official name of the seller, his TIN, certificate of registration;
serial number of the cash register, stamped upon release;
legal address of registration cash register;
properties of the tax regime.

If you decipher the details, you can establish the validity of the purchase of the goods.

In addition, the information placed on the receipt allows the tax service to verify the seller’s compliance with:

rules for performing cash transactions;
cash handling;
monitoring the amount of revenue for specific periods of time.

In addition to the required details, it is allowed to post other information, for example, advertising. Any entrepreneur engaged in trade must correctly process cash transactions and correctly print out a cash receipt for issuance to the buyer.

If the details are not clearly printed, the operation of the device is suspended.

Consequences

The penalty for non-compliance with legislative acts regarding the issuance of a check or payment order by the seller is carried out in the form of a penalty, which can be replaced with a warning.

Moreover, it applies to the store administrator, if he has not previously been brought to administrative responsibility, has not committed an offense by issuing a payment order or cash receipt identified during the audit.

How is consumer rights protected?

In this case, in accordance with the instructions of the law, 14 days are allotted for returning the goods, which are counted from the day following the day of purchase of the goods. According to his instructions, the buyer has the right to return the goods, regardless of their quality, but only if certain conditions are met.

Moreover, he has the right to return the goods without a receipt, if he has not kept it in accordance with Article 18. Moreover, the absence of a cash receipt, another type of official paper certifying the fact of the transaction, the circumstances under which the goods were purchased, cannot serve as a basis for the seller’s refusal to satisfying the buyer's claims.

TO mandatory conditions acceptance of goods by the seller include:

the purchased product was not used for its intended purpose;
its presentation has not been lost;
the product has not lost its consumer properties;
The seals and labels on the product are not damaged.

If, for objective reasons, the buyer was unable to return the goods within the period specified above, and the seller does not accept it back, citing delay, then the buyer may file a claim with a court.

Sometimes the store meets the buyer halfway, offering him to exchange the goods, despite the expiration of the return period. In this situation, he is legally released from fulfilling any obligations.

Not everyone who has lost a cash receipt Russian citizen goes to the store to return a product he doesn’t like, taking into account the customer service in Russian stores. According to the instructions of the current consumer rights law, the goods must be accepted by the seller without a receipt issued at the checkout, because it is printed in two copies.

One receipt is given to the buyer, and the second remains in the store, so it will not be difficult to prove that it was purchased there. Upon receipt of the application, the seller is obliged to review the cash register tape to ensure that the buyer is correct. If the buyer cannot present a receipt, he can turn to witnesses, whose testimony is considered evidence.

However, according to legal acts not all types of goods can be returned or exchanged; these include personal items, bedding and underwear, pharmaceutical products, Stuffed Toys for children, goods for newborns, complex technical devices, publishing products. Full list of such goods is published in the same law.

If you refuse to accept goods without a receipt, you can contact the organization “RosPotrebNadzor”, “Society for the Protection of Consumer Rights” with a statement of claim. It must describe in detail the characteristics of the product; if there are defects identified after purchase, then indicate them.

Having received the application, these organizations consider it, analyze the reasons and take measures to prevent offenses. If disagreements cannot be resolved peacefully, they are resolved through legal proceedings.

Items sold at a discount or promotion can also be returned back, because according to legislative acts they are not exclusive. Usually these include things that are out of fashion. They indicate that it cannot be returned or exchanged. The buyer has the right to return the goods purchased at a discount within the period prescribed by law if he changes his mind about keeping it.

Buyer's actions when making a return - what items can be returned without a receipt

To return a product without a receipt, you must submit an application to the store administration, indicating its name, details, personal data, address, and contact phone number. Its contents describe the product, when it was purchased, the date, defects of the product, the time they were discovered, its cost. It should also be noted that the check was lost.

Often, the seller, having received an application for the return of a product under warranty service that does not satisfy the buyer’s needs, asks to contact the technical center to conduct an inspection of the product for the presence of a defect.

If the examination confirms its non-compliance with mandatory standards, then the buyer will receive a refund or exchange it for another one. However this method Returns are acceptable within the warranty period. But all this must be done during the warranty period for the product.

