home Sample documents Return of quartz watches. Is it possible to return the watch to the store? Is it possible to return quality watches?

Return of quartz watches. Is it possible to return the watch to the store? Is it possible to return quality watches?

Going to the store is a common routine for many. Citizens make thousands of purchases every day. Alas, not all of them bring satisfaction. It often happens that upon returning home after a hike retail outlets, the buyer sadly discovers that the purchased product does not satisfy him. And it is not necessarily defective. It is quite possible that the new item was simply too small or its color scheme did not match the rest of the wardrobe.

To resolve all issues related to the acquisition of unsuitable goods, the Law “On the Protection of Consumer Rights” was adopted in Russia. Knowledge of the main nuances of this act greatly simplifies the life of the buyer and allows you to easily navigate the relationship in the chain “manufacturer - seller - consumer”.

Legislation of the Russian Federation on the buyer’s right to refuse purchased goods

Return to store process different groups products differ significantly from each other. The easiest way is to return it to the seller non-food product of proper quality. To understand whether the purchased product is suitable or not, the buyer is given 14 days. The countdown starts from the first day after purchasing the product.

When returning the product back to the store, the buyer is not obliged to explain why exactly he was not satisfied with it. It is much more important that the item being handed over is not in use. The factory packaging, all labels and seals must be intact. Believe me, an experienced seller will always determine that the purchased pair of shoes was worn not only at home in front of the mirror, but also at least once on the street.

The same applies to other goods. In case of even short-term use of the item, the buyer will not see the money, and the law will be entirely on the side of the seller. The presence of a cash register and/or sales receipt. Often sellers refuse to accept goods back, citing the lack of a payment document. It is illegal. To prove the purchase of an item in this particular store, it is not even necessary to refer to the testimony of witnesses.

It is enough that such a unit of goods was actually sold on the specified day. And it's easy to check. Just view your cash reports. In this case, in addition to the application to return the goods, the buyer must write a statement about the loss of the receipt. In case of returning goods to the store, the consumer has the legal right:

exchange an item for a more suitable one. If the newly purchased product is more expensive, then you can pay extra for it; if it is cheaper, then the difference is returned to the buyer;
terminate the purchase and sale agreement. If the desired product is not available in the store, the buyer has the right to demand a refund. If at the time of termination of the contract a similar product is cheaper than at the time of purchase, the seller is obliged to compensate the difference in price.

If they decide to return a low-quality product to the store, the period allotted for this will increase significantly. If it is not specified in any way in advance in the warranty documents, then automatically by law it is 2 years from the date of sale. A product is considered to be of poor quality if it has defects that prevent its use for its intended purpose.

By the way, if the client was notified in advance about the defect of the purchased item (a note is usually made either on the receipt or on the warranty card), then it will not be possible to return it for this reason. Upon return poor quality goods The buyer has the right to claim:

the opportunity to obtain a similar product of appropriate quality;
reimbursement of costs for repairing a low-quality product;
eliminating the defect ( warranty repair) goods;
receiving a discount on defective goods;
complete termination of the sales contract and return of the entire cost of the product.

The rights of each buyer to return and exchange purchased goods are enshrined in Art. 18, 19, 25 of the Law “On Protection of Consumer Rights”.

Procedure for returning watches within 14 days

In May 2016, significant adjustments were made to the procedure for exchanging and returning watches. The Russian Prime Minister signed a decree that expanded the list of goods sold that cannot be returned within two weeks. It has been replenished with all kinds of pocket and wristwatch with two or more functions. All of them are now classified as technically complex goods.

Sellers from the watch department now, as a rule, claim that their entire range is not subject to exchange. But this is not entirely true. If in quartz or mechanical watch only one function, then such a product is subject to the return and exchange rules within 14 days. One function is for the watch to simply show the time, i.e. they do not provide a compass, repeater, etc. But the mechanism for such returns has not yet been regulated. Therefore, you will probably have to write a complaint to the store management, or even go to court.

The easiest way is to return a watch purchased from an online store. If the product is of good quality, the customer has 7 days to return it. However, you will have to pay for the return shipping yourself. The list of goods that cannot be returned does not apply to online stores.

How to return a low-quality watch back to the store

So, upon returning home from the store, the buyer discovers that the purchased wristwatch has a defect: a loose glass, a non-functioning hand, etc. Considering that the purchased item is technically complex, 14 days are allotted for the return of low-quality goods. You just need to come to the store, fill out an application addressed to the head of the selling company, and indicate in it the nature of the marriage. The buyer must be provided with a replacement product of the same quality or return the money.

