Claim for low-quality jewelry. Jewelry sold was of poor quality. ○ Is there a warranty for jewelry

Hello, we need to refer to the consumer protection provisions.

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

1. The consumer, if any defects are found in the product, if they were not specified by the seller , at his own discretion, he has the right to:
demand replacement with a product of the same brand (same model and (or) article);
demand replacement with the same product of another brand (model, article) 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;
refuse to fulfill the purchase and sale agreement and demand a refund of the amount paid for the goods. At the request of the seller and at his expense, the consumer must return the defective product.
In this case, the consumer also has the right to demand full compensation for losses caused to him as a result of the sale of goods of inadequate quality. Losses are compensated within the time limits established by this Law to satisfy the relevant consumer requirements.
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 demands, the consumer has the right to return goods of inadequate quality to the manufacturer or importer and demand a refund of the amount paid for it.
4. Lost power.
5. 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 a basis 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, if necessary, carry out a quality check of the goods. The consumer has the right to participate in checking the quality of the product.
In the event of a dispute about the reasons for the occurrence of defects in the goods, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, or the importer are obliged to conduct an examination of the goods at their own expense. The examination of goods is carried out within the time limits established by Articles 20, 21 and 22 of this Law to satisfy the relevant consumer requirements. 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 examination in court.
If, as a result of the examination of the goods, it is established that its defects arose 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 the examination, as well as those associated with its implementation. costs of storing and transporting goods.
6. The seller (manufacturer), authorized organization or authorized individual entrepreneur, importer is responsible for defects in goods for which there is no warranty period, 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 goods for which a warranty period has been established, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer is responsible for defects in the goods unless he proves that they arose after the goods were transferred to the consumer as a result of the consumer’s violation of the rules for use, storage or transportation of the goods, actions of third parties or force majeure.

According to Art. 12 Rules for the sale of products made from precious metals and precious stones, jewelry cannot be returned to the store. The exception is such cases when the goods turned out to be . Only in this case, if you have a sales receipt, return jewelry to the store is possible.

A product is considered to be of inadequate quality if it is damaged or 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 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. According to Art. 18 of the Law of the Russian Federation “On”, If the buyer has purchased a low-quality item, he has the right:

to replace it;
to eliminate its shortcomings free of charge;
to reduce the cost of goods according to markdown;
to immediately terminate the contract and receive your money back.

If a high-quality jewelry item was purchased, then the buyer has no right to return it.

What period of time is given to the buyer to return a defective piece of jewelry?

In accordance with Art. 13 of the Rules for the sale of products made of precious metals and precious stones, a buyer who discovers defects in a product after purchasing it may return the product to the seller within 6 months from the date of purchase. In order for the buyer's requirements to be met, he should have with you and present in the store a receipt for the purchased product.

If the seller doubts that the poor quality of the goods is his fault, then he is still obliged to accept the goods from the buyer and can appoint an independent examination, based on the results of which the dispute will be resolved.

So, You can return jewelry to the store if three conditions are met:

you purchased,
you have a receipt for the purchase of this product,
less than 6 months have passed from the date of purchase of the product.

Seller's responsibility

If the seller refuses to accept the defective product back, or in the event of another violation, he is liable in accordance with current legislation. The law provides for the payment of penalties, penalties and other measures permitted by law in such cases. Deceived buyers can contact Rospotrebnadzor authorities or file a lawsuit to protect their rights.

In some situations it can be very difficult to prove your case or questions may arise when submitting statement of claim to court, in such cases experts advise use the services of lawyers. This will increase your chances of success.

Thus, after analyzing the legal norms, we can say that returning jewelry to a store is possible in the event that the buyer has discovered defects in the product that were not his fault. You should present the purchase receipt to the seller and resolve the situation.

Returning jewelry often raises a lot of questions from customers to our consumer protection attorney. Controversial cases are resolved legally.

Customers often wonder whether jewelry can be returned. The law focuses on the warranty period inherent in all durable items. If the client discovers a defect, then he can actually contact the store. It is the buyer who chooses replacement, repair or refund of the amount paid. At the same time, you need to remember that it is impossible to return gold jewelry with traces of damage due to non-compliance with the operating instructions. In some cases, the buyer wants to refuse the purchase for other reasons. It will be impossible to do this, because jewelry of proper quality cannot be returned. Our consumer rights lawyer will become your advisor: he will resolve the controversial situation with the store professionally, profitably and on time.

