How to return shoes to the store under warranty after wearing or unworn. How to return shoes to the store

Returning shoes to the store is an issue that worries many buyers. How to return shoes to the store if they have not been used? In what cases is the buyer entitled to return a pair if it has been worn? What if the store refuses you? Answers will prompt the analysis of special legislation and legal practice.

The fact that the purchased model can be returned to the store within fourteen days from the date of purchase is not a secret. During the fitting, you were satisfied with the pair, you are sure that it will perfectly suit your outfits, and at home you realized that you spent money for nothing.

According to Art. 25 of the Federal Law "On Protection of Consumer Rights", you can return shoes to the store, even if the size did not fit, you did not like it, if it is uncomfortable or does not fit the wardrobe. You are not required to explain the reasons to the seller.

In this case, we are not talking about the return of goods of inadequate quality. A defective pair can be returned to the store for quality assurance. Now we are talking about a guaranteed right to terminate the sales contract within 14 days without explanation.

The Consumer Protection Act allows the exchange of shoes only if the following conditions are met:

the pair was not worn;
there is no violation of the presentation;
a receipt for the purchase of goods in a particular store has been preserved;
company labels available.

Important! The buyer can return the shoes to the store without a receipt, referring to the testimony of witnesses!

The 14-day shoe return policy allows not only to terminate the sale and purchase agreement, but also simply to replace the model. If a similar product is not on sale (for example, there is no suitable size), by agreement of the parties, the exchange may be postponed for the agreed time. As soon as the model appears on the counter, the seller is obliged to inform the buyer about this.

What to do with low-quality used shoes

If it is quite realistic to get money for a new thing, then sellers are in no hurry to satisfy claims regarding a used pair. Is it possible to return used shoes, what does the law say about this and what rights does the consumer have in such a situation?

Art. 18 of the Law on Consumer Protection regulates that it is possible to exchange shoes after a little wear on the street only if:

material delamination was found in the boot;
the skin of the top burst, the soles (heels) were torn, glued or peeled off;
the curvature of the seams of the top of the boots was noticed;
discolouration or other defect is found that impairs the appearance of the shoe or precludes its normal use.

Attention! Consumers, by law, have the right to return shoes to the store if they rub the foot, the pair has uncomfortable lasts or is uncomfortable to wear, because such defects limit the use of the product.

It is noteworthy that the norm allows you to return low-quality shoes to the store only if the seller has not discussed the shortcomings of the goods with you. If you purchased a promotional item that was on sale due to a change in upper color, for example, a return claim will not be accepted.

In addition to exchanging sneakers or boots for similar ones, you can not only return defective shoes, but also have legitimate reasons to demand:

exchange a thing for the same, but a different model. If a woman became the owner of a low-quality set of shoes (with an uncomfortable shoe or she put them on the street and realized that the pumps were rubbing her legs, she may ask for shoes, too, but, for example, of a different style);
eliminate the defect of the product immediately or return the money for shoe repair by a third-party master;
file a claim for recalculation of the cost of a defective pair.

According to the act of the law on the observance of the rights of buyers, a person has the right to ask for compensation for losses caused by low-quality goods. For example, a woman walked on a slushy day in boots in which the skin was torn. The client got her feet wet and got pneumonia.

In addition to demanding the return of shoes of inadequate quality to the store, the injured party may also return the money spent on treatment if they can prove in court a causal relationship between the marriage of boots and their disease.

How long can a claim be made?

Did you buy winter boots in July and only noticed the broken sole in November? “These are your problems, it is no longer subject to exchange due to the expiration of the warranty period,” this is what unscrupulous sellers will tell you.

How long can I return shoes to the store, referring to the warranty period? What are the deadlines for identifying the inadequate quality of a pair, new and worn?

The legislation stipulates that shoes are classified as seasonal goods. Speaking of the standard 30-day warranty period that stores set, it cannot be counted from the date of purchase, since the consumer does not need to wear boots in the summer. However, he can buy these boots in the summer.

The warranty period for sandals and boots is the time of year, not the day of purchase.

The season is defined as follows:

winter (from the beginning of November to the end of March);
spring (from the first days of March to the last of May)
summer (May-September);
autumn season (September to mid-November).

