A refund. Refund to the buyer by bank transfer

Almost every citizen knows his rights as a consumer regarding the return or exchange of purchased goods.

Few people delve into the nuances associated with the return of money paid for goods if such a demand has been received from the buyer.

Moreover, compliance with the rules of this procedure is the responsibility of the seller.

Therefore, business entities should take note of the question of how the return of money paid for goods to the buyer is processed and what features should be paid attention to.

Return Policy

The main points related to the return of goods and the amount paid for the goods are contained in the Federal Law “On the Protection of Consumer Rights” and the Civil Code of the Russian Federation.

If the product that the buyer requires is not available in the store at the time the return request is made, the seller must return the entire amount of money paid for the product.

The amount that was valid on the day of purchase will be refunded.

It should be noted that if the seller has a similar product, he is not obliged to return the money to the buyer.

Attention

It is important that the returned goods have consumer appearance, factory labels, and have never been used by the buyer. You can return an unsuitable product within the general period established by law, which is two weeks.

When purchasing a low-quality product, a claim is submitted to the seller, indicating the requirements, which may include the return or exchange of goods, repairs at the expense of the seller, etc.

If everything complies with the established rules, the seller must begin the paperwork to return the amount of money.

The procedure will depend on when the buyer decided to return the item, on the day of purchase or after it, and how to carry out the return if the item was purchased using a bank card.

Return on the day of purchase

If the buyer decides to return the product on the day it was purchased, the seller should adhere to the following rules:

The buyer must present a document confirming the purchase of the goods from the seller to whom he is returning it.
The seller fills out the invoice in two copies.
Refunds will be made from the cash register that issued the original purchase receipt.
If the cash register is already closed and the report is being withdrawn, it will not be possible to return the money on the same day. After the end of the work shift, a report is drawn up in the KM-3 form. This form is unified.

Thus, the procedure for returning the amount paid for the goods that the buyer decided to return is not particularly difficult. All that is required of the seller is to properly document the return.

Returns not on the day of purchase

The return policy will be as follows:

The consumer writes a corresponding statement. The format of such a statement is arbitrary and contains general information about the buyer, information about the purchased product, the reason for the return and relevant requirements. A sample application is usually provided by the seller.
A consumer's check and passport will be required as documents.
The seller draws up an invoice and signs it on his part and that of the buyer.

The refund is made within three days from the date of receipt of the application and is issued on the basis of a cash receipt order.

Refund to bank card

The funds deposited for the purchased goods must be returned to the buyer’s card upon presentation of the receipt and the card itself from which the payment was made, based on the acquiring agreement.

The basis for the operation will be a return receipt, the form of which has not been approved.

The form of the receipt can be clarified with the bank itself, which organizes operations for the interaction of plastic card service points (acquirer). To receive the amount, the buyer must submit a statement to the seller.

Information

If the return must be made on the day the goods were purchased, then a payment cancellation operation is carried out and a corresponding entry is made in the cash register.

The seller fills out a return certificate. If the return is not made on the day of purchase, then the procedure established by the agreement with the bank is taken into account.

To return the money, the seller sends information about the return to the bank. After which the seller’s bank returns the funds to the bank that issued the plastic card, and the latter returns the funds to the buyer’s account.

Returns when purchasing through an online store

Refunding money when purchasing goods remotely, that is, via the Internet, differs from the method of returning money when the buyer personally contacts the store.

All necessary information must be posted on the seller’s website and included in writing in the parcel itself.

The information provided must include: the address where the return will be made, the period and procedure for returning the goods and money paid, an indication of the consumer’s obligation to preserve the presentation of the purchase and its consumer properties.

Warning

The seller has the right to deduct delivery costs from the buyer when returning funds. The general period for refunding funds is 10 days from the date of filing a claim with the seller.

You can get money from:

Bank card.
By postal transfer.
Internet wallet.

A statement must be written in the name of the seller.

Sale and markdown

If an item was purchased on sale, then all the rules that were described earlier will apply to it.

Exceptions to the rules will be discounted items. They cannot be returned to the store or exchanged and are not covered by warranty repairs. Every buyer should know these conditions when purchasing discounted goods.

In practice, there are cases when buyers begin to make claims against sellers and only receive a refusal. In this case, the seller will be absolutely right, since the right to refuse is given to him by law.

The discounted product has technical or other types of damage; accordingly, it was initially in a non-working condition, which the buyer was aware of at the time of purchase.

Thus, depending on the method of payment and the moment of presentation of the request for a refund, the actions of the seller will vary. If he incorrectly registers funds, an administrative fine may be imposed on him.

Last updated February 2019

When purchasing a product with manufacturing defects, you involuntarily think about the correctness of your choice when purchasing. There is a desire to correct your mistake, for example, to purchase a product from a different manufacturer or a different model. The legislator provides such a second chance. For this purpose, there is a mechanism for returning money paid for low-quality goods.
The demand for a refund is the most common demand from consumers and the most unpleasant for the seller. Therefore, in most cases, sellers do not give up without a fight. But if you know your rights and skillfully implement them, then a careless seller will be powerless against your onslaught.

