If the supplier has shipped a low-quality or incomplete product to the organization, the buyer can return it. There may also be other reasons for return, it depends on the terms of the supply agreement.
The Civil Legislation of the Russian Federation establishes several grounds on which goods can be returned. These are cases of non-compliance:
- quality;
- assortment;
- set;
- containers and packaging.
Thus, current legislation allows you to return goods to the supplier in the following cases:
- if the buyer has not received complete information about the characteristics of the product;
- The supplier did not ship the required quantity. In this case, the buyer may refuse the entire lot;
- the product is not fully completed;
- the supplier regularly violates delivery deadlines;
- the quality does not meet the terms of the contract;
- The products were shipped without packaging or containers.
In this article, we will consider what primary documents should be used to document the return of goods to the supplier.
How to arrange for a buyer to return goods to a supplier
The return of goods to the supplier is accompanied by a return invoice (for example, in form N TORG-12 with the note: “Return of goods”) or an act of returning goods to the supplier.
Documents for returning goods from the buyer to the supplier are transferred along with the returned goods.
In addition, the buyer sends a letter (claim) to the supplier demanding acceptance of the returned goods, indicating the reason for their return.
If the goods are returned to the supplier by power of attorney, then in this case, when registering it, you can use form No. M-2 (clause 2.1.4 of the Methodological Recommendations, approved by Letter of the RF Committee on Trade dated July 10, 1996 N 1-794/32-5 ).
In this case, the buyer does not need to issue an invoice for the return of goods.
If the seller refuses to accept the goods
As a rule, the store does not strive to change the product without explaining the buyer's reasons or return money within 14 days. In such situations, it is worth being persistent and reminding the seller about the consumer’s legal rights (Article 23 of the Law “On Protection of Consumer Rights”) and Rospotrebnadzor.
Attention
If this exhortation does not work, then it remains to act in a strictly official way. First of all, you should request a complaint book, where you need to write a request to replace the product. The store must provide an answer within 10 days, which can later be used in court.
In parallel with the wait, it is necessary to file a complaint against the seller with the Rospotrebnadzor office, indicating all the circumstances of the situation. Additionally, you will need to draw up a written complaint to the company with a free statement of the incident and a link to the regulations that regulate the issue.
For your information
It specifies the decision to go to court if the document is ignored. The claim is sent by registered mail with notification. It is also possible to transfer the second copy to a store employee for signature. The company is given 10 days to respond.
If the company’s decision has not been received within the specified period, then you can safely go to court. Moreover, opening a case will not cost anything for the consumer - by law he is exempt from paying state duty.
The final result will be revealed after inspection and examination by the judicial authorities.
IMPORTANT
If a company representative is found guilty, he is obligated to pay the consumer a daily penalty in the amount of 1% of the cost of the product. (Clause 1, Article 23 of the Law “On Protection of Consumer Rights”).
The price tag of the product must correspond to the price tag that existed in the store in which the client’s rights must be satisfied at the time of the court decision.
Letter of claim requesting the supplier to accept goods returned by the buyer
If, during the acceptance of the delivered goods or after its acceptance, it is revealed that the goods do not comply with the requirements for their quality, the buyer has the right, at his own discretion, to refuse to execute the sales contract, return the low-quality goods and demand a refund of the amount of money paid for it, or demand replacement of this product with a product of proper quality (clause 2 of Article 475 of the Civil Code of the Russian Federation).
The buyer sets out his requirements in the form of a claim, which is sent to the supplier (for example, for the return of goods). The norms of the current legislation of the Russian Federation do not provide for an established form of claim for the return of goods to the supplier.
The letter of claim is drawn up in any form.
The letter states:
- full name and details of the buyer and supplier;
- number and date of the purchase and sale (supply) agreement;
- number and date of accompanying documents for the delivered goods;
- name of the product, its quantity and cost;
- detected discrepancy (malfunction);
- links to regulations;
- requirement to satisfy the claim (request for replacement, refund, reduction of amount, etc.).
The claim is signed by the head of the organization, indicating his position and his full name, and certified by the company seal (if any).
The letter of claim is handed over to the authorized representative of the supplier against signature or sent to him by registered mail with a list of the attachments.
How to prepare documents for returning goods
Ask the buyer for an application and a cash receipt.
In the application, he indicates his passport details, states the reason for the return and the amount he wants to return. If the buyer has lost the sales receipt, he can prove the fact of the purchase in another way, for example, by referring to the testimony of witnesses.
When receiving goods from the buyer, prepare a return invoice. It can be arranged in any form. The main thing is that the invoice contains the buyer’s data and all information about the product: its name, quantity, cost.
VAT when returning goods to the supplier
VAT when returning goods to the supplier is required to be processed according to the following rules:
- The seller prepares an adjustment invoice and records it in the purchase ledger.
- The buyer registers the seller's adjustment invoice in the sales book (if he managed to accept VAT for deduction, if not, then he accepts the deduction in the non-refundable part).
Please note that it does not matter for what reason the return occurs.
This is how the return of both defective and high-quality goods is processed if it does not comply with the contract.
Customer Reviews
Gratitude from Piskunov I.B. I just don’t have words to express my gratitude to Sergei Vyacheslavovich. Thank you for having such a lawyer. Thank you for your help regarding the issue regarding the employment contract.