It is noteworthy that the guarantee can also be established on the terms of the product manufacturer, and not just the distributor.

If there are no specific deadlines, the return of low-quality shoes is made within 24 months from the date of purchase or the onset of a certain season.

The procedure for getting rid of defective goods

Obviously, shoe salespeople are not keen to admit that the pair you have bought is of poor quality. It will most certainly be your fault. The shoes are worn (even if you walked in them once), which means that initially the purchase suited you, but what happened to her later is your fault - you didn’t wear it that way, you decided to wear it in the wrong weather. How to return low-quality shoes in practice?

During the warranty period, you can change a pair of shoes if it is defective by contacting the store management with the following documents:

personal passport;
accompanying papers for the goods (box, check, warranty card).

Is it possible to return the shoes without a receipt if they did not fit (the size is incorrect, the pair rubs the legs) and cannot be used, and the warranty period has not yet expired? Certainly! To do this, it is enough to enlist the testimony of witnesses.

If the seller does not agree with the requirements of the consumer, claims that they cannot be satisfied with respect to a worn pair, write an application for the return of shoes of inadequate quality, in which you must indicate the time of purchase, the reasons why you are not satisfied with its quality. Be sure to draw up a paper in the form and refer to the articles of the law!

A sample document for returning shoes to the store after a little wear for 2017 can be obtained from any lawyer on the Internet. Also, samples of official papers are available on the official website of Rospotrebnadzor.

Does the opponent refuse to accept the application (claim)? Feel free to send it by recommended letter with acknowledgment of receipt and demand that you appoint a time to return the defective item.

Most likely, the store administration will insist on an examination to prove to you that the thing has deteriorated or changed its characteristics due to improper wearing, and not due to a manufacturing defect.

You will probably be asked to conduct a study with a "trusted" specialist. Do not agree to give a used pair to a shoe shop that serves a particular outlet. There have been cases where sneakers or boots that have been returned by consumers have been deliberately tampered with so that returning the shoes to the store after a little wear was impossible in accordance with the law. Choose an independent master and insist on the condition of conducting an examination only with him.

If the examination of the sample showed that the pair has a manufacturing defect, the seller is obliged to respond with a refund within 10 days.

Is it possible to return shoes to the store if the opponent flatly refuses to admit that his goods are defective? Threaten to go to court - some firms try to avoid possible troubles and try to resolve the conflict amicably.

Attach evidence that the shoes are returnable, the conclusions of the examination, the accompanying documents for the purchase, enlist witness statements. Surely, the court will take your side and decide that the shoes can not be used, and they must be returned.

Demand that your opponent compensate for all the costs that you have incurred in connection with the trial, but remember that if you lose the court, you will be responsible for paying the costs.

Shoes can be exchanged or returned to the store within 14 days without giving reasons, in accordance with the legal act on the observance of consumer rights, if they have not been used. Defective boots or shoes are successfully returned even after a little wear or if the pair has rubbed the legs, which makes it impossible to use.

Study the return rule described in the relevant law, and in a particularly problematic situation, enlist the support of a lawyer. Be brave, because the truth is yours!

Any person who has bought shoes of inadequate quality is entitled to a refund of the money paid for them by submitting a proper claim to the store where he bought the shoes. This right of absolutely any consumer is established by the legislation of the country and is protected by state bodies.

Meanwhile, before filing a claim, it is useful to know in which cases a return can be made. Its conditions are directly spelled out in the norms of the law, so that they are not subject to dispute.

Conditions for returning shoes

So, the return of shoes and any other non-consumer goods can be carried out if:

the product has not been used;
retained a proper form for further implementation;
target functions are not violated;
the seals and markings of the manufacturer are preserved;
there is a check or other document confirming the purchase in this particular store, or the testimony of witnesses.

The consumer must apply to the seller for a replacement or refund for the purchased shoes within a period not exceeding 14 days from the date of purchase. However, this is a general term. In addition, shoes must be returned due to damage and inconsistency with the declared quality during the warranty period provided by the manufacturer or seller.

It should be borne in mind that the warranty period for shoes provided by the manufacturer is counted not from the moment of purchase, but from the moment of the onset of one or another climatic season for which the shoes are intended.

