You can exchange watches. Return of wristwatches (mechanical and electronic) of proper quality. How much time is given for monetary compensation?

A watch is a technically complex product included in the “devices” category. Russian legislation allows the buyer to return the purchased item within 14 days after payment. However, this cannot be done with all products.

Is it possible to return the watch to the store? To answer this question, you need to carefully study the “Law on the Protection of Consumer Rights”.

Law

The basis for returning a wristwatch or other type of watch is inadequate quality of the product or a manufacturing defect. When buying a watch, different situations are possible. They may not fit in size, shape, be uncomfortable to wear, or stop working after a certain time.

The Federal Law “On the Protection of Consumer Rights” contains buyer rights related to the exchange and return of watches. It allows you to return a product if it does not meet certain specifications within two weeks after purchase.

IN recent years Some amendments were made to the law regarding the issue of return and exchange of this product. Since 2016, wristwatches and pocket watches have been included in the list of technically complex products.

Such products can be returned only if there are grounds that do not contradict the law. That's why When purchasing such a product, you need to consult in advance whether it is subject to return or exchange.

Returning a product of proper quality

According to current legislation, it is impossible to return watches that meet the quality to the store. Since they are classified as technically complex products, the 14-day period does not apply to them. Referring to the current legislation, in this situation it is possible to exchange watches for a similar product with suitable sizes.

ATTENTION! However, there are a few exceptions. Sometimes the seller may make concessions to the client and give money for the goods.

To return a watch due to unsuitable shape, color, or the buyer simply changed his mind about wearing it, in some cases you can:

• if there is no guarantee;
• the product does not correspond to the declared specifications;
• the watch does not correspond to the appearance of the product shown on the packaging;
• If the watch does not have any decorations in the form of precious stones or metals, it can be returned to the seller (such goods are not included in the non-returnable category).

Wristwatches also fall under these conditions. In the store, the buyer fills out a statement indicating the reason for refusing the watch. Two copies are written. One remains in the store, the second is marked as accepted and handed over to the buyer.

After accepting the product, the seller must select a product of similar value that is subject to return. If you don't have such a watch, you can consider a more expensive or cheap option(if this suits the buyer). If no suitable watch is found, the buyer has the right to ask for a refund of the money spent.

If the store refuses to accept the product, the buyer has the right to contact Rospotrebnadzor or a judicial authority.

Procedure

If a defect is detected in the product, the buyer has the right to return it. The procedure for returning watches that do not meet quality criteria is standard. The store conducts a preliminary check and then makes a decision. What can be classified as defects:

1. problems with the mechanism;
2. damaged appearance (paint torn off, scratches);
3. problems with the strap

If the strap is defective, the store has the right to replace only this part, and not the entire product. If the watch has undergone warranty repairs that did not produce positive results, the buyer can safely demand a refund of the money spent without further repairs. If the store refuses to return the money, a claim will be filed.

Making a claim

The document is written in two copies. The claim must contain the following information:

• information about the outlet;
• personal and contact information of the buyer;
• date of delivery of the broken watch to the store;
• type and duration of repair;
• description of the defect;
• price of the product, its model and article number;
• indicate your requirements to the store;
• reference to law;
• date and signature.

Along with the claim, a document confirming the purchase (sales or cash receipt), as well as a warranty card. One copy remains with the seller, the second is stamped and signed by the store manager regarding acceptance. After which it is transferred to the buyer.

ATTENTION! You can send the document in person, or by registered mail with notification of delivery. If the watch was purchased in an online store, the claim is sent to in electronic format to the seller's address.

The claim letter will be under consideration for some time. Usually 10 days are allotted for this. The store documents the results in writing. If the seller does not have time to consider the claim within the specified period of time, he is obliged to notify the buyer about this. If these actions are not received, you can safely file a lawsuit.

If the store’s decision does not satisfy the buyer, he can independently conduct a re-examination by independent experts. If their conclusion confirms a manufacturing defect, the buyer can safely demand a replacement of the product with a high-quality one, or a refund.

Moreover, the store is obliged to reimburse the costs associated with the inspection at the expense of the client. If there is evidence of a breakdown due to the buyer's fault, the store will not compensate for the costs.

