Sales receipt without a cash register: is it valid and in what cases?

Last modified: March 2020

Many buyers, after purchasing a product at a shopping center, lose their payment receipt. If the purchased product does not fit in size or is of poor quality, then there is a need for an exchange or return. When presenting the goods, the supermarket employee asks for a receipt. In case of its absence, the client receives a refusal.

In the article , we will consider whether it is possible to return a product without a receipt, when the seller is obliged to return the money to the buyer, how to return purchased products without a receipt, and what to do if the store refuses to return it.

Is it possible to return an item without a receipt?

In normal practice, when returning a purchased item, equipment or other products, the client must present a receipt. It serves as confirmation of the fact of concluding a purchase and sale agreement with a specific seller.

Based on Part 5 of Article 18 of Law No. 2300-1 of 02/07/1992, goods can be returned to the store even without a receipt. A similar rule is contained in Article 493 of the Civil Code of the Russian Federation. If the client loses a document confirming the fact of purchasing products in the shopping center, the seller has no right to refuse to fulfill the consumer’s requirements. The fact of concluding a purchase and sale agreement can be confirmed by witness testimony.

Need to know! When paying for goods purchased via the Internet or other remote methods, payment is made by electronic or cashless payment. Many people use bank cards , electronic wallets, and terminals. To confirm the purchase, you must request a bank account statement confirming the transaction.

Legislation and regulations

According to paragraph 5 of Art. 18 of the Law of the Russian Federation dated 02/07/1992 N 2300-1 (as amended on 07/03/2016) “On the Protection of Consumer Rights”, the absence of a cash or sales receipt or other document certifying the fact and conditions of purchase of goods by the consumer is not grounds for refusal to satisfying his requirements. The store does not have the right to infringe on the buyer’s rights and make demands that are contrary to the law. For example, Leroy Merlin Vostok LLC for some time indicated on the cash register receipt that the return of goods could only be carried out if there was a receipt and a passport. Then the Office of Rospotrebnadzor in St. Petersburg filed a lawsuit in defense of an unspecified number of persons. After considering the case, on October 18, 2010, a decision was made in civil case No. 2-3321\10, in which the court declared the actions of Leroy Merlin Vostok LLC illegal, and also ordered the store to bring the court decision to the attention of customers by posting it on stands in retail stores. halls

In what cases is it possible to return goods to a store without a receipt?

The Consumer Rights Protection Law establishes the same rules for the exchange and return of purchased items for situations where the buyer’s cash receipt was retained or lost.

Returning goods of proper quality

In order to exchange or return a quality item to the store, certain conditions must be met.

Returns are allowed within 14 days after purchasing the product if:

• the item has been used;
• its presentation has been preserved;
• seals and tags are not damaged;
• there are witnesses that the products were purchased in this store;
• There is a warranty card with the seal and signature of the seller.

Thus, the client must return the quality product to the supermarket as complete as possible. However, returns are allowed without packaging and wearing parts.

Example 1. Gavrilov N.A. I bought a kitchen table at the mall. My wife was present when paying for the product; payment was made by bank card. During the process of assembling the product, the citizen saw that the table did not match the color of the kitchen set. The wife suggested returning the table to the store and ordering a suitable product from a furniture workshop. When returning the goods to the shopping center, it turned out that Bublikov N.A. I lost my receipt for payment. To confirm the fact of the purchase and sale transaction, he provided an online statement from his personal mobile bank account. His wife was present with him, who confirmed that the table was purchased in this shopping center. Bublikov N.A. invited the seller to view the recording from the CCTV camera installed in the sales area. The seller, with the approval of the shopping center administrator, returned the goods.

Return of low-quality goods

A low-quality item for which the receipt has not been kept can be returned to the supermarket during the warranty period , both before and after 14 days . The request for return must be made within two years after the sale transaction.

For technically complex products, special return rules have been established. For minor defects, quality claims can be filed before the end of 15 days after purchasing the equipment. If this period has passed, then a return during the warranty period is carried out if significant defects are identified.

