Can the jewelry be returned? How to return defective jewelry. Is it possible to return or exchange jewelry: legal grounds and methods

In order to protect themselves, jewelry stores refuse to accept the purchase back.

pricing. The cost of jewelry, as a rule, is very high, so it is simply not profitable for the owner of a jewelry salon to take the product back if the client no longer likes it.

Returning jewelry to a store Returning jewelry to a store As already mentioned, jewelry that is not defective or defective cannot be returned to the store and in this case there are no exceptions. That is, it is not possible to challenge the seller's refusal to exchange or return jewelry made of precious metals even through the courts. But at the discretion of the seller, he can return the money for jewelry or exchange it. In some jewelry stores, they meet customers halfway and carry out an exchange or return of serviceable items made of precious metals if they do not fit in some parameters.

Rules for the exchange and return of jewelry in accordance with the law

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If the seller requires an examination, then it must be remembered that it is carried out only at the expense of the store itself. It is also often offered to issue a claim letter about the return and its reasons. To make things go faster, it is recommended to contact the consumer protection society.

Important

During the purchase, in order to avoid conflict situations, it is better to immediately stipulate the possibility of replacing or returning the product. Many jewelry stores today independently set the terms for the return of goods, and in case of an inappropriate size, they can offer a replacement for another. However, you must have the product itself in good condition, a tag from the product, and a check with you.

When exchanging or returning in such a situation, store employees may ask for payment of a penalty.

Can I return jewelry within 14 days?

medical devices and preparations;
hosiery;
childen's goods;
personal care products;
jewelry.

Among the reasons why the return and exchange of jewelry in Russian stores is impossible, experts name the following:

pricing (the cost of jewelry at which they are sold in stores, as a rule, is an order of magnitude higher than their cost. Hence the unprofitability of returning money to a buyer for a product that he simply did not like);
originality of products (in this aspect, the fake factor is triggered, since the seller, as a rule, cannot determine whether the buyer provides the original product for return or exchange).

Proper quality In general, as we have already been able to deal with you, jewelry of proper quality cannot be returned or exchanged.

Can I return jewelry to the store within 14 days?

How to act in such a case? It is important to familiarize yourself with the regulatory regulation of this issue, namely, with the norms of the Federal Law "On Protection of Consumer Rights". According to the norms of federal legislation, jewelry of inadequate quality is subject to return, that is, those that have significant (visible and invisible) defects, as well as a discrepancy between the quality of the real product and the characteristics indicated in the documents for it. First of all, try to resolve the issue peacefully.

And remember that compliance with the return deadlines established by law, namely the ten-day period, guarantees the return of the full amount paid for the goods. In the event that you contact the store after this period, you will be charged an additional fee of one percent of the value of the goods.

Returning jewelry to the store

This type of examination is carried out at the Gemological University at Moscow State University, at the State Assay Office and in some other institutions. In particular, a refund or exchange of products is carried out if the following defects are found:

visible and hidden defects of products;
improper quality of decoration;
non-compliance with the declared characteristics.

If the jewelry store refuses to conduct an examination, contact the expert institution yourself, however, in this case, you will have to pay for the work of experts on your own. Litigation If the seller refuses to solve the problem of exchanging or refunding money for low-quality jewelry and writing a claim did not work, go to court.
The statute of limitations for this category of cases is 1 year.

Is it possible to exchange jewelry if the size does not fit?

If the buyer proves that it is defective, then the jewelry store will refund the full cost. Can I return jewelry within 14 days? Jewelry is a wonderful gift, always appropriate. But when choosing jewelry, it is quite easy to make a mistake with the size of the ring, the length of the bracelet or chain. In the end, you may simply not like the thing.
How to proceed in order to return a gift or make an exchange, and is there such a possibility at all? Table of contents:

The position of domestic legislation
Solutions to the problem
Procedure in case of refusal
Returnable Jewelry
Return procedure in case of purchase of a fake

Position of domestic legislation Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

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Alternatively, if the buyer wishes, the entire amount of money paid by him for the purchased defective goods can be returned to him;

If you have any doubts about the authenticity of the sample indicated on the product, you must make a written claim addressed to the owner of the jewelry salon (shop) where you purchased this product. In this case, as well as in the first case, the owner is obliged to conduct an examination of the product at his own expense. If the results of the examination indicate that the product is fake, the buyer must return the full cost of the goods.
If the owners refuse to return the money to the buyer, it is necessary to demand a written refusal from them, which will certainly come in handy if you file a characteristic complaint with the supervisory authorities.