If you purchased a product that turned out to be of poor quality, you can contact the seller with the following requirements:

replace it with another product, recalculate the cost if necessary;
return the money spent on it.

If the buyer intends to keep the product, he may demand that its value be reduced in proportion to the defect identified, that the defect be eliminated by repairing it, or that the cost of eliminating the defect be reimbursed.

If there are witnesses who were present during the purchase of the goods, you must provide information about them, but before writing the statement, you must obtain their consent to confirm the fact that took place. The application must be signed and dated.

Products without signs of defects

Returning a quality purchase is much easier. The law states that the buyer has the right to return the purchased goods within the approved period if certain reasons, such as the size does not suit the buyer, he is not satisfied with the color, style, shape, dimensions.

But in this case, a condition must be met - it must not be damaged by the buyer.

As for the exchange of goods in the absence of a receipt, the buyer is obliged to provide evidence of its purchase in the store to which he applied. In this situation, he can present:

warranty card;
barcode on product packaging;
witness's testimonies.

The buyer can receive the money spent for the purchase of goods if he presents a cash receipt, which is the basis for the transaction. The way out of this situation may be a duplicate that remains with the seller.

Important nuances - what is possible and what is not

Return of goods that do not meet the manufacturer’s stated qualities can be made:

before the end of the warranty period;
before the expiration date.

If the terms for both points are not approved, then it can be returned within two years from the date of its sale. The buyer has the right to contact both the seller and the manufacturer. When other deadlines are established by legislative acts or the purchase agreement during their duration.

Replacing a product with another, having a different brand, model, article or refunding costs is quite acceptable if it is included in the approved by Government decree Russian Federation scroll. This provision came into force in November 2011.

If the product has a quality that meets all the requirements, the seller will try to exchange it without returning the money. In this case, the buyer who wants to return his money must request a similar product. You need to know that the law has given the buyer rights under which he can return almost any product without a receipt.

Source: http://ipopen.ru/dlja-potrebitelej/vozvrat-tovara-bez-cheka.html

Returning goods without a receipt

In certain cases provided for by Russian legislation, the buyer has the right to return the goods to the seller, receiving back the money paid for it. However, in practice, cases arise when there are grounds for a return, but the buyer does not have a cash receipt.

This situation is not uncommon due to many reasons (for example, a receipt is easy to lose, there are frequent cases of non-issuance of a receipt by the seller, etc.). However, the absence of this document does not make it impossible to return the goods.

Cash receipt

A cash receipt is an accounting document obtained using cash register equipment and is confirmation of payment in cash. When receiving cash for a purchase, the seller is obliged to issue a receipt. This obligation follows from paragraph 1 of Article 5 of the Federal Law of May 22, 2003 N 54-FZ “On the Application of CCP”.

Returning goods without a receipt

The Civil Code of the Russian Federation in Article 493 establishes a rule according to which the fact of purchase and sale is considered completed, and the form of the corresponding agreement is observed, if the seller issues a check to the buyer.

The same article indicates the buyer’s ability to confirm the fact of purchase with the help of witnesses if the receipt is missing for some reason (lost by the buyer or not issued by the seller - it doesn’t matter).

Legal protection for returns without a receipt to the consumer is also provided by the law that directly regulates his rights (Article 18 of the Law of February 7, 1992 N 2300-1). It follows from paragraph 5 of this article that the seller does not have the right to refer to the absence of a receipt as a basis for refusing the buyer’s legal demand (including a refund for a defective product). Thus, we come to the conclusion that the protection of consumer rights when returning goods without a receipt is provided for at the legislative level.

Ways to confirm your purchase

As already mentioned above, the possibility of confirming the fact of purchase is not limited to one document - a receipt. In our opinion, to the question of whether a receipt is needed when returning, the correct answer will be: yes, it is necessary, but its absence does not mean that the goods cannot be returned to the seller. What additional ways could there be to confirm the fact of purchase and sale? Let's look at them in detail.

One of the main and most accessible ways to confirm the fact of purchase is witness testimony. Moreover, this method is directly spelled out in the article of the Civil Code of the Russian Federation that regulates this problem.

Witness testimony means a statement by a witness about facts and significant circumstances known to him. The positive features of this method are:

the fact that this method is expressly provided for by civil law;
availability.