There is a significant difference between demanding a refund for a product of good quality (read more) and for a low-quality product. In this article we will look at the features of returning money specifically for defective goods.

Let's clearly look at an effective algorithm for consumer actions to return money previously paid for a product.

First, let's note the key points that you need to keep in mind before you start demanding your money.

For which goods can you request a refund?

Returns can potentially be made for any item. However, depending on the specific circumstances, the procedure may be complicated or even impossible to implement. Typical situations when presenting a claim for a refund for a low-quality product:

money for the goods is returned at the first request of the buyer without any reservations or exceptions	simple durable household goods furnishings in residential premises (furniture, doors, windows, etc.) goods for sports and active recreation Food personal care products medical supplies and drugs other goods
A refund is possible, but in case of repeated consumer demands or significant deficiencies	This applies to goods classified as technically complex.
No refunds are given for the product.	goods whose defects arose due to the fault of the buyer (improper operation, careless storage, etc.) product for which the expiration date has expired, the warranty period (if the warranty period is at least 2 years)

What product defects are grounds for a refund claim?

Speaking about the defect, you should know that the right to a refund is possible when the unsuitability is due to:

Factory defect of non-food product	Non-compliance of the product with GOST, TU and other mandatory technical parameters. That is, any deviation in a product from the standard that does not allow the product to be fully used in the usual way.
Manufacturing defect of food product	Unstandardized deviation of recipes, costing investments, organoleptic parameters (external forms), suitability of the ingredients used, etc.
Improper storage of goods	Failure by the seller or manufacturer to provide the necessary conditions for proper storage of the goods. For example, the dairy product was stored at an insufficiently low temperature, which led to the product souring.
Careless transportation of goods	Failure by the seller or manufacturer to comply with precautionary measures when organizing the transportation of goods to a warehouse, retail locations, to the buyer, etc. For example, when transporting the washing machine, the goods were not secured, which led to it tipping over; As a result, scratches, dents and damage to its mechanisms formed on the surface of the washing machine.
Malicious actions of third parties	Such persons can be both the seller’s employees and outsiders. The main condition under which a defect will be covered under warranty is the commission of such actions before the consumer purchases the product. Harmful consequences may occur immediately, or they may lead to malfunction in the future.
Negative effects of natural forces and phenomena	It should be understood that a warranty case will occur if such an impact occurred before the goods were transferred to the buyer. The defect will be covered under warranty not only when, after exposure to natural forces, the evidence of the defect is obvious, but also after a certain period. For example, as a result of heavy rain, a camera warehouse was flooded. After eliminating the consequences of the disaster, the equipment was thoroughly dried and subsequently sold. The electrical circuit contacts of one of the cameras oxidized, which led to a short circuit and failure after three months of operation.
Harmful actions of a consumer who did not have information about the product	A buyer who has broken a product due to his own fault has the right to file a warranty claim and make claims if the seller has not provided him with technical documentation or the necessary information about the product. For example, the buyer purchased a microwave oven. The product did not come with instructions or technical information. documentation. The buyer unknowingly used metal utensils to heat food, causing the oven to malfunction. Although the buyer violated the terms of use of the product, since the seller did not give him a document indicating this, the seller will be obliged to accept the microwave for warranty and return the money upon the buyer’s request.

Let us repeat that the defect may already be present upon purchase of the product, or may appear later. The main thing is to establish the reason why the deficiency occurred, and the time of occurrence is not so important for filing a claim.

What defects are not considered under warranty?

Improper and careless operation	A buyer who does not adhere to the rules of use and operation or treats the product carelessly (extremely carelessly) may damage the product. Such a defect does not apply to the warranty case.
Careless transportation by the buyer	The owner of an item who allows the goods to be transported in a manner that causes harm to him cannot count on a refund for the goods.
Inappropriate storage	If the buyer stores the goods incorrectly and this leads to its damage, all damage from the malfunction of the goods falls on the shoulders of the buyer himself.
Actions of third parties and natural elements	If a harmful effect on the product occurred during the period of use of the product by the buyer, then the seller and the manufacturer will not be responsible for such a defect in the product.
Defects that are specified by the seller when purchasing the product	If the contract and other documents for the goods contain indications of defects, then after purchase the buyer cannot complain about these defects to the seller and make claims, even if these defects are a manufacturing defect. You should know that the indication of the defect must be expressed clearly and clearly, and it must follow from the document that the buyer has become familiar with the defect (his signature must be present).
Unprofessional repair of defect by buyer	A buyer who independently repairs a product thereby demonstrates his refusal of a set of consumer rights. Therefore, the seller who refuses to satisfy such a right turns out to be right.

