Return of worn shoes within 14. Is it possible to return shoes to the store if they do not fit?

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.

Finding comfortable, high-quality and beautiful shoes is not easy. If it happens that when you buy a pair, you give in to an impulse, and at home you stop liking it, it turns out to be uncomfortable or defective, this article is for you. It is impossible to insure against such situations, but following our advice, it will be easy to communicate with the seller about a return or exchange.

When buying, pay attention to the labeling, its important elements:

Type of goods (boots, boots, etc.).
Name and location of the manufacturer.
Designation of quality standards to which footwear complies (GOST 7296-81 for Russian footwear).
Purpose, scope (home, special, etc.).
Age and generic purpose (male / female, school / teenage / adult, etc.).
Consumer qualities and characteristics: type of material (leather, suede), color, size.
Rules for the safe use of shoes.
Warranty period (at least 30 days).
Information about certification. Manufacturers pass it voluntarily. But, under strict control by the state, the quality of: children's, rubber, safety shoes. Confirmation of its compliance is mandatory.

Other information you should receive upon purchase:

The terms under which the product is purchased.
The price of shoes in rubles.
Information about the elimination of some shortcomings of shoes that preceded the sale.
Life time.

Return of unworn shoes

Can I return shoes to the store within the first 14 days after purchase, indicating that you were not satisfied with the color, style or size? The answer is yes.

You have no right to refuse. But you can hand over a pair that you don’t like or doesn’t fit only in its original form. There should be no signs of wear.

At home, carefully examine the purchased goods. Does the zipper fit well? Is the heel stable? Evaluate the taping of the seams, the leather for scratches and defects. Once having been on the street, the shoes will lose their original state.

In Art. 25 of the Federal Law “On Protection of Consumer Rights” specifies the right to exchange non-food products for a similar one. The seller must be aware of this. Therefore, initially aim for an exchange. According to the law, if a similar pair is not available, then you can receive money for the purchase. Another option is to enter into an agreement that the seller will immediately notify you when a new replacement pair arrives.

When going to the store, prepare:

Complete set: box, additional accessories (heels, bags with zeolite), protective bags;
Check and passport.

Contact the seller or manager. Get ready to find a compromise. Even if the shoes were bought at a big discount, you are obliged to exchange them. We remind you that the main thing is that the sole and insoles are brand new.

We return shoes under warranty

How to return shoes to the store if a marriage is found? Make sure you are within the warranty period. You need to look for its duration in the warranty card. If the warranty is not established, but the defect is discovered within a reasonable time (2 years), then you have every right to make a claim.

Specifically, the beginning of the warranty period. It depends on the type of shoes.

For seasonal, it is calculated from the moment of the onset of the corresponding intervals, which are established by the constituent entities of the Russian Federation. For example, for the capital, the Moscow Government has set the following dates for the onset of seasons:

winter - from 01.11;
spring - from 01.03;
summer - from 01.05;
autumn - from 01.09.

For out-of-season (slippers), the warranty period is counted from the moment of purchase or receipt of the goods (if the purchase was made through an online store).

The law establishes that if the quality of the purchased footwear turned out to be inadequate, the buyer may demand the following:

return the money;
exchange a pair for a similar one;
eliminate deficiencies at the expense of the store;
reduce the value of the thing, taking into account defects;
exchange for another model with an additional payment or a refund of part of the money.

Other provisions for returns and exchanges

Rules for returning shoes to the store:

Having a check is welcome, but not required. You can use the warranty or exchange even in its absence. Be prepared to prove the fact of purchasing shoes in this store in other ways. For example, witness testimony, the presence of the seal of the organization on the coupon.

Insist on an examination if the seller disagrees with the presence of a manufacturing defect. With full confidence in your rightness, you can pay for it yourself. In case of positive results, the seller is obliged to reimburse the costs.

The examination must take place within a period of 45 days.

Be present at the examination or write an act of acceptance and transfer before giving a pair to the experts.