Piskunov I.B. 12/12/2018
Feedback from Gizatullina Dear leader!
I would like to express my deep gratitude to lawyer Lidiya Aleksandrovna Kuznetsova for her professional advice in solving my problem, for her sensitive, attentive attitude towards me as a client, for her competent approach to the matter. I also want to express my sincere gratitude to the team for their friendliness and professionalism. I wish you continued success in your legal career.
Thanks to Pavlyuchenko A.V. from Astafieva A.S. I express my gratitude to the Legal Agency and in particular to lawyer Alexander Viktorovich Pavlyuchenko for the work done, high qualifications and high-quality approach. Thanks to Alexander Viktorovich, we managed to achieve a result in court in a case on the protection of consumer rights that I did not even expect. The amount recovered in court even exceeded my expectations. Thank you very much for your qualified work and professionalism.
Sincerely, Astafieva A.S., 03/01/2019
Gratitude from N.S. Khokhlov I am Khokhlov N.S. I express special gratitude to lawyer A.V. Pavlyuchenko who defended my consumer protection rights. I was pleasantly surprised by his professionalism, where he discovered the false address of my defendant registered in the Unified State Register of Legal Entities, and also defended me, as I believe, from the unreasonable decisions of the trial judge. If I need legal assistance in the future, I will only turn to A.V. Pavlyuchenko.
N.S. Khokhlov December 12, 2017
Gratitude from Potapova T.I. I express my gratitude to Denis Yuryevich Stepanov for the work done, high qualifications, as well as for very clear, accessible help in solving my problem (protection of consumer rights). Excellent, very competent lawyer. Thank you very much!
Sincerely, Potapova Tamara Ivanovna, 07/09/2019
Gratitude from Rusanova N.V. I sincerely thank Konstantin Vladimirovich Ivanov and Sergei Vyacheslavovich Mavrichev for the qualified information assistance provided in a friendly atmosphere of communication, as well as for providing the opportunity to obtain guaranteed legal support in the future.
Rusanova Natalya Viktorovna, Associate Professor of the Department of Russian Language and Literature of St. Petersburg Mining University.
Gratitude from N.A. Tomashpolskaya I would like to express my deep gratitude to Alexander Viktorovich Pavlyuchenko for his competent legal advice and sensitive, attentive attitude towards me, who found myself in a difficult situation.
Sincerely, Tomashpolskaya N.A. 07/01/18
Gratitude from Loseva S.I. I express my deep gratitude to Sergei Vyacheslavovich (lawyer of the firm) for his very clear, accessible help in solving my problem (protecting rights as a consumer). This is the second time I have contacted you to solve my problems. Always everything......and in full.
With gratitude, Svetlana Ivanovna Loseva, 02/15/2019
Gratitude from Alexey Shubakov Many thanks to Sergei Vyacheslavovich for the complete and detailed consultation. I have not encountered legal assistance before, but now, with a very favorable impression, I will definitely apply again in the future.
Shubakov Alexey 10/17/2018
Gratitude from Natalya Gurova I would like to express my gratitude for the qualified and friendly advice from legal practitioner Daria Igorevna Zaprudnaya, Vasily Anatolyevich Kavalyauskas and Daria Valentinovna Kutuzova. The environment at the law firm is welcoming and professional. I wish you continued prosperity. Thank you for your help.
Best regards, Natalia Gurova. 07/06/2018
Return of low-quality goods to the supplier if a defect is detected immediately upon acceptance of the goods
In this case, the purchasing organization may simply not accept the damaged goods.
In this case, it is enough to correct the invoice TORG-12 - without documenting the return of low-quality goods to the supplier.
That is, if the supplier is ready to take back expired products, then from the TORG-12 consignment note issued by the supplier, the purchasing organization deletes the necessary items - those items that are defective.
Please note that corrections in the receipt document must be made in the presence of the supplier or his representative - a forwarder or driver, vested with the rights of a financially responsible person.
The specified person must sign next to the crossed out item and pick up the defective product.
In addition, the supplier must not only accept the defect back, but also adjust the invoice for the purchasing organization downward and send it to the purchasing organization within 5 business days, since less goods were actually purchased.
At the same time, in the invoice, in the adjustment lines, the supplier indicates those goods that he must accept from the buyer.
Note that in practice another option is often used, namely, additional delivery of quality goods at another time, but without paperwork. That is, the purchasing organization accepts the entire delivery, signing the invoice without adjustments. And the supplier delivers the missing quality goods a little later. This is a common case when the buyer has established a trusting relationship with the supplier.
Court decisions
You are not obligated to pay the imposed class=”aligncenter” width=”593″ height=”837″[/img]
How to win a lawsuit against a dentist
Refund for poor quality tire replacement
The car dealership does not give away the car
A diet that only makes your wallet thin
Furniture store paid for late payment
Return of defective goods to the supplier after acceptance
There are situations when the purchasing organization cannot return the defective product to the supplier immediately, although the defect was discovered at the time of acceptance.
For example, the delivery was from another region, and the transport company - the seller's delivery contractor - does not accept anything back.
In this case, despite the defect, the purchasing organization will have to accept the products according to the TORG-12 invoice, draw up a statement of discrepancies in quantity and quality, and place the inventory items in its warehouse.
And only after this the purchasing organization can write a claim and wait for its consideration by the supplier.