The seller is not entitled to establish other conditions for the return of boots or shoes. In addition, even if all the return conditions are not met, the buyer has the right to file a claim for low-quality shoes directly with the administration of the relevant store or boutique.

When can shoes be returned?

The reasons for the return may be the following cases:

Shoes may not fit in size or other parameters, while being of high quality. Quality is irrelevant in this case. The main thing is that the shoes were not in use.
Detection of factory defects. Such shortcomings can include holes, underpainted areas, improperly sewn seams, different colors and lengths of laces, and much more, depending on the type of shoe.
If the item is damaged during the warranty period. This is the most scrupulous and contested by sellers case. But still, the provision of a warranty period implies the return and replacement of shoes if they are damaged.

The first two situations are extremely clear and do not cause additional questions from sellers during the return. But the third in more than 40% of cases disappoints consumers on the part of sellers. Of course, the problem can be solved by going to court or, but most prefer to avoid such difficulties.

In the first two cases, the law provides for an unconditional return on the part of the person who sold the goods, provided that the person who purchased the goods complies with the conditions for return. The result of the return can be both the replacement of shoes with another model, and a refund.

How to return shoes to the store - step by step instructions

What steps must be taken to return the shoes?

It is enough to follow the following instructions:

You need to go to the store and ask about the possibility of a return. With good reason, the sellers themselves return the money or offer to replace it with another model.
If the seller refuses, then a written claim must be served. A sample claim for the return of shoes can even be in the store. In the same place, you can often get the corresponding form. It is advisable to keep a copy of the document for yourself.
Even if, after claiming a refund, the seller refuses to return the money, it is necessary to carry out an independent examination.
For the second time, we attach an act of examination to the claim and add a requirement for compensation for the cost of the examination.

How is a claim made?

A claim for defective shoes can be made on letterhead, available in many stores for such cases. A sample claim for the return of your shoes of inadequate quality can be found there.

However, if this is not the case, then in relation to the return of shoes, the sample claim for the return of goods must contain the following information:

your data;
details of the person to whom the claim is directed;
the moment of purchase with an exact indication of the elapsed time;
full description of the subject of purchase;
a description of the defect found or other reason for the return;
a clear statement of requirements for a refund or replacement of shoes.

In general, the claim for the return of shoes is as follows.

Head of "LLC" F.I.O.

(store name or company name)

Moscow, st. Lenina, d. 2

(indicate the actual or legal address of the store)

from V.O. Maksimova

(here you need to write your full name)

residing at the address Moscow, st. Frunze d. 4, apt. 45

(indicate your residential address)

Phone: +70909090909

(please include your working contact number)

P R E T E N Z I A

for poor quality shoes

(here you can specify any summary of the claim)

On 12/01/17 (indicate the date of purchase) I purchased in your store located at (indicate the address of the store) Adidas sneakers, black, size 42 (specify the parameters of the purchased shoes exactly, all parameters can be found by the inscription on the box) for 7800 rubles.

Upon purchase, I was given a warranty card for shoes for a period of 45 days (or verbally notified). However, due to a discrepancy between the declared quality, the sole of the sneakers came off (specify your reason) and the shoes are currently unsuitable for wearing.

For this reason, and in accordance with Article 18 of the Law of the Russian Federation "On the Protection of Consumer Rights", I ask you to return to me the money paid (you can also demand a proportionate replacement, repair with a decrease in cost at your discretion) for sneakers within the time limits established by Article 22 of this Law.

Application:

copy of sales receipt

copy of the warranty card

(under no circumstances should you send the originals of these documents)

Date signature Full name

However, there are situations when employees or administrators of the respective store refuse to accept a claim for low-quality shoes and a sample of the goods themselves. In such situations, it is better to send a claim through the mail with a notification.

The address of the store can be found in the consumer corner, which by law must be in every store. If this is not the case, then there is no other way out but to contact Rospotrebnadzor.

If the shoes are purchased from the market

When shoes are bought in the market, or in another place where sellers carry out their activities without a personal license, then you need to contact the market administration. However, this does not guarantee a return, since sellers do not operate regularly on the market and can stop it at any time of their own free will or due to other circumstances.

