Hello, it is necessary to refer to the provisions on consumer protection.

In accordance with Article 18 of the Law of the Russian Federation "On Protection of Consumer Rights":

1. The consumer, in case of detection of defects in the product, if they were not specified by the seller , have the right to choose:
demand a replacement for a product of the same brand (the same model and (or) article);
demand a replacement for the same product of a different brand (model, article) with a corresponding recalculation of the purchase price;
demand a commensurate reduction in the purchase price;
demand immediate gratuitous elimination of product defects or reimbursement of expenses for their correction by the consumer or a third party;
refuse to fulfill the contract of sale and demand the return of the amount paid for the goods. At the request of the seller and at his expense, the consumer must return the goods with defects.
In this case, the consumer has the right to demand also full compensation for losses caused to him as a result of the sale of goods inadequate quality. Losses are reimbursed within the time limits established by this Law to meet the relevant requirements of the consumer.
2. The requirements specified in paragraph 1 of this article are presented by the consumer to the seller or an authorized organization or an authorized individual entrepreneur.
3. The consumer has the right to present the requirements specified in paragraphs two and five of paragraph 1 of this article to the manufacturer, authorized organization or authorized individual entrepreneur, importer.
Instead of presenting these requirements, the consumer has the right to return the goods of inadequate quality to the manufacturer or importer and demand the return of the amount paid for it.
4. No longer valid.
5. The consumer's lack of a cash or sales receipt or other document certifying the fact and conditions of the purchase of goods is not a basis for refusing to satisfy his requirements.
Seller (manufacturer), authorized organization or authorized individual entrepreneur, the importer is obliged to accept the goods of inadequate quality from the consumer and, if necessary, to check the quality of the goods. The consumer has the right to participate in the quality control of the goods.
In the event of a dispute about the causes of defects in the goods, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer are obliged to conduct an examination of the goods at their own expense. Examination of goods is carried out within the time limits established by Articles 20, 21 and 22 of this Law to meet the relevant requirements of the consumer. The consumer has the right to be present during the examination of the goods and, in case of disagreement with its results, to challenge the conclusion of such an examination in judicial order.
If, as a result of the examination of the goods, it is established that its defects have arisen due to circumstances for which the seller (manufacturer) is not responsible, the consumer is obliged to reimburse the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer for the costs of conducting an examination, as well as related to its conduct. storage and transportation costs.
6. The seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer shall be liable for the defects of the goods for which the 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 arose before that moment.
In relation to the goods for which the warranty period is established, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer is responsible for the defects of the goods, unless he proves that they arose after the transfer of the goods to the consumer due to the violation by the consumer of the rules for the use, storage or transportation of the goods, actions of third parties or force majeure.

Good afternoon, Valentina!

To understand the situation, I would like to clarify your appeals to the seller, the fact of acceptance of the goods, the results of the quality check, your subsequent comments, etc. somehow documented, were any claims or statements sent to the seller? What exactly were the requirements for the seller regarding the bracelet?

In accordance with the requirements of paragraph 5. Article 18 of the Law "On Protection of Consumer Rights" (hereinafter referred to as the "Law"), the seller is obliged to accept the goods of inadequate quality and, if necessary, to check the quality of the goods. Wherein, general term checking the quality of goods is not established by law. In accordance with paragraph 1 of Art. 21, the seller is obliged to replace the goods within 7 days from the date of presentation of the specified requirement, and if necessary, additional checks of the quality of the goods - within 20 days. Based on Art. 6 of the Civil Code of the Russian Federation, it can be concluded that, by analogy with the law, the norms of Art. 21 of the Law, that is, quality control can be carried out within 7 days, and if necessary, up to 20 days.

Article 22 of the Law provides for the deadlines for satisfying individual consumer claims, in particular, claims for the return of the amount paid for the goods and compensation for losses. These claims are subject to satisfaction within 10 days from the date of presentation of the respective claim. In this case, the quality check of the goods must be carried out by the seller within 10 days.

Accordingly, regardless of what kind of requirements you presented when returning the bracelet to the seller, the deadlines for checking the quality of the goods by the seller were violated and you have the right to demand payment of a penalty and compensation for losses.

In addition, in accordance with the requirements of paragraph 5 of Article 18 of the Law, in the event of a dispute about the causes of defects in the goods, the seller is obliged to expertise goods at your own expense. The consumer has the right to be present during the examination of the goods and, in case of disagreement with its results, to challenge the conclusion of such an examination in court. It is important to note that if, as a result of the examination of the goods, it is established that its defects have arisen due to circumstances for which the seller (manufacturer) is not responsible, you will be obliged to reimburse the seller for the costs of the examination, as well as the costs of storage and transportation of the goods associated with it.

You also have the right to independently conduct an examination of the goods to determine the causes of defects in the goods and present it to the seller along with a claim for reimbursement of the costs of the examination, or immediately go to court.

Once again I want to note that your requirements can be satisfied only if the defects of the bracelet have arisen for reasons for which the seller (manufacturer) is responsible, so weigh the pros and cons before taking any action. I agree with colleagues who recommend starting with sending a written claim to the seller indicating specific requirements, and this is often enough.