Is it possible to exchange jewelry if the size is not correct?

When we buy jewelry, many of us wonder what to do if the size of the ring, bracelet or chain does not fit. Most often, people try to exchange purchased goods, but sellers reasonably refuse them.

Since, despite the buyer’s ability to exchange non-food products of proper quality within a fourteen-day period, there is a list of goods that cannot be returned or exchanged in any case. Such a list was established by government authorities. Unfortunately for buyers, fortunately for sellers, jewelry cannot be exchanged or returned, provided it is of proper quality.

Jewelry sellers, if a buyer’s complaint has been sent to you, you need to respond to it; read the link below for information on how to write it.

USEFUL: watch a video on the topic of returning goods to a store and write your questions in the comments of the video on the YouTube channel to get advice from a consumer protection lawyer

How to return jewelry to a store?

In order to correctly carry out the procedure for returning jewelry of inadequate quality, you must:

Write a return request with a mandatory indication of the reasons for the return
Express consent to an examination of a precious item by the seller or provide the results of such an examination for the seller performed by a third party - an independent expert
Upon expiration of the examination period and confirmation of the fact of inadequate quality, the buyer will have the right to demand a reduction in the price for the product or to eliminate the defects of the product free of charge, as well as refuse the purchase and return the money.

Jewelry return period

As we have already found out earlier, jewelry cannot be exchanged just like that, for this you need good reasons. However, one should not confuse the exchange of jewelry with the replacement of such items of poor quality. Next we will talk about returning goods of inadequate quality. Inadequate quality of jewelry should be understood as:

improper fastening of components, locks, hinges
presence of factory cracks, chips, scratches and other manufacturing defects
absence or non-compliance with the state hallmark

Therefore, if your case is one of the above, then the replacement of the presented product must be carried out within seven days, and if additional verification of the product is necessary, this period increases to twenty days. In the absence of a similar product, the buyer will have exactly a month to replace it, but if after given period the buyer's requirement is not met, then he will have the right to file. Read on to learn how to do this correctly by following the link.

Sample claim for return of jewelry

A necessary condition for returning jewelry, as stated above, is to write a corresponding claim to the seller. Below you will see what you should most pay attention to when drawing up such a document:

First of all, you should point out the shortcomings of the product, indicating its poor quality;
In the petition part, it is necessary to clearly formulate the requirements;
It is advisable to submit a claim to the address indicated in public registers;

For example:

LLC Jewelry store "Golden Ring"

From Ivanov Ivan Ivanovich

Claim for return of a gold ring of inadequate quality

01/15/2018 I bought a gift for my wife in your jewelry store - Golden ring with a diamond, the color of the gold began to change as it was worn. After contacting an independent expert and receiving advice from him on the quality of the ring, I received an answer about the shortcomings of the materials used in the production of the jewelry.

Ask:

Due to the defective jewelry, I ask you to return it to me cash, paid in cash in the amount of 50,000 rubles (check dated January 15, 2018 attached)
respond to me within 10 days by phone number specified in this complaint.

Application: receipt for the purchase of a gold ring

Date, signature

By following these rules, you can always protect yourself from dishonest actions of the buyer in any situation. Read about what they are by following the link.

Attention: watch the video on the topic - how to protect your consumer rights, and also subscribe to our YouTube channel so as not to miss useful information and the opportunity to consult a lawyer for free:

Mandatory study of accompanying documents

Direct protection of consumer rights when selling jewelry begins with providing the buyer with information about each piece of jewelry: registration and accounting papers, price list. Inspection of a potential purchase object is carried out as follows:

hallmark impression;
domestic products have a name set by the manufacturer;
foreign products have the RGP stamp.

Before purchasing jewelry, you must study the information on the label. Product name, manufacturer information, article number and weight, size and type of metal, listing of available precious inserts. It is strongly recommended to make sure that the jewelry item is hallmarked by the Russian Assay Office, otherwise it is impossible to exchange and return jewelry to the store of inadequate quality. A legally affixed mark contains the following information:

Assay inspection number;
identification mark;
numbers reflecting the sample of the product.

A receipt indicating the cost and parameters of the product serves as confirmation of the transaction. Just below it indicates the details of the stores.

The law allows the seller to refuse such a request, so at the selection stage it is necessary to carefully weigh the pros and cons. If you are also interested, you can read about it using the link.