If the period allotted for return has passed, then returning the watch to the store is possible only if there is a serious manufacturing defect, which still has to be proven. In this case, the buyer has the right to demand an examination. The seller has 20 days from the date of filing the claim. The seller pays for the examination. By the way, the buyer is allowed to be present when checking the quality of the watch. The consumer has the right to independently contact an independent expert bureau. If the conclusion is made in his favor, then the seller will be required to pay all costs.

If the consumer is offered to have the watch repaired free of charge, then the period repair work cannot exceed one and a half months. If the store refuses to accept the claim, then it is better to send it to management by registered mail with acknowledgment of receipt. The store management must respond to the letter within 10 days of receipt.

Return of watches under warranty

The warranty period for watches is determined at the request of the manufacturer or seller. If this is not done, then it is calculated based on Art. 477 of the Civil Code of the Russian Federation and is 2 years. But in this case, the buyer himself must prove the presence of a defect.

Usually, if a manufacturer values its reputation, it gives a guarantee for its watch for 1 year from the date of sale. If during this period a defect is discovered in the product for which the manufacturer is to blame, then he undertakes the obligation to eliminate the defect. service center absolutely free. Warranty repairs will be denied in the event.

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Are watches subject to return under current law?

IN last years Consumer legislation has changed and changes have been made regarding the return or exchange of watches.

Since 2016, products of this type have been classified as technically complex. Please note that these changes apply not only to wristwatches, but also to pocket watches, including those with different characteristics.

Important! If a person needs to buy a watch, then it is worth remembering that they can only be returned under the conditions established by law:

exchanges and returns of watches that match the quality cannot be carried out;
if the product does not match in color or shape, the seller has the right to refuse to satisfy your request if it concerns a return Money;
in accordance with the legislation of the Russian Federation, the consumer can return the watch to the store if it does not meet the quality, and with a refund of the money paid;
watches that are found to be defective can be returned to the seller within two weeks or during the warranty period. But remember that in this case it is worth remembering the return procedure.

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

Is it possible to return a wristwatch of poor quality?

Pocket watches that do not meet the quality requirements can be returned to the seller, and this is established at the legislative level.

Although it is worth remembering that in order to return a technically complex product, the following conditions must be met:

defective goods must be returned within two weeks from the date of purchase;
after two weeks the warranty period begins to apply, but the procedure will be more complicated;
watches that do not match the quality can be returned to the seller if the defect was discovered after purchase and the seller did not warn the consumer about them;
if the defect was the fault of the manufacturer, this fact will have to be proven documented (independent examination);
if, due to a malfunction, the consumer is unable to use the product for a total of 30 days per year;
a refund for the product becomes possible if the warranty repair period exceeds the norm;
It is not possible to return a product if the buyer knew about the defect and purchased it anyway.

Please note that the examination is carried out at the expense of the consumer, but if it is proven that the buyer has nothing to do with the defect, the seller will refund the money for the goods and also reimburse the costs of the examination.

If a consumer wants to exchange a product for an analogue, the seller has no right to prevent him from doing so.

Is it possible to return quality watches?

As mentioned earlier, the innovation in the legislation of the Russian Federation includes wrist and pocket watches in the list of technically complex goods.

Therefore, if the product is of the same quality, it cannot be returned. Although if the seller wants to make concessions to the consumer, he can replace the product, although this is not his obligation.

Return of watches under warranty

When purchasing a watch, it comes with a warranty established by the manufacturer. In this case, the consumer can return the product to the seller within the period provided for by the warranty, but only if the detected problem was not the fault of the consumer, but the fault of the manufacturer.

In other words, a defective product can be accepted for warranty repair only if the buyer proves that he used the product in accordance with the instructions. Although this does not negate the fact that the consumer may have to prove that he has nothing to do with the breakdown.

If the seller does not compromise with the consumer, then it will be necessary to submit the product for an independent examination. Warranty repairs can only be made on the watch movement, but the bracelet and strap cannot. To submit a product for warranty repair, a claim is filed.

How to return a watch to a store

How to return:

the watch must be of the same quality;
All documents are attached to the product that confirm the date and fact of purchase at this particular outlet;
contact the seller’s representative with the reason and purpose for returning the goods;
the seller's representative will provide the opportunity to fill out an application in which you indicate personal data, the cost of the goods, data about the goods, as well as the reason why you want to return and the purpose of the return;
indicate the date and time of writing the application.

The application is considered within three days from the date of its submission.

