Returning jewelry to the store. Rules for exchange and return of jewelry according to the law. Is it possible to return jewelry to the store to the seller?

A product is considered to be of poor quality if it is damaged, its appearance is damaged, there are problems with the lock or with its other functions. For example, a bad or broken lock on a bracelet, a weak lock on earrings or a watch. If there are scratches or other damage, or the stones do not adhere well to the product, then this product is considered to be of poor quality. If the marking and sample stamp on a product do not coincide with the actual characteristics of the product, then it is also considered to be of inadequate quality.

Rules for exchange and return of jewelry

d.). However, sometimes exchange and return of jewelry is still possible. For example, this is allowed in cases where the purchase initially turned out to be of poor quality. Can jewelry that is defective be returned? Insufficient quality of jewelry can manifest itself in different ways: chains, bracelets, earrings may have broken locks; for rings, pendants and other products with stones - unreliable fastening of the stone in the frame; mechanical defects of the metal part itself may be revealed (burrs, burrs, bevels); There are also defects in stones or pearls (cracks, clouding, etc.)

Is it possible to return jewelry of poor quality to the store?

This means that if these products are of proper quality, they will not be returned to the store. In the case of, for example, outerwear, a sufficient reason for returning it to the store would be if you don’t like the color or style. It is impossible to return jewelry goods back to where they were purchased on this basis. Among the reasons why the Russian government considered it possible to include jewelry in the list of non-returnable goods, two main ones can be identified: Jewelry industry products are, as a rule, original items that have a high cost.

Industry jewelry forum

If there is no tag on a piece of jewelry of poor quality, the buyer is entitled to be refused an exchange or refund. According to the “Rules for the sale of certain types of goods, approved by Decree of the Government of the Russian Federation of January 19, 1998 No. 55,” paragraphs 64, 69, the seller is not obliged to issue a warranty card or indicate the warranty period on the sales receipt. According to OST 117-3-002-95, the warranty period is 6 months.

Jewelry of poor quality

At the request of the seller and at his expense, the consumer must return the defective product. 2. If it was not - paragraph 2, clause 1, article 19 of the PZPP: In relation to goods for which warranty periods or expiration dates are not established, the consumer has the right to present the specified requirements if defects in the goods are discovered within a reasonable time, but within two years from the day of their transfer to the consumer, unless longer periods are established by law or contract. In this case: clause 6 of Article 18 of the PZPP: The seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer is responsible for defects in goods for which a warranty period is not established, if the consumer proves that they arose before the transfer of the goods to the consumer or for reasons that have arisen up to this point. Thus, if a GS is installed on a product, present to the seller one of the requirements of your choice under clause 1 of Article 18 of the PZPP.

How to return jewelry of inadequate quality

Nizhnevartovsk Answers from lawyers (16) Good afternoon. In your case, the law says that the absence of a receipt is not grounds for rejecting the consumer’s claims. Article 18. Consumer rights when defects are discovered in a product5. The consumer's absence of a cash or sales receipt or other document certifying the fact and conditions of purchase of the goods is not grounds for refusal to satisfy his requirements. The seller (manufacturer), authorized organization or authorized individual entrepreneur, importer are obliged to accept goods of inadequate quality from the consumer and in If necessary, check the quality of the goods.

Return or exchange of jewelry

This is what you should follow when returning or exchanging jewelry. According to Art. 18 of the Law on the Protection of Consumer Rights, if you discover defects in the product during the warranty period, you have the right to: demand replacement of the product with a product of the same brand; demand the replacement of the product with the same product of a different brand with a corresponding recalculation of the purchase price; demand a proportionate reduction in the purchase price; demand immediate free elimination of defects in the goods or reimbursement of costs for their correction by the consumer or a third party; return the goods to the seller and demand a refund of the amount paid for the goods.

Two months ago we purchased a set of jewelry: a ring and earrings. At the time of purchase, the seller assured that the stones in the jewelry were real, namely natural diamonds. Circumstances so happened that we were forced to take our jewelry to a pawnshop; we urgently needed money. When assessed by a pawnshop jeweler, it was revealed that instead of diamonds there were high-quality cut cubic zirconias. To make sure, we contacted several more appraisers, and they all confirmed that we had purchased a fake. Where to go in this case? Is it possible to require the seller to refund the difference or return the products?

