Can you return shoe inserts?

Please note that you only You only have two weeks to resolve the issue. Try the shoes on again, walk around in them (at home, not outside) and hear how they feel. If your beloved shoes still pinch and your feet feel uncomfortable, send them back to the store. The buyer has the right to return/exchange the shoes if the size, style or color does not suit him.

How to choose the right shoes and what to do in case of a mistake

Shoe guarantee: types, return conditions, important aspects

The return of shoes to the store during the warranty period is regulated by the legislation of the Russian Federation. The buyer can complain about the defective quality of the goods and demand compensation.

If a manufacturing defect is discovered in the shoes during the warranty period, it is possible to return the defective goods and request a replacement or refund. To enforce his rights, the buyer may rely on the following legal provisions:

  • Consumer Rights Protection Act (Article 18 'Rights of the consumer following detection of defects in goods' and Article 19 'Time limits for asserting consumer claims in the event of defects in goods');
  • Civil Code of the Russian Federation (Article 469 'Quality of goods', 470 'Guarantee of quality of goods', 471 'Calculation of the guarantee period');
  • GOST 26167-2005 Shoes suitable for everyday use. General specification.

There is no paragraph about shoes in Government Resolution No. 55 of 1998. This means that the procedure for returning this product is carried out according to the general rules.

Deadlines for returns to the store.

If the warranty period has not been specified by the manufacturer, for substandard shoes, the seller has the right to set a return period, but not less than 30 days from the date of purchase.

If the warranty period was set by the manufacturer and the seller tries to shorten it, he is violating the law.

Statutory warranty period for shoes

According to point 5 of the article. 19 of the Law on the Protection of Consumer Rights, the buyer has the right to complain about defective goods within 2 years if

  • the warranty period has not been specified The warranty period has not been specified by the seller or manufacturer;
  • two years have not yet passed since the purchaseIn this case, the consumer must refer the case to a further hearing.

In this case, a manufacturing defect must be proven and an expert report must be paid for.

If the buyer is not responsible for the defect, all damage incurred will be reimbursed.

When does the guarantee come into effect?

A distinction is made between two types of goods: out of season and seasonal goods. Off-season shoes include models for home use, sports and office.

The Russian Civil Code states that the warranty for out-of-season goods begins on the day of purchase, while the Consumer Protection Law states that it begins on the next day. In this case, the ZOPP takes precedence, relying on the IAP RF Regulation No. 160 of May 20, 1998 'On certain matters related to the application of the RF Law 'On Protection of Consumer Rights'.

The deadlines are given in calendar days. If the last day of the warranty period falls on a weekend or public holiday and the store in question is not open, the goods must be returned on the next working day.

The warranty period for seasonal shoes - winter, summer and demi-season shoes - begins on the day the season begins. Depending on the climatic conditions in different regions of the Russian Federation, the duration of the season may vary.

In the Altai Territory the winter season begins on October 15th and ends on March 15th, in the Amur Territory it lasts from October 4th to April 19th.

Return a shoe brush of suitable quality

The quality of the goods is regulated by the State Quality Standard (GOST) or the technical conditions of production (TO) in accordance with the relevant accompanying documents.

According to Article 4 of the Consumer Protection Law, the seller is obliged to deliver to the buyer goods that are suitable for use and correspond to the description, taking into account the shelf life and the period of use.

Provided that all regulations are adhered to, the brush is a quality product.

Commercial Conditions.

According to Article 25(1) of the Consumer Protection Law, the seller is obliged to accept goods of appropriate quality under the following conditions:

  • The goods were not used
  • the packaging is intact and the product is not damaged
  • Labels and seals are not damaged
  • Receipt or sales receipt

If there is no receipt, the refund can be made on the basis of a witness statement.

If the purchase of a shoe brush was made in an online shop, an electronic payment receipt can be used as proof.

If there is no proof of purchase, the seller rarely takes the goods back. In such a case, you should contact the consumer advice center or Rospotrebnadzor.