What to do if the product simultaneously contains a manufacturing defect and a defect due to the fault of the buyer

There is no clear answer in the law, but judicial practice shows that It is extremely rare to get a refund for such a product.. However, you can count on free repairs of manufacturing defects.

For example, the buyer presents the damaged lantern to the seller. The product has broken glass and a reflective element (due to the buyer’s negligence), and the switch mechanism has also become unusable (manufacturer’s defect). The seller can repair the light on/off button. But the buyer has to worry about the glass and reflector himself.

However, the buyer and seller can come to a mutually beneficial agreement (for example, a smaller refund, etc.).

Where it is possible to detect a defect that is taken into account as a warranty case

Deadline for filing claims for refund

A claim for a defective product and a refund for it is made within the warranty period established by the seller. However, there are times when a consumer may go beyond these limits. The legality of the consumer's claims depends on what kind of defect is identified - an ordinary or significant defect.

Possible situations:

Type of deficiency	Situation	Consumer powers
The disadvantage is simple	No warranty period specified	The buyer can contact the seller within 2 years from the date of purchase of the goods.
The disadvantage is simple	Warranty period less than two years	The consumer has the right to make a claim within a period of 2 years from the date of purchase of the goods, including during the period when the warranty has expired. True, if the warranty period expires by the time of application, then the buyer himself will have to prove the manufacturing defect or the fault of the manufacturer (seller) for the deficiency (Clause 5 of Article 19 of the Federal Law “On the Protection of Consumer Rights”).
Significant disadvantage (in accordance with paragraph 6 of Article 19 of the Federal Law “On Protection of Consumer Rights”)	After two years from the date of sale (or after the expiration of the warranty period, if it is more than 2 years) within the service life	The conditions for a refund in such situations are as follows: You can only contact the manufacturer (not the seller) the consumer must prove a significant defect Initially, you can only ask for free repairs (you cannot immediately demand a refund) the manufacturer must have violated the 20-day repair period
	After two years from the date of sale of the product (or after the expiration of the warranty period, if it is more than 2 years), but within 10 years, if the service life is not specified

A separate story with food, medicines, perfumes and household chemicals. An expiration date is established for these products. Therefore, a return claim can be made within this expiration date. But, nevertheless, it is possible to make a claim after the expiration of the period, only in this case the buyer must prove that the product was of poor quality.

Other situations also occur:

Who has the right to make a claim for a refund?

The buyer himself can make a request for a refund.

If the consumer gave the goods as a gift or resold them to someone, then the new owner has the right to exercise such powers, even if all the documents are issued to the original buyer. The new owner of the item does not have to prove to the seller the fact of donation, sale, etc., of goods from the original buyer to another consumer.

To whom can the buyer's claim be made?

The consumer can address his complaint to:

to the seller
to the manufacturer

The consumer's choice is determined by the following conditions:

How the buyer's request is made

The buyer can express his intention to return the money paid for a defective product in any form, both orally and in writing. But given that such situations are potentially controversial and conflicting, you should express your claim clearly and unambiguously, without giving the seller a chance to evade his responsibilities. To do this, the return request is stated in a written statement (sample statement), which is handed to the seller against signature indicating the date of delivery. If the seller refuses to accept the application (sign and date it), then this application should be sent to him (to the address of the location of the store, office, etc.) by registered mail with notification.

Refund period for goods

According to the law, the seller must return the money within 10 days. The countdown begins from the moment the consumer’s application is submitted. This period includes the procedure for transferring the goods, and checking them for defects, etc.

The seller, in turn, has the right to receive low-quality goods back, therefore, in order to avoid unnecessary visits to the seller, the goods should be taken with you and handed over according to the acceptance certificate. Such an act is drawn up by the seller and it states:

Transfer date
FULL NAME. buyer and seller details
Name and technical (consumer) characteristics of the product, individual characteristics (color, serial number, etc.)
Description of the existing deficiency
Confirmation that the defect is covered by warranty or a reference to the need for quality control
The buyer's stated requirement is a refund of money paid for the product

Refund for delivery of goods

If the goods are heavy (more than 5 kg) or large, then the seller must deliver the goods from its location or he must return the money for delivery. Expenses are reimbursed on the basis of payment documents issued by transport organizations.

What are the seller's violations?

If the seller violates the consumer’s right to a refund, this means that it is necessary to go to court to resolve the issue on the merits. Although the court is the most extreme measure, it is the most effective and efficient. So, how can you understand that the seller refuses to meet you halfway:

does not refund money within the prescribed period (10 days). The seller may refer to quality control or the need to appoint an examination, etc. All these are excuses; such conversations only lead to prolongation of the controversial situation.
Instead of money, the seller offers or simply imposes another serviceable product. The buyer is not obliged to make concessions to him, and can demand his way to the end. However, the seller can use a trick and, when giving out a replaced product, claim that this is exactly the one that the buyer brought to him, making a mistake about the malfunction. Therefore, you need to try to receive money on the day of application. And if the seller takes it for inspection, then it is better to pack the product in a way that prevents its substitution, and put control signatures on the packaging. The product should also be photographed, capturing its individual (distinctive from other products) characteristics.
the seller returns the goods in a repaired form. The buyer needs to refuse such a product and insist on his own. Unfortunately, not all repairs leave marks on the product, and the buyer may find himself in a sticky situation.