If the warranty has not expired, the watch seller may resend the item for repair. If it is impossible to correct the manufacturing defect, the technician will give an appropriate conclusion. In the future, it must be presented to the store.

If the seller still refuses to return the money or exchange the goods, a repeated claim is made to senior management.

Sample

Product requirements

There are several conditions for returning goods within the first 14 days after purchase:

1. the packaging of the watch must be preserved and in its original form;
2. the appearance of the product should not be damaged (it should not show signs of use);
3. A cashier's receipt must be attached to the return application.

Conditions for returning defective goods:

• the watch must have defects not caused by wear;
• existence of a claim with a document confirming the payment of money;
• The return of watches can only occur during the warranty period, or within the period provided for by law (two years). However, the store may change given period, but it should not be less than one year.

In order not to encounter deception on the part of sellers, as well as to present demands in accordance with the rules, it is advisable to first consult with specialists. If, if all conditions are met, the store refuses to accept the watch back, you can contact Rospotrebnadzor.

Contact Rospotrebnadzor

If all attempts to return the watch are futile, the buyer has the right to contact the consumer protection society. It fights unscrupulous sellers.

The next authority is Rospotrebnadzor. Based on the completed application, the authority conducts an internal audit to identify violations specified in the document.

IMPORTANT! If the store's actions reveal signs of a criminal offense, the statement is sent to the prosecutor's office.

If Rospotrebnadzor was unable to solve the problem, a claim is filed in the civil chamber of the court. But for this you must have a refusal from the seller and a conclusion from Rospotrebnadzor.

You can return your watch just like any other product. Knowing the nuances associated with this category of goods, you can avoid problems. The main thing is to understand which devices belong to a technically complex product. The return procedure will depend on this factor.

According to the Law “On Protection of Consumer Rights”, you can return the watch back to the seller only if of proper quality(defective). At the same time, based on Decree of the Government of the Russian Federation No. 924 of November 10, 2011, watches of good quality cannot be returned or exchanged for a similar product of a different style, size, shape, dimensions or configuration. However, there are options for returning both quality and defective goods.

Returning watches of good quality:

Returning watches of poor quality:

Returning watches of good quality

The Law “On the Protection of Consumer Rights” gives the seller the right to refuse to return a watch of proper quality as a technically complex product. However, within 14 days, the buyer can contact the seller and ask for a replacement of such goods. You can request a replacement for either a similar or any other product with compensation for its cost.

At the same time, make a refund Money in full within these 14 days can be made in 2 cases.

You can return it if

• If the seller does not have a replacement product of adequate quality
• If, due to the fault of the seller, he is not able to make a replacement, and the product is available in stock

In this case, the product must satisfy a number of conditions:

• The product has not been used
• Presentation and packaging preserved
• There is no violation of labels and seals
• Availability of cash or sales receipts

Filing a complaint

If the seller refuses to accept back a watch of proper quality, you can file a complaint in one of three ways.

Ways to file a complaint

• Direct contact to management or the claims department in the store;
• You can file a complaint with the Rospotrebnadzor department;
• Statement of claim to court.

Direct contact to management or the claims department in the store

Submitting a complaint to management or the claims department can be done verbally or by telephone. But it is recommended to apply in writing and write a complaint.

When drawing up a written complaint, free style is allowed. But the application must contain only reliable information. The complaint is considered within 10 days from the date of filing the appeal. And the answer itself must come in writing.

Complaint to Rospotrebnadzor

The most effective measure is to file a complaint with the Rospotrebnadzor department. The complaint can be made in free form, it requires a description of the current situation. In addition, it indicates the actions of the management and sellers regarding your complaint. On average, the proceedings take about a month, but often the answer arrives much earlier than this.

Statement of claim to court

There is another way that helps to get a refund for such a technically complex product as a watch if an unlawful refusal was given - this is to go to court. It is quite complex, but it often allows you to achieve positive results.

It is recommended to file a lawsuit only in situations where Rospotrebnadzor provided an official response to the seller regarding the return of funds for the goods, but the seller ignored it and did not fulfill its obligations. In other situations, winning the case will be quite difficult.

Return to the online store

According to the existing “Rules of Distance Selling”, you can return high-quality, technically complex goods according to a simplified scheme.