The product is considered to be of inadequate quality if it is damaged, damaged appearance, 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, watches. If there are scratches or other damage, or stones do not adhere well to the product, then this product is considered to be of poor quality. If the marking and the imprint of the sample on the product do not match the actual characteristics of the product, then it is also considered to be of inadequate quality.

Rules for the exchange and return of jewelry

d.). However, sometimes exchange and return jewelry is still possible. For example, this is allowed in the case when the purchase initially turned out to be of poor quality. Can defective jewelry 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 actual metal part (burrs, scuffs, bevels) may be revealed; there are also defects in stones or pearls (cracks, turbidity, etc.).

Can I return a piece of jewelry of inadequate quality to the store?

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

Industry Jewelry Forum

if there is no tag-label of the jewelry of inadequate quality, the buyer is entitled to refuse to exchange or return. 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, 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 goods with defects. 2. If not - paragraph 2, clause 1, article 19 of the RFPP: ​​In relation to goods for which warranty periods or expiration dates are not established, the consumer has the right to present these requirements if the defects of the goods are discovered within a reasonable time, but within two years from the date of their transfer to the consumer, unless longer periods are established by law or contract. At the same time: Clause 6, Article 18 of the LOZPP: The seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer is responsible for the defects of the goods for which the 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 the HS is installed on the goods, present the seller with one of the requirements of your choice under paragraph 1 of article 18 of the RFPO.

How to return an item of inadequate quality

Nizhnevartovsk Lawyers' answers (16) Good afternoon. In your case, the law says that the absence of a receipt is not grounds for rejecting consumer claims. Article 18 The fact that the consumer does not have a cash or sales receipt or other document certifying the fact and conditions of the purchase of goods is not a basis for refusing to satisfy his requirements. if necessary, check the quality of the goods.

Return or exchange of jewelry

It is they who should be guided by the return or exchange of jewelry. According to Art. 18 of the Consumer Rights Protection Act, if you find 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 goods with the same goods of a different brand with a corresponding recalculation of the purchase price; demand a commensurate reduction in the purchase price; demand immediate gratuitous elimination of product defects or reimbursement of expenses 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.

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Poor quality jewelry

Good afternoon Please help me to deal with the following situation. A month ago I bought gold earrings as a gift. The item was visually inspected upon purchase. When wearing the jewelry, a significant drawback was discovered - the fasteners of the product are constantly unfastened due to the fact that one of the elements of the fastener bends very strongly. The cash receipt was lost, but they paid and there was an SMS in the phone confirming this purchase. Is it possible to exchange this product or return the money? Can SMS in the phone be proof of purchase of the product if the receipt is lost? How to proceed further and where to contact if the store refuses to exchange or? Thank you in advance.

Lawyers Answers

Mikhailovsky Yuri Iosifovich(04/14/2014 at 10:37:39 AM)