Example 2. Bublikov I.A. purchased a TV from IDLux LLC. During the operation of the equipment, a defect appeared in the form of a low-quality image. The client contacted the seller with a letter of claim for a refund for the defective product. LLC "IDLux" refused the consumer on the grounds that he did not give the store a sales receipt and a warranty card, proving the fact of purchasing the equipment from this seller.

Bublikov I.A. filed a claim in court for the return of funds. During the trial, a forensic examination was carried out, which established that the defect was a manufacturing defect. The judge considered that the seller violated Law No. 2300-1, since the absence of a check cannot be a legal basis for satisfying the buyer’s demands (Appeal ruling of the Saratov Regional Court dated September 30, 2014 in case No. 33-5502).

Why do you need a cash receipt?

Buyers are wondering if it is possible to return a product they don’t like or of poor quality back to the store if there is no receipt and the return period has expired? Stores usually ask for a receipt so they can accept the item back. If the receipt is missing, it can be replaced by another document that also confirms the fact of purchase.

Although the seller's demands in such situations are illegal.

In practice, there are cases when the seller accepts the goods at his own discretion. He returns the money taken from the buyer for the goods, but the buyer must provide evidence that the goods were purchased from him.

As a rule, most buyers, when making purchases, legally demand from sellers that they give them a cash receipt. If the buyer is a legal entity, then a check is required to prepare a report on the goods purchased by him for certain funds.

An individual who purchased any product in a store may need a cash receipt when returning the purchased product. It serves as an evidence base, relieving the buyer of a lot of hassle when returning a product that is no longer necessary or simply does not suit him.

What product cannot be returned to the store without a receipt?

Under certain circumstances, it will not be possible to return goods without a receipt to the seller. Let's consider the most common situations when a store has the right to refuse on legal grounds:

1. The customer has purchased products that meet the quality requirements. For example, pasta, sausage, milk and other products have not expired.
2. The consumer paid in cash, received a cash receipt and lost it. There were no witnesses present during the purchase, and the video footage from surveillance cameras was not preserved. For example, a purchase was made at a street market, a sales receipt was issued in paper form, which was lost.
3. The seller was presented with a defective product for return; the defect arose due to the fault of the buyer or third parties. For example, children spilled juice on the phone and the equipment malfunctioned.
4. The product is included in the list of non-food products that are not subject to exchange or return. For example, a client purchased orthopedic insoles that did not fit. However, they cannot be returned because they are included in the list dated January 19, 1998 No. 55.
5. The citizen did not meet the 15-day deadline established for the return of high-tech equipment. The identified defects are minor and do not prevent the item from being used for its intended purpose. For example, a laptop was purchased in a store, and after 15 days the buyer discovered that there was a crack in the case.

Consumer protection - general rules

The Federal Consumer Protection Law regulates the relationship between buyer and seller. The law is aimed at protecting the rights of Russian citizens and imposing an obligation on the seller to accept low-quality goods, as well as high-quality ones, if for some reason the buyer no longer needs them, return them.

To return goods to the seller, the law establishes 14 days, which are counted from the next day after the day of purchase. According to the law, the buyer has the right to return, regardless of the quality of the product, but subject to certain conditions, these include:

1. the purchased product must not be used for its intended purpose;
2. the product should not lose its consumer properties, its presentation should not be lost;
3. Labels and seals on the product must not be damaged.

However, not all types of goods are subject to return and exchange; thus, personal items, underwear and bed linen, soft children's toys, pharmaceutical products, complex technical devices and others cannot be returned; a full list of excluded goods can be found in the law on the protection of rights consumers.

It is important to note that the buyer has the right to return the goods without a receipt, as evidenced by Article 18 of the Law on the Protection of Consumer Rights, according to which the absence of a cash receipt or other official paper certifying the fact of purchase of the goods cannot serve as a basis for the seller’s refusal to satisfy the buyer’s claims .

According to the law, the seller must accept the goods without a receipt, since it is printed in two copies - one is given to the buyer, and the other is stored in the store’s archives, and if a return application is received, the seller is obliged to look at the cash register tape and make sure that the buyer is right.

Also, the evidence of the return of goods is considered to be the testimony of witnesses.