When a peaceful return of defective shoes does not work out - write a claim. To comply with the pre-trial order and oblige the firm to respond to you, print out two copies. On one of them, ask to put the incoming number, the seal of the organization. Or send a claim by registered mail with acknowledgment of receipt.

How to correctly write a claim for the return of shoes

When the seller unreasonably refuses to return shoes to the store, you must express your arguments in the form of a claim (see example). This step is pre-trial settlement of the dispute.

Please indicate in your claim:

To whom it is sent: address, name of the company, name of the head (if known).
Circumstances of purchase: date, name of the consultant who served you, and other relevant facts.
How and when the defect was discovered, what information was not provided to you about the product, or why you do not agree to the exchange of high-quality shoes. We advise you to choose a single position.
Your guesses as to why the defect is factory. Write that you used the pair for its intended purpose and wore it carefully.
The norms of the law that the seller violates by his actions.
What expenses were incurred for expertise, legal assistance, etc.
Amount of loss and estimate the size.

The claim is considered by the seller within 7, and if you need expert help - 20 days. After the expiration date:

requirements are satisfied in whole or in part;
reasoned refusal.

With the latter, you can safely go to court to protect your rights.

How to return shoes to the store

14 day rule

Even not the most legally savvy people are well aware that shoes, not wearing a sock can be returned to the store within 14 days.

This is provided for in Art. 25. Federal Law "On consumer protection". According to the text of the law, the buyer can return the shoes back to the seller without unnecessary red tape. within two weeks if it meets the following requirements:

has not been used;
retained the presentation;
present, confirming the purchase in this particular store;
retained factory labels.

But about already worn shoes, consumers and sellers often have disagreements that end showdowns in Rospotrebnadzor.

The arguments of sellers often come down to explaining the obvious (for them, of course) fact - you the goods were used, so he arranged for you, what can be now? What does the letter of the law say about this?

Article 25 of the Federal Law "On Protection of Consumer Rights". The right of the consumer to exchange goods of good quality

The consumer has the right to exchange a non-food product of good quality for a similar product from the seller from whom this product was purchased, if the specified product did not fit in shape, size, style, color, size or configuration.
The consumer has the right to exchange a non-food product of good quality within fourteen days, not counting the day of its purchase.

The exchange of a non-food product of good quality is carried out if the specified product was not in use, its presentation, consumer properties, seals, factory labels are preserved, and there is also a sales receipt or cash receipt or other document confirming payment for the specified product. The fact that the consumer does not have a sales receipt or a cash receipt or any other document confirming payment for the goods does not deprive him of the opportunity to refer to witness testimony.

The list of goods not subject to exchange on the grounds specified in this article is approved by the Government of the Russian Federation.
If a similar product is not available for sale on the day the consumer contacts the seller, the consumer has the right to refuse to fulfill the contract of sale and demand the return of the amount of money paid for the specified product. The demand of the consumer for the return of the amount of money paid for the specified goods is subject to satisfaction within three days from the date of return of the specified goods.
By agreement between the consumer and the seller, the exchange of goods may be provided for when a similar product goes on sale. The seller is obliged to immediately inform the consumer about the receipt of a similar product on sale.

Warranty

Is it possible to return the shoes to the seller if they uncomfortable or rubbing? You should know that there are 2 types of obligations of the seller of goods (in this case, shoes):

guarantee ;
quality assurance.

The first type of guarantee covers return of unworn models that did not fit during re-trying or for another reason.

And refunds for shoes after a little wear are carried out under a quality guarantee ONLY if it has flaws on the basis of the provisions of Article 18. "Consumer rights in the event of a defect in the product, qualifying as a defect."

Possibility to return used shoes legally regulated the provisions of Art. 18 of the Law of October 25, 2007 N 234-FZ "Consumer Rights in the event of defects in the product." The most common manufacturing defects shoes are:

Accordingly, return rubbing or uncomfortable shoes to wear really, if its defects are recognized as such, which limit performance properties.