Consumers are often unaware of the need to know everything about their rights and responsibilities. Not always honest sellers take advantage of such ignorance, violating the law, which strongly protects the rights of any consumer. It is better to make a choice in favor of legally operating stores that have a license and certificates of conformity for all products. You need to familiarize yourself with these before concluding a purchase and sale transaction.

Our consumer protection lawyer will help you resolve your dispute with jewelry store on favorable terms for you and compensation for expenses for legal services.

Everyone runs the risk of finding themselves in a situation where a purchased item needs to be returned or exchanged. And since sellers are not eager to part with money, disputes may arise that are not always resolved in favor of the buyer.
Today we’ll talk about what to do if you bought jewelry that turned out to be defective or you just didn’t like it and you want to return it.

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○ What does the law say?

The circulation of precious metals is regulated by:

Law of the Russian Federation “On Currency Regulation and Currency Control” dated October 09, 1992 No. 3615-1.
Federal Law “On Precious Metals and precious stones" dated March 26, 1998 No. 41-FZ.
Decree of the Government of the Russian Federation dated June 18, 1999 No. 643 “On the procedure for testing and marking products made of precious metals” and other regulatory legal acts.

By general rule Jewelry cannot be exchanged or returned. The seller should warn you about this when making a purchase. However, when purchasing this category of goods, the interests of buyers are also protected by the Consumer Rights Protection Law (hereinafter referred to as the Consumer Rights Protection Law).

✔ ZTD.

Despite the fact that this law provides for the possibility of exchanging or returning goods of good quality, this does not apply to jewelry.

They are included in the “List of non-food products of good quality that cannot be returned or exchanged for a similar product of a different size, shape, dimension, style, color or configuration,” approved by Decree of the Government of the Russian Federation dated January 19, 1998 No. 55.

Therefore, you can return jewelry to the store only if it is found to be defective.

If defects are discovered in the product, if they were not specified by the seller, the consumer has the right to:

Request a replacement for a product of the same brand (same model and (or) article).
Request 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, free of charge elimination of defects in the product or reimbursement of costs for their correction by the consumer or a third party.
Refuse to execute the sales contract and demand a refund 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 (clause 1 of article 18 of the PZPP).

○ What should be included with the decoration?

In order to be able to return the product if defective, you must have appropriate documentation confirming the authenticity of the product.

✔ Mandatory indication of the sample.

A seal is a special mark that is applied to a product made from precious metals. It consists of letters and numbers and indicates the quality of the alloy, which is determined by the ratio of the base metals in the jewelry. The presence of a seal guarantees that the product has passed state control and corresponds to the data indicated on it. Let's consider how to determine the meaning of numbers and letters on the selected decoration?

The numbers indicate the quality of the product and the percentage of gold content. The following types of samples are used in Russia:

375 – gold content 38%.
500 – gold content 50.5%.
585 – gold content 58.5%.
750 – gold content 75.5%.
958 – gold content 95.38%.

The letter indicates the government inspectorate that supplied the sample.

✔ Sealed tag.

Tag containing detailed information information about the purchased product is attached to it with special seals from the manufacturer. This protects both the jewelry itself and the tag attached to it from counterfeiting. This is why it is so important to only buy jewelry that has a sealed tag, guaranteeing that the quality of the product corresponds to its stated characteristics.

In addition, this small piece of paper acts as the official certificate of the manufacturer and is a legal document. Therefore, if, when purchasing, the seller offers you to replace the tag with another document, this is a reason to be wary.

○ Can I return a ring or earrings within two weeks?

Jewelry cannot be returned to the store just because when you came home you realized that it did not suit you. On this type Goods are not subject to the right of return within 14 days, which is enshrined in the PSA. By law, you can return a product only if it is defective. However, many stores accommodate customers halfway and give several days for a return or exchange. This is possible if, for example, the jewelry is purchased as a gift and the buyer doubts whether he got the size right. This possibility must be discussed before making a purchase.

○ Is there a warranty for jewelry?

The warranty for jewelry is established by the manufacturer and is indicated in the warranty card, which is issued when making a purchase. If it is not specified, you have the right to return the defective product within 2 years.

○ Which product is considered to be of poor quality?

In order for you to be able to get your money back or exchange the product for a similar one, the product must be found to be of poor quality. Let's consider how such a conclusion can be achieved.

