Products cannot be replaced or returned. About the correct use of the list of goods that are not subject to exchange and return

The consumer's right to return goods is somewhat limited. The legislation establishes a list of certain products (both food and non-food) that cannot be returned at the buyer’s request.

This is due to the fact that some things, due to their consumer properties or design features, cannot be returned unless there are serious reasons for this (defects or defects). Their list, as well as specific return conditions, will be discussed in more detail below.

The decision about which goods can be returned and which cannot is not made by the seller or the buyer. The list of such products is fixed by law. In accordance with Decree of the Government of the Russian Federation dated January 19, 1998 N 55, the list of non-food products that are not subject to exchange and return includes:

Non-food items that cannot be replaced can be returned or exchanged if they are defective

• personal hygiene items (for example, toothbrushes, wigs, combs);
• perfumery and cosmetic products;
• textile goods sold by the meter (tape, braid);
• household furniture;
• plants and animals;
• jewelry and products made of precious metals and stones;
• non-periodical publications (calendars, books, booklets);
• hosiery;
• construction and finishing products sold by the meter (linoleum, carpeting);
• knitwear (including bed linen, towels);
• products and various containers intended for storing or transporting food products (for example, disposable plastic tableware);
• cable and other products sold by the meter;
• goods related to household chemicals, as well as agrochemicals and pesticides;
• cars, trailers and household watercraft;
• civilian weapons and ammunition for them;
• technically complex household goods with a warranty period (photographic equipment, electrical appliances, computer equipment).

Separately, it is worth highlighting the list of medical products that also cannot be returned to the seller:

• means for disease prevention;
• products for home treatment;
• medications;
• baby care products;
• medical instruments and devices;
• hygiene products, etc.

The lack of return rights for all of these items is due to the fact that it is quite difficult to determine whether these items have been used by the buyer. For example, a buyer could try on underwear or a wig at home, or even wear these items, and there would be no visible traces of such use.

Another reason is the inability to sell such items after the integrity of their packaging has been compromised. For example, if a toothbrush or a bottle of perfume has been opened, it will be quite difficult to sell it again.

However, this does not mean that such things cannot be returned at all. If they are of low quality, have expired or have defects that interfere with their use, such goods can be returned to the store during the warranty period. In addition to returning items, items can also be exchanged or the seller can request a price reduction.

List of food products

Unlike non-food products, of which only some listed in the list cannot be exchanged, food products cannot be returned back to the store without any exceptions. That is, the entire list of products that belong to the group of food products is not subject to return. Conventionally, it can be divided into the following subgroups:

The legislation establishes a list of food products that cannot be replaced

• plant origin (grains, cereals, pasta and confectionery, sugar, vegetables, fruits, mushrooms);
• animal origin (dairy, meat, fish and egg products);
• mixed origin (oil, fats, mayonnaise, margarine, coffee, alcoholic and non-alcoholic drinks, tea, spices, seasonings).

However, they must meet the following conditions:

• have normal quality and appearance (for example, weathered sausage or stale cheese definitely do not meet these requirements);
• comply with accepted standards that apply to food products;
• have an unexpired shelf life.

Therefore, you can only return those food products that clearly do not meet these parameters.

List of technically complex products

This category also has its own legislative act, which lists in detail products that cannot be returned. In accordance with Decree of the Government of the Russian Federation dated November 10, 2011 N 924, the List of technically complex goods that cannot be returned includes:

• helicopters, airplanes and aircraft with electric motors;
• passenger cars, motorcycles and vehicles with an electric motor that are intended for use on public roads;
• desktop and laptop computers (including system units and laptops);
• tractors, as well as other machines and equipment with an electric motor, intended for use for agricultural purposes;
• sports, tourist and pleasure vessels (boats, yachts);
• navigation equipment and wireless communication devices with touch screens (smartphones, tablets, navigators);
• TVs and projectors;
• inkjet and laser MFPs;
• game consoles and satellite TV sets;
• snowmobiles and vehicles intended for driving on snow;
• digital video and photo cameras, as well as some equipment for them (for example, lenses);
• household appliances (washing machines and dishwashers, refrigerators, air conditioners, coffee machines, ovens).

This list is exhaustive, therefore all goods that are not included in the list of complex technical ones are subject to return or exchange within two weeks from the date of purchase, even if they are of proper quality.