Section 18 of the Consumer Protection Act (CPLA)

1. The consumer, in case of detection of defects in the goods, if they were not specified by the seller, at his choice, has the right to:

demand a replacement for a product of the same brand (the same model and (or) article);
demand a replacement for the same product of a different brand (model, article) with a corresponding recalculation of the purchase price;
demand a commensurate reduction in the purchase price;
demand immediate gratuitous elimination of product defects or reimbursement of expenses for their correction by the consumer or a third party;
refuse to fulfill the contract of sale and demand the return of the amount paid for the goods. At the request of the seller and at his expense, the consumer must return the goods with defects.

In this case, the consumer has the right to demand also full compensation for losses caused to him as a result of the sale of goods of inadequate quality. Losses are reimbursed within the time limits established by this Law to meet the relevant requirements of the consumer.

In relation to a technically complex product, the consumer, in case of detection of shortcomings in it, has the right to refuse to fulfill the contract of sale and demand a refund of the amount paid for such a product or demand its replacement with a product of the same brand (model, article) or with the same product of another brand (model, article) with a corresponding recalculation of the purchase price within fifteen days from the date of transfer of such goods to the consumer. After this period, these requirements are subject to satisfaction in one of the following cases:

discovery of a significant defect of the goods;
violation of the deadlines established by this Law for the elimination of defects in goods;
the impossibility of using the product during each year of the warranty period in the aggregate more than thirty days due to the repeated elimination of its various shortcomings.

The list of technically complex goods is approved by the Government of the Russian Federation.

2. The requirements specified in paragraph 1 of this article are presented by the consumer to the seller or an authorized organization or an authorized individual entrepreneur.

3. The consumer has the right to present the requirements specified in paragraphs two and five of paragraph 1 of this article to the manufacturer, authorized organization or authorized individual entrepreneur, importer.

Instead of presenting these requirements, the consumer has the right to return the goods of inadequate quality to the manufacturer or importer and demand the return of the amount paid for it.

4. No longer valid. - Federal Law of October 25, 2007 N 234-FZ.

5. The consumer's lack of a cash or sales receipt or other document certifying the fact and conditions of the purchase of goods is not a basis for refusing to satisfy his requirements.

The seller (manufacturer), an authorized organization or an authorized individual entrepreneur, importer are obliged to accept goods of inadequate quality from the consumer and, if necessary, to check the quality of the goods. The consumer has the right to participate in the quality control of the goods.

In the event of a dispute about the causes of defects in the goods, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer are obliged to conduct an examination of the goods at their own expense. Examination of goods is carried out within the time limits established by Articles 20, 21 and 22 of this Law to meet the relevant requirements of the consumer. The consumer has the right to be present during the examination of the goods and, in case of disagreement with its results, to challenge the conclusion of such an examination in court.

If, as a result of the examination of the goods, it is established that its defects have arisen due to circumstances for which the seller (manufacturer) is not responsible, the consumer is obliged to reimburse the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer for the costs of conducting the examination, as well as the costs associated with its implementation for storage and transportation of goods.

6. The seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer shall be liable for the defects of the goods for which the warranty period is not established, if the consumer proves that they arose before the transfer of the goods to the consumer or for reasons that arose before that moment.

With regard to the goods for which the warranty period is established, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer is responsible for the defects of the goods, unless he proves that they arose after the transfer of the goods to the consumer as a result of the consumer's violation of the rules for the use, storage or transportation of the goods, the actions of third parties or force majeure.

7. Delivery of bulky goods and goods weighing more than five kilograms for repair, markdown, replacement and (or) their return to the consumer is carried out by and at the expense of the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer). In case of failure to fulfill this obligation, as well as in the absence of the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) at the location of the consumer, delivery and (or) return of these goods may be carried out by the consumer. In this case, the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) is obliged to reimburse the consumer for the costs associated with the delivery and (or) return of these goods.

marriage recognition

Unscrupulous sellers often "turn off" buyers who applied for a refund for defective shoes, citing the expiration of the 14-day period.