Good afternoon You need to contact the Seller with a Claim (2 copies), the main thing is that your copy is stamped, entry number and signature, if you refuse to accept, you can send it by registered mail with notification and description. The absence of a receipt does not cancel your rights, for the Seller, an SMS message may not be evidence, but for the Court it may well be evidence as well as testimony. Article 18 "O" expressly states that the Consumer, at his choice, has the right to: demand a replacement or refuse to execute the contract of sale and demand a refund of the amount paid for the goods. If the Seller claims that the jewelry cannot be returned for exchange - this is not the case, the Resolution refers to the product of good quality and most likely you will be offered to repair the product. If you are refused, then you can apply with, there is no state duty. For information: Article 15 of the Law of the Russian Federation "On Protection of Consumer Rights". caused to the consumer as a result of a violation by the manufacturer (performer, seller, authorized organization or authorized individual entrepreneur, importer) of the consumer's rights provided for by laws and legal acts Russian Federation , regulating relations in the field of consumer protection, is subject to compensation by the tortfeasor in the presence of his fault. The amount of compensation for moral damage is determined by the court and does not depend on the amount of compensation for property damage. Compensation for moral damage is carried out regardless of compensation for property damage and losses incurred by the consumer. Article 17 of the Law of the Russian Federation "On Protection of Consumer Rights". Judicial Protection of Consumers' Rights 1. Consumers' rights are protected by the court. 2. Claims for the protection of consumer rights may be brought at the choice of the plaintiff to the court at the place of: location of the organization, and if the defendant is an individual entrepreneur, - his residence; residence or stay of the plaintiff; conclusion or performance of a contract. If a claim against an organization arises from the activities of its branch or representative office, it may be brought to court at the location of its branch or representative office. 3. Consumers, other plaintiffs in claims related to violation of consumer rights are exempt from paying the state fee. Article 18 of the Law of the Russian Federation "On Protection of Consumer Rights". Rights of the consumer in the event of defects in the goods 1. If defects are found in the goods, if they have not been specified by the seller, the consumer has the right to: demand replacement for goods of the same brand (same model and (or) article); demand a replacement for the same product of a different brand (model, article) with a corresponding recalculation of the purchase price; demand a commensurate reduction in the purchase price; demand immediate gratuitous elimination of product defects or reimbursement of expenses for their correction by the consumer or a third party; refuse to fulfill the contract of sale and demand the return of the amount paid for the goods. At the request of the seller and at his expense, the consumer must with defects. At the same time, the consumer has the right to demand also full compensation for losses caused to him as a result of the sale of goods of inadequate quality. Losses are reimbursed within the time limits established by this Law to meet the relevant requirements of the consumer. In relation to a technically complex product, the consumer, in case of detection of shortcomings in it, has the right to refuse to fulfill the contract of sale and demand a refund of the amount paid for such a product or demand its replacement with a product of the same brand (model, article) or with the same product of another brand (model, article) with a corresponding recalculation of the purchase price within fifteen days from the date of transfer of such goods to the consumer. After this period, these requirements are subject to satisfaction in one of the following cases: detection of a significant defect in the goods; violation of the deadlines established by this Law for the elimination of defects in goods; the impossibility of using the product during each year of the warranty period in the aggregate more than thirty days due to the repeated elimination of its various shortcomings. The list of technically complex goods is approved by the Government of the Russian Federation. 2. The requirements specified in paragraph 1 of this article are presented by the consumer to the seller or an authorized organization or an authorized individual entrepreneur. 3. The consumer has the right to present the requirements specified in paragraphs two and five of paragraph 1 of this article to the manufacturer, authorized organization or authorized individual entrepreneur, importer. Instead of presenting these requirements, the consumer has the right to return the goods of inadequate quality to the manufacturer or importer and demand the return of the amount paid for it. 5. The consumer's lack of a cash or sales receipt or other document certifying the fact and conditions of the purchase of goods is not a basis for refusing to satisfy his requirements. The seller (manufacturer), an authorized organization or an authorized individual entrepreneur, importer are obliged to accept goods of inadequate quality from the consumer and, if necessary, to check the quality of the goods. The consumer has the right to participate in the quality control of the goods. In the event of a dispute about the causes of defects in the goods, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer are obliged to conduct an examination of the goods at their own expense. Examination of goods is carried out within the time limits established by Articles 20, 21 and 22 of this Law to meet the relevant requirements of the consumer. The consumer has the right to be present during the examination of the goods and, in case of disagreement with its results, to challenge the conclusion of such an examination in court. If, as a result of the examination of the goods, it is established that its defects have arisen due to circumstances for which the seller (manufacturer) is not responsible, the consumer is obliged to reimburse the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer for the costs of conducting an examination, as well as related to its conduct. storage and transportation costs. 6. The seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer shall be liable for the defects of the goods for which the 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 arose before that moment. In relation to the goods for which the warranty period is established, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer is responsible for the defects of the goods, unless he proves that they arose after the transfer of the goods to the consumer due to the violation by the consumer of the rules for the use, storage or transportation of the goods, actions of third parties or force majeure.

Sedchenko Sergey Nikolaevich(04/14/2014 at 10:41:12)

Hello, Tatyana. According to the "On Protection of Consumer Rights", each buyer has the right to return the goods to the outlet in two cases: when the purchased product turned out to be of poor quality, or when the quality product does not suit the buyer for any characteristics. In both cases, the law is on the side of the consumer and guarantees or a refund. In order for your request for a replacement or refund to be granted without a receipt, you need to obtain the testimony of a witness who confirms that the purchase was made in this store. In addition, you can present the store with warranty cards duly completed on the day the goods were purchased by the store employees, as well as any other documents that directly or indirectly confirm the fact of purchase. But even in the absence of documents, the store is obliged to accept low-quality goods. To return a defective product without a receipt, you need to write a claim statement. The document must indicate the exact name of the trade enterprise, your first name, last name, patronymic, place of residence and telephone number. In the text of the application, it is necessary to indicate the date of purchase, the name, brand (model) of the product, its cost. After that, it should be indicated under what circumstances and when the defect was discovered. Clearly formulate your requirement: return the money for the product or exchange it for a quality one. If, nevertheless, the purchased item as a whole suits you, you can demand that the store eliminate the identified defect; reduction in the cost of the goods in proportion to the discovered defect, as well as reimbursement of expenses incurred by you for the independent elimination of defects in the goods. Your request must be correctly reflected in the application. The application for the return of goods contains the exact name of the trade enterprise, complete information about the buyer. In the text of the application, you must indicate when, what product and at what price you purchased. Then you need to clearly formulate a claim: the size, color, equipment, etc. did not fit. The application is written in two copies, one of which is transferred to the representative of the store, and the second, with a receipt from the merchandiser or director on receipt of the claim, remains with the applicant. This is enough for the seller to accept the goods you do not need and return the money. If the trade enterprise delays the resolution of the issue or refuses to satisfy the claim at all, you should contact the Consumer Rights Protection Committee, where they will help you draw up and resolve your issue in court. My answer is your opinion. If you understand the answer, click +. If you need legal assistance, please contact me, I will be happy to help. Sincerely, Sergey Nikolaevich.