To exercise his legal rights, the buyer must know not only the cases in which he can return the purchase, but also the items that cannot be returned. In particular, these include all food products, as well as complex technical and some non-food products. The last two groups of products are enshrined by law in the corresponding lists of goods approved by the government of the Russian Federation.

2018-09-11T15:37:29+00:00

Every consumer has encountered a situation where a purchased product needs to be returned. Resolution No. 55 contains a list of goods that cannot be returned or exchanged. A product that cannot be returned may be complex equipment or weapons; read all the details in the article.

Many of us have encountered a situation where we had to return a recently purchased product with a refund of the money paid or exchange it if the seller had an analogue. However, it is no secret that in the same pharmacies there are signs warning that it is impossible to return or exchange purchased medical goods or medicines.

You can encounter refusal from the seller in other stores. Such restrictions are established at the state level and apply to goods that are not food products. Government Decree No. 55 published a list of goods that cannot be returned.

What by-laws regulate this issue?

The list of goods that cannot be returned or exchanged is enshrined in the Federal Law “On the Protection of Consumer Rights”. Thanks to it, the consumer, relying on Article 502 of the Civil Code of the Russian Federation and Article 25 of the OZPP Law, has the right to exchange goods whose quality does not suit him. The meaning of these two legal acts boils down to the following: citizens have the opportunity to return or exchange a product (if the seller has a similar one) within 14 days from the date of purchase (but the day of purchase itself is not taken into account in this time period).

Goods that cannot be returned are listed in No. 55 of the PRF, dated January 19, 1998. This list is complete; sellers do not have the right to independently change it, add additional items or delete a number of products from it. It is quite difficult to replace or return food products; the seller independently makes the decision on the assignment.

Sometimes the store still has the right to refuse a refund. This can happen due to the fact that the product is on the list established by Decree of the Government of the Russian Federation No. 55 of January 19, 1998. It contains a complete list of non-food products that cannot be returned to the store after a thoughtless purchase. It is worth adding that in some cases the store is obliged to accept even goods from the list, but this is the exception rather than the rule. It is enough to refer to this document to understand whether the refusal to return is legal or not. Store administrations do not have the right to further establish restrictions on returns; such decisions are made only by the Government of the Russian Federation.

List of food products that cannot be returned

The list is not so long, but it will not be superfluous to know it. The products presented here cannot be returned to the store, the list is approved by the relevant government document:

• Products of plant origin. this included cereals, pasta, vegetables - both fresh and frozen, mushrooms, sugar.
• Products of animal origin - dairy products, fish, eggs - cannot be returned.
• Mixed origin - oil, fats, margarine, mayonnaise, coffee, tea, seasonings, spices, drinks - non-alcoholic and alcoholic.

But here, too, there are exceptions. This product can be returned, but if there are gross violations on the part of the retail outlet or manufacturer, for example:

• the appearance of the product is of abnormal quality, and it was impossible to see this before opening the package - weathered sausage, dried cheese.
• the product does not meet the standards of proper quality for products - garbage in the tea, rotten product.
• expired.

If there are all these violations, do not hesitate to contact the retail outlet, you are required to make a return and refund the money for the low-quality product.

List of “non-food” goods that are not subject to return or exchange

Items classified as “non-food” can be returned, but only those that are not included in the list of non-returnable items. Resolution N55 of January 19, 1998 established the following list of products that cannot be returned even within 14 days (again, provided that they are of high quality):

• cosmetics and perfumes;
• personal hygiene items (combs, toothbrushes, etc.);
• cut textile products;
• furniture;
• jewelry products;
• printed publications;
• animals and plants;
• finishing materials sold by the meter;
• hosiery;
• knitwear (including towels and bedding);
• containers for storing food products;
• household chemicals;
• wires, cables and other similar products, measured in linear meters;
• cars, ships, trailers;
• civilian weapons and ammunition;
• technically complex devices with a certain warranty period.

Hygiene and personal use

So, the first category is personal hygiene and personal use items. For example, this, as already mentioned, includes toothpaste and a brush. A variety of curlers, combs, hairpins, hair brooches, wigs and other similar products - all this is not subject to return or exchange. The exception is the discovery of defective products. But proving it will be very problematic. Therefore, as practice shows, it is impossible to return such products. And exchange too. Especially if it was used by the buyer. What products cannot be exchanged or returned? Here are a few more very common things that are found in stores and are not exchanged:

• shaving foam and lotion;
• shampoos;
• soap;
• bubble bath;
• bath salt;
• diapers;
• creams;
• shower gels.