If the seller refuses to accept the goods back without a receipt, the consumer has the right to file a claim with the consumer rights protection department or Rospotrebnadzor. The application details the characteristics of the product, and also indicates defects if they were identified after purchase. These organizations consider the application and take measures to prevent the offense; if it is impossible to resolve the disagreement peacefully, the consumer has the right to go to court.

In addition, if there are objective reasons when the buyer was unable to return the goods within the period specified by law, and the seller refuses to accept it back, citing delay, the consumer has the right to prepare and file a claim for the protection of consumer rights in court. If the seller meets and exchanges the goods, despite the expiration of the return period, he is legally released from fulfilling his obligations.

Important! Few people know that goods sold at a promotion or discount can also be returned to the seller, since the law does not establish them as exclusive. Such goods, as a rule, include things that have gone out of fashion. And even if they indicate that they cannot be exchanged or returned, the buyer has the right to return the goods within the period prescribed by law.

How to return an item without a receipt: step-by-step instructions

To return to the seller products for which the receipt has not been saved, you will need to prepare evidence confirming the conclusion of the purchase and sale agreement and write a letter of claim to the store. If it is found to be justified, the seller will return the money to the consumer. Let's look at the whole procedure in more detail.

https://youtu.be/fTUqryaJYeM

Step 1 – Prepare proof of purchase

Before contacting the seller with claims, you need to prepare documents confirming that the products were purchased in a specific store.

The list of evidence includes:

• warranty card with the seller's mark;
• marks in the passport for the purchased item;
• an extract from the current account if the goods were purchased using a bank card;
• testimony of witnesses present at the conclusion of the purchase and sale agreement.

Many stores equip their trading floors with video surveillance systems. The client can contact the store administration and ask to view the video recording for a specific date.

Step 2 – Making a claim and sending it to the seller

After preparing the documents, the citizen draws up a letter of claim addressed to the store manager.

The text must include the following information:

• seller's name;
• information about the consumer (full name, registration or residence address, telephone);
• date of purchase;
• description of the purchased product and its cost;
• links to evidence confirming the fact of purchase (witness testimony, warranty card, etc.);
• request to return money for goods;
• date and signature.

All documents available to the citizen confirming the fact of acquisition of the item should be attached to the application.

Depending on the type of claim presented to the seller, a response to the claim letter must be given within 3-45 days. If necessary, an examination of the quality of the goods is carried out at the expense of the store.

Step 3 – Returning goods and receiving money

If the seller recognizes the claim as justified, the goods will be returned. The buyer brings the item to the store, where his employee draws up an acceptance certificate. The document is signed by both parties. One copy is given to the consumer.

An application for a refund is also drawn up. If the payment was made in cash, then the money is issued according to the debit order. When paying by bank card, funds are transferred to the client's current account.

What documents may the seller require?

To receive a refund of the money paid for the returned item, the buyer must submit his return request to the seller. In the text of the application, in addition to personal data, reasons for returning the goods and the amount of return, it is necessary to indicate that there is no cash receipt confirming the purchase.

When returning money for goods, the seller has the right to request an identification document from the buyer in order to verify the data specified in the application.

An application to return goods without a receipt is endorsed by the head of the company, retail outlet, store manager, etc., which means consent to return the money to the buyer.

If the seller works on an online cash register system, he must run a “return receipt” cash receipt and issue an invoice for returning the goods. Before the introduction of online cash registers, for goods returned to the seller not on the day of purchase, it was necessary to punch a return receipt and draw up a report in form No. KM-3.

What to do if the seller refuses to return the goods without a receipt?

In case of refusal to return money for goods for which the sales receipt has not been saved, the buyer has the right to protect his interests through Rospotrebnadzor or in court.

How to file a complaint with Rospotrebnadzor?

Rospotrebnadzor is a specialized agency that considers conflicts between consumers and sellers. Before filing a complaint, you must follow the complaint procedure for resolving a consumer dispute. Otherwise the check will not be carried out.

An appeal to Rospotrebnadzor can be submitted in the following ways:

• in writing in person or by mail;
• through the department's website;
• by calling the hotline.

Specialists will accept the request and begin checking the legality of the seller’s actions.