Meanwhile, the 14-day rule has nothing to do with quality assurance goods. The buyer has the right to present:

throughout the warranty of the shoes if it has warranty card. In most cases, shoes are guaranteed for a month or a season;
if the warranty period is not set, then the buyer can apply for the return of defective shoes during the period up to 24 months from the date of purchase of the goods.

The buyer has the right to demand from the seller or manufacturer:

gratuitous repair ;
substitutions a defective pair for a similar, high-quality article;
return funds for the purchase in full.

If the seller acknowledges the defect and agrees to repair, replace or refund the money, he is obliged to do so. within ten days. When the distributor or manufacturer does not agree that the defect was due to their fault, it is produced.

This procedure is carried out on a fee basis in independent expert laboratories. According to the same article 18, the buyer has the right to personally be in the laboratory on time and challenge its results in court if he does not agree with them.

Paragraph 5 of Art. 18 obliges the seller or manufacturer of footwear accept a low-quality purchase for examination even if the buyer does not have a sales receipt. Initially, the costs of the examination are borne by the seller.

If the experts conclude that the defects were due to circumstances that do not fall within the scope responsibility of the seller or manufacturer, the buyer reimburses the seller for the full cost of the examination and the cost of all related expenses (transportation, storage, etc.).

The return of shoes after a little wear begins with the drawing up of the buyer, where he describes nature of the defect. This document becomes legally binding only after seller's marks of acceptance low quality goods. Therefore, the claim is made 2 copies, one of which remains with the buyer as confirmation of the fact of receipt of the defective goods.

Restrictions

The law provides for a number of restrictions, according to which the seller or manufacturer has the right to refuse to accept low-quality shoes for refund or review. These include:

damage resulting from socks out of season(for example, wearing demi-season models in severe frost);
defects formed during operation not on purpose(for example, using branded running shoes as safety shoes);
mechanical damage, absent at the time of purchase (burns, cuts, etc.);
defects resulting from non-compliance operating conditions.

You will also be denied acceptance of low-quality shoes legally if they have been subjected to repair in workshops or at home before the claim was made.

Prevention or replacement of heels does not count. types of repairs capable of causing defects.

Finally, you can add one thing - purchases must bring satisfaction, and not turn into a headache in the form of red tape with a return. Therefore, when choosing shoes, rush is not needed - pay attention on all the little things, down to how tightly the insole is fixed and whether the laces are the same length.

But what if the seller flatly refuses accept shoes not only for return, but also for examination? Then the buyer has to contact, and not only with the requirement to return the money, but also to compensate for non-pecuniary damage. Most stubborn sellers only after the mention of litigation become much more accommodating.

It happens that a person purchased shoes and later realized that they did not suit him in color, size or other reasons. Few people go to the store to return or exchange it, most people give it to their friends because they simply do not know what they have. Also, few people know the right to return broken shoes within the warranty period.

You will learn about the reasons for which you can return shoes to the store and how to do this in this article.

Reasons for return

return documents

In order to return the shoes you need a minimum of documents:

Passport;
Guarantee;
Check, or testimony of witnesses;
Shoes.

You can ask the person who bought the shoes with you to verify that they came from that location. If you are refused due to the lack of a check, this is a violation on the part of the store, you can file a complaint with Rospotrebnadzor or the court.

Sample Documents

How to write a claim?

If upon arrival at the store, you reported the return of the shoes, but you were refused, the Claim Form is not established by law, but must meet the basic requirements.

In the header of the claim, you must indicate the addressee (data of the seller or store, manufacturer), then indicate information about yourself, your contacts. Indicate the obligations of the purchase, the date and place of its completion, the check number, the cost of the goods and the article. Next, indicate the reasons for the return and the requirements for it. Be sure to indicate the list of attached documents, the date of application. Assure it with your signature, as well as the signature of the seller.