In fact, all of these are bath accessories designed to care for human skin.

Discounted goods

A discounted product is one for which the seller has set a price lower than the original price.. In this case, the buyer is not required to know the reasons for the markdown. Discounts have the same principle of action on the part of the seller and are analogous to markdowns.

The seller retains the right to set the price of the product and change it at his own discretion. It may decline due to commercial reasons driving the store, or if any defect is detected.

In the event that the price of a product is reduced due to its defects, The seller must inform the buyer about any defects.

Then the deal will be legally clear, the buyer will not be able to request an exchange or refund, relying on flaws of which he was notified in advance. However, if defects other than those agreed upon in advance are discovered, the consumer can exercise his rights.

Wherein the seller is obliged to replace the product or return funds to the buyer.

The fact that the product was sold at a discount or markdown is not an argument for refusal. But the seller has grounds to demand compensation for the examination if it turns out that the defect appeared due to the fault of the buyer, and not the store or the manufacturer’s company.

Before you try to return purchase:

• Know your civil rights, as well as consumer rights. Many stores rely on little awareness among their customers;
• Check to see if your item is on the "non-return" list. If yes, then you can return or replace it only if the quality is poor. This is stipulated by the Law.

If the seller refuses to examine the defective goods or the results of the procedure seem doubtful to you, you can order your expertise with the involvement of third parties. If you are right, the seller will is obliged to reimburse you for the cost of the examination. However, if your error was discovered when resolving the issue on the part of the store, you will have to pay for the examination.

If the seller infringes on your consumer rights, feel free to contact the consumer rights protection committee or the court.

Technically complex products that cannot be returned

The list of complex technical goods that cannot be returned is indeed only approximate. The complexity of a product is determined by the set of its functions and characteristics, its intended purpose and other factors. Resolution No. 55 includes in the list of goods that are not subject to return the following technically complex household products:

• electrical appliances and machines - refrigerators, televisions, washing machines, etc.;
• equipment intended for photography and filming;
• telephones and faxes;
• gas equipment used in everyday life;
• radio-electronic devices;
• other types of products with a complex structure and multifunctionality.

Note!

When selling goods, the seller is obliged to place information about the specified list in the public domain. Therefore, when purchasing, you can clarify whether the product falls under the list of goods that cannot be returned.

This list also contains one more requirement for complex technical products - they must be covered by warranty periods. The product's warranty period allows you to request repairs at the expense of the seller or manufacturer. Therefore, if a product was sold through a store without a warranty period, there are no restrictions on returns.

Changes to the list and final provisions

The list of goods of good quality that cannot be exchanged or returned has not changed in 2019; in general, the amendments to this document were quite few. Major changes were made at the end of 1998; in 2015, jewelry was added to the list; in 2016, the list of technically complex goods and goods intended for storing and using food products was edited (clause 6).

When determining which goods cannot be returned within 14 days and when forming the corresponding list, the legislator used the term “non-food”, thus these restrictions do not apply to food products.

In practice, difficulties arise when classifying goods into one type or another, especially for technically complex goods. If you cannot reach an agreement with the seller, you should not be afraid of litigation. Numerous judicial practices in most regions of the Russian Federation, including St. Petersburg, Moscow, and the Moscow region, are on the consumer’s side. Especially if the consumer is represented in court by an experienced lawyer.

Answer:

Clause 1 of Article 25 of the ZPP Law gives the consumer only the right to exchange a non-food product of proper quality, which is not included in the list of goods not subject to such exchange, for a similar product from the seller from whom this product was purchased, if the specified product does not fit the shape or dimensions , style, color, size or configuration. And only if there is no suitable product available, the consumer has the right, by returning the product, to receive the money paid for it within three days from the date of return. By agreement between the consumer and the seller, an exchange of goods may be provided when a suitable product goes on sale, which the seller must immediately inform the consumer about.
The consumer has the right to exchange goods of good quality within fourteen days, not counting the day of its purchase, and only if this product has not been used, its presentation, consumer properties, seals, factory labels are preserved, there is a sales receipt or cash receipt or other a document confirming payment for the specified goods (however, the consumer’s absence of such a document does not deprive him of the opportunity to refer to witness testimony).