Note.

Exchange and return of defective jewelry

Attention

We open this list and see that paragraph 9 indicates jewelry made of precious metals and (or) precious stones, cut gems. The ring you want to exchange is considered jewelry if it is made of precious metals or gemstones. And this means that you will not be able to exchange or return a ring that is considered jewelry, you will be refused in the store according to the law.

You can find the list of non-food products of good quality that cannot be returned and exchanged for a similar product in Decree of the Government of the Russian Federation of 01/19/1998 N 55 (as amended on 12/23/2016) and familiarize yourself with it, this list does contain jewelry.

Can I exchange jewelry if it doesn't fit?

The consumer can return the product without giving reasons, whether it is of proper quality or not. Do you feel the difference between the usual way of buying when you need to come to the store and the remote way? With the remote method, the list of non-food products that are not subject to exchange and return does not work, the seller does not have the right to refer to it and deny you your right to return the goods. This is precisely the advantage of a remote purchase, in which case you can return your and any other jewelry to the seller without explaining the reasons and, as already mentioned, it does not matter if it has flaws or not.
But there are certain rules regarding goods of good quality that are returned back to the seller. Thus, the buyer cannot refuse a product that has individually defined properties, that is, if the product can only be used by the buyer.
If, in accordance with the conclusions of the commission, the falsity of the products becomes obvious, then the store must return the entire amount paid for the goods to the buyer. If the jewelry store refuses to return the money, demand a written explanation of the reasons for the unwillingness to return the funds. It can be useful in case of applying to various state bodies of control and supervision, including judicial ones. Note.

Controlling organizations mean the territorial administrations of the Federal Antimonopoly Service of the Russian Federation. Contact them after receiving the conclusion of the expert commission, which will establish the fact of forgery. Special examination at a professional level in the territory of the Russian Federation is carried out by the State Assay Office and the Gemological Center of Moscow State University.

According to the current legislation, jewelry is included in the list of goods that are not subject to return and exchange. However, there are exceptions to this rule, and they can be used to return the jewelry to the store. In what cases does the buyer acquire such a right, and what actions must be taken in order to use it?

In what cases can a refund be issued?

The Law "On Protection of Consumer Rights" provides for the possibility of returning the goods within 14 days from the date of its purchase in the event that it did not fit in color, size, style and other similar characteristics, provided that the item was not in use, as well as the integrity of the factory tags and labels is not violated.

Jewelry and ornaments are not subject to this law because are included in the list of products that are not subject to exchange and return.

You can return such a product only if it does not meet the quality requirements for it:

discrepancy between the information provided by the seller during the sale and the actual characteristics of the goods: for example, if during the examination of a gold ring it turns out that it is actually made of another metal and covered with gold plating;
the purchased product began to break down: the clasp broke, the stone fell out, the chain broke, etc., provided that the damage is not the result of their improper use;
a watch made of precious metal has stopped running, or shows an inaccurate time, without being able to be adjusted.

Sometimes sellers accept a low-quality product immediately, but in some cases an independent examination may be required.

How do I return defective jewelry?

In order to return or exchange a piece of jewelry that has defects, you must contact the store that sold it. If a return request is refused, you can return the product and receive the money paid for it as follows:

Draw up a claim addressed to the director or owner of the store, indicating all the circumstances of the purchase and the reasons for which it is required to replace or accept the jewelry. The document must be prepared in two copies - one should be handed over to the store employees, and the second should be kept, having previously certified it with a signature of the person who accepted it. It must indicate the date the document was handed over to the seller's representative. In the event that the claim is refused to be accepted, it must be sent by registered mail with acknowledgment of receipt;

In the event that after the expiration of the time allotted for the fulfillment of the requirements specified in the claim, the return was not made, the buyer has the right to apply to the court. As evidence of his innocence, he can present the jewelry itself with defects, the conclusion of an independent expert on their presence, a copy of the claim and the received notice of its delivery to the recipient.