After the three-day period, the seller must:

accept a watch from you in exchange for an analogue that meets your requirements in terms of price and other characteristics;
if there is no analogue in stock, then the seller must return the money you paid for the product or offer to wait for a similar product to arrive in the store.

If the seller does not accept the goods within two weeks, although you follow the entire return procedure and the goods meet the conditions for return, then you must:

contact the consumer protection department;
write a statement of claim to the court to resolve the dispute.

Watch the video. Return of technically complex goods:

How to file a claim against the seller

Consumer protection laws protect everyone. And if you had to face injustice in the matter of returning a pocket watch to the seller, and he, in turn, refuses to return it, then you should write a claim.

Remember! The claim must be in writing. There is no clear form for writing a complaint, but it must contain the following elements:

name of the seller, including the branch (if the purchase was made at the branch);
personal data of the consumer;
the reason for which the claim was made;
claims with their justification;
references to the legislation of the Russian Federation will not be superfluous and will help show the seller your legal literacy;
evidence base of your claims;
date of writing and signature of the consumer;
the document is drawn up in two copies, one for the seller, the second with the date of receipt and signature official, - for the consumer.

To exercise your right to return purchased goods, you must act in accordance with the provisions of the legislation of the Russian Federation. This will help resolve the current situation in shortest time and with the best result for you.

ATTENTION! Look at the completed sample application for the return of a technically complex product of inadequate quality:

Complaint to Rospotrebnadzor

The complaint can be submitted online or in person.

The complaint includes the following information:

applicant details;
the circumstances under which your rights were violated;
address of the offending organization;
your requirements that the seller must fulfill.

The period for considering a complaint is one month, but it can be extended.

As a result of its consideration, Rospotrebnadzor will make a decision. Remember that the consumer must protect his rights.

ATTENTION! View the completed sample complaint to Rospotrebnadzor:

Appeal to the judicial authority

To draw up a statement of claim for the protection of consumer rights, you must provide the following information:

the name of the court to which the statement of claim is sent;
name of the plaintiff: full name, registration or residence address, any Contact Information(e-mail, telephone). If the interests of the consumer are defended by a representative, then the statement of claim includes the details of the representative: full name, registration or residence address, telephone number, e-mail;
name of the defendant: full name of the parent organization and branch where the goods were purchased, actual and legal addresses, telephone numbers and, if known, the telephone number of the organization’s representative;
the main part of the claim describes the fact of violation of consumer rights, which is the reason for filing a claim in court. It is advisable to indicate the articles of legislation that were violated by the defendant (the fact of violation and a link to the article);
claims made by the plaintiff against the defendant. Here are the requirements that you can put forward under the law: return of money paid for goods, exchange of goods for an analogue, compensation for moral damage in material form, and others;
description of the cost of the claim with calculation of the amount. The calculation is made if a penalty or compensation for moral damage is required;
confirmation of the attempts to voluntarily resolve the conflict in a pre-trial manner that you made before going to court;
application. In this paragraph, you must list all the documentary evidence that you attach to the statement of claim with copies of the statement of claim and all attachments for the circle of persons participating in the case;
date and signature of the plaintiff and his representative (if any). If a statement of claim is filed by a representative, a power of attorney is attached to the claim, the text of which states his powers.

State duty is not paid for such claims if the amount of the claim does not exceed 1 million rubles.

The claim, depending on its amount, is filed in the magistrate's court or district court. The magistrate judge considers claims up to 50 thousand rubles, and the district court considers claims above this amount.

ATTENTION! Look at the completed sample statement of claim for consumer protection for a technically complex product:

Documents attached to the claim

Originals and copies of documents are attached to the court.

Let's look at what documents can be appended to the statement of claim:

documentary evidence of payment of the state duty (if the amount of the claim is over 1 million rubles);
documentary evidence of the circumstances specified in the statement of claim (receipt for the purchase of goods, warranty card, results independent examination, written refusal to satisfy the consumer’s legal requirements, etc.);
documentary evidence of an attempt to resolve the conflict pre-trial;
calculation of the amount of the claim, which is carried out by the plaintiff himself or his representative. Please note that the amount must be reasonable;
the number of copies of the statement of claim with attachments according to the number of persons participating in the consideration of the civil case;
other documents that may be provided by the plaintiff at his discretion, for example, to speed up the consideration of the claim.

The Ministry of Industry and Trade intends to include watches in the list of technically complex products, the return or exchange of which requires evidence of serious defects, tests and examinations. The draft government resolution will be sent to the government in early September. The changes will affect all, without exception, expensive and cheap, foreign and domestic household watches - mechanical, electronic-mechanical, electronic pocket and wristwatches.