When filing a complaint in paper form, you must include the following information:

• name of the territorial structural unit of Rospotrebnadzor;
• client information (full name, residential address, telephone);
• description of the circumstances of the purchase;
• information about sending a letter of claim to the store;
• information about the response to the letter of claim;
• data on evidence confirming the fact of a purchase from a specific seller;
• date and signature.

The document is accompanied by a warranty card, an extract from the current account, a claim, and other documentation.

To avoid mistakes, it is advisable to entrust the preparation of the complaint to an experienced consumer rights lawyer. He will prepare the necessary evidence and help you compose your appeal correctly.

The complaint must be registered within three days after receipt of the complaint. Then an inspection is carried out and a response is given to the applicant about the measures taken within 30 days.

How to get money back through court?

If the buyer has paid a large amount, then the optimal solution would be to file a lawsuit in court. In this case, he will be able to recover not only money for the goods, but also a penalty, compensation for moral damage, as well as a fine for refusing to satisfy the consumer’s demands.

You should know! If the claim amount is up to 50,000 rubles. the dispute is considered by the magistrate court. If the amount of claims is more than 50,000 rubles, then the documents must be submitted to the district or city court. The territorial jurisdiction of the dispute is determined at the choice of the consumer. He has the right to apply for protection of his rights to the court at his place of residence or at the location of the seller.

Disputes regarding the protection of consumer rights are considered by the courts within 1-2 months. To check the quality of products and determine the causes of defects, a forensic examination may be appointed.

If necessary, witnesses are invited to the court hearing who can confirm the fact of a purchase in the store. Their testimony is recorded in the minutes of the court session.

The final decision is made based on a comprehensive examination of the evidence. If the seller's guilt is proven, the dispute is resolved in favor of the buyer.

Use of checks in trade

In accordance with Russian legislation, business entities in the field of trade relations are required to use cash register equipment when selling consumer goods. Along with the purchased goods, the consumer is given a check in his hand, which has a certain form, which, moreover, is the primary accounting document on paper.

Important! Issuing a cash receipt to the buyer is an obligation for the seller to ensure proper accounting of funds in the field of trade settlements.

The following details must be noted on the cash receipt:

• the name of the purchased product and its cost;
• document serial number;
• official name of the seller, including his TIN and registration certificate number;
• KKM serial number;
• legal address of registration of the device;
• properties of the tax regime.

In addition to the above mandatory details, other information, including advertising, is allowed to be placed on the cash register receipt. If the details on the receipt are not printed clearly, the operation of the machine is suspended.

The information placed on the receipt not only allows the consumer to categorically prove that the purchased product belongs to a specific seller, but also provides the tax authorities with the opportunity to verify the seller’s compliance with:

• trading rules;
• rules for performing cash transactions;
• cash handling;
• monitoring the amount of revenue for a specific period.

If non-compliance with the norms of legislative acts regarding the issuance of a check is detected, a sanction in the form of a fine or a warning is applied to the seller, if he has not previously been brought to administrative responsibility for issuing a payment order.

Is the seller obligated to issue a receipt?

Any settlement transactions, regardless of the method of depositing funds, must be confirmed in printed form, namely by check.
This resolution is present in the Federal Law dated May 22, 2003 No. 54-FZ. This law also contains other information, according to which a check must be issued to any buyer, regardless of the method of payment, the product or service purchased and other criteria. The seller is obliged to record the act of transferring money for the product or service. But individual entrepreneurs in some cases bypass this condition if they use a single tax. However, they are required to issue a receipt or other document indicating the purchase of products or use of services on a paid basis.

Exchange terms

Exchange of goods without a receipt is possible in the following situations:

1. The item is returned in perfect condition, if it does not match only in color, style, size, configuration, or dimensions. Article 25 of the POPP in paragraph 1 contains a provision on the exchange of goods of proper quality. At the same time, in the third paragraph of this norm it is mentioned that the consumer has a receipt. However, it also contains a clause stating that the absence of a purchase document does not deprive the buyer of the right to refer to witness testimony.
2. Quality claims. If you purchased a defective product (of poor quality), you can safely take it to the store to get your money back or exchange it for a similar quality item. In this case, paragraph 5 of Article 18 of the Law on Protection of Consumer Rights is applicable.