As a rule, such cases are resolved in favor of the plaintiff, so the owners of jewelry stores try not to bring the case to court, but to resolve it peacefully. To do this, it is enough to make a claim in writing and send it to the representative of the seller. In the event that the requirements are justified, a full refund will be made.

Not all citizens of the Russian Federation know their rights to return goods to the store. If a product of inadequate quality is purchased and a person wants to return it, he should refer to the text of the Federal Law 2300-1 "On Protection of Consumer Rights". It details all aspects regarding the return and exchange of any purchase.

The Federal Law specifies the rules for the return and exchange of goods such as household appliances, electrical appliances, food, things, shoes, and so on. With regard to gold and silver jewelry, their return and exchange is possible only in accordance with with article 18 of this law. the provisions of this article state that if the buyer notices flaws in the jewelry that the seller did not report, then the consumer has the right to file a claim.

According to the law, The consumer has the right to make demands to the seller:

about replacing a piece of jewelry with exactly the same one;
about replacing with another piece of jewelry, taking into account the change in price;
about a price reduction due to the presence of a marriage on the jewelry;
about the elimination of the defect at the expense of the seller;
on reimbursement of expenses incurred by the buyer when eliminating the marriage;
on the return of funds in full for the goods paid (in this case, it is necessary to return the jewelry of inadequate quality back to the store).

Based on their provisions of Article 18 of the Law “On Protection of Consumer Rights”, it follows:

in the case when the jewelry does not fit in size, style, etc., then the return of gold and silver to the store is not possible;
if the jewelry is defective (of poor quality) and this fact can be confirmed by an examination, then a return is possible.

What does the RFP say about selling jewelry?

The Federal Law "On Protection of Consumer Rights" in Article 26.2 specifies the rules for the sale of jewelry. The text of this article contains provisions that the terms of trade in jewelry made of gold and silver are established by the Government of Russia.

Download the text of the consumer protection law

When purchasing anything you need, you need to make sure that there are no defects. To do this, you should carefully examine the goods, especially for expensive jewelry. For example, if there is a marriage on the clasp of a gold chain, it can unfasten and get lost. Therefore, it is important to detect the defect as early as possible.

But if, when buying a piece of jewelry of inadequate quality, the marriage was not noticeable, then after its discovery, you need to familiarize yourself with your rights to return the jewelry back to the store. To do this, you should study the full version of the law. You can download the latest version of the Federal Law of the Russian Federation 2300-1 "On the Protection of Consumer Rights" with amendments and additions at

The relevance of the information was agreed with the project partner Mincredit.ru.

Are items made of gold and silver subject to return to the store or exchanged for another product in Russia, if not, then why? Whether the return of gold and silver will be possible is regulated by the norms of Article 18 of the Law "On Protection of Consumer Rights". All provisions of the article indicate that if any flaws in the jewelry were noticed by the buyer, then he can file a claim. This applies if the seller did not tell the buyer in time that there are shortcomings.

The buyer can also make the following demands to the seller::

reduce the price of goods due to poor quality jewelry;
eliminate the defect at the expense of the seller;
reimburse the costs of eliminating the marriage;
return the money for the goods.

The article also states that:

returns cannot be made if the product does not fit at all in its size, the chosen style;
can be returned if the receipt is available, and the jewelry itself is defective, but this is determined after an appropriate appraisal examination;
if there is a sales receipt and a good-looking piece of jewelry, then the seller must return the money or replace the purchase.

Attention! Those acquisitions made of gold and silver, on which an incorrect sample has been put, can be returned. An examination is carried out, in accordance with which the authenticity of such a mark is determined.

What are the rules of procedure in Russia, is a check required by law?

If we consider the existing law, then it will be possible to return or exchange a product in a store only if information about the marriage in the jewelry is provided. The fact is that the sellers are not directly responsible for the lack or quality of the goods, especially if it has already been sold to the buyer.

By law, you can return a piece of jewelry to the salon if the following grounds appear:

It is worth returning any jewelry immediately after a defect is discovered, but one should not forget about the established service life according to the law.