Proceedings

The customer must proceed as follows:

  1. Make an application in duplicate and give it to the seller. One copy remains with the buyer and must be marked as accepted. The other copy remains with the seller.
  2. Handing over the brush to the seller in all its packaging. Labels and seals must be intact. After handover, mark the buyer's copy as accepted.
  3. Present proof of purchase to the point of sale.
  4. Provide proof of identity.

Present the claim in the registration. That is, what is requested – a refund or replacement of the goods. The seller must comply with this request within 3 days.

Returning a shoe brush of inadequate quality (defective)

An item that does not meet normal conditions is considered defective or inadequate quality.

  • Its appearance deviates from the norm or is incomplete;
  • There are defects that prevent the brush from meeting the buyer's expected needs;
  • There are defects that prevent the product from fulfilling its immediate functional purpose;
  • The properties differ from the information in the accompanying documentation;
  • The characteristics do not correspond to the national standard or technical standard according to which the product was manufactured.

Reasons for return

TypeDescription
UsuallyThe quality of the product does not meet the standards established for the product.
SignificantlyThe defects are difficult to correct and can be time-consuming and costly.
ApparentlyThis type of error is detected during a routine inspection. It is also discovered during the inspection phase.
HiddenThis type of defect is detected during use or during long-term storage.

For any of the above types of failures, the shoe brush can be returned to a store or other point of sale.

However, returns are not possible in the following cases:

  1. If the defect was caused by the buyer's actions;
  2. If the buyer was previously informed of the defects;
  3. When the warranty period has expired.

The warranty period is the period during which the manufacturer or seller gives the buyer the right to return defective goods. It is determined separately for each product, depending on the characteristics of the product and the legal regulations.

How is the warranty period determined?

Unfortunately, there are no statutory warranty periods. If no fixed deadline is specified in the product documentation, you can, on the basis of Article 19 of the current law on the protection of consumer rightsYou can return a defective product within two years.

Read also: Article 24 of the Law on Protection of Consumer Rights – Arbitration with the consumer when purchasing goods of poor quality

Deadlines for returning shoes to the store within the framework of the Consumer Rights Protection Act

Even with a fixed warranty period, many shops pass on their warranty period to the manufacturer bypassing the product. In such cases, if a product defect is discovered, it is worth contacting the manufacturer to clarify the actual warranty period. This can be done by telephone or email using the contact details on the company's website.

Warranty periods may depend on the seasons. If the purchase was made during a season, the warranty period runs from the date of purchase. These season deadlines are set by the authorities of the individual federal states.

When buying shoes, it is necessary to check the goods for any defects. The customer should be aware of his rights so that the sellers do not rely on ignorance of the law. In this case, the return will not be difficult for the consumer and the seller will avoid unnecessary procedures. Sellers should also be aware of the goods relationship regulations so that they can rely on official documents in the event of a return.

Return of defective shoes

Which shoes are defective? Here are some of the most common features:

  • Cracked soles
  • Distorted seams
  • Uneven coloring or peeling paint
  • Cracked seams
  • Defective lining or insole

Before returning goods, the following documents must be kept ready

  1. Passport (may be required for refund)
  2. Cash receipt
  3. Guarantee certificate
  4. All tags and labels
  5. Shoes
  6. A written complaint in duplicate.

The shoes must be clean and dry when returned, otherwise the seller may refuse to accept the goods. He can also do this if you repaired the shoes yourself, if you wore them out of season or if they have lost their market value. It is best if you take a witness with you.

So you came into the store and told the salesperson what you wanted. You can either request:

  1. an exchange of the shoe for a similar shoe
  2. an exchange for another with an additional charge if there is a price difference
  3. a free elimination of the defect
  4. a refund if nothing else is possible.

Remember that the receipt and the guarantee certificate are not mandatory!

It is best to make your complaint in writing, in the presence of a witness, and ask the seller to read and sign both copies, one of which remains with you. This is usually followed by an inspection and quality assessment, which is always paid for by the seller. If you wish, you can be present at the viewing in person, but you must indicate this in your complaint. The maximum waiting time for a response from the organization is 20 days from the date of the complaint.