Usually, even on the market, conscientious and regular sellers return without unnecessary claims, since there is no need for extra attention from government agencies to them.

But still, if the seller refuses, the best solution would be to contact the consumer protection authorities.

Consequences for the seller

If the seller refuses to return the money for sneakers or sandals, to replace the low-quality model with a model of proper quality, the consumer protection authorities, at the request of the injured person, are required to check the fact of the violation. For the seller, this can lead to the following consequences:

if the quality characteristics of the shoes were exaggerated at the time of sale, then the state body brings the seller to administrative responsibility and imposes a fine on him in the amount of: if this is an individual - from 500 to 1 thousand rubles, if a legal entity - from five to ten thousand rubles;
in addition to the return of funds, the person who sold the improper product must compensate all losses incurred to the buyer;
in litigation, the court must recover from the store an amount equal to 50% of the amount awarded to the consumer.

In any case, in order to fully recover your losses, you must prove the fact that the shoes do not correspond to the declared quality or the unlawfulness of the refusal to return the money.

When are shoes non-refundable?

In some cases, even low-quality shoes cannot be returned or replaced, as well as gratuitous repairs.

These are the following cases:

Shoes worn, returned with defects and there is a fact of wearing out of season.
There are damages or traces of damage that appeared as a result of mechanical impact on the shoes. Such injuries can be burns, cuts, etc. Also not with damage resulting from the actions of the buyer.
The shoes have undergone repairs that caused them to be defective before being returned to the store. However, repair actions that do not violate the integrity of the shoe are not included in this series.
In cases where both the period specified in the Law "On Protection of Consumer Rights" and the warranty period specified by the manufacturer or seller are missed.

Brief Summary

In general, the consumer is always right. But still, a brief description of all possible events must be provided:

Absolutely any consumer has the right to return sold low-quality shoes and demand a replacement or a refund of the funds paid for it within two years from the date of purchase. At the same time, the return conditions do not change over time;
If the footwear is covered by a manufacturer's or seller's warranty, then in the event that the footwear is returned within the warranty period, the conformity of the footwear to the declared quality must be proved by the person who sold it. If this period has expired, then the obligation to prove passes to the person who purchased the shoes;
If the examination is made by the seller, and the buyer does not agree with the results of the examination, then he can challenge this expert opinion through the court;
With any seller it is recommended to negotiate in writing. After submitting a written claim, it is best to make a copy and get a “received” mark from the seller indicating the date the claim was served. This will save you from further proof of filing a claim in court or an authorized body.

The main thing in relations with stores and distributors in the markets is to keep up a conversation with an indication of the legislation and your right to apply to government agencies.

Any entrepreneur is well aware that excessive interference of state bodies in their affairs will entail considerable costs in the form of fines and other sanctions. For this reason, if the consumer feels threatened by a complaint or an application to the court, the entrepreneur is likely to replace the product or return the money, which will provoke a conflict situation with government agencies.

The consumer has the right to make claims against the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) provided for in Article 18 of this Law in relation to defects in goods if they are discovered during the warranty period or shelf life. In relation to goods for which warranty periods or shelf life are not established, the consumer has the right to make these claims if defects in goods are discovered within a reasonable time, but within two years from the date of their transfer to the consumer, unless longer periods are established by law or contract. 5.

Returning shoes to the store. I share secrets.

If it didn’t work out in a simple way, write two copies of the claim in free form, most importantly, indicate your passport details, the date of purchase and the date the claim was filed.

Give one copy to the seller, keep the second with the seller's mark of delivery.

Attention

It will come in handy if the case goes to court. Of course, it is desirable to have a receipt for the purchase with you, but if it is not there, then this will not be a basis for refusing to satisfy the requirements.

Info

The law defines a period for a refund of 10 days, according to Article 22 of the Law "On Protection of Consumer Rights".

After you write an application, the seller is obliged to accept low-quality shoes from you and return the money.
Sometimes, in disputable cases, the seller can conduct an examination at his own expense.

And here if you find yourself guilty, then you will have to pay for the examination.

How to return shoes - under warranty and without it?

In cases where the warranty period provided for by the contract is less than two years and the defects of the goods are discovered by the consumer after the expiration of the warranty period, but within two years, the consumer has the right to present the seller (manufacturer) with the requirements provided for in Article 18 of this Law, if he proves that the defects of the goods arose before it was transferred to the consumer or for reasons that arose before that moment.