• If the buyer signed when delivering the goods, he can return it within 7 days
• If there was no receipt of receipt, a return is possible within 1 month

You can also request a refund for watches purchased from an online store at any time before receiving the goods.

Return procedure

If the consumer wants to return the watch and get the money spent, the following steps must be taken:

1. To begin, the consumer must make a written statement and send it to the seller. The application can be written by hand and handed over to the seller personally, or it can be sent electronically to the seller’s email address;
2. If the product was purchased online, the application is sent by email or filled out on the website in a special form;
3. After this, the seller must fully investigate the application, then he takes action. All this is done in accordance with the deadlines established by law;
4. For online stores, 30 days are given to review and implement the decision. But regular stores must study the application and make a decision within 10 days;
5. The consumer may be notified of the decision made in writing or by telephone;
6. If the buyer is given a refusal or his application was ignored, he can contact other more competent authorities.

To submit an application, you do not need to have a special form. A regular A4 sheet is suitable for this. You must indicate your contact information, phone number, and email address. The application contains information about the purchased product - its name, date of purchase, reason. The following describes why you want to return it. A date and signature must be placed at the end. In addition, the entire list of required documents is attached to the application.

Alternative return methods

In some cases, there are nuances in the legislation that allow the possibility of returning a working watch back to the store.

1. Refund if the seller provided false information about the product or its characteristics. In this case, you must write a claim.
2. Return of defective goods is possible without explanation on the day of purchase.
3. By agreement of the parties.

Return of watches of inadequate quality (defective)

A product of poor quality or defective is considered to be one that has deviations from the normal one.

Marriage if

• There are deviations in appearance from normal, or not fully equipped;
• There are shortcomings due to which the watch is not able to satisfy the expected needs of the buyer;
• There are shortcomings that prevent the product from fulfilling its direct functional purpose;
• Characteristics differ from those stated in the accompanying documentation;
• The parameters do not correspond to GOST or TU, according to which the goods were produced.

Reasons for return

There are different types of marriage.

Any of the above types of defects allows you to return the watch to a store or other outlet.

However, it is not possible to return the goods in the following cases:

1. If the defect arose due to the actions of the buyer;
2. If the buyer was informed in advance about the existing defects;
3. If the warranty period has expired.

The warranty period is the period during which the manufacturer or seller provides the buyer with the right to return a defective product. It is installed on each item separately, depending on the characteristics of a particular product and legal requirements.

IN guarantee period includes:

• warranty from the manufacturer - which is established by the manufacturer in accordance with the law (for example, in GOST);
• warranty from the point of sale - which must be no less than the period specified by the manufacturer.

The buyer can return the product within two years after purchase, even if the warranty period has expired. However, this requires serious reasons. And the return procedure in this case will be complicated.

Buyer's rights

If the watch is of poor quality, that is, violations and defects are detected, then, according to Article 18 of the Law “On Protection of Consumer Rights,” the buyer has the right to a number of demands.

The buyer has the right to:

• To return and receive money;
• To exchange the product for a new one with the same declared characteristics;
• To carry out repairs free of charge;
• To exchange for a product with other characteristics with payment of the difference in price
• By agreement of the parties, a reduction in the price of the product equal to the amount of the defect found.

It is important to consider that the choice of one of the above items should be made by the buyer, but not by the seller.

Procedure

If after purchase a watch is found to be defective, the first thing the buyer should do is contact the seller. On initial stage It’s worth trying to come to an agreement with him verbally, but if nothing works out, then you need to move on to serious action.

Filing a claim addressed to the seller

There is no specific template in the legislation, but in practice a certain form has already been established, which is often used when returning goods. It is this that must be followed; only in this case will the statement have legal force.

The claim must contain the following:

• Full name of the buyer, his contact details and signature;
• Name and address of the outlet;
• Date of purchase;
• Information about the product (for example, its accurate name and serial number);
• Reason for return (listing of all product defects);
• Indicate the requirement to return the goods;
• Describe the list of documents attached to the claim.

In this case, the following documents must be attached to the claim:

• a copy of the sales or cash receipt;
• a copy of the warranty card;
• invoice;

It is worth considering that in situations where the consumer does not have sales receipts, the claim must still be accepted. In the form of evidence, you can use the testimony of witnesses, information about the purchase that is available in the database, information from video cameras.