Regarding the last two cases, there is a universal remedy. It requires additional costs, but is reliable. So if the buyer is gnawed by doubts about the integrity of the seller and the cost of the goods is high, then the game is worth the candle. The point is that before going to the seller, you should contact an independent expert to conduct a commodity examination. An expert must invite the seller to inspect, open and check quality. As a result, the seller will not have any complaints regarding the fact that factory seals, markings, etc. were opened without his participation, and the expert’s opinion will not allow the seller to replace the goods or carry out secret repairs.

What amount is refunded?

Return size may correspond to:

The amount of money paid for the goods by the buyer

The buyer is refunded the money in accordance with the cash receipt (other payment document). This method is beneficial if a similar product has fallen in price by the time the consumer complains. The seller cannot refer to a decrease in the value of the goods as an argument for returning a smaller amount of money.

The cost of the same product on the day the money is returned (voluntarily or by court) in accordance with clause 4 of Art. 24 Federal Law “On Protection of Consumer Rights”

The consumer may demand a refund greater than what he paid for the product. To do this, he must focus on the new price of the product, valid at the time of the refund for the submitted claim. The following situations may arise:

The seller has a similar product for sale. The buyer can take the seller’s current price as a basis for his requirements (excluding discounts, promotions, etc.)
There is no such product on sale, but it is common knowledge that prices for this product have increased everywhere. In this case, you can order a professional assessment of the market value of the goods. It is carried out by appraisers and the cost of such a service is 2000-3000 rubles. Appraisal costs can be reimbursed from the seller in court

Credit expenses in accordance with paragraphs 5, 6 of Art. 24 Federal Law “On Protection of Consumer Rights”

In practice, there are two typical situations:

credit item is provided by the seller
buyer takes out a consumer loan from a bank

In any case, the consumer has the right to a refund in excess of the amount paid for the product:

interest on loan. But exactly those that were paid on the day the money was returned by the seller
other expenses associated with obtaining and using a loan (commissions and other payments)

You should know that credit and loans can be issued not only by a bank, but, for example, by the consumer’s employer organization or even by an acquaintance. The main condition is that such a loan and the interest paid on it be documented (contract, agreement, receipt orders, receipts, etc.).

The buyer reflects all his monetary claims in the application for a refund when submitting a claim. However, if after receiving the money additional amounts emerge, the buyer can compensate for the newly incurred expenses at the expense of the seller upon an additional application accompanied by documentary evidence of these expenses.

For example, the consumer received a refund from the seller and immediately repaid the loan ahead of schedule, for which the loan agreement provides for additional interest.

It should be borne in mind that fines paid by the consumer on loans, for delays or other violations of the contract cannot be recovered from the seller - this is a non-refundable loss of the consumer.

Refund of money for related expenses (examination, transportation)

To satisfy his request for a refund for the purchased product, the buyer may incur additional costs:

expenses for the examination
lawyer's fees
costs of transporting large or heavy goods to the seller or expert
other

As a general rule, such expenses, if the consumer is right, must be reimbursed by the seller. Therefore, you should notify the seller of your intention in writing (sample application). Supporting documents are attached to such an application.

However, often the seller does not agree to a meeting, then the only way out is to go to court and recover these costs by court decision.

In this case, it does not matter whether the seller satisfies the main requirement (refund of money) or not.

If the seller waives all claims, then all claims and additional costs are stated in one claim. And, without proving his case, the seller will be forced to reimburse expenses.

If the seller refuses additional expenses, having satisfied the basic requirements, then there will be no problems in court, since half the battle has already been proven - the seller’s guilt (by his own admission), and everything else is procedural formalities.

If the seller refuses to return money for the product

Refusal may be expressed:

written refusal with or without indicating the reasons for such refusal (direct refusal)
silence on the buyer's request (indirect refusal)
violation of deadlines for fulfilling the buyer’s requirements and promises to fulfill them later (disguised refusal)
by providing a repaired or other product instead of a refund

If any of the situations arises, the seller (manufacturer) must immediately submit a pre-trial claim (example sample).

Then, without waiting for a reaction from the seller (manufacturer), take action to prepare materials for the court. If the seller comes to his senses and acts as required by law, then the legal process can be stopped at any stage, even if the claim is already being considered in court. However, do not rush to meet the seller halfway until he fulfills his obligations in full. Do not believe empty promises and persuasion.

