I would like to think that the buyer can always return the shoes to the seller, but this is not true. For example, no one will accept back winter boots that you think are defective if you started wearing them a week before the start of the season. But the seller will not be able to refuse to help you if you have never worn shoes outside and on the 3rd day after purchase you suddenly discovered that the color of the heel does not match the shade of your eyes. And these are not all the paradoxes of legislation. To understand all the nuances of the return process, read this article.
In what cases can shoes be returned to the store?
Exchange is possible due to marriage or other factors. Goods of proper quality are returned to the store if their characteristics do not suit the customer. True, the consumer has a limited number of days to understand this.
Return conditions and rules
Within 14 days from the date of purchase, the buyer has the right to exchange purchased shoes of proper quality for any reason, be it:
- inappropriate size;
- wrong color;
- wrong material;
- wrong model;
- incomplete set.
Controversial point - day of purchase. Different legal acts provide different information regarding whether the day of sale should be taken into account when calculating the 2-week period or not. If necessary, please refer to:
- part one 25 art. Law of the Russian Federation “On the Protection of Consumer Rights”;
- Art. 502 of the Civil Code of the Russian Federation.
It is on this basis that the courts decide processes that are similar in content, and they say that the day of purchase is not included in the 2-week period for return. But it includes holidays and weekends. Exception: return day. If the last date suitable for a return falls on a day on which the store is closed, then the consumer has the right to seek help the next day after the day off.
If you meet the required period of time and agree specifically to the exchange, not to the return of the money paid, then further events depend on the condition of the shoes and the presence of packaging, receipts, and boxes. If the pair is not worn, not damaged, not dirty and all accompanying documents with the items are in place, then the seller is simply obliged to exchange the unsuitable product.
If the shoes are defective, then other deadlines are allocated for exchange and return, not 14 days. You need to focus on the warranty period. In other words, while the warranty is valid, the buyer can bring a poorly made item to the seller and ask him to sort out the problem.
Is it possible to return shoes if they rub?
The consumer could determine that the shoes were rubbing only during use.It follows that the product was used, and therefore the law does not apply to it for 14 days. The only legal acts remaining are those regulating the return of goods of inadequate quality. And here you will have to prove that the buyer’s calluses and corns appeared precisely because of the defect. This can be done, but you will have to go through an examination.
Important! If you bought a pair that is not your size, you will not be able to return it due to calluses.
...what if it gets wet?
High-quality shoes - winter and summer, used according to the season, cannot allow water to pass through. This is a clear sign of a defect. However, the route by which this deficiency occurs is unknown. If it arose through no fault of the buyer, then the return will be carried out; you only need to bring the results of an independent check to the seller.
… if it just didn’t fit?
The absence of any characteristics in unworn shoes or the presence of incorrect qualities is the basis for return within the first 14 days from the date of purchase. If the pair was used for its intended purpose and only after that unsuitable features (namely features, not defects) were discovered, then the seller, during the appeal, will photograph every scratch on the outer material and a piece of dirt on the sole, and these photographs will become the basis for refusal.
Can shoes on sale be returned?
The Rospotrebnadzor website states that Products of a similar category may be returned. However, there are no specific laws regulating promotional shoes. In other words, they are subject to the same regulations as conventional products.
The key point in this whole situation is cost of shoes. On sale you can purchase a pair with an 80% discount.When there are no promotions at this price, there are simply no shoes in the store, so the seller will offer to return the money or carry out repairs (the latter if there are defects). Wherein some retail outlets use tricks and in internal documents they state that they only partially pay for the restoration of goods purchased at sales. The remaining costs are passed on to the consumer.
When faced with this state of affairs, refer at the station 18 of the Law of the Russian Federation “On the Protection of Consumer Rights”. According to it, regardless of what the store indicated in its internal documentation, it must either eliminate the lack of shoes itself or pay in full for the work of the master. The buyer does not need to invest his money in the process, otherwise he will have to collect his money through the courts for a long time.
Is it possible to return shoes without a receipt and how?
If the payment was made non-cash, it is enough to provide an account statement. When paying in cash, you can refer to surveillance cameras or a witness - a person who was with you at the time of purchase and can confirm this.
What if the box is lost?
Much depends on why you decided to return: because of a defect or for a not so compelling reason. In the latter case, it is easier to return a product you don’t like or don’t fit without a receipt than shoes without a box, since it is a required application. There is an identification code on it, which can be called a “passport” of the shoe. Based on this, the chances of a return or exchange are almost zero.
If you still decide to try your luck, prepare for bureaucratic delays. After you report the loss, you will be asked to write a statement, which will be reviewed by the administrator or store manager within 7 days (no more). After this period, most likely, they will contact you and tell you that they cannot help. And they will be right, because by the time the decision on the appeal is made, the 14 days allotted for an unhindered return will already have expired.
Things are completely different with defective products. The law regulating the return and exchange of poorly made shoes does not mention packaging. Therefore, there is every reason to carry out these procedures in the absence of a box.
Warranty options for shoes
The warranty may come from the manufacturer, from the seller, or may not exist at all. In the latter case, the consumer does not have the right to demand it from the store, since the law does not oblige retail outlets to provide warranty service.
What warranty periods exist for shoes?
Average duration: 30 days from the date of purchase or from the beginning of the season. If the manufacturer has not indicated the terms anywhere, then the seller has the right to do so. If the store itself does not fulfill the task, then a law comes into force according to which claims regarding the quality of the goods can be made within 2 years.
Important! You need to look for warranty information not only on the receipt, box and insert, but also on the manufacturer’s website. If on the official portal of the factory the duration of warranty service for a specific model is 2 months, but the store gives only 14 days, then the buyer has the right to rely on the terms set by the manufacturer.