Claim consideration period

In the subsequent period, the claim is reviewed by the seller's responsible person.

Wherein:

• If the buyer requests an exchange of watches, the processing may take about 7 days. During this period, all required checks are carried out;
• If the buyer wants to return money for a defective product, the seller will have 10 days to write a response. If the result is positive, then the buyer will be paid all the money spent;
• The responsible person of the seller may refuse to accept the goods and return the money to the buyer. This happens in situations where the item has become unusable due to the fault of the buyer;
• If the product is defective due to the fault of the seller or transport company, then compensation may be denied. To do this, a special examination is performed, which allows us to determine what caused the malfunction.

Refund deadlines

On average, money for goods is returned to the buyer within 10 business days. If the return is made through a bank, then another 3 to 30 days can be added to the standard period. This period will be required financial structure in order to make a return.

It is worth remembering that for each day of delay the guilty party pays a penalty, its amount is established in accordance with the contract. If this issue is carried out without a contract, then the amount of the penalty will be equal to 1% of the cost of the goods.

Returning a defective watch is a complex procedure that has many nuances. The buyer must be prepared for the fact that the seller will avoid accepting him and returning the money. To do everything right and get back what you spent, you should seek the help of professional lawyers.

29.11.2015 at 16:00

I bought a mechanical wristwatch for 16 thousand rubles, came home, tried it on again, the bracelet turned out to be a bit tight. I returned to the store the next day and wanted to exchange the watch for another one with a suitable bracelet size. The seller told me that the watch cannot be returned or exchanged, because... they are included in the list of goods that cannot be returned. I came home, looked at the list and didn’t find the watch there. Tell me on what basis the watch cannot be returned?

Cat 11/29/2015 at 6:04 pm

If the watch is mechanical without jewelry, it can be returned.

11/30/2015 at 11:10

No, you can’t, read what they write about this on the Internet. Watches are classified as devices, therefore, if they are of high quality, they cannot be returned or exchanged within 14 days.

Consumer 11/30/2015 at 3:19 pm

Mechanical watches are subject to exchange and return.
See clause 11 List of goods not subject to return or exchange
Technically complex household goods for which warranty periods are established (household metal-cutting and woodworking machines; household electrical machines and appliances; household radio-electronic equipment; household computing and copying equipment; photo and film equipment; telephones and fax equipment; electric musical instruments; electronic toys, household gas equipment and devices)

It talks about electrical household machines and appliances. Where is the clock?

01.12.2015 at 12:25

Well, how can I demand the return of my watch if everyone has their own position? Some say you can return the watch, others don't. The list does not say anything about this; everyone interprets this list differently.

Experienced 12/02/2015 at 19:01

Don't worry about this. Rospotrebnadzor provided clarification on this issue.
Everything is clear and precise. Watches are eligible for return if they are non-electronic and do not contain jewelry.
You can exchange or return a mechanical watch, just like any shoes or clothes, if they don’t suit you in color, size, etc.

Here I quote the response of Rospotrebnadzor for the Perm Territory
"Question: Please tell me, is it possible to exchange an electronic, wrist or quartz watch of good quality. Does the seller have the right (or obligation) to exchange a quality watch?

Answer: Electronic watches of proper quality are not subject to exchange or return, as they are included in the List of non-food products of proper quality that cannot be returned or exchanged for a similar product of a different size, shape, size, style, color or configuration, approved by Decree of the Government of the Russian Federation dated January 19. 1998 N 55 (hereinafter referred to as the List) - electronic watches are included in clause 11 of the List - technically complex household goods.

Mechanical and quartz watches are not included in the above List, and, accordingly, are subject to exchange for a similar product within 14 days, not counting the day of its purchase in accordance with Art. 25 of the Law “On Protection of Consumer Rights”.

But! If the watch is made from precious metals, with precious stones, made of precious metals with inserts of semi-precious and synthetic stones, cut with precious stones, then, in accordance with clause 9 of the List, such goods of proper quality cannot be exchanged or returned.