The main negative feature of this method is that when purchasing a product, the buyer may not always have witnesses who can confirm the relevant fact or circumstances.

Article 493 of the Civil Code of the Russian Federation includes, in addition to a check, other documents that can be used to prove the fact of payment for goods as documents confirming the fact of purchase and sale. Accordingly, instead of a cash receipt, the consumer may submit other documents confirming the fact of payment for the goods to confirm the conclusion of the contract.

Order No. 160 of the MAP of the Russian Federation dated May 20, 1998 notes that such documents may include operational documentation containing a payment note, as well as other documents that are significant for making the right decision at the consumer’s request.

Letter of the Department of the Tax Service of the Russian Federation for the city of Moscow dated May 28, 2010 N 17-15/056421 includes sales receipts, warranty cards, and other similar documents as such documents.

In paragraph 43 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 28, 2012 N 17, it is noted that with remote methods of concluding a purchase and sale agreement using electronic payments, confirmation of the relevant fact can be, for example, a bank statement and other documents confirming a money transfer.

Certificate of return of goods without a receipt

If the buyer, for one reason or another, wishes to return the goods to the seller and return the money paid for it in the absence of a cash receipt printed by cash register equipment (for example, the return receipt was lost), but with confirmation of the fact of purchase in a different way, the seller must:

request from the buyer a return application in any form, but indicating the fact of loss of the cash register receipt;
the director (entrepreneur or other manager) to put a mark on the application indicating consent to the return;
if the goods are not returned on the day of purchase, draw up a statement in the KM-3 form, attaching a return application (without a receipt) with the appropriate mark from the management.

Important! When processing a return, the seller may issue a return receipt. In this case, drawing up an act in the KM-3 form will be unnecessary, since this operation is non-fiscal (Letter of the Department of the Ministry of Taxes and Taxes of Russia for the city of Moscow dated April 2, 2003 N 29-12/17931).

When purchasing a product, any buyer has the right to return it back to the store if for any reason it turns out to be unsuitable for him.

The buyer must write an application to submit it to the store administration. At the same time, he is obliged to attach to the application the goods, a cash receipt, and, if available, a sales receipt. He has the right to exchange the goods for a new one, similar to the goods being handed over, which meets the needs of the buyer.

Why does a consumer need a cash receipt?

Although the seller's demands in such situations are illegal.

In practice, there are cases when the seller accepts the goods at his own discretion. He returns the money taken from the buyer for the goods, but the buyer must provide evidence that the goods were purchased from him.

As a rule, most buyers, when making purchases, legally demand from sellers that they give them a cash receipt.

If the buyer is a legal entity, then a check is required to prepare a report on the goods purchased by him for certain funds.

A cash receipt for an individual who purchased any product in a store may be needed when returning the purchased product. It serves as an evidence base, relieving the buyer of a lot of hassle when returning a product that is no longer necessary or simply does not suit him.

Application of a cash receipt in trade

Business entities in the field of trade, according to legislative acts, are required to use when selling consumer goods. The buyer, along with the purchased goods, is given a cash receipt of a certain form, which is the primary accounting document on paper.

A cash register receipt confirms the payment of cash using a payment card for an item and contains information about it, which is registered by the software and hardware of cash register equipment.

It ensures that funds are properly accounted for when settlement is made, so the cash receipt is meaningful to both the seller and the buyer. It is the seller's responsibility to hand over the receipt to the buyer.

It contains the required details:
name of the product, its cost;
date of purchase by the buyer of the goods, time of purchase;
serial number of the cash receipt;
official name of the seller, his TIN, certificate of registration;
serial number of the cash register, stamped upon release;
legal address of registration of the cash register;

If you decipher the details, you can establish the validity of the purchase of the goods.

properties of the tax regime.

rules for performing cash transactions;
cash handling;
monitoring the amount of revenue for specific periods of time.

In addition, the information placed on the receipt allows the tax service to verify the seller’s compliance with: In addition to the required details, it is allowed to post other information, for example, advertising.

Any entrepreneur engaged in trade must correctly process cash transactions and correctly print out a cash receipt for issuance to the buyer. If the details are not clearly printed, the operation of the device is suspended.

