Application from the buyer for a refund for the goods: sample and procedure for registration

Sample applications

ATTENTION! Look at the completed sample for returning goods of inadequate quality:

You can DOWNLOAD sample applications for returning goods from the buyer using the links below:

• Application for return of goods of proper quality
• Application for return of goods of inadequate quality
• Application for returning goods of good quality to the online store
• Application for returning goods of inadequate quality to an online store

Application deadlines

If you are returning a product of good quality, the law allows you to do this within a cooling period of 14 days, not counting the date of purchase. The main thing is to indicate one of those reasons provided by law - the shape/dimensions/style/color/size/equipment did not fit. That is, if you say that you are returning the goods because they sell it cheaper on the next street, they will refuse to return you and they will be absolutely right. If everything is filled out correctly, the money must be returned within 3 days in accordance with Article 25 of the Consumer Rights Protection Law.

In the case of a product of inadequate quality, an application is submitted as soon as a defect, defect, etc. is discovered. For example, you bought a refrigerator, it is still under warranty, but it has already stopped working, and you want your money back. Article 22 of the consumer protection law establishes that money for such goods must be returned within 10 days.

How to file a return request

There is no established form for a sample application for the return of goods, so the buyer independently draws up an application in accordance with the following recommendations:

• the application must include information about the buyer, his full name and contact information;
• information about the product that was purchased by him and is subject to return (its model, brand, color and other characteristics on the basis of which the product can be identified are indicated);
• a list of identified defects in the product and the circumstances under which they were discovered (for example, during operation);
• buyer's request for a refund for a defective product.

Important! Please note that some sellers require you to provide passport information when applying. The law does not oblige the buyer to provide them, but in this case it is recommended to meet the seller halfway and indicate the passport details.

There are controversial issues regarding the provision of a receipt confirming the purchase of goods in a store. Often, sellers refuse to return funds in the absence of a receipt, which is a violation of the current law.

The application is drawn up in two copies. One of them is handed over to the seller, and on the second, the authorized person of the store indicates the date of acceptance of the document and his signature.

Drawing up two statements is necessary in order to count the period during which the seller responds to the received application, as well as to confirm the fact of contacting the store with a request for a refund.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

What is important to remember

The seller will be able to reimburse the purchase depending on when the buyer contacted him:

• on the day of purchase, before the closing of the operating cash desk;
• within 14 days after purchase.

At the discretion of the seller, a written request may not be necessary if the buyer wishes to return the item on the day of purchase. If there is no receipt, you can invite witnesses. Refunds are made using the TORG-13 invoice, which is issued by the seller.

The amount is returned from the operating cash desk, where the buyer deposited it. Then the seller draws up a deed according to f. KM-3. To return the money on another day, the buyer must fill out an application; the procedure for resolving the issue is the same. But in this case, it is not the KM-3 act that is drawn up, but an expense cash order according to f. KO-2.

Sample of filling out the KM-3 form

Product type restrictions

According to the law, some non-food items cannot be returned, so they cannot be exchanged or demanded for money, for example:

• cosmetics;
• medications;
• personal hygiene products;
• finishing building materials;
• jewelry;
• vehicles of some categories;
• household appliances and furniture;
• textile goods, knitwear;
• Food;
• animals;
• plants;
• other.

Form KO-2

A complete list of items is approved by the Government of the Russian Federation in the Sales Rules for certain types of products. But it cannot be used by online stores where goods are sold remotely. In these cases, any goods are subject to return, with the exception of high-quality individual orders.

Design rules

An application for a refund is made when a similar product is out of stock or its delivery is not expected. In another case, a buyer purchased a quality product, but it turned out that he did not need it.

The application is drawn up similarly to a request for exchange, it indicates:

• name of the selling organization;
• manager’s information, if the buyer has it;
• information about the buyer;
• product information;
• circumstances of purchase;
• reason for return;
• article of the regulatory act on the protection of consumer rights, on the basis of which the buyer wishes to exercise his rights;
• a request to return the money (in cash through the operating cash desk or through the main enterprise, in another case to a bank account, by postal transfer);
• a list of documents that may indicate that the product was purchased in this store;
• date of registration and signature of the applicant.

detailed instructions

Often, buyers do not know how to behave correctly in a store and when communicating with a seller when they have decided to return a product, regardless of whether it is of high quality or low quality.

To do this, you can use simple instructions:

1. It is better to pay a visit to the store to communicate with the seller with a citizen who witnessed the purchase, which will help avoid a conflict situation at the very beginning. The conversation can be recorded on a voice recorder, but the seller should be informed about this. The tone of communication should be friendly, but at the same time formal.
2. At the beginning of the conversation, you must present to the seller a completed application to return the product, explaining the situation. The seller must be asked to sign and date the document for consideration by management on the buyer's copy.
3. The seller must return the purchased product, after which he must check it for signs of use. If he objects, then it is necessary to demand an explanation about the discrepancy between the returned goods and the condition of the new one.
4. After accepting the goods, you should ask the seller to show similar products. If the required product is selected, be sure to issue a transfer deed upon exchange, which will indicate the date of exchange, thus maintaining a 14-day period during which returns are allowed. If necessary, you can change the product an unlimited number of times.
5. If a suitable product is not available, changes should be made to the text of the application and indicate that the buyer wants a refund. You can submit another statement that was prepared in advance.
6. In a situation where the company will return the money, you should leave the seller a contact phone number. This is required in cases where the return is not possible on the same day.
7. Within 3 days, you must come for the money at the address indicated by the seller in order to receive the amount specified in the application at the main cash desk of the enterprise.