Please note potential buyers, that watches are included in the unified list of products, confirmation of conformity of which is carried out in the form of acceptance of a certificate of conformity (Resolution of the Government of the Russian Federation dated 01.12.2009 N 982 “On approval of a unified list of products subject to mandatory certification, and a unified list of products, confirmation of conformity of which is carried out in form of acceptance of the certificate of conformity"). Thus, when selling such goods, the seller, at the buyer’s request, is obliged to familiarize him with the certificate of conformity, a copy of the certificate or shipping documents issued by the manufacturer or supplier (seller) and containing, for each product name, information confirming its compliance with the established requirements."
Here is the link: http://old.59.rospotrebnadzor.ru/virtual/faq/zpp

In the modern world, a watch, especially one made from precious materials, is no longer just a device that shows the correct time, but a status item that emphasizes the style and taste of its owner. What to do if the purchased chronometer suddenly stopped showing the time correctly or simply stopped liking it? Is it possible to return it back to the seller? To answer these questions, it is necessary to take a closer look at the current legislation aimed at protecting consumer rights.

Can wristwatches of poor quality be returned?

Wristwatches of poor quality, regardless of their model or design, are required by law to be returned. Moreover, this must be done within two weeks (the day of purchase of the chronometer is not taken into account when 20). What specific rights does the consumer have in this case? They are standard and are as follows:

• The buyer can return the watch and demand a refund of the money paid for it;
• If the buyer has already repaired the chronometer, he has the right to demand that the cost of repairs be reimbursed to him. And if the warranty period has not expired, then, according to the law on the protection of consumer rights (details in), the buyer has the right to have repairs carried out at the expense of the seller;
• The consumer may also require that the seller provide repairs to the chronometer at his own expense;
• A defective model can be replaced with a similar serviceable product.

You can also exchange your watch for another model, and its value will be recalculated.

Conditions for returning watches according to Russian law

In accordance with domestic legislation, chronometers that have built-in electronics and perform several functions at once (such devices are technically complex goods) cannot be exchanged or returned. Watches decorated with precious stones and metals cannot be returned to the store or exchanged., since such products belong to the category of “decorative jewelry with inserts of expensive metals or precious stones.”

In the first two weeks after purchase, the consumer has the right to return a chronometer with a mechanical or quartz movement. Moreover, this can be done even if you simply don’t like the product. The main thing is to keep the sales receipt for payment until this moment. The product itself should not lose its presentation, and its packaging should also be preserved.

Return of watches under warranty

If, when purchasing a chronometer, a manufacturer’s warranty was issued for it, then the product can be returned to the seller for repair, but only on the condition that the detected breakdown was not the fault of the buyer, but the fault of the manufacturer, who allowed the product to be defective. In other words, the store will agree to accept a faulty chronometer if the consumer proves that he used it in accordance with the attached instructions. The buyer may have to prove that he was not involved in the breakdown.

If it was not possible to reach a compromise with the store, you will have to schedule an examination. It is also worth remembering that the warranty only applies to the watch movement, and not to the strap or bracelet. In order for the product to be accepted, a competent claim must be made.

Can watches be returned within 14 days?

After two weeks of use, you can return the chronometer to the store, but this procedure will be quite complicated due to the special technical characteristics of the product. Despite the difficulties, this The product can still be exchanged for a similar one or money can be demanded if:

• The watch cannot be repaired, and the manufacturer is to blame for the breakdown;
• If the chronometer has already been on warranty repairs, and the procedure for its restoration lasted at least 45 days;
• If repairing a faulty model will take too long or will be very expensive;
• If the watch has already been repaired more than once, and the total number of such days is exactly a month within one year.

Any of the above reasons is enough to contact the seller.

Returning watches under consumer protection law

According to this provision of the law, only a chronometer with a quartz or mechanical device that is not decorated with precious stones and metals can be returned or exchanged. All other products are classified as technically complex goods and are subject to appropriate regulations. That is, they are subject to return and exchange only under warranty if a malfunction is detected.

Claim for return of watches of inadequate quality

Since the government of the Russian Federation has classified chronometers as goods with complex technical characteristics, when they are returned, a corresponding claim is made. It is standard for all products of this category without exception. The document itself must be filled out, indicating important nuances.

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