If a defect in a product made of silver or gold was noticed within 14 days from the date of purchase, then such a product can be returned without any problems.

In the event that the marriage was hidden, you can return the jewelry within the entire warranty period. Such a defect can be detected after a special examination. The warranty period is usually set by the manufacturer. so it may be different.

If, when purchasing a product made of gold and silver, a warranty period was established on them, then the buyer, if he notices defects, can:

Fully receive the amount paid and return the jewelry back to the store. A confirmation of the sale and purchase transaction will be the presence of a cash or sales receipt. The current warranty period is indicated in the product passport, so it is easy to check.
Return the purchased jewelry to the store and get the same product instead, but without defects. The difference in the possible cost will be fully compensated by the seller himself, in the event that the new product is more expensive than the one that was returned.
The seller at his own expense will correct all defects that are noticed by the buyer. This applies if the defect was discovered during the warranty period of the product.

An important point when returning jewelry during the warranty period is that during the examination, the entire cost of such a procedure will be paid by the seller.

Is it always possible to exchange a gold jewelry that does not suit you for another in a store? Store employees may refuse to accept and exchange jewelry if the buyer slightly violates the rules established by law:

return deadlines are not met;
the defect of the goods happened after the purchase;
the warranty period for gold and silver products has expired.

Only under the above conditions will the jewelry item be considered undeliverable to the store. If the buyer can adhere to all the norms of the law on the return and exchange of jewelry, then the seller will be obliged to fulfill his requirements.

How to return or exchange a gold ring or other jewelry if it does not fit?

If a defect is found in the purchased jewelry product, then it is worth doing the following:

Contact the store as soon as possible and notify the seller or manager.
Make a written claim, according to which the product will be sent for examination.
According to the results of an expert assessment, information about the quality of the goods is formed.

The buyer may, if he wishes, request an examination. The quality of the product, the sample and all the relevant nuances of the jewelry are checked. In the Assay Chamber of the Russian Federation, you can get an official conclusion.

Examination is carried out only by a specialist in this field. It is an external examination of the jewelry, with the installation of the presence of seals, defects, traces of operation. According to its results, it is possible to draw up an act that will act as evidence when applying to the store and the court.

The seller may be uncompromising and generally refuse to return the product. That is why the buyer has the right to make a written claim. It corresponds to the established structure, so you need to specify:

Justice can be achieved only if the buyer acts confidently and quite decisively. Knowledge of the rights and provisions of the Law "On Protection of Consumer Rights" will help in this matter.

The money is returned to the buyer only after consideration of the written claim. This may take several days. During this period, the buyer will be in constant contact with specialists who deal with the issue of returning and exchanging goods.

What to do in case of refusal?

Before filing a lawsuit, you must apply with a written claim to the store. This document should be marked that the claim has been accepted and considered. If the store refused to accept the claim, then you can safely go to court.

In that case, when a piece of jewelry costs less than 50 thousand rubles, you need to apply to the world court. If the decoration exceeds the amount of 50 thousand rubles, then it is better to file an appeal with the city court.

For such an appeal, you need to use a consumer protection lawsuit. The buyer in the documents is indicated as the plaintiff, and the seller as the defendant. The claim is filed at the place of registration of the buyer, seller or store. The plaintiff has the right to choose the court at his location.

Such claim must include:

Copies of all documents must be attached to the claim. It is necessary to provide sales and cash receipts, the results of the examination, the answers to the claims submitted. This statement is signed, the corresponding date is put.

If the claim is filed in the usual manner, the plaintiff pays the state fee in full. In the event that the amount of the claim does not exceed 1 million rubles, the buyer is released from this obligation.

You can file a claim with the office or the duty judge. If the application is accepted, then it is considered for one month in the magistrate's court and for about two months in the city court. As a result, a court decision is announced on the full or partial satisfaction of the plaintiff's claims. If the buyer is not satisfied with the decision of the court, then he can file complaints with a higher authority.

It is important to understand that if a person can prove his case, then he will definitely return the money. Knowledge of laws and rights allows you to live in the right world, in which no one can deceive.

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