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According to Article 25 of the Law “On Protection of Consumer Rights”, glasses of inadequate quality can be returned to the store. It does not matter whether the glasses were purchased ready-made or whether they were made to order. What is the procedure for returning glasses to the retailer where they were purchased? Read in the article.
What are the rights of the consumer?
The Law “On the Protection of Consumer Rights” protects the rights of customers when trying to return to a store a product that did not fit for personal reasons or was completely defective.
According to Article 19 of the Law, the buyer has the right to return goods to the store, both of proper quality and of inadequate quality.
So, the buyer can return to the store an item that he simply did not like in the first 14 days. The reason for the return must be one of the following:
- Inappropriate shape;
- Inappropriate dimensions;
- Inappropriate style;
- Inappropriate color;
- Wrong size;
If the purchased product has a manufacturing defect or some kind of defect, it can be returned later than two weeks. If a warranty card was issued upon purchase, then when returning goods of inadequate quality, the buyer has the right to request:
- Return the money spent in exchange for the return of the item itself;
- Repair the defective item at the expense of the retail outlet;
- Exchange a product of poor quality for a product of similar (price and characteristics) of good quality;
- order glasses with other characteristics;
Can I return my glasses?
According to Article 25 of the Law “On Protection of Consumer Rights”, only one item of optics of proper quality cannot be returned to the store - spectacle lenses.
However, the Law does not refer to the return of spectacle frames. Therefore, if the frame you purchased does not suit you in shape, size or color, then produce
Thus, it follows that if the purchased glasses turn out to be defective, then you can return them from the store either during the warranty period (if it is not registered or agreed upon, then.
In this case, the following return conditions must be met:
- The glasses must be in the same presentation as at the time of purchase;
Glasses must not have chips, wrinkles, scratches, etc.
- The buyer must keep the sales receipt for the purchased glasses. If it is not there, and the glasses are returned within the first thirty days from the date of purchase, then the seller can be asked to find your purchase in the cash register, which the store stores for a month.
If you have lost your receipt, and the optician refuses to lift the cash register and check the history of the tape, then the only way out is to find a witness to the purchase. Both your friend and someone from the store staff can act as an eyewitness.
- The glasses must be returned within the warranty period and the expiration date specified in the appendix to the glasses;
If the optician's seller did not give you a warranty card or did not verbally specify expiration dates, then the period within which you can return/exchange the glasses is automatically extended by two years.
Procedure
Before going to the optician where you ordered your glasses, make sure that the return conditions specified in the previous section are met.
After that:
- Contact the optician and present your glasses, indicating the reason for the return and your requirement;
- If the reason for returning the glasses is a manufacturing defect, the seller will offer to fill out an application for an examination.
You need to conduct an examination regardless of whether you simply want to return low-quality glasses or you want to make an exchange.
If the reason for the return is the buyer’s personal antipathy, then the return must be made on the same day. If glasses with suitable characteristics are not available, the seller and buyer can agree on a time until suitable glasses appear in the store.
- If the seller refuses to comply with the requirements and return money for glasses or make an exchange/repair, etc., then you have the right to make a written claim and hand it to the store management (chief manager);
As a rule, at this stage the seller agrees to satisfy the buyer's request, as he is convinced of his determination.
- If, after filing a complaint, the seller still continues to ignore the buyer, then the next step is to contact the consumer rights protection service or go to court;
Refund deadlines
Once the retailer picks up the glasses for inspection, the refund must be processed within ten days. For each subsequent day of delay, the seller will have to pay a penalty in the amount of one percent of the cost of the glasses.
If in 2019 you wondered whether it is possible to return glasses back to the seller after purchase (to a store or to an individual) and get money, read the article and find out in what cases it is possible to return glasses and how to do it.
Important!
This article discusses the possibility of returning new glasses that were purchased in a store (from an official representative, a commercial organization or individual entrepreneur).
Important!
glasses of inadequate quality, the breakdown of which was not your fault, can almost always be returned!
Let's consider two possible cases in which a desire to return points appears.
The glasses you bought turned out to be of poor quality, for example, the reasons for this could be:
- factory defects in glasses (breakage as a result of a manufacturing defect, poorly functioning product);
- defective coating - the paint has burst or cracked, there has been a scratch;
- individual elements are faulty, etc.