Many stores ask you to fill out their complaint form. Never get involved in this. Firstly, there is only one copy of the form (you will not receive one) and secondly, these forms are often structured in such a way that you are not able to describe the entire subject of the complaint. In addition, do not return the goods until you have received a refund (this applies if you made the purchase with a bank card) or ask to note this on your receipt.

Which shoes cannot be returned?

  • Shoes with defects caused by improper use
  • Cuts, scratches and other defects caused by improper use
  • Repairs by the customer (repair does not include replacement of sleeves)
  • Buy shoes only from a reputable manufacturer in an authorized store, because in this case it will be easier to issue a refund.
  • Many stores only carry out a quality inspection of the shoes (at the seller's expense), but the buyer has the right to request an appraisal. Only insist on an appraisal if you are sure you are right. Otherwise, the costs of the inspection will be passed on to you and you will not be able to return the goods.

We hope you find this article useful and that it helps you avoid unpleasant moments in the future.

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What you should consider when returning shoes

If you notice any defects while wearing the shoes, you can contact the organization in accordance with Article 18 paragraph 1 of the GAV.

  1. The defective product can be exchanged for a new product without defects. When it comes to shoes, the chance that you will receive the same model without defects is slim. c. the entire delivery may be of poor quality.
  2. Replace the shoes, but from a different manufacturer.
  3. Reduce the price, that is, get a discount.
  4. Fix the problem at the store's expense or get a refund if you do the repair yourself.
  5. Cancel the transaction and get a refund of the faulty shoes at 100 %.

Rules for filing a complaint

  1. When returning an item, it is necessary to provide a written explanation after a certain period of time. The body of the document should describe the defect in detail, e.g. B. that the shoes have begun to rub on the heel, causing discomfort. The complaint is only legally binding if the store notes it on paper. The document is drawn up in two copies, one of which is given to the person responsible for the organization, and the other remains with the complainant.
  2. If the retailer agrees with the complaint, a request for refund or settlement of other claims will be made. The arguments and evidence are included in the text of the document. An acceptance report will also be prepared (can be downloaded by clicking on the link below).
  3. If the company's representative does not share the consumer's opinion or cannot determine the cause of the defect, the goods will be sent for inspection.
  4. The store is obliged to accept or reject the report within 3 working days. In the first case, the citizen receives a refund or a different model of shoes. In the second case, he will have to complain to the supervisory authorities or file a lawsuit in court. Complaint to the supervisory authority allows the citizen to assert his rights, make a refund and receive compensation, including moral damages.

If shoes cannot be returned or replaced after use

The consumer's right to replacement of the goods of appropriate quality

The legislator has not only provided for ways to resolve disputes in favor of the consumer, but also takes into account the rights of the seller. It is permissible to return shoes to a store if they have already been worn, as long as they have retained their marketable appearance. If an unscrupulous person wants to return a product, but damaged it during use, the law will side with the organization. In addition, the citizen may be required to pay for the non-material damage or reimburse the costs of the investigation.

  1. If the damage is due to improper use of the product. For example, the operation of a demiurgic device during a cold period.
  2. Defects caused by improper use – Running shoes were used for construction work.
  3. Mechanical influences that were not present at the time of purchase. Such defects are chips, cuts, etc.
  4. Not refundable if the defect occurred during repair by a third party or at home before use.

Please note: Replacement of shoe nails or preventive maintenance are not grounds for rejection as they cannot cause a defect attributable to the user.

Return of defective shoes

In case of violation of the rules of use, the possibility of returning or exchanging goods is limited to zero.

Signs

A return is possible in case of Presence of manufacturing defects:

  1. The material from which the pair is made has cracks and cracks;
  2. The fabric peels and bulges;
  3. The heel or sole is detached;
  4. The stitching is sloppy;
  5. The color has come off the product.

If any of the above defects are discovered after purchase, the consumer can return the pair or request a replacement.