The penalty for non-compliance with legislative acts regarding the issuance of a check or payment order by the seller is carried out in the form of a penalty, which can be replaced with a warning.

Moreover, it applies to the store administrator, if he has not previously been brought to administrative responsibility, has not committed an offense by issuing a payment order or cash receipt identified during the audit.

Consequences

The Federal Law “On the Protection of Consumer Rights”, published in February 1992 under number 2300-I, regulates the relationship that arises between the seller and the buyer. It protects the rights of Russian citizens, obliging sellers to accept quality goods if the buyer decides to return it for any reason. In this case, in accordance with the instructions of the law, for the return of goods 14 days, which are counted from the day following the day the product was purchased.

According to his instructions, the buyer has the right to return the goods, regardless of their quality, but only if certain conditions are met.

Moreover, he has the right to return the goods without a receipt if he has not kept it in accordance with Article 18. Moreover, the absence of a cash receipt or another type of official paper certifying the fact of the occurrence, the circumstances under which the goods were purchased, cannot serve as a basis for the seller’s refusal to satisfy the buyer’s claims.

Mandatory conditions for acceptance of goods by the seller include:

the purchased product was not used for its intended purpose;
its presentation has not been lost;
the product has not lost its consumer properties;
The seals and labels on the product are not damaged.

The above law provides consumer protection, so potential buyers need to study and know it in order to protect their rights. Unfortunately, Russian citizens do not know that they are endowed with certain opportunities as a consumer. Not every Russian citizen who has lost a cash receipt goes to a store to return a product they don’t like, given the customer service in Russian stores.

According to the instructions of the current consumer rights law, the goods must be accepted by the seller without a receipt issued at the checkout, because it is printed in two copies.

One receipt is given to the buyer, and the second remains in the store, so it will not be difficult to prove that it was purchased there. The seller is obliged to review the cash register upon receipt of the application to ensure that the buyer is correct.

If you refuse to accept goods without a receipt, you can contact the organization “RosPotrebNadzor”, “Society for the Protection of Consumer Rights” with a statement of claim.

It must describe in detail the characteristics of the product; if there are defects identified after purchase, then indicate them. Having received the application, these organizations consider it, analyze the reasons and take measures to prevent offenses. If disagreements cannot be resolved peacefully, they are resolved through legal proceedings.

Items sold at a discount or promotion can also be returned back, because according to legislative acts they are not exclusive.

Usually these include things that are out of fashion. They indicate that it cannot be returned or exchanged. The buyer has the right to return the goods purchased at a discount within the period prescribed by law if he changes his mind about keeping it.

Buyer's actions when making a return

How to return a product of poor quality without a receipt?

If the examination confirms its non-compliance with mandatory standards, then the buyer will receive a refund or exchange it for another one. However, this return method is acceptable during the warranty period. But all this must be done during the warranty period for the product. Income level directly affects the number of purchases in stores. Read which one. Insolvency (bankruptcy)

commercial organizations

brings a lot of problems. For the situation, see

replace it with another product, recalculate the cost if necessary;
return the money spent on it.

If the buyer intends to keep the product, he may demand that its value be reduced in proportion to the defect identified, that the defect be eliminated by repairing it, or that the cost of eliminating the defect be reimbursed.

The legal address of an individual entrepreneur may not coincide with the place of activity. Find out, .

If you purchased a product that turned out to be of poor quality, you can contact the seller with the following requirements:

But in this case, a condition must be met - it must not be damaged by the buyer.

Products without signs of defects

Returning a quality purchase is much easier. The law states that the buyer has the right to return the purchased product within the approved period for certain reasons, such as the size does not suit the buyer, or he is not satisfied with the color, style, shape, or dimensions.

As for the exchange of goods in the absence of a receipt, the buyer is obliged to provide evidence of its purchase in the store to which he applied.
In this situation, he can present:
warranty card;

Important nuances

Products that do not meet the manufacturer's stated quality may be returned.:

before the end of the warranty period;
before the expiration date.

Replacing a product with another, having a different brand, model, article or refunding costs is quite acceptable if it is included in the list approved by the Government of the Russian Federation. This provision came into force in November 2011.