The purchased glasses are in good working order, but you did not like them due to any characteristics, For example:
- The color of the glasses did not match;
- not satisfied with its design or the design of individual elements;
- wrong size, etc.
The following circumstances are of fundamental importance when returning points:
- Is there a warranty for the glasses?
- whether the warranty period has expired;
- whether the service life is set for glasses;
- whether the Service Life has expired.
Returning glasses with defects during the warranty period
Important!
The type of defect and its significance in this case does not matter - you have the right to return the glasses with any defects that arose not through your fault, if the warranty period has not yet expired.
The return period for glasses in this case is during the warranty period.
Refund period
The refund period for glasses of inadequate quality, for which the warranty period has not expired, is 10 days from the date of submission of the claim.
- to the seller– an organization, regardless of its organizational and legal form, as well as an individual entrepreneur selling goods to consumers under a sales contract | ;
- – persons authorized by the manufacturer (seller) to accept and satisfy consumer requirements regarding goods of inadequate quality | .
If a warranty period is established for the glasses, the seller (authorized person) is responsible for defects in the glasses unless he proves that they arose:
- after the glasses are handed over to the consumer;
- due to consumer violation of the rules for use, storage or transportation of goods, actions of third parties or force majeure.
Thus, the seller proves the circumstances of the occurrence of defects.
In most cases, in order to return the glasses back to the seller (authorized person), only your verbal request is required. Many sellers are customer-oriented enough to check the defective goods on the spot and immediately return your money.
If this does not happen, go to Step 2.
important!
fine of 50%
Step 3 | Return of defective glasses
Step 4 | Getting money for low-quality glasses
Algorithm of actions in the case when the seller (authorized person) does not agree to an undisputed refund of money
important!
For failure to comply with the voluntary procedure for satisfying consumer requirements, fine of 50% from the amount of the claim | clause 6 art. 13 PDO
Step 3 | Examination of glasses
If, after checking the quality of the goods, the seller (authorized person) believes that the consumer is the cause of the defects in the glasses, then he (the seller) is obliged to conduct an examination of the glasses. Detailed information about the examination can be found in the article on our website.
- The period for conducting the examination is 10 days from the date of presentation of the request.
- The examination is carried out at the expense of the seller (other authorized person).
- The consumer has the right to be present during the examination.
If the consumer does not agree with the expert conclusion, he has the right to challenge it in court.
Step 4 | Going to court
Step 6 | Receiving the money
- The refund period is 10 days from the date of submission of the claim | ;
- when returning the amount paid to the buyer, the seller (authorized person) does not have the right to withhold from it the amount by which the value of the goods has decreased due to full or partial use of the goods, loss of marketability or similar circumstances | clause 5 art. 503 Civil Code of the Russian Federation;
- the buyer has the right to demand compensation for the difference between the price of the glasses at the time of purchase and the price at the time of return | clause 4 art. 24 PDO;
- if the glasses were purchased on credit, then when they are returned to the consumer, the interest paid and other payments under the consumer credit (loan) agreement will be reimbursed.
Step 7 | Return of defective glasses
If you refuse to fulfill the contract for the purchase and sale of glasses, the seller (authorized person) has the right to demand that you return the faulty glasses. In addition, without the availability of goods, it is impossible to carry out quality control and examination.
- The costs of returning glasses are borne by the seller (authorized person) | clause 5 art. 503 Civil Code of the Russian Federation.
Return of defective glasses after the expiration of the warranty period (including when the warranty was not established), but within 2 years from the date of purchase
You can return glasses even if the warranty period has expired or has not been established.
If any deficiencies are discovered, you have the right to:
- refuse to fulfill the purchase and sale agreement and demand a refund of the amount paid for the points;
- demand compensation for the difference between the price of glasses established by the contract and the price of the corresponding product at the time of satisfaction of the claim | ;
- demand full compensation for losses caused by the sale of glasses of inadequate quality.
Period during which you can return the product
The period for returning points in this case is 2 years from the date of transfer.
Refund period
The refund period for glasses of inadequate quality for which the warranty period has expired (or if the warranty has not been established) is 10 days from the date of submission of the claim.
Who can make a claim?
A demand for refusal to fulfill the contract and return of the paid amount can be made:
- to the seller– an organization, regardless of its organizational and legal form, as well as an individual entrepreneur selling goods to consumers under a sales contract – clause 2 of Art. 18 PDO;
- authorized organization or authorized individual entrepreneur– persons authorized by the manufacturer (seller) to accept and satisfy consumer requirements regarding goods of inadequate quality - clause. 2 tbsp. 18 PDO.