Which item can be returned?

The law allows the following categories of goods to be returned:

• shoes;
• outerwear, including those made of fur and genuine leather;
• equipment used in gardening;
• Sports Equipment;
• goods belonging to the stationery category;
• goods intended for use in fishing, tourism, and active recreation;
• kitchen goods, including dishes;
• other goods.

Watch the video. Returning goods of good quality:

https://youtu.be/YdpxKqB4CXo

Remember! In accordance with Decree of the Government of the Russian Federation No. 55, the following categories of goods cannot be returned by the buyer:

• products used for medicinal and medical purposes;
• products used for personal hygiene;
• goods that are perfumes and cosmetics;
• road transport, including motor vehicles, trailers;
• household appliances that are complex with a warranty period established for them;
• pieces of furniture;
• products made of precious metals;
• printed materials of a non-periodic nature;
• weapons and ammunition;
• food products;
• pet animals;
• textile products;
• materials used in construction;
• dishes.

Requirements for goods accepted back from the buyer

The seller will only accept those goods that have remained unchanged in appearance corresponding to the day of sale.

Please note! The buyer is not recommended to throw away documents confirming the fact of purchasing the goods (receipts, receipts). If they are lost, the buyer does not lose the right to apply for a refund, and the seller does not have the right to refuse a refund due to the absence of a document.

Witness data can be used to confirm the fact that the goods were purchased from this particular seller.

As for the boxes, crates or bags in which the purchased goods were enclosed, their storage is not necessary. The absence of a box does not give the seller the right to refuse a buyer who has applied for a refund of the money paid for the product.

Attention! The law allows for the return of funds in both cash and non-cash form. To return funds to a bank card, the buyer must indicate bank details in the application and request to make a transfer using the specified details.

Return Policy

Of course, the customer is always right. However, if this postulate worked regardless of anything, there would be no point in doing business at all, because if the buyer can return the goods at any time, for any reason and under any conditions, then there is no question of the profitability of business! That is why there are several features in the case of returning goods, with the help of which the state seeks to protect store managers from dishonest customers.

First, remember: the legislation provides, first of all, for the exchange of the product, but if this is not possible (not on the fold at the time of application, does not fit the characteristics), the seller must return the money. You cannot simply come and demand a refund of funds if the exchange option has not been considered.

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Conditions for returning goods of good quality

When can a return be made?

By law, a product is subject to exchange or return in cases where:

• it is of poor quality, you can return it to the store during the warranty period (subject to its indication) or within 2 years,
• it is of poor quality and technically complex (for example, an electric stove), then within 15 days,
• it is of high quality, but does not fit, then within 15 days (including the day of purchase),
• It was purchased on the Internet, then within 7 days from the date of receipt.

In a situation where the last return day falls on a holiday or weekend, it is transferred to the next working day.

If all possible deadlines have been missed, the seller has every right to refuse to return the money or exchange the product.

There is also a valid reason for delay on the part of the client , suppose if he has been in the hospital for a long time: then the two-week rule does not apply to him, but only if he presents documents certifying the importance of the reason.

Another trick that enterprising businessmen often use to lure buyers is the promise to increase the return period for goods. Be on your guard and ask yourself for documentary evidence of his words or make a video or audio recording to avoid misunderstandings in the future.

What to present in the store

To return a product to a store, you must meet a number of requirements:

But what if you don't have your receipt? In this case, you shouldn’t be upset either, because Russian legislation does not consider this reason as a basis for refusing a return. First, most stores store information about sold items in a database. Secondly, the warranty cards and instructions on hand also prove that you are right. Thirdly, you can bring a witness to the purchase or provide his written testimony.

Requirements for exchange or return of goods of inadequate quality

When will the money be returned?

If the buyer did everything correctly, the funds must be returned within 3 business days .

If the purchase was paid for in cash, then a refund is possible both in real money in hand and in virtual money to a bank card. If the payment was made by bank transfer, then the funds cannot be returned in any other way except back to the card.

Statement of claim for the return of goods to court

Important! In addition to the buyer himself, whose rights have been violated by the seller, the body authorized to exercise supervision in this area, the local government body that protects the violated rights of buyers, can go to court on his behalf.

If possible, the buyer whose right has been violated independently applies to the court with a statement of claim.

In this case, the statement of claim is filed at the place of residence of the plaintiff, since his interests are protected by the Law “On Consumer Rights,” or at the location of the defendant, that is, a legal entity. Additionally, the claim is filed at the place where the purchase and sale transaction took place.

Remember! A statement of claim is filed with the magistrate court in the case when the amount of funds to be returned is 50,000 rubles or less. If this amount is greater, either the district court or the city court will consider the claim.

You can view a sample application on the official websites of the courts or on the notice board directly in the court building.

If for some reason it was not possible to familiarize yourself with the sample, then the application should set out the information that was included in the application submitted to the seller.

Established form

The legislation has not established a strict form or sample application from the consumer. The gap with the form and content of the claim was filled with practice. As the field of consumer protection has expanded, so has the documentation.

The form consists of the following parts:

• introductory;
• descriptive;
• motivational;
• final.

The structure is consistent with most other full-fledged legal documents. The content should make it clear from whom, to whom and why the complaint is being made.

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The applicant has 2 ways to draw up an act: either write everything himself or use templates. Both options are suitable, but each has its own nuances. If you draw up an act using a template, the applicant may not take into account a number of significant circumstances of a particular case. If you fill it out in person, you will need clear knowledge of what should be in the document.

ATTENTION! A return application is the same claim, only drawn up based on a specific circumstance - the buyer’s desire to return an unnecessary item.