True, in this situation, writing for the return of shoes after the warranty period will need to be a little different.

Before writing a complaint and carrying shoes to the store, you will have to conduct an examination of the pair.
This is a paid service, but the seller must reimburse the incurred losses.

Return request for shoes

How do I return shoes under warranty? Returning shoes to the store after a short wear is possible if it has defects that appeared due to the fault of the manufacturer.

According to Article 25 of the Consumer Rights Protection Law, during the warranty period, the buyer can exchange the purchase for money.

Important

Download the law "On Protection of Consumer Rights" To do this, you must present an identity card, the product itself and a claim for return.

The seller can return the money back immediately if the marriage is clearly factory and for this it is not necessary to conduct an examination. Otherwise, the law allows the seller to return the money after the examination. Can shoes be returned after the warranty period? Return of shoes of inadequate quality after the warranty period is also possible. However, the buyer will be required to immediately provide evidence of a manufacturing defect.

Is it possible to issue a return of shoes of inadequate quality according to the law

Before you go to return shoes, make sure that the product has become unusable due to a factory defect, and not due to improper operation. Immediately before buying, also carefully examine the purchased product for visible flaws.

Keep in mind that by law, you have the right to demand either a replacement product or a refund of the full price of a defective purchase.

You should also be aware that according to the Consumer Protection Law, the one-month warranty period set by shoe sellers is nominal.

In other words, if after one month from the date of purchase, but within two years, your shoes failed for no reason, then you can go to the store and demand a replacement.

5 If the seller of the goods refuses to return the money or replace the goods, then demand that this be stated in writing.

Thread: bought shoes right after warranty expired fell apart

Then you can apply to the courts with a claim for compensation for the damage caused to you.

It often happens that after mentioning the judiciary, sellers make a compromise.

So you need to be sure that you are right and not be fooled.

Keep a brochure on the Consumer Protection Act on your shelf at home.

Useful advice Before going to the store to return the marriage, carefully study the Consumer Protection Act in order to back up your claims against the seller.

The chance to buy low-quality shoes exists both in the markets and in expensive stores.

There are two options here - you discovered a marriage during the warranty period or after it. The next steps depend on this.

Shoe warranty: by law. how to return the shoes to the seller?

Can I return if the warranty period has expired? It is possible to return the product or hand it over for free repair even after the warranty expires. If you find a defect after the end of the warranty period, but within two years and you can prove that it is a manufacturing defect, you have the right to file a claim with the seller or the manufacturer (paragraph 5, article 19 of the OPP). True, in this case, you will have to conduct an examination at your own expense and prove the manufacturer’s guilt on your own. If the examination proves you are right, the seller will be obliged not only to return the money for a low-quality product, but also to pay for the examination (clause 1, article 18 of the OZPP). back to content How to assert your rights? The first thing you need to do is demonstrate knowledge of your rights and laws. Returning defective shoes is not a unique situation.

Shoe return consumer protection law

Return defective shoes to the store must be clean and dry. Also, it should not have traces of third-party repairs. The presence of such traces may void the warranty. back to contents How to write a claim? A claim for a refund for goods of inadequate quality is made in a free form. But given that many sellers are reluctant to accept marriage, it makes sense to play it safe and demonstrate legal literacy and knowledge of your rights and laws.

Make a statement in two copies.

Consumer Law Shoe Warranty: Store Return Timelines

A claim for the return of low-quality shoes, including after the warranty period, is made in a free form.

There is no specific form in which to write a claim.

It is enough to competently draw up the “cap” of the application and accurately, specifically and without unnecessary emotions describe the defects of the shoes. But to make it easier for you, here are some samples of a claim for the return of defective shoes.

Choose! Sample Claim for Return of Shoes under Warranty This claim form is relevant if you discover a defective pair before the warranty period expires.

We remind you that the warranty period for each pair is set by the seller and is usually 30-45 days.

The warranty period for seasonal shoes starts from the season for which the pair is intended.