The list of non-food products of proper quality that cannot be returned or exchanged for a similar product of a different size, shape, size, style, color or configuration is approved by the Government of the Russian Federation. At the moment, the List approved by Decree of the Government of the Russian Federation of January 19, 1998 No. 55 is in force (as amended by Decrees of the Government of the Russian Federation of October 20, 1998 No. 1222, dated 02/06/2002 No. 81)

Bathrobes (returnable)
Towels – sizes from 25x25 to large bath towels (item 5 of the list, not subject to)
Bed linen (sets and individual items) (item 5 of the list, not subject to)
Blankets (subject to)
Bedspread (to be)
Pillows (subject to)
Blankets (subject to, quilted blanket according to clause 5 of the list is not subject to)
Tablecloths complete with napkins and as separate items (pieces are not subject to item 5 of the list)
Scented candles, sachets, air diffusers (flavors) (if unopened and unused)
Dishes - individual items and sets (glass, porcelain, metal) (not subject to clause 6 of the list)
Furniture – individual items (chairs/armchairs/beds/tables/cabinets, etc. and sets from the exhibition (not to order) (subject to)
Figurines (subject to)
Vases (if not in contact with food, subject to)
Cutlery (item 6 is not subject to)
Paintings/posters (subject to)
Christmas decorations (subject to)
Furniture – individual items (chairs/armchairs/beds/tables/cabinets, etc. and sets to order, according to individual projects (subject to, must be separately agreed upon by contract to protect yourself)

1. Goods for the prevention and treatment of diseases at home (sanitary and hygiene items made of metal, rubber, textiles and other materials, medical instruments, instruments and equipment, oral hygiene products, spectacle lenses, child care items), medicines
2. Personal hygiene items (toothbrushes, combs, hairpins, hair curlers, wigs, hairpieces and other similar products)
3. Perfume and cosmetic products
4. Textile goods (cotton, linen, silk, wool and synthetic fabrics, goods made from non-woven materials such as fabrics - ribbons, braid, lace and others); cable products (wires, cords, cables); construction and finishing materials (linoleum, film, carpeting and others) and other goods sold by the meter
5. Sewing and knitted products (sewing and knitted linen products, hosiery products)

Lingerie

Outerwear
underwear
underwear not related to clothing:
- bedding
- dining room
- products for newborns

Assortment of sewing linen products:

outerwear: pajamas for relaxation, outer shirts for men and boys
underwear: undershirts for men and boys, daytime shirts for women and girls, combinations, long johns, briefs, swimming trunks, sets of underwear, pajamas for sleep.
bed linen: sheets, duvet covers, pillowcases, quilts.
table linen: tablecloths, napkins, towels.
clothes for newborns: vests, shirts, rompers, etc.

Knitted underwear

Men's (shirts, nets, long johns)
women's (shirts, pantaloons, combinations, etc.)
children's
shirts for men and boys
6. Products and materials in contact with food, made of polymeric materials, including for single use (tableware and kitchen utensils, containers and packaging materials for storing and transporting food products)
7. Household chemicals, pesticides and agrochemicals
8. Household furniture (furniture sets and sets)
9. Products made of precious metals, with precious stones, made of precious metals with inserts of semi-precious and synthetic stones, cut precious stones
10. Cars and motorbikes, trailers and numbered units for them; mobile means of small-scale mechanization of agricultural work; pleasure boats and other household watercraft
11. Technically complex household goods for which warranty periods are established (household metal-cutting and woodworking machines; household electrical machines and appliances; household radio-electronic equipment; household computing and copying equipment; photographic and film equipment; telephones and fax equipment; electric musical instruments; toys electronic, household gas equipment and devices)
12. Civilian weapons, main parts of civilian and service firearms, ammunition for them
13. Animals and plants
14. Non-periodical publications (books, brochures, albums, cartographic and musical publications, sheet art publications, calendars, booklets, publications reproduced on technical media)

How often do you see an advertisement at the checkout in a store informing you that the product cannot be exchanged or returned. But how legitimate is this inscription?

We rely on the integrity of sellers. But, you see, knowing which goods are not subject to return and exchange according to the law will not harm every buyer.

After all, it may well happen that sellers, wanting to deceive, provide deliberately false information about the impossibility of exchange.

The consumer’s right to exchange goods is enshrined in Article No. 502 of the Civil Code of the Russian Federation and Article No. 25 of the Law on “Protection of Consumer Rights”.