Helpful advice

The store is obliged to consider the claim within 10 days. If you are sure that you are right, but you are denied a refund, you can file an application with the court.

Sample Claim

In which case can you refuse?

You cannot demand a return or exchange of shoes if:

Shoes are worn, and defects appeared in case of use of shoes for other purposes;
Mechanical damage was found on the shoes;
The deformation of the shoes occurred as a result of improper wear and care;
Repaired shoes (except for the replacement of heels, if this does not entail significant changes);
Shoes without defects, which were worn, but do not fit the buyer for some reason.

Return of shoes is carried out on the basis of consumer protection law. Not every citizen of our country knows how to return shoes under warranty and without it. The conditions for this procedure are standard. That is, you can return shoes to the store on the general terms of returning goods of proper and inadequate quality back. Very often, sellers are unwilling to accept the goods back, attributing everything to the impossibility of reselling clothing items. Or they say that the period during which the buyer has the right to refuse the purchase has passed. It is much easier to answer the question of how to return shoes with a guarantee. Everything is simple there. But sellers try not to take back non-guaranteed things by all possible means, sometimes breaking the law. And they try not to remember about the observance of consumer rights if it is not beneficial for the store.

You can write a claim for the return of goods, including the return of shoes. But you need to do it right. Or write a claim for the exchange of goods if it does not fit in size (for example). You can return shoes not only with a receipt, but it is much more difficult than with a payment document.

Our site employs experienced lawyers who will tell you how you can return shoes to the store within 14 days or after 14 days from the date of purchase.

They will tell you the rules for exchanging low-quality goods for high-quality ones. They will help you file a claim against the store correctly, tell you where to go if the store employees refuse to accept the claim or fulfill your requirements, provide a sample claim for the return / exchange of goods. Also, they will help to reduce the price for low-quality goods, if you have such a desire. In general, they will explain the main points of the law to the right of consumers to receive quality services and quality purchases. They will tell you how to return the goods after 14 days and without a receipt.

To return an unwanted purchase, you need to know exactly and follow some rules:

how to exchange;
what to return a low-quality thing;
how to return a quality item;
how to return purchases under warranty;
how to return things back to the store with a receipt;
how to return without a receipt;
return policy within 14 days.

In general, almost the entire law on consumer protection. We will briefly review the main points of this procedure. How to hand over shoes that turned out to be of poor quality or did not fit in size? Just like any other product. In the first 14 days, the goods can be returned for any reason, even if you simply did not like it. Even if the purchased sneakers do not have any flaws, but while maintaining the appearance and performance. Bring shoes, proof of purchase, and don't even have to explain or make up reasons.

If the receipt is lost, the shoes can still be returned, but you will have to find witnesses who will confirm that you really bought these shoes in this particular store. At the same time, do not forget about the packaging in which the purchased shoes lay.

Without it, the goods cannot be returned back. Returning the goods back, you can take the money, exchange it for another similar in consumer properties. In order to make it easier to deal with the supplier, it is better to keep the check. You can solve the problem with the seller with the help of experienced specialists. Write your question in the feedback form and get a full answer for free.

Return of defective shoes, warranty

After 14 days from the date of purchase, shoes can be returned in case of defects. In this case, the return period will be equated to the warranty period. The warranty card is usually issued together with payment documents (check). The warranty is established by the seller at its discretion. It is worth remembering that within 14 days we return the goods or exchange them at will (for example, the size did not fit). During the warranty period, the purchase will be accepted (if there is a receipt or if there is no receipt) only if any defects were found. The warranty period for shoes is usually 30 - 50 days. But you need to know that the guarantee for shoes begins to be counted not from the date of purchase, but upon the onset of the wearing season. For example, winter shoes bought in the summer are subject to exchange from the first day of the winter season.