✔ Jewelry examination.

If disagreements arise regarding the quality of the goods, an examination is carried out, the result of which is an official conclusion. It is carried out by the seller.

In the event of a dispute about the reasons for the occurrence of defects in the goods, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, or the importer are obliged to conduct an examination of the goods at their 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 examination in court (Part 3, Clause 5, Article 18 of the PZPP).

✔ Who pays for the examination?

The seller pays for the examination, which is enshrined in Article 18 of the PPA. But if the results reveal that the detected defects arose through the fault of the buyer, he is obliged to compensate the cost of the examination.

If, as a result of the examination of the goods, it is established that its defects arose 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 the examination, as well as those associated with its implementation. expenses for storage and transportation of goods (part 4, clause 5, article 18 of the Labor Code).

✔ Duration of the examination.

The amount of time that will be spent on the examination is determined by the presence of specific claims and the complexity of the procedure. On average, it takes from 10 days to a month. The warranty period for the product is extended for the period required for the examination.

All people buy jewelry at least once in their lives.

Some of them face unpleasant problems such as marriage.

Please understand that it is possible to return such a product.

But when the product is of proper quality, it cannot be returned.

Jewelry is included as a non-refundable item on a normal basis.

It is also unlikely that you will be able to deceive the seller, since in case of doubt he has the right to carry out a special investigation. Let us consider in detail how the return of jewelry of inadequate quality is carried out.

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What the law says

Quite often it happens that people return various goods to the store, only because they did not like the style or size. But this item is included in the non-returnable list for one simple reason: the jewelry is original and very high price. In this regard, there is a high probability of fakes.

An unscrupulous buyer may substitute a cheap fake instead of the original product. After all, the seller is not an expert, he may not notice this fact.

That is why the law protected sellers. Besides this, almost everything Jewelry have a selling price.

It is many times higher than the cost. Therefore, returning a product based on “did not fit” is unprofitable.

Therefore, it is better not to rush into buying jewelry. It is impossible to give them back to them if they are of excellent quality.

The only solution to this problem is to reach an amicable agreement with the seller. This is possible only if he himself agrees to meet the buyer halfway. Just remember that he is not obliged to do this by law.

Concept of low-quality jewelry

It is necessary to correctly determine what a low-quality product is. Even a simple person can do this.

Sufficient quality includes:

Lack of working locks on jewelry.
Unreliable fastening of stones in jewelry.
Presence of mechanical defects: burrs, burrs or bevels.
There may be defects in pearls or stones: chips or cracks.

When such conditions are present, the seller is legally obliged to accept the goods. It can be replaced with another product. Thus, the return of jewelry of inadequate quality (Article 25) for the reasons listed is quite possible.

Procedure for returning goods of poor quality

If the buyer finds a defect on the product, there is no need to rack his brains, he should immediately go to the store. You must take with you:

Not a quality decoration.
Product packaging and price tag, if available.
Receipt of payment.

When there is no purchase receipt, you can return the product, but you will have to prove that it was purchased in this particular store. You may have to do this in court.

The selling party has every right conduct an examination. This will help determine where the defect originated. This may have been due to the buyer's fault. After the examination, a decision is made on further actions.

The buyer also has the right to submit the jewelry for examination. In this situation, he may additionally claim the cost of this procedure.

Possible return time

Jewelry of inadequate quality must be returned no later than six months from the date of purchase.

In this case, the jewelry must not be of adequate quality.

To file a claim with the seller, you must prove that the product was purchased from this seller.

Even when the store is sure that there is no manufacturing defect and the defect is the buyer’s fault, it must be accepted.

After this, a special examination is carried out, and after that the dispute is resolved.

Returning jewelry to the store is permitted subject to the following basic conditions:

The product was purchased with a defect.
There is a receipt confirming the fact of purchase in the store.
No more than six months have passed from the date of purchase of the goods.

The seller has no right to refuse the buyer. For this he may be held accountable in accordance with current legislation. The buyer has the right to demand payment of a penalty or fine.

When there is fraud, the buyer has the right to appeal to Rospotrebnadzor or the court. But for this you need to have evidence of the fact that the product was purchased from this seller.

Quite often there are situations when the injured party cannot prove his case in court. Therefore, it is better to immediately contact a legally competent person. This will make the chances of success much higher.

About the return of jewelry - in the video:

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