Svetlana. Perm

What the law says

According to the current legislation of the Russian Federation, consumers have the right to return any jewelry if defects or defects have been identified. If you don’t like the jewelry, it doesn’t fit in size, or you are not satisfied with any external characteristics, unfortunately, you will not be able to return the purchased item.

Activities in the field of trade in jewelry are regulated by Decree of the Government of the Russian Federation dated January 19, 1998 N 55 (as amended on December 23, 2016) “On approval of the Rules for the sale of certain types of goods, a list of durable goods that are not subject to the buyer’s requirement to provide them free of charge for a period repair or replacement of a similar product, and a list of non-food products of proper quality that cannot be returned or exchanged for a similar product of a different size, shape, dimension, style, color or configuration"

If the jewelry does not have a specified validity period, the buyer can file a claim within two years from the date of purchase. Thus, if defects and defects were identified, or the jewelry turned out to be counterfeit, the buyer can return the product within two years. If the manufacturer or buyer set the deadline independently (six months, a year, and so on), then the goods can be returned only within this time and no later. Therefore, it is important to check the warranty period upon purchase.

According to Article 5 of the Law “On Protection of Consumer Rights”, jewelry is not a product for which the manufacturer is obliged to establish a warranty period. However, the manufacturer must set a period during which the buyer can put forward certain demands if defects and various types of defects are identified.

What to do

So, first of all, you need to send a claim to the director of the store where the jewelry was purchased. The complaint must formulate the identified deficiencies or describe the defect, as well as indicate your requirements.

To prove your position, it will be necessary to conduct an examination to confirm that the stones are fake.

If the store management ignored your request or left it unanswered, you can go to court and defend your rights in court. A statement of claim is formulated, the results of the inspection and documents confirming the fact of purchase, evaluation, etc. are attached. The claim is sent to the court by hand or by registered mail with notification.

Remember

It is not uncommon to purchase counterfeit jewelry. Modern legislation allows you to defend your rights and return goods that do not meet the quality requirements.

For this purpose, it is necessary to send a claim to the store where the product was purchased.

If the answer is negative, the trial begins.

(claim on the quality of jewelry to the seller)

To the head of "______________"

(legal seller's address) _______

Buyer's name ___________

(address, telephone) ___________

CLAIM

On December 18, 2014, I purchased a set of jewelry from your department located in the Yulia shopping center: a gold necklace with precious stones - N 29992-2 (Ai 585); bracelet made of gold with precious stones - N 28737-4 (Ai 585), with a total cost of 152,724 rubles, which is confirmed by a cash receipt dated December 18, 2014. And also, earrings made of gold with precious stones - E 29992 -3, worth 47,276 rubles, which is confirmed by a sales receipt dated December 18, 2014.

According to Art. 4 of the Law “On the Protection of Consumer Rights”, the seller is obliged to transfer to the consumer a quality product suitable for the purposes for which a product of this kind is usually used.

However, the necklace I purchased does not comply with the above provisions of the law. After trying on the necklace and walking around with it for 3 minutes at home, I discovered that the precious stones decorating the necklace were turned over with their front side facing the clothing. I adjusted them several times, but the result was the same - the stones did not stay on the front side, but turned over on the back side (that is, they simply were not visible when I put the necklace on and started moving).

Thus, the purchased gold necklace with precious stones does not fulfill its main function - decoration, and therefore does not correspond to the purposes for which such jewelry is usually used.

According to paragraph 1 of Art. 18 of the Law, if a consumer is sold a product of inadequate quality, he has the right to refuse to fulfill the sales contract and demand the return of the amount paid and compensation for all losses.

In addition, according to Art. 10 of the Law, the seller must provide the consumer with the necessary and reliable information about the product, ensuring the opportunity to make the right choice (The content of information about products made of precious metals is regulated by the “Rules for the sale of certain types of goods.” In accordance with clause 64 of the “Rules for the Sale ..." - products made of precious metals and precious stones must have sealed labels indicating the type of precious metal, weight, type and characteristics of inserts made of precious stones, price per 1 g of product without inserts).

This information is not on the labels. The prices of products on the labels do not match the prices of the products in the cash register and sales receipt.

In addition to the information provided on the product label, the consumer must be provided with the following information:

About the main consumer properties of the product,

On the rules and conditions for its effective and safe use (clause 11),

Extracts from standards on the procedure for branding products and certification of cut natural precious stones (clause 62).