In addition, you can return glasses of inadequate quality and demand a refund of the amount paid from:
Documents you need to have with you when making a claim
Who proves the circumstances of the occurrence of defects?
Algorithm of actions in the case when the seller (authorized person) agrees to an undisputed refund
Step 1 | negotiations with the seller (authorized person)
The first step is to contact the store where you purchased the glasses or any other official representative with an explanation of the reason for the defect and an offer for a refund.
Not very often, but it happens that the seller (authorized person) agrees to return the money even after a verbal demand.
Step 2 | Filing a claim (application) for cancellation of the purchase and sale agreement and return of the paid amount
important!
For failure to comply with the voluntary procedure for satisfying consumer requirements, fine of 50% from the amount of the claim | clause 6 art. 13 PDO
Step 3 | Getting money for low-quality glasses
When receiving money, please consider the following:
- The refund period is 10 days from the date of submission of the claim | ;
- when returning the amount paid to the buyer, the seller (authorized person) does not have the right to withhold from it the amount by which the value of the goods has decreased due to full or partial use of the goods, loss of marketability or similar circumstances | clause 5 art. 503 Civil Code of the Russian Federation;
- the buyer has the right to demand compensation for the difference between the price of the glasses at the time of purchase and the price at the time of return | clause 4 art. 24 PDO;
- if the glasses were purchased on credit, then when they are returned to the consumer, the interest paid and other payments under the consumer credit (loan) agreement will be reimbursed.
If you refuse to fulfill the contract for the purchase and sale of glasses, the seller (authorized person) has the right to demand that you return the faulty glasses. In addition, without the availability of goods, it is impossible to carry out quality control and examination.
The costs of returning glasses are borne by the seller (authorized person) | clause 5 art. 503 Civil Code of the Russian Federation.
Algorithm of actions in the case when the store does not agree to an undisputed refund
Step 1 | Filing a claim (application) for cancellation of the purchase and sale agreement and return of the paid amount
After receiving documentary evidence of the malfunction of the glasses, you must write and submit a claim to the seller (authorized person). The claim must be drawn up in a legally competent manner.
important!
For failure to comply with the voluntary procedure for satisfying consumer requirements, fine of 50% from the amount of the claim | clause 6 art. 13 PDO
Step 2 | Checking the quality of glasses
The seller (authorized person) has the right to check the quality of the glasses. Quality control is carried out according to the rules set out in, in which you will find more detailed information.
- The period for quality control is 10 days from the date of submission of the request.
- Quality control is carried out at the expense of the seller (other authorized person).
- The consumer has the right to participate in checking the quality of glasses.
If the seller (authorized person) does not want to carry out a quality check, you should proceed to Step 3.
Step 3 | Examination of glasses
If the seller (authorized person) believes that the cause of the defects in the glasses is the consumer, the consumer is obliged to conduct an examination of the glasses in order to establish that the defects in the glasses arose before their transfer to the consumer or for reasons that arose before that moment.
Step 4 | Going to court
If the seller (authorized person) does not satisfy your demands pre-trial, you must go to court. Going to court requires legal qualifications, so to conduct a case in court, we recommend turning to professionals.
Step 5 | Enforcement of a court decision
If the seller (authorized person) does not want to voluntarily comply with the court decision, you have the right to choose:
- contact the Federal Bailiff Service of the Russian Federation, which is entrusted with the functions of enforcing judicial acts;
- send the writ of execution to the bank in which the seller (authorized person) has an account.
Step 6 | Return of defective glasses
If you refuse to fulfill the contract for the purchase and sale of glasses, the seller (authorized person) has the right to demand that you return the faulty glasses. In addition, without the availability of the goods, it is impossible to carry out a quality check and examination.
- The costs of returning glasses are borne by the seller (authorized person) | clause 5 art. 503 Civil Code of the Russian Federation.