When preparing your case, you need to collect:

all documents regarding the purchase of goods
information about the warranty, expiration date
information about the defect of the product (photos, examination report, results of inspection by the seller, etc.)
documents confirming the transfer of goods to the seller (transfer and acceptance certificate), or information that the seller refused to accept the goods
statement of claim for refund, duly served on the seller
refusal to satisfy requirements or other documents and information indicating refusal (if no direct refusal was received)
information and documents on additional costs (loan costs, examination costs, delivery of large goods, etc.)
pre-trial claim

It is better to entrust the preparation of a statement of claim to a lawyer specializing in consumer rights protection. He should also be authorized to conduct the case in court. However, do not withdraw yourself, attend the meetings. Judges often accommodate the consumer halfway if they see his genuine interest in the outcome of the case.

Features of returning money for complex household goods

Refund requests can be made if a significant defect is discovered (read about significant defects in technically complex goods)
when a simple defect is identified, but provided that the product previously had a defect (the same or another), which was eliminated according to the rules of warranty repair

If the buyer within 15 days makes a demand for the return of money paid for a low-quality technically complex product, then the above-mentioned features of a significant defect or repetition of the defect do not play any role in satisfying the stated requirement.

For example, bought a car, the next morning it wouldn’t start. It turned out that his starter was faulty, which could be replaced within 1 hour. The consumer can apply for a refund and return the product to the seller, and the seller is obliged to satisfy such a request.

Be careful that what is taken into account is not the fact that a defect was discovered within 15 days, but the fact that you contacted the seller during this period.

For example, if a defect was detected in the refrigerator on the 3rd day after purchase, and the consumer contacted the seller on the 20th day, then even if the buyer confirms with documents (an examination report, etc.) that the product became unusable precisely on the third day, in satisfying his demand for The seller may legally refuse to return the money.

If the 15th day after the purchase falls on a weekend or holiday, or according to the official work schedule the seller did not carry out activities on this day, then this last day is transferred to the first working day.

A schematic algorithm of consumer actions when making a request for a refund for a product

Identifying a deficiency in a product

Submitting a refund request to the seller

Contacting an expert to conduct a commodity examination

Presentation of goods to the seller according to the acceptance certificate

Calling the seller to open, inspect and check the quality of the goods by an expert

Postponing product quality checks until later

Conducting an on-site inspection and confirming the deficiency

Conducting an on-site inspection and recognizing the product as quality

Receiving a conclusion confirming the deficiency

Confirmation of deficiency

Flaw refutation

Submitting demands to the seller for a refund for the purchased product

The seller’s agreement with the consumer’s requirements and their fulfillment within the period established by law

Refusal to comply with requirements

Filing claims and going to court

Making a positive court decision

Presentation of a writ of execution to the seller and his voluntary execution of a court decision

Presentation of a writ of execution and a court decision to the bank in which the seller’s current account is located for forced debiting of money to the buyer’s bank card or personal account

Collection of the awarded amount through bailiffs on the basis of a writ of execution

Situations when purchased products or services turn out to be of poor quality or the seller does not fulfill his promises to deliver the purchased goods on time are very common.

In all cases, the buyer is protected by law and can get his money back if he makes claims in a timely manner and correctly formulates his requirements.

Refund is a standard procedure in case of non-fulfillment of obligations by the supplier. But if you return a product of inadequate quality, it is not always possible to return the money spent. But in both cases, the responsibility for collecting funds falls on the shoulders of the consumer.

The rights of consumers entering into transactions for the purchase of goods or services are protected by Law No. 2300-1 of February 7, 1992. This document regulates the legal relationship between the parties to the sale and purchase. Based on it, the buyer can:

Exchange products of good quality within 14 days if they do not match the color, texture, size or other characteristics. Provided that the products are not included in the special list of non-returnable goods.
Count on free repairs or replacement of the purchased product if the product breaks down or if defects are found in it.
Receive the funds spent in full or in part back.

A refund is most convenient for the client and is absolutely not attractive for the seller. And although the store does not have the right to dictate the final conditions, not all cases allow you to count on receiving money back. There is an established procedure for resolving conflict situations, which may imply that the return of funds is the only or one of the possible measures to resolve the issue.

Service not provided

Consumers choose a service provider, often focusing on advertising, price and other categories. Since the number of companies is constantly growing, it is quite difficult for the buyer to navigate this market, so the risks of choosing an unscrupulous service provider are quite high.

When agreeing on the supply of a service, the buyer in most cases makes a full or partial prepayment. And when the organization does not implement the assigned task, the person has the legal right to get his money back. Two documents can guarantee such a return:

The Consumer Protection Law, which stipulates this possibility.
An agreement signed by the parties when concluding a transaction.