File a complaint

The claim must be made when the defective pair is returned to the retailer. It is drawn up on a special form, which should be available at the point of sale where the shoes were purchased.

The declaration must contain, among other things, the following mandatory clauses:

  • The header contains all information about the manufacturer and the seller;
  • It also contains the personal details and contact details of the buyer who wishes to return or exchange the item;
  • The main field describes the circumstances under which the product was purchased, how it was paid for, when the defect was discovered, a list of attached documents;
  • A request to accept the shoes and pay money for them or to exchange them for a pair of shoes of appropriate quality;
  • At the very end, the attached documents are listed, dated and signed.

Returning shoes to the store

Sometimes store employees not only give the customer the return form, but also fill it out themselves. They are not required to do so, but may be willing to help you complete the form.

Do not forget that for these complaints have to 2. One copy must go to the seller, the other remains with the consumer.

Refunds

The seller must reimburse the buyer for the cost of the defective shoes within 20 days refunded from the day of the complaint. In the case of a warranty, this period is noted on the warranty card (it is specified by the manufacturer).

The store is obliged to refund the money spent by the consumer if the defects are visible for up to 2 years.

Reimbursement will be made after the customer completes and submits a claim form. In some cases, a special examination may be required to determine the cause of the defect. If it turns out that there is a manufacturing defect, the money will be returned to the buyer. If this is not the case, the seller has the right to request reimbursement of the examination costs.

The 14 day rule

Even people who are not legally trained know that shoes that were not wornShoes can be returned to the store within 14 days.

This is stated in Article 25 of the Consumer Rights Protection Law. According to the text of the law, the buyer can return the shoes to the seller without any additional effort return within two weeks.If the shoes meet the following conditions:

  • They have not been used;
  • The shoes are in good condition;
  • The receipt confirming the purchase is in the store;
  • The labels on the shoe are still intact.

However, disputes over used shoes often arise between consumers and retailers, which, among other things, result in a lawsuit before the court. Rospotrebnadzor showdown..

Often sellers' arguments can be reduced to explaining the obvious (for them, of course) fact that. You have used the productThat means you were happy with it. What claims can you now make? What does the letter of the law say about this?

  1. The consumer has the right to exchange a non-food product of suitable quality from the seller from whom he purchased the product for a similar product if this product does not suit him in shape, dimensions, style, color, size or features corresponds. The consumer has the right to exchange non-food goods of suitable quality within fourteen days, not counting the day of purchase. An exchange of non-food goods of suitable quality is carried out if the specified goods have not been used, their presentation, their consumer properties, their seals and their factory labels are preserved and there is a commercial check or cashier's receipt or other document confirming payment for the specified Goods confirmed. The absence of a sales receipt or a cashier's check or other document confirming payment for the goods does not deprive the consumer of the opportunity to rely on the proof (more on whether shoes can be returned without a sales receipt and box and within what deadline, you will find out in this material). The list of goods that cannot be exchanged for the reasons specified in this article is approved by the Government of the Russian Federation.
  2. If a similar product is not available on the day on which the consumer contacted the seller, the consumer has the right to withdraw from the purchase contract and request a refund of the amount of money paid for the product. The consumer's right to a refund of the amount of money paid for the goods in question must be fulfilled within three days of the return of the goods in question. If the consumer agrees with the seller, the goods can be exchanged if a similar product is on offer. The seller is obliged to inform the consumer immediately if similar goods are offered for sale.

Warranty Obligations

Can a shoe be returned to the seller if it uncomfortable or worn out?? It is important to know that there are 2 types of warranty obligations of the seller of goods (in this case shoes):

The first type of guarantee includes. Return of unworn modelsIf the shoes no longer fit after trying them on again or for other reasons (more information about why and how to return shoes can be found here, and more details about returning shoes to various stores in this material).

The return of shoes after a short period of use is carried out under the quality guarantee ONLY in case of defects Based on the provisions of clause 18 'Rights of the consumer in detecting defects that qualify as defects in the goods'.