The specified information is placed on the insert sheet attached to each unit of goods (clause 5.3 of GOST R 51121-97 “Non-food products. Information for consumers”). However, in violation of these standards, I was not provided with this information. When selling goods in violation of clause 69 of the “Rules of Sale...” I was not given certificates for cut natural precious stones.

Based on paragraph 1 of Art. 12 of the Law of the Russian Federation “On the Protection of Consumer Rights”, if, when concluding a sales contract, complete appropriate and reliable information about the product provided for by the above norms is not provided, the consumer has the right to refuse to fulfill the contract within a reasonable time and demand a refund of the amount paid and compensation for other losses . And by virtue of paragraph 4 of Art. 12 of the Law, the consumer has the right not to have special knowledge about the properties and characteristics of the goods sold to him.

According to Art. 22 of the Law, the consumer’s demand must be satisfied within 10 days (from the date of application), and for delay in satisfying this demand, the seller is obliged to pay the consumer a penalty (1% of the cost of the goods for one day of delay). By virtue of the above law, payment of the penalty must be made by the seller voluntarily (Article 13).

I inform you that if the requirement is not met, I have the right to conduct an independent examination of the quality of the product and its compliance with the information that was brought to the attention of the consumer, which will entail additional costs for you. If the dispute is referred to the court and the court satisfies the consumer's claims, you will be charged legal costs, and may also be required to compensate for moral damage caused to me.

In addition, in accordance with paragraph 6 of Art. 13 of the Law, if the court satisfies my demands, then the court may impose a fine in the amount of fifty percent of the amount awarded in favor of the consumer from the seller for failure to voluntarily satisfy the consumer’s requirements.

On December 21, 2014, I contacted the seller in your department with a request to pick up the low-quality product and return its cost to me, but was refused.

Thus, by selling a low-quality product, without providing reliable information, and unreasonably refusing to satisfy a legal requirement, you violated my consumer rights. Based on the above, guided by Art. Art. 4, 10, 12, 13, 18, 22 of the Law of the Russian Federation “On the Protection of Consumer Rights”, given that the jewelry: necklace, bracelet and earrings were purchased by me as a set,

1. Immediately terminate the purchase and sale agreement with me for jewelry of inadequate quality and return to me their cost in the amount of 200,000 rubles.

I suggest that you resolve the dispute out of court, since if legal requirements are not satisfied, I will be forced to seek protection of violated consumer rights in court, where I will ask for compensation for material losses, moral damages and a penalty for delay in satisfying my legal demand. If the stated claims are satisfied, you will be charged all legal costs (state fees, costs of conducting an examination, costs of paying for the services of a representative, etc.), as well as a fine for non-compliance with the consumer’s requirements on a voluntary basis (50% of the amount awarded by the court in consumer benefit).

Enclosure: Copies of the sales receipt for the necklace and bracelet and the sales receipt for the earrings.

Date ______________

Signature _____________

Also on the site pages:

Samples of claims, claims.

Compliance with the pre-trial procedure for resolving a dispute allows you to reduce the time it takes to resolve the issue, avoid the preparation of documents and legal costs. If a counterparty has violated your rights or failed to fulfill its obligations, you should first contact them with a complaint.

How to file a claim for the return of jewelry of inadequate quality

According to Article 18 of the Law “On Protection of Consumer Rights”, the buyer has the right to demand:

replacing the product with a product of the same or another brand;
proportionate reduction in the purchase price;
eliminating product defects;
termination of the purchase and sale agreement and return of money.

A complaint to a jewelry store is made in any written form and usually contains the following items: information about the sender and recipient, the grounds for the complaint (date and place of purchase, name of the jewelry, its cost), requirements for the counterparty and evidence of their validity. In addition, the document should indicate references to the legal acts that govern the dispute (to the Law “On the Protection of Consumer Rights”, Civil Code of the Russian Federation).

A sample claim for the return of jewelry can be sent in person, by mail (by registered mail with a list of contents) or by courier. Whatever delivery method you choose, be sure to keep written evidence that the claim letter was delivered to the recipient. A copy of the claim, certified by the signature of the addressee, or a postal receipt will do.

If the sample claim regarding the quality of the jewelry remains unanswered or the counterparty refuses to satisfy the requirements, you should file a claim in court. You can also file a competent claim using our online service.

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