The service agreement is the primary document for the buyer. This is what you should focus on when filing a claim. Firstly, it must specify specific delivery dates. If there are none, then it will be extremely difficult to prove the delay in fulfilling the agreement. Secondly, it is advisable to inquire about the guarantees provided by the seller before signing. If the document talks about the terms of return for late delivery or even the accrual of a penalty, then there is a very high probability that unpleasant incidents can be avoided. The supplier can also prove that he was unable to provide the service due to the absence or illness of the buyer himself.

If the fact of failure to provide the service on time is proven, the supplier is obliged to return the previously paid amount in full, and sometimes also pay for other material and moral damage.

Defective goods

Purchasing low-quality goods allows the buyer to return them to the seller. Article 18 of the PPA stipulates that a consumer who discovers defects in a purchased product has several options for solving this problem:

Replace the product with a similar one.
Exchange a defective purchase for another product of similar or higher price with an additional payment of the difference.
Demand a reduction in price.
Give the product for free repair.
Present a receipt for payment for the repairs you performed yourself and demand compensation.

A person also has the right to ask for a full refund of the amount paid for the product. Please note that claims must be submitted within the stated deadlines. Typically, these periods are determined by the duration of the warranty. If there is none, then filing claims is possible within two years, which are determined by the Law on PPP.

Filing a claim

In rare cases, conflict situations between buyer and seller are resolved quickly and painlessly. Often stores are in no hurry to return money, but offer other ways to resolve the conflict, for example, repair or replacement. But we should not forget that the choice of settlement option remains with the consumer, and the other party has no right to influence it.

Properly structured tactics, which begin with filing a claim, will help you defend your demands. Some stores meet their customers halfway and not only tell them the right path of behavior, but also provide forms to write it. But in most cases, drawing up a statement falls entirely on the injured party. The applicant must not only write the claim correctly, but also serve it correctly in order to be able to prove the fact of filing.

Form and content

At first glance, filing an application for a refund is not difficult. But you should still take into account a lot of small nuances that can play a decisive role in obtaining the final result.

The text of the application is drawn up according to the following rules:

Information about the store that sells goods or provides services.
Information about the applicant. Full name, address, telephone numbers are required. You can specify your passport details.
Date of purchase of the product. If you have a receipt, make a link to it. You can also enter the name of the seller.
Details of the defect detection - how it manifests itself when it was detected.
Reference to Article 18 of the Civil Code as a basis for compensation.
Requests for the return of funds indicating the exact amount.
A list of attached documents proving the fact of purchase, and possibly the presence of detected defects.
Applicant's signature.
Date the claim was filed.

The claim form is not established by law, which makes it possible not to adhere to strict rules when drawing it up. There are no special templates or standardized forms for it. To complete the application, it is better to use an example. A sample document can be viewed below.

Application procedure

There are two possible ways to file a claim with the store:

By submitting an application in person.
By sending the form by letter.

Each of the points has its pros and cons. If a defect is detected, it is logical and easier to come to the store yourself. To do this, be sure to take the product itself and your identification card with you. The claim in this form of transfer is drawn up in two identical copies. One sheet is given to the seller, and the second remains with the buyer. But a person must receive a signature on his copy from a store representative that the form has been accepted for consideration. Along with the signature, the seller must put a date, which will be the starting point for the final verdict. This method is good for everyone, if the store does not refuse to accept the application.

Upon receiving a categorical refusal to take the claim from the applicant’s hands, the person must send it by mail. With such forwarding, only one form is sent, since the receipt of the registered letter is proof of the request.

Payment form

Acceptance of a claim implies a positive solution to the requirements raised by the buyer. The application can be refused only if the examination shows that the indicated defects are not manufacturing defects, but were acquired as a result of improper use of the product.

After the fact of the return of funds has been agreed upon, the seller is obliged to transfer them to the buyer within the established time frame. The form of the reverse charge depends on how the payment was made. In most cases, amounts are returned in the same way as they were received. If we are talking about non-cash payments, then the money is transferred to a bank card. And in case of cash payment, they are handed over to the applicant on the specified day.

In cash

Non-cash payments are promoted everywhere, appealing to the ease of use of the card and other opportunities that it opens up for the holder. But when it comes to claim disputes regarding the return of funds, cash payments turn out to be more convenient and profitable for both the consumer and the store. The only drawback with such a payment is the wait for the required amount of funds to be collected. This problem can be encountered in small shops that do not have a large enough turnover.

To get cash back, the buyer must contact the store with a claim. The seller makes a decision to return the payment and sets a return date, based on the PPA Law.

To a bank card

Returning money through a bank to a plastic card is a slightly more complicated procedure. However, little changes for the buyer. But a significant drawback of this type of payment is the time it takes for funds to be received at personal disposal.

When transferring money spent non-cash, the reimbursement procedure takes place in several stages. Funds are returned not from the cash desk, but from the account of a legal entity to the bank account of an individual. The procedure is carried out under an acquiring agreement, which is concluded between a banking organization and a trading enterprise. Although amounts are debited from the store's account in a timely manner, they may take up to 30 days to reach the recipient's account. These deadlines are stipulated by law. It is not possible to make a reverse payment in cash, as this is considered a cash withdrawal and threatens legal entities with serious consequences.