Most people know that after purchasing a product, they need to take care of the safety of the sales receipt. However, in life there are different situations: sometimes the payment document is lost or the buyer simply forgets to take it from the store. There is nothing wrong with this if the item suits the consumer and works properly long years. But what to do if everything is not so good? Is it possible to return a product without a receipt to the store if it turns out to be defective or simply does not suit the consumer?

With this question, citizens most often turn to paid legal advisers or lawyers, because to understand the legislation yourself, you need to spend more than one evening. However, the services of these specialists are very expensive and require prior registration.

An excellent solution would be free help a professional lawyer who will be happy to provide solutions to all problems at any time of the day.

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

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

the product has retained its original appearance;
all branded labels and stripes are present;
the buyer did not use the product;
the products have not lost their consumer properties.

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

Options for delivering products without a receipt:

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

Procedure for the store to accept products of good quality

It is necessary to visit the exact store where the buyer purchased the product. You need to talk with the employee directly responsible for the exchange and return of products (administrator, director). You need to briefly describe the situation, making sure to mention that all documents for the item have been lost.

Options for the development of events:

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

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

General information about returning products of inadequate quality

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

In accordance with the law, this is possible, and the consumer must indicate in the application one of the following requirements:

replacement with an item with the same code or with similar products with recalculation of cost;
refund in full;
the decrease in the value of the thing is proportional to the deficiency;
elimination of defects technical service the seller and at his expense;
compensation for the buyer's expenses required to eliminate defects made on our own or through third parties licensed to do so.

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

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

Procedure for acceptance by the seller of goods of inadequate quality

Any requests to the seller must be made in writing. In this situation, the buyer draws up a claim indicating the following data:

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

The claim is drawn up in 2 copies, one of which must bear the signature of an authorized person (for example, a director) confirming receipt.

If store employees refuse to accept a consumer’s claim, it should be sent by mail by registered mail with a notification card. In this case, the return receipt will serve as important evidence of receipt of the document by the seller.

WITH general rules Almost every consumer is familiar with returning goods purchased with the issuance of a payment document. But what to do if at the time of purchase the receipt was not issued or was simply accidentally lost? In the material presented, you can learn about legal ways to return goods even in the absence of a sales receipt.

Legal basis for returning purchased goods

Purchase by citizens of goods in a retail or wholesale trade conditioned by the obligation to pay it for a set price. In return, the seller must issue a formalized document confirming payment of the purchase price in full. This form serves as evidence of the conclusion of a purchase and sale agreement and gives rise to legal consequences for both parties.

The general rules regulated by the Law of the Russian Federation “On the Protection of Consumer Rights” (hereinafter referred to as the Law) allow the following conditions for returning a purchase:

the product has not been used or has retained its presentation;
the purchased item has retained its basic consumer properties and qualities;
the product retains the individualizing symbols of the manufacturer or seller (labels, seals, etc.);
For the returned item, a document confirming payment and, accordingly, the conclusion of a retail purchase and sale agreement has been preserved.

If the specified conditions are met, citizens have 14 days to present the goods for return. This period begins the next day after purchasing the item in the store.

In practice, most retail outlets are equipped with cash register technology, which allows customers to issue a cash receipt to confirm the purchase. However, not in every case, citizens manage to ensure the safety of this document, and representatives of the retail chain often forget to issue a check after accepting funds. So, is it possible without a receipt?

The law allows for the possibility of returning the purchased item even in this case.

Procedure for returning goods without a receipt

Even the absence of a formalized document does not deprive citizens of the right to contact the seller with a demand to return the money in exchange for the item of purchase. To do this, it is necessary that the remaining conditions for making a return are met (preservation of consumer qualities, etc.).

Article 25 of the Law regulates that the following forms may be issued as confirmation of a purchase and sale transaction:

cash receipts;
sales receipts;
other documents confirming the fact of payment for the item.

“Other documents” may include many different forms and receipts that directly or indirectly confirm the fact of purchase:

receipts;
receipt orders;
tear-off coupons.

In addition, simultaneously with the purchased item, citizens can receive a lot of accompanying and auxiliary documents (product passports, instruction manual, warranty card, etc.). If these forms contain information about the seller, date of purchase, or price, they can legally be used as evidence of the transaction.

