Alimony
26.06.2023

What to do if things are damaged in the studio. Returning clothes to a store, what documents must be on hand to return clothes? During fitting, the client tore the item, what should I do?

PROTECTION OF THE RIGHTS OF CLOTHING AND FOOTWEAR CONSUMERS
As a rule, almost all unpleasant situations associated with purchases are associated with the seller’s dishonesty, as well as violation of the law. To protect your rights, you need to know some of the sales rules established by the state for organizations that sell clothing and shoes.
Decree of the Government of the Russian Federation dated January 19, 1998 No. 55 “On approval of the rules for the sale of certain types of goods, a list of durable goods that are not subject to the buyer’s requirement to provide them free of charge for the period of repair or replacement of a similar product, and a list of non-food products of adequate quality, not subject to return or exchange for a similar product of a different size, shape, dimension, style, color or configuration” (hereinafter referred to as Resolution No. 55) provides detailed explanations regarding the sale of these categories of goods.
When selling clothes, fur goods and shoes, the seller is obliged to check their quality (by external inspection) in the presence of the client, as well as the correctness of the price calculation.
Purchases are packaged, and no additional fee is charged for this (Resolution No. 55). To certify the legality of the transaction, together with the item, the buyer is given a sales receipt, which must indicate: the name of the product, the seller, the date of sale, article number, grade and price of the product, as well as the signature of the person who directly carried out the sale. Thanks to this, if necessary, the buyer will have the opportunity to exchange the product for a similar one or return it.
In accordance with Art. 456 of the Civil Code of the Russian Federation, the seller is obliged, simultaneously with the item, to transfer its accessories to the buyer, for example, an instruction manual or a quality certificate.
According to the Law “On the Protection of Consumer Rights”, if the product turns out to be of poor quality, the buyer has the right to demand (optional):
proportionate reduction in price;
elimination of deficiencies free of charge within a reasonable time;
return of money by refusing to fulfill the purchase and sale agreement, that is, by returning the item;
replacement with a good product;
claims related to defects in goods are made during the warranty period.
The item may not fit in style, color or size. It's worse when the product turns out to be of poor quality.
In the first case, it is possible to exchange the product for a similar one without explaining the reasons. You must contact the organization where you made the purchase to request an exchange no later than 14 days from the date of purchase. To facilitate the exchange, it is better to keep the sales or cash receipt, or other document confirming payment; if they are not available, according to the law, you have the right to refer to the testimony of witnesses to the purchase.
Example. The lady, wanting to buy an outfit for the holiday, first bought shoes and put them in the closet right in the packaging. Later she found Nice dress. Unfortunately, the shoes didn't match as they were a different shade. The woman decided to exchange them for similar ones in the desired color. The store was sympathetic to the problem, but there was no such pair.
The representative of the trading organization said that delivery of the goods was