Step 7 | Receiving the money
When receiving money out of court, the following should be considered:
- The refund period is 10 days from the date of submission of the claim | ;
- when returning the amount paid to the buyer, the seller (authorized person) does not have the right to withhold from it the amount by which the value of the goods has decreased due to full or partial use of the goods, loss of marketability or similar circumstances | clause 5 art. 503 Civil Code of the Russian Federation;
- the buyer has the right to demand compensation for the difference between the price of the glasses at the time of purchase and the price at the time of return | clause 4 art. 24 PDO;
- if the glasses were purchased on credit, then when they are returned to the consumer, the interest paid and other payments under the consumer credit (loan) agreement will be reimbursed.
In the event of a refund of the amount paid for glasses in court:
- the amount of recovery is established in a court decision;
- the period and procedure for return are regulated by the legislation on enforcement proceedings.
Return of points after 2 years from the date of purchase
You can return your glasses after 2 years from the date of purchase if the following conditions are met.
Important!
in this case, a return is possible only if the glasses have not been repaired by an authorized person within 20 days or the defect in the product is irreparable.
Period during which you can return the product
The deadline for returning points in this case:
- during the service life specified for the glasses;
- within 10 years from the date of transfer of the goods – If the service life is not established.
Refund period
The refund period for glasses of inadequate quality after 2 years from the date of purchase is 10 days from the date of filing the claim.
Who can make a claim?
A refund request can be made:
- to the manufacturer- manufacturer of goods for sale to consumers;
- authorized organization or authorized individual entrepreneur- persons authorized by the manufacturer (seller) to accept and satisfy consumer requirements regarding goods of inadequate quality;
- importer– an organization that imports goods for their subsequent sale on the territory of the Russian Federation.
Documents you need to have with you when making a claim
Who proves the circumstances of the occurrence of defects?
The burden of proof lies with the consumer; he must prove that the defects in the glasses arose before their transfer to the consumer or for reasons that arose before that moment.
Algorithm of actions in the case when an authorized person agrees to a refund
Step 1 |negotiations with an authorized person
The first step is to contact an authorized person with an explanation of the reason for the defect and a proposal to repair the product.
Not very often, but it happens that an authorized person agrees to return the money even after a request for repairs.
Step 2 | Filing a claim (application) to an authorized person for free elimination of defects in glasses
Important!
important!
For failure to comply with the voluntary procedure for satisfying consumer requirements, fine of 50% from the amount of the claim | clause 6 art. 13 PDO
Step 4 | Return of defective glasses
When filing a claim for a refund of the amount of money paid, you are obliged to return the glasses. In addition, without the availability of the goods, it is impossible to carry out quality checks and examinations.
Step 5 | Getting money for low-quality glasses
When receiving money, please consider the following:
- The refund period is 10 days from the date of submission of the claim | ;
- when returning the amount paid to the buyer, the seller (authorized person) does not have the right to withhold from it the amount by which the value of the goods has decreased due to full or partial use of the goods, loss of marketability or similar circumstances | clause 5 art. 503 Civil Code of the Russian Federation;
- the buyer has the right to demand compensation for the difference between the price of the glasses at the time of purchase and the price at the time of return | clause 4 art. 24 PDO;
- if the glasses were purchased on credit, then when they are returned to the consumer, the interest paid and other payments under the consumer credit (loan) agreement will be reimbursed.
Algorithm of actions in case an authorized person does not agree to a refund
Step 1 | Filing a claim (application) to an authorized person for free elimination of defects in glasses
Important!
Proceeding to the next Step is only permissible if your request is not satisfied within 20 days from the date of its submission or the deficiency turns out to be irreparable | clause 6 art. 19 PDO.
Step 2 | Examination of glasses
If the authorized person believes that the cause of the defects in the glasses is the consumer, the consumer is obliged to conduct an examination of the glasses in order to establish that the defects in the glasses arose before their transfer to the consumer or for reasons that arose before that moment.
Step 3 | Filing a claim (application) for the return of the paid amount
important!
For failure to comply with the voluntary procedure for satisfying consumer requirements, fine of 50% from the amount of the claim | clause 6 art. 13 PDO
Step 4 | Going to court
If the seller (authorized person) does not satisfy your demands pre-trial, you must go to court. Going to court requires legal qualifications, so to conduct a case in court, we recommend turning to professionals.
Step 5 | Enforcement of a court decision
If the seller (authorized person) does not want to voluntarily comply with the court decision, you have the right to choose:
- contact the Federal Bailiff Service of the Russian Federation, which is entrusted with the functions of enforcing judicial acts;
- send the writ of execution to the bank in which the seller (authorized person) has an account.