At the same time, it is advisable to comply with certain conditions that will certainly help you return the goods without a payment document:

1. Some goods of good quality cannot be returned back to the store if you don’t like them or don’t fit in size or style. Such a ban is contained in the Decree of the Government of the Russian Federation of January 19, 1998 No. 55. Such goods (according to the List, the existing Decree) include, in particular, personal hygiene items, perfumes, cosmetics, household chemicals, jewelry, animals, plants, knitwear products, etc.
2. When you arrive home, you should not immediately throw away the packaging or cut off tags and labels (paragraph 3 of paragraph 1 of Article 25 of the Law on the Protection of Consumer Rights). This is especially important if you did not save the receipt.
3. Observe the period for the legal return of goods without a receipt, and also take into account its expiration date. Otherwise, you will have to provide additional documents to confirm, for example, harm to health.
4. Take with you to the store for exchange everything that was issued with the product: warranty card, technical passport, etc.
5. An exchange without a receipt may require the buyer to perform additional actions: filling out a form, presenting identification documents, etc. You should not resist and refuse in order to quickly and without nerves exchange the goods.

How to exchange an item without a receipt after 14 days from the date of purchase?

It is not always possible for product defects to become apparent within two weeks. This often happens if people do not start using the item immediately after purchase. And at one point the item breaks due to the presence of hidden and obvious defects. A logical question arises about how to exchange or return such a product in a store, especially in the absence of a receipt.

For your information

Thus, the Law on the Protection of Consumer Rights in Article 25 establishes exactly a 14-day period from the date of purchase in order to freely hand over the goods to the store if they are of proper quality. In this case, everything largely depends on the behavior of the employees of the retail outlet. Valuing their reputation, employees can meet the buyer, but they are not obliged to do so by virtue of legal norms.

If you still have good reasons for exchanging the product, for example, it affected your health (caused allergic reactions that were not specified in the documentation for the product), then you can write a statement to the court, having first collected all the evidence.

Where to file a claim against the seller

If the consumer is not given a receipt in the store, then this is a violation of the legislation on the use of cash register systems.

The lack of documents on the purchase of goods also affects the buyer’s ability to freely return (exchange) the goods and otherwise assert their rights.

He is not deprived of this opportunity, but in practice it is much more difficult to protect the interests of consumers without checks.

If a store receipt is not issued, the consumer can file a corresponding complaint. The same right arises in the event of a refusal to issue a sales receipt at the consumer’s request. You can complain about violations committed by the seller to the authorities that control its activities.

These include: the tax inspectorate, Rospotrebnadzor, departments for the protection of consumer rights. In addition, the buyer can leave an entry in the book for complaints and suggestions. The management of a store or other establishment is obliged to study the complaint and take any action on it.

These organizations must accept a complaint from the consumer, consider it and take appropriate measures. For applications received from citizens to institutions and government agencies, a monthly period for consideration is established.

Upon receipt of such a complaint, the Tax Service checks the organization’s use of cash registers, the issuance of checks or other documents on the sale of goods. Based on the results of the review, the violator may be given a warning and a fine may be imposed. In case of repeated violations, the seller may face suspension of trade for several months.

See a sample complaint against an investigator to the prosecutor's office.

This is important to know - instructions for writing a complaint to the store.

Sample contents of a claim

There is no single form of claim for failure to provide consumers with receipts. This document is drawn up in writing, printed or by hand.

The main thing is that the recipient can read its content . The complaint as a standard must contain a heading indicating the body to which it is addressed, as well as the name and data of the applicant.

In addition, the document states:

• the essence of the violation committed and the date of its commission;
• data of the entrepreneur (organization) that committed the violation,
• consumer requirement;
• justification of the stated requirement;
• signature and date of document preparation.

All available evidence must be attached to the application. The complaint can be sent by mail or delivered in person through the reception (office) of the organization.

When delivering in person, you should put a mark indicating acceptance of the document on its second copy. You can also submit an application to Rospotrebnadzor online on the organization’s website. The complaint is also submitted electronically through the State Services portal.