These two documents clearly state under what conditions purchased goods can be exchanged in the store:

The law specifies several reasons why non-food products can be returned to the seller:

The buyer has several options for returning goods. In this case, he, and not the sellers, must choose the option:

The buyer must be prepared for the fact that he will have to fill out the appropriate form to return the goods and write a request. This document must be presented to representatives of the administration of the retail outlet.

At the same time, do not be lazy and draw up the document in two copies. You should keep a copy for yourself, but require that the store employee who accepted the claim sign it and date the receipt of your claim.

You can send a claim by letter, but this must be done by registered mail with notification. In this case, you will be notified that the addressee has received your letter. Don’t be lazy to make an inventory of the investment.

In case of a decision to return funds, the seller is obliged to fulfill this obligation within three days.

But not all goods can be returned within the two-week period provided for this.. Even if the purchase fully complies with the requirements of the law and meets all requirements. This occurs due to the consumer properties of the item being purchased.

One of the categories of non-returnable goods is personal hygiene items.. Here is the situation for clarity. A man bought a washcloth, but when he came home and looked at it carefully, he decided that it was not very convenient to use and, in general, a bit harsh. But, returning to the store, he will hear a refusal.

Why? It's simple. The product belongs to the category of personal hygiene products. It is difficult to prove that it was not used for its intended purpose. No one will sell such a washcloth, and accepting the product would be detrimental to the store.

The same story with complex technology. For example, a man bought a cell phone and a day later dropped it into the water. After drying, the phone looks like new and it is impossible to determine from external parameters that it was wet.

The store is not able to conduct an examination every time and determine the serviceability of the equipment. It is for this reason that such goods cannot be returned.

Such a product can only be taken to a consignment store, but at a reduced price.

It's the same story with books.. There is no way to prove that the publication was not read before being returned. Underwear also cannot be returned because it cannot be proven that it has not been tried on.

Based on all these parameters, we can draw a conclusion. You cannot exchange or return a product for which you cannot prove its complete integrity and serviceability.

To regulate relations between buyers and sellers, legislators took the trouble to draw up a list of goods that cannot be exchanged or returned within 14 days.

All positions in this list are approved at the legislative level. And even if the product has not been used for a second, not a single store will accept it.

The full list is prescribed by the Government of the Russian Federation in Resolution No. 55. The last amendments to it were made in January 1998; for 2019 the list remains the same:

It happens that a store, organizing a promotion and selling a separate product at a discount, indicates that it cannot be returned or exchanged. In fact, such a statement is illegal and is not supported by anything at the legislative level.

And if a discounted product purchased as part of the promotion turns out to be of inadequate quality, it can also be returned.

There were some exceptions. And even if the product is on the list of those that cannot be returned under consumer protection law, under some circumstances you can return them too:

It is also worth noting that when purchasing a custom product online, slightly different rules apply..

Thus, any product can be refused until the purchase is handed over to the buyer. After receiving the goods, the buyer can also refuse the purchase, but within a week.

And if the seller was not concerned and did not notify in writing about the procedure for return and exchange, then the period is automatically extended to three months from the date of receipt of the goods. In this case, only custom-made items cannot be returned.

The list is not so long, but it will not be superfluous to know it. The products presented here cannot be returned to the store, the list is approved by the relevant government document:

• Products of plant origin. this included cereals, pasta, vegetables - both fresh and frozen, mushrooms, sugar.
• Products of animal origin - dairy products, fish, eggs - cannot be returned.
• Mixed origin - oil, fats, margarine, mayonnaise, coffee, tea, seasonings, spices, drinks - non-alcoholic and alcoholic.

But there are some exceptions here too.. This product can be returned, but if there are gross violations on the part of the retail outlet or manufacturer, for example:

• the appearance of the product is of abnormal quality, and it was impossible to see this before opening the package - weathered sausage, dried cheese.
• the product does not meet the standards of proper quality for products - garbage in the tea, rotten product.
• expired.

If there are all these violations, do not hesitate to contact the retail outlet, you are required to make a return and refund the money for the low-quality product.

Conclusion

All the information necessary for the buyer is presented here so as not to find himself in a situation that is obviously unfavorable for himself.

It is also important that in a conflict between a buyer and a seller, the law protects the latter.

But if the seller is firmly convinced of the correctness of his actions, he can also defend them in court. The law will not prevent this.