In some cases, even standard or branded packaging contains information about the point of sale and the price of the product, which can help if problems arise with returning the item to the store.

In addition, the dispute resolution procedure for consumer protection allows the use of witness testimony during trial. Witnesses can help even at the stage of pre-trial resolution of the conflict, especially if they are representatives of the store that sold the product.

To exercise your right to return your purchase, you must contact an authorized representative of the seller. This appeal must meet the deadline for delivery of the product. If sellers or managers of a retail chain refuse to fulfill their obligation to accept an item without presenting a receipt, it is necessary to draw up a written statement.

Preparation of documents when returning a purchase without a receipt

A written request will allow you to comply with all the formalities necessary to receive funds in exchange for the item surrendered. In addition, it will record compliance with the deadline established for such treatment. The content of the application must include the following information:

details and attributes of the seller;
personal data and contact information of the applicant;
a description of the characteristics of the returned product that caused the termination of the purchase and sale agreement;
determining the list of evidence of the purchase and payment of funds and attaching copies of them to the application;
express your will to replace the product (a request for a refund can only be made if you purchase a product of inadequate quality).

This application must be submitted officially to an authorized representative of the retail chain. If the consumer refuses to accept this application, he has the right to send it by mail. Refusal to accept of this document actually means that there is a conflict between the buyer and the seller, therefore citizens have the right to simultaneously send copies of documents with.

If, upon submission of the application and product, a refund is made, the contract is terminated, and the seller is not subject to liability for violating consumer rights. In case of refusal to exchange for another item, or to return the amount paid, citizens have grounds for filing a claim, and then filing a claim in court.

IN judicial procedure The plaintiff must provide evidence of the purchase of the item from a specific seller. If information about the cost of a product has not been preserved, it can be confirmed as a result of an examination or by comparing similar products. Also, during the trial, witnesses who were present at the time of acquisition of the item and deposit of funds may be heard.

If the case goes to court and the plaintiff’s demands are satisfied in full, the seller may be held liable in the form of a fine and penalties.

The purchase receipt is irretrievably lost, but you don’t like the product or find defects in it and need to issue a return? Is it possible to return a product without a receipt to the store? There are 5 ways to return an item without having a sales receipt. Below you can choose the most convenient one for yourself.

The answer to this question is unequivocal - yes. AND Civil Code(Article 493) and the Consumer Rights Protection Law clearly indicate that the absence of a sales receipt cannot be an obstacle to returning or exchanging goods. However, two nuances arise here:

The product must not be damaged and appearance and the condition should not show signs of use. More on this in the next chapter.
The buyer's responsibility becomes the burden of proving the fact of purchasing the product in the store to which the buyer makes his demands.

You can do this in five different ways.

Witnesses

You can provide testimony from those visitors who were present during the transaction. You may have been accompanied by a friend, neighbor, spouse, or other relative. The written testimony of these people can convincingly prove that the purchase belongs to a specific store and put an end to the doubts of the responsible employees.

Branded packaging or accompanying documentation

Making a purchase is rarely limited to just a cash receipt. Usually the product is accompanied by a warranty card, equipment passport, instruction manual, etc. Everything that may indirectly indicate the selling organization. In addition, in our time, when many retail chains actively use the most various ways marketing promotion, packaging of goods, its design often carries the branding of the store or its attributes. In such cases, they are often not interested in the presence of a cash document at all: it is so obvious that there is no doubt about its ownership.

SMS or bank details

This applies primarily to purchases made using cashless payment credit or debit card. If your phone has an SMS notification function configured, the SMS message you receive will be confirmation of your purchase at a specific outlet. Its text indicates the unique name of the payment terminal where the debit was made. An SMS message will help prove the fact of purchase.

Saving the text of a message is quite easy if your phone has screen recording or screenshot (screenshot) capabilities. As a last resort, if the device model does not have such capabilities, take a photo of the SMS with a regular camera.

Video recording

Nowadays it is extremely rare to find a store that is not equipped with a constant video surveillance system. The cost of such equipment has become affordable even for small retail outlets. Therefore, you can contact the manager or administrator of the store with a request to provide and study camera recordings during the period of time when the purchase was made. This request can be indicated directly in the text of the complaint, which is submitted to an employee of the selling organization.