How to return shoes to the store under warranty after wearing or unworn

Store employees have probably encountered this situation more than once, and they are well aware that if the buyer persists and the case goes to court, then in addition to indemnification, the administration will have to pay a fine.

If this does not help, contact the consumer protection society. They will advise you, provide legal support and help you develop a plan for further action. Don't be afraid to sue. If the warranty period has not expired, then the examination of shoes is always carried out at the expense of the seller and you will not have to pay for it. back to content When will the shoes not be accepted into the store? There are rules for the sale of certain types of goods, which includes, by the way, shoes.

Return of defective shoes after the expiration of the warranty period

In Moscow, for shoes, the summer season begins on May 1, the autumn season starts on September 1, the winter season starts on November 1, and the spring season starts on March 1. to contents Return within 14 days from the date of purchase It may happen that the purchased shoes did not suit you for some reason, for example, you were simply not satisfied with the size or color, you can exchange it within 14 days. Exchange and return of goods without explanation is possible, provided that the shoes have no traces of wear and have fully preserved their presentation (Article 25 of the Law on the Protection of Consumer Rights).

The box and labels must not be damaged. You are required to have a check and a document proving your identity.

If you came to the store to exchange goods, and the shoes you need are not currently available, then you must return your money.

According to the law on "Protection of Consumer Rights", the buyer has the right to return the item that did not fit within fourteen days. What reasons can become "good enough" for?

What does the Consumer Protection Act say?

The buyer has the legal right to return the product within two weeks after its purchase (the countdown starts from the next day after the purchase), if it did not suit him according to one of the following criteria:

Inappropriate shape.
Inappropriate dimensions.
Wrong style.
Inappropriate color.
Wrong size.
Inappropriate equipment.

Return conditions

The trade dress of the item has been preserved.
The item was not used.
The item is returned in the same "complete set", with all labels, inserts, instructions for use, etc.
The client kept a document confirming the fact of purchase: a check, a receipt for payment for the goods, instructions for use, a technical passport of the purchased item, a printed history of the bank card with which the item was paid for.

Any documents that indicate the date and time of purchase of the item, its name and cost, as well as the personal data of the servicing seller can serve as confirmation of the purchase.

How to return shoes to the store if they do not fit?

The buyer can return the shoes to the store if they do not fit for one of the following reasons:

Wrong size. For example: the seller promised that the shoes would “break in”, but the shoes continue to rub after a week of socks.
Wrong color. For example: the buyer wanted to buy shoes in an unusual color scheme. After looking at the “new thing” standing in the corridor for several days, he realized that he would not be able to get used to it.
Wrong style. For example: the buyer did not think over under which trousers he would wear boots with pointed toes.

By providing one of the above reasons for the return, the buyer can count on:

Exchange of shoes of the wrong size/color/style for a similar model of the right size/color/style
Exchange of shoes for another model with recalculation of payment: return of the difference in cost or surcharge.
Refund of the cost of purchased shoes in exchange for the return of an unsuitable model.

Return Policy

The buyer did not have to wear the shoes before returning them to the store;
Shoes should not lose their “marketable appearance;
The buyer must keep all the "components" of the returned shoes to the store: the box in which the shoes were packed in the store, replacement heels / insoles (if any), labels, etc.
The Buyer must keep the documents confirming the purchase of this pair of shoes in a particular store.

How to return shoes that did not fit in size / color / style to the store?

If the shoes you want to return meet the above requirements, then:

Go to the store where you bought the shoes. There, provide it, as well as documents confirming the purchase of shoes in this particular store.
Fill out the application according to the template provided to you at the store. It usually contains the data of the seller serving the buyer, the price and name of the goods, the buyer's personal data, and the reason for the return.
At the end, it is important to write down what you expect when returning unsuitable shoes: an exchange for a suitable one or a refund.
The application must also indicate the presence or absence of a check. If it is missing, then it is important to indicate the details of the person who was present with you at the time of buying the shoes. The Consumer Protection Act allows the use of a witness if the check is lost.

If there are no shoes of a suitable size at the time of return, then:

The buyer can negotiate with the seller of the shoe store when shoes of the right size are brought to the store.
The buyer has the right to demand a refund of the amount spent in exchange for the return of shoes that did not fit. The request must be satisfied within three working days from the date of submission of the application.