- 2 years is an excessive period for shoes, so in court they will most likely take the GOST requirements as a guideline. They look like this:
- 30–80 days for casual shoes made of artificial and synthetic leather;
- 60 days for sports shoes;
- 60–90 days for dress shoes;
- 30–35 days for home and travel shoes.
At the same time, GOST standards can also be challenged, because they are advisory and not mandatory. If everything is very complicated with the timing options, then with the starting point of the guarantee it is somewhat easier. To determine from what point to count the days, consider the type of shoes. The seasonal warranty begins on the 1st day of the season, and the demi-season warranty begins at the time of delivery of the goods to the buyer.
Important! In the regions of Russia, seasons begin differently.
If the product was purchased remotely and belongs to the category of demi-season goods, then the moment of receipt of the parcel is taken as the starting point. Documents from the post office, delivery service or courier can serve as a supporting document. Well, if we are talking about a seasonal product, then regardless of whether it was purchased online or in a regular store, it should be counted from the first day of the season (we look at the season dates by the region in which the buyer lives).
Important! If the season began 40 days ago, and you only bought seasonal shoes today, then in terms of warranty you will need to focus not on the beginning of the season, but on the moment of purchase (receipt).
What to do if all deadlines have passed?
You can count on the seller’s help only if the following conditions are combined:
- less than 2 years have passed since the sale;
- you are sure and can prove that the defects in the shoes did not arise due to your actions, but were present initially or arose before the time of purchase.
After the warranty expires, the responsibility for proving the origin of the shoe malfunction is shifted to the consumer.
How to return shoes under warranty after wearing them?
Wear is not an obstacle to return if the shoes are deformed or unusable due to a manufacturing defect. True, if there are signs of use, the seller may doubt that the problems are caused by a violation of the technological process. In this case, an examination will have to be carried out.
In any case, to initiate a return, the client will have to contact the store and write a claim. In it you will need to indicate your contact information and put forward demands, that is, indicate what you want: return the money, carry out repairs, get normal shoes. Don't forget to back up your wish with a reason. It may be a manufacturing defect or a false description (for example, it is indicated that the product is made of genuine leather, but during wear it turns out that it is made of leatherette).
Copies of receipts and other documents confirming the fact of purchase are attached to the claim. No need to provide originals. This is fraught with their sudden disappearance. This happens especially often in situations where the buyer begins to try to assert his rights to return or exchange purchased products through the court.
What should I do if I refuse to accept the shoes back?
It is necessary to start from the reason for refusal. If the seller refers to the loss of the receipt, box and any other evidence of purchase, even the lack of information in the document flow, then there is no point in going to court. You won't even be able to prove that you purchased a pair from a specific store.
Witnesses are frightened by the need to testify and answer for them.After all, if he cannot prove his presence, the case will not only fall apart, but will also become the basis for a new one, in which the former witness will be accused, and he will be prosecuted for giving false testimony.
If the refusal is caused by the seller’s doubts about the causes of the malfunction, then conduct an examination. It is paid by the buyer, but if a manufacturing defect is detected or the consumer wins in court, the costs of conducting a quality check will be required to be reimbursed. The store will have to return the money for the procedure.
What is shoe quality testing?
A buyer who submits a return request may be faced with the fact that the seller will take the shoes away for quality control. During this process, the root cause of the defect will be determined - whether it was caused by the actions of the manufacturer, store staff or consumer.
The procedure can be carried out either by the retail outlet itself or with the involvement of experts. If the situation unfolds according to the latter scenario, then we can say that the seller took the shoes for examination, and not for quality control.
Important! The results of the examination are contestable, just like the conclusion of the quality control.
Costs incurred by quality testing are never passed on to the consumer. This does not happen even if the shoes are damaged due to the actions of the buyer.
Subtleties of filing a claim in court
To resolve your request, proceed as follows:
- submit a claim to the seller in writing;
- keep a copy of the claim with you;
- be sure to take with you a witness who can confirm that you asked the seller in writing and orally to return the money or return the goods, but were refused;
- do not rewrite the claim on the store’s form (it is legally obligated to accept yours).
Following these steps ensures a high probability that the court will side with you. All that remains is to file a claim at your place of residence, store address, or the defendant’s registered address. The claim itself must be drawn up according to a model that roughly describes the situation. If necessary, the basis is simply supplemented with facts and arguments. Moreover, the more specifics and witnesses, the higher the chances that the magistrate will decide the case in your favor.
What shoes cannot be returned?
Even through the court it will not be possible to return or exchange a pair that:
repaired by the buyer;- deformed by improper drying;
- lost its consumer qualities due to the ingress of chemicals and coloring agents;
- mechanically damaged due to the fault of the buyer;
- has defects caused by being worn out of season;
- comes with scratches, cuts, greasy stains, traces of salt.
The very first point has exceptions. You can count on the help of the selling party if the heels have been replaced, but only on the condition that such repairs have not led to major changes in the design.
How to return shoes purchased from an online store?
If you are not satisfied with any characteristics - color, size, style, type of fastener - the product can be returned within 7 days from the date of receipt (not purchase). The terms increase to 3 months when the seller is not concerned about communicating the return conditions to the buyer. However, the costs of the transportation process itself are not refundable under any circumstances. Only money spent directly on shoes is transferred.
Important! To initiate a return, it is enough to contact the seller in any existing way. He will tell you where to find a description of the next steps.There is no universal option in this case.
If the problem is faulty, then you can return the item during the entire warranty period.. The seller, in turn, may offer repairs or replacement, but you should not agree to this. It will be much easier and faster to demand money from him. The remote buyer has the right to insist on this.
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