Return period

In accordance with the Consumer Protection Law, the buyer must return the funds paid within 10 days. The starting point is determined by the moment when the seller recognizes the claim as justified and undertakes to return the money. If an official response is not given, then the time is calculated from the end of the period allotted for consideration of the application.

The repayment period is indicated in calendar days, but there are no obstacles to making payments in shorter periods of time. Usually, if a legal entity recognizes the client’s right to receive the amount back, the money is issued fairly quickly. If the amount is not returned within the specified period, the consumer may demand a penalty in the form of a penalty for each day of delay, but such issues can only be resolved through the court.

What to do if you refuse

Often, for one reason or another, the seller refuses to accept a return application or gives a negative answer after considering it. In both cases, the consumer can ask a third party to review the situation again.

Arbitrators in disputes of this type can be:

Rospotrebnadzor.

Where to turn first is decided by the person himself. There are no obstacles to opening legal proceedings without first resolving issues with Rospotrebnadzor.

Complaint to Rospotrebnadzor

It is more convenient and easier to contact Rospotrebnadzor to make an independent verdict than to go to court.

Often the problem is resolved at this stage, which avoids the hassle of filing and litigating lawsuits.

A pre-trial claim can be submitted in several ways:

In person, by contacting the territorial office of Rospotrebnadzor.
By sending a written request by mail.
By filling out an application online on the official website.

The method of handling complaints is the same for all types of filing. After receiving the application, Rospotrebnadzor has 30 days to respond. It is always given in writing and is the official position of the organization.

Going to court

Going to court is the most effective measure to assert your consumer rights, but it is also the most labor-intensive. To initiate consideration of a case in court, the injured party must draw up and submit a statement of claim. In this case, the applicant is obliged to prove the fact of pre-trial settlement of the dispute. This is an officially submitted claim to the store. If there is no evidence of its filing, then you will not be able to go to court.

In the claim, the applicant substantiates the reason why he had to complain, supporting it with documents. The presence of an independent examination proving the fact of a manufacturing defect will be a huge plus. In addition, you should attach receipts for the purchase or otherwise prove that it was made in this place at the specified time. The application is of a material nature, so it should be stated exactly how much money is required from the defendant, breaking down the amount into the original price and penalties.

Satisfaction of the plaintiff's demands depends on the facts presented by him and the availability of evidence.

Sample documents

Claim form for a refund for a defective product

When does such a need arise?

If a purchase is made by an individual through a retail outlet, it is of a public nature. The conclusion of this agreement is confirmed by any fiscal document (check or receipt) issued by the seller indicating payment. If the purchase is made by a legal entity from a supplier who has registered its business, then a contract is concluded that regulates the procedure for mutual settlements.

The seller must return the money under the following circumstances:

In the case when the buyer refuses a purchase that does not suit him with color, size or any other physical characteristic. He has the right to return the purchased non-food product within 14 days from the date of purchase to the store. The store is obliged to accept the returned item only if its packaging is intact and all seals and labels are in place. Moreover, the seller has the primary right to offer another similar item as a replacement. If such a product is not available on the day of circulation, the seller returns the money for the purchase.
In case the product does not meet the declared quality. The buyer has the right to return such goods during the entire period it is under warranty. If the seller is unable to eliminate its shortcomings or exchange the product for a quality product of the same brand, then he is obliged to return the payment in full.
If it is impossible to ship goods under a supply agreement concluded between legal entities, if an advance payment was made under this agreement.

All the nuances of returns in online stores are discussed in detail in the following video:

What must be provided to the buyer?

If the buyer made payment for the goods by bank transfer: by bank card, from an electronic wallet, by postal order or from a current account, then The refund is done in the same way.

In order to process a return, you must provide the following:

the product itself with preserved physical properties and in undamaged packaging;
warranty card if available;
any identification document (passport, driver's license);
fiscal document confirming payment;
application for refund of funds paid.

The application is written in any form or in the form proposed by the store.

All additional costs incurred as a result of the return of the payment amount are borne by the seller.

It is not always possible to declare a refusal to purchase and a desire to return the money. The seller will not return the funds received if the following circumstances occur:

the purchase is a food product of adequate quality;
non-food products are included in the list of exceptions that cannot be exchanged or returned (medicines, cosmetics, etc.);
The buyer does not have a document proving payment.

In the latter case, a return is still possible if the buyer can prove the fact of purchase in another way, for example, with the help of witness testimony.