“Watches are not a cheap product, and there are cases when a person returns a working watch just because of a whim,” says Deputy Minister of Industry and Trade Viktor Evtukhov. According to him, people should understand that when buying a watch, they are buying a device, not a bracelet or an accessory.

Currently, the list of technically complex products that cannot be returned or exchanged for a similar product within two weeks includes cars, boat motors, computer technology, tablets, phones and a number of other products.

The innovation promises to close legal loopholes for those customers who unreasonably return defective goods. “Trading watches has become a high-risk business,” Vyacheslav Medvedev, head of the National Association of Watchmakers, told RG. By law, before sale, any watch is considered a technically complex household product. But after the sale, the watch ceases to be such and can be returned.

“If you run out of gas, they won’t replace your car, but if your watch battery runs out, they have to,” Medvedev gives an example. "After using it, people return worn and lost items. consumer qualities watches back, freely return their money, and if the dispute goes to the courts, then the courts support the claims. And manufacturers, dealers and sellers suffer losses,” explains Medvedev. Due to high risks, many importers of expensive Japanese and swiss watches they do not import certain models into Russia, he adds.

“The initiative of the Ministry of Industry and Trade is logical, since legislative nonsense causes damage to dealers and sellers,” says Vladimir Gutenev, first deputy chairman of the State Duma Committee on Industry. According to him, the innovations will also work in favor of consumers.

Today, risks force dealers and sellers to add higher markups to the cost of watches, which affects their final price. " New order“It will not only close loopholes for unscrupulous buyers, but will also reduce the price burden on watch products,” says Gutenev. First of all, on domestic watches. According to him, Russian factories today produce many mechanical and electronic watches that are exported abroad.” Therefore, the measure should be considered not as a step in favor of foreign producers, but as a step in the interests of our producers,” Gutenev clarifies.

Experts believe that the initiative will not lead to a decrease in interest in watches and the volume of purchases. In addition to the reduction in price by 5-10 percent of all brands of watches, watches in blister packs will appear on store shelves and even at checkouts, which will not need to be checked before sale, sales of watches through online stores will increase, and the overall income of this market will increase, Vyacheslav predicts Medvedev.

Recently, due to the depreciation of the ruble, electronics stores and household appliances are faced with an influx of consumers who want to return technically complex products back and get their money back. And lawyers on hotlines have to comment on the increasing requests from consumers on how to do this correctly.

According to legal consultant Anton Artemyev, it is possible to return “technically complex goods” by law. Moreover, demand both money for it and its replacement. This can be done 15 days from the date of purchase if minor defects are found in it. After 15 days, the possibility of return will remain, but subject to a manufacturing defect, which will have to be proven. Or if it is impossible to use the product after its repeated “inspection” and repair during warranty period. The examination and inspection of the goods, according to Artemyev, must be carried out by the seller at his own expense within 20 days from the date of your claim.

Wristwatches are included in the list of goods that can be returned to the store within two weeks from the date of purchase, even if they are in good condition. What return requirements must they meet?

Law on Consumer Protection"

The buyer may, in the first fourteen days (not counting the day of purchase), if it does not suit him according to one of the following characteristics:

However, the returned item must be:

The same as on the day of purchase.
Do not use.
Keep all components in their original condition: packaging must not be damaged; tags, labels, protective films (if any) must also be present in the box.

If the buyer wants to return an item he doesn’t like within the first 14 days, he must take care to keep the receipt or other document certifying the fact of purchase. Such documents may include:

Receipt of payment.
Instructions for use.
Technical certificate.
Other documents confirming the fact of the purchase.
A person who can verify the purchase. This could be a friend of the buyer who was present with him on the day the product was purchased, or a store employee.

How can I return my watch to the store within 14 days from the date of purchase?

Please ensure that the watch meets all return requirements stated above.
Find all documents that can confirm the fact of purchase.
Come to the store and tell the seller the reason and purpose of the return.
The seller will ask you to fill out an application in which you need to indicate personal data, the name and cost of the product, as well as the reason for the return and the purpose of the return. It is important to indicate the date and time of registration.

Warning

The processing time for the application is three days.

After this, the store seller must:

Allow you to return the watch in exchange for a similar priced one that meets your requirements.
If there is no similar option, the seller should offer to return your money or wait until a similar watch appears in the store.

If the seller refuses to return the watch within 14 days of purchase, even though it meets the return requirements, then you must:

Contact the consumer protection service.
File a claim to resolve the issue in court.

Sample documents