The possibility of returning used shoes is regulated by law The points of Art. 18 Law of October 25, 2007 N 234-FZ “Consumer rights in the event of defects in goods”. The most common Manufacturing defects of shoes are:

  • cracking and breaking of the material from which it is made;
  • peeling of the material;
  • cracking, peeling or splitting of the sole or heel;
  • crooked seams;
  • Chipping of paint and other factors that affect the aesthetic appearance of the shoe or prevent its proper use.

Accordingly, the return of abrasive or uncomfortable shoes is important possibleif their deficiencies are considered so serious that they restrict Limit usability.

(1) In the event of defects in the goods, unless the seller agrees, the consumer has the right, at his discretion:

  • to request an exchange for goods of the same brand (same model and/or same item);
  • to request an exchange for goods of a different brand (model and/or item) with an appropriate revaluation of the purchase price;
  • to demand a proportional reduction in the purchase price;
  • to demand the immediate and free elimination of the defects or reimbursement of the costs of elimination by the consumer or a third party;
  • refuse to fulfill the purchase contract and demand the return of the price paid for the goods. At the seller's request and expense, the consumer must return the defective goods.

How can I return shoes to the seller?

Purchased but unworn shoes that do not match in color, style, size, fit or shape may be returned to the seller, unless the two weeks after sale. You must keep the packaging, manufacturer's labels and proof of purchase.

If the shoes are defective, return them to the store and make the following claims:

  • Exchange for shoes of the same company and model;
  • Exchange for another model, with recalculation of the price;
  • Reasonable reduction in the purchase price;
  • Immediate elimination of the defect without compensation;
  • Reimbursement of the costs of correcting the defects in the goods;
  • Refund of the money paid for the shoes.

If the seller refuses to fulfill any of the requirements, a written complaint should be drawn up, indicating the date of purchase, model name, item number, price, description of the defect and the required claim (a sample of such a consumer complaint is here reproduced here). A copy of the purchase receipt must be attached to the complaint. Articles 18(5) and 25(1) of the Act provide for the return of goods without a receipt. It is permissible to rely on witness statements. In other words, if you don't have a receipt, you need a witness!

If the measures taken are unsuccessful, the consumer can have an independent audit carried out. A copy of the inspection report should be sent to the store along with a new claim, along with a request for reimbursement of inspection costs.

○ Shoe repair guarantee

The law does not prescribe a specific warranty period for repairing shoes; each workshop sets it itself.

Advice from a lawyer:
The warranty period must be read out by the service technician BEFORE the repair or posted in a publicly accessible place, the workshop counter.

The customer should inquire about the warranty period in advance. However, if no warranty period has been agreed, this does not exclude the consumer's right to request a free repair or a full refund within a reasonable time.

If shoes cannot be returned

There are ways in which the shoes cannot be taken back by the buyer:

Leather loafers

  1. For example, if you wore the shoes and don't return them because they are defective. In other words, 'defective' shoes worn on the street will not be taken back by the seller, even with the box, receipt and tags. For example, shoes that are not defective and have been worn on the street for a day cannot be returned.
  2. If you have tried to repair the shoes before sending them back to the seller.
  3. Even if the defect was caused by your actions, even if you accidentally damaged the shoes.
  4. After 14 days (if the shoes are not defective).

Other reasons for refusing to return the shoes to the store are not permitted. The seller cannot refuse a return without reason either.

What to do if the buyer's rights are violated by a seller?

If the seller refuses to talk to you and claims that the reason for the return is irrelevant, or claims that you are responsible for the defect and will not allow inspection, you can assert your rights.

Inform him about these rules and the articles of the Consumer Protection Act.

If this does not help, write a complaint in duplicate to the management.

Return of sneakers

One copy will remain with you, with a note that the store has accepted the second copy. If the management or the owner of the store does not respond to the complaint, contact Rospotrebnadzor or the court and describe the situation in detail and attach all documents confirming the purchase. Do not forget to attach a copy of the complaint that you previously submitted to the shoe store administration.

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