Step by step procedure

Upon receipt of the return, the seller performs actions in the specified order:

Sets the date of purchase. No more than 2 weeks should pass from the date of purchase; the day of purchase is not included in the calculation of this period.
Verifies whether the buyer has the right to return the product. If a product is classified as technically complex, it cannot be exchanged or returned.
Verifies the safety of the properties and integrity of the packaging. The buyer has the right to return goods with damaged packaging only if it is impossible to inspect it without opening it.
Offers an existing item with the same properties and characteristics for exchange.
If on the day of contact the store does not have a similar product, it prepares documents for return.

Documentation to be completed

An authorized person signs a check or other document indicating payment for the purchase.
The seller issues certificate of return of goods. This document does not have a unified form and is drawn up randomly, indicating the required details:
- name and brief description of the returned product;
- acquisition cost;
- number of the receipt (check, order, etc.);
- date and reason for refusal of purchase.
The act is drawn up in 2 copies: one with the attached fiscal document on payment remains with the seller, the second is given to the buyer.
for a refund by bank transfer is sent to the bank within the period established by law.

If the returned product is of inadequate quality, a certificate of non-conformity must be issued. If the purchase was made by an organization, there is a unified one for these purposes. Also a claim is required received from the buyer.

Reflection in accounting

When processing a return, it becomes necessary to make appropriate records of business transactions. Postings that record the fact of the return of goods from the buyer:

Dt	CT	Contents of operation
62	90	Sales of goods reflected
51	62	Purchase paid
90	41	The cost of goods sold is written off
41	90	The cost of the returned goods has been restored
76	90	Reflected decrease in revenue
51	76	The amount of payment for the goods has been returned

If the company applies, you will also have to reverse the accrued VAT by adjustment.

Return period

The legislator has provided for varying the terms for the return of money depending on the basis for refusal of the purchase and the method of payment:

funds are returned by bank transfer within 10 days;
when paying in cash - within 3 days.
refunds for defective goods are made within 2 weeks.

If the seller for any reason delays the payment of funds, the buyer has the right to demand a penalty. As a general rule, its size is 1% of the amount for each day of delay payment. This requirement can only be brought through the court. Moreover, this can be done even if the payment was delayed by the bank or other organization transferring funds. The seller will be required to pay the penalty, after which he will be able to address a similar demand to the organization that delayed the transfer.

The law does not indicate exactly how the return period is calculated - in calendar or working days. But since the buyer’s legal position is a priority, human rights activists interpret the law in their favor, counting the period in calendar days.

If a store sells a low-quality product, the buyer, in accordance with the Civil Code and the Law “On Protection of Consumer Rights,” may demand a replacement purchase or a refund of the money paid. Usually the money is returned if the product cannot be replaced with a better analogue. The terms for returning funds to the buyer are regulated by law under Art. 22 and 25, any commercial organization is obliged to comply with the established rules. However, in practice it is not always possible to immediately achieve compliance with your rights.

When is a store required to return money?

If a conflict situation arises, the period for returning money for goods of inadequate quality should not exceed the maximum values established by law. They depend on the specific situation:

Refusal of low-quality goods that have significant defects. In this case, the trade organization is obliged to return the money paid by the buyer within 10 days from the date of presentation of the claims. This norm is prescribed in Art. 22 and 23.1 of the Law and must be complied with by any store.
Refusal of a quality product that does not suit the buyer according to any characteristics. This point is spelled out in Art. 25 of the Law: According to current legislation, the period for returning money for goods of proper quality cannot exceed 3 days.

This means that the seller is not obliged to immediately return the money as soon as a conflict situation arises. However, the management of a commercial organization has no right to delay the consideration of this case. If the deadlines have been violated, the buyer has the right to complain to supervisory authorities or go to court.

How to return money

If the seller refuses to fulfill his obligations and does not return the money for the goods within the established time frame, the buyer has the right to demand payment of a penalty, its amount is 1% of the return amount for each day of waiting. However, this situation also has a disadvantage: a penalty can only be obtained after considering the complaint in court, and this process usually takes a very long time.

In addition, store representatives often claim that the terms for returning funds to the buyer are calculated by the number of working days. However, the law does not specifically stipulate this point, which means we can talk about three and ten calendar days, taking into account weekends. Accordingly, if a store is playing for time, you can demand a penalty for all overdue days, including Saturdays and Sundays.

There are two ways to receive money paid for goods:

Cash. In this case, there are usually no problems. Returns are most often carried out immediately after submitting a claim if the product is truly defective or does not meet the required characteristics.
Using a bank card. If the purchase was paid for by bank transfer, it is more difficult to get the money back. Problems arise because money passes through intermediaries - this is the bank that installed the terminal, or another payment system. However, even in this case, the terms for returning money for the goods remain unchanged: if the funds have not been transferred to your account within three or ten days, demand payment of a penalty. The store will subsequently ask the bank to compensate for the damage caused.

If the store violated the terms of the deal and refuses to return the money for the purchase, you should consult a lawyer. When it comes to a large sum, getting the money in full is not easy, so professional legal support is required. The specialist will determine what the chances of success are and suggest further steps to begin the legal process.