"Double-entry bookkeeping"

It would be naive to believe that by issuing a receipt, the store does not leave itself any information about the sale. Naturally, any point of sale stores for many years detailed information about it. It is enough to refer to this information to verify the correctness of your words.

As a last resort, if the seller shows obvious inadequacy and categorically does not want to look for anything, you can draw the attention of supervisory structures to such “hysteria”: an application to the tax office with a request to conduct an internal audit or an appeal to Rospotrebnadzor with doubts about the issued check will instantly “help” find the required cash document and reproduce the situation of its registration.

To guarantee proof of purchase, you can use all of the above methods at the same time. In this case, your position will be so reliable that it will be almost impossible to question your words. Actually, in the text of the application for the return or exchange of goods, you have the right to indicate this in detail. Example wording:

“Since the cash register receipt was lost, as confirmation of the purchase of the product ... in the Romashka store, I ask you to refer to the data in the Sales Book of your enterprise and the archive of CCTV camera recordings in trading floor for... date... month... year.”

If you can provide accompanying documentation about the product, branded packaging and witness testimony, then no one will have the thought of disagreeing with you.

Note:
These recommendations and tips will only help you when you know exactly where the product was purchased and do not mislead the seller. If the product was purchased by a stranger and you thus mistakenly try to prove its purchase from another company, you can find yourself in a stupid and unpleasant situation.

Is it possible to return an item without a receipt within 14 days?

Since returning a purchase without a receipt is not a big problem, returning an item within 14 days is also quite possible. It is important to observe the 14-day period in cases where there is a desire to return a product only because you do not like it. Even if this product is of high quality, in good working order and does not have any defects, you can receive it after the day of purchase or within 15 days from the date of purchase.

To return it without a receipt, you should use all the tips that I outlined above. However, you will be required to comply with the conditions, without which a refund will not be possible:

The product must have its original appearance, that is, exactly as it was when purchased;
You have only 15 days from the date of purchase to take advantage of the opportunity to return or exchange the item.

Is it possible to return an item without a receipt if payment was made by card?

Payment for goods by bank card does not make significant changes to the procedure for returning goods without a receipt. On the contrary, it makes this procedure easier for the buyer. In this case, you can also return the product or exchange it. To do this, just present your choice:

SMS message about debiting funds in the store terminal
Print in personal account on the bank's website a statement for the required date with confirmation of payment
Get bank statement from the bank operator, if you do not have SMS notification or online banking installed

Important note: when paying by card, a refund can be made only on the map. The Consumer Protection Law does not contain information on this matter, but this issue has been commented on in detail in letters and instructions from government agencies:

Letter from the Office of the Federal Tax Service for Moscow dated September 15, 2008 N 22-12/087134
Directive of the Central Bank of the Russian Federation dated October 7, 2013 N 3073-U

However, due to ignorance of the instructions by the managers of trading organizations, their employees are often completely unaware of such nuances and readily agree to a cash refund.

Is it possible to return a defective product without a receipt?

Of course, you have the right to return the defective product and demand compensation for losses, if any. However, to do this without a receipt, you will also need to prove the purchase of the goods from the organization to which you are making your claims. That is, you will need to use the methods that were described above in the chapter

If the product is defective or, for example, spoiled food products are purchased, then the reason for the return is in most cases obvious and does not raise questions from the seller. However, difficulties may arise when trying to prove the purchase of goods in a specific store. This is especially true when purchasing standard products or food products.

Is it possible to return goods to Leroy Merlin without a receipt?

Returning defective or disliked products to large retail chains does not make any significant differences. Leroy Merlin is no exception here either. Some buyers note even greater loyalty from Leroy employees, who are sometimes ready to go so far to meet scandalous buyers that they violate not only internal rules, but also the instructions of the Central Bank. The video shows an example of such a return:

Undoubtedly, each retail outlet has its own unique features and internal regulations. However, they are united by the main thing - the obligation to work in accordance with Russian laws.

I am sure that now you not only firmly know the answer to the question - is it possible to return a product without a receipt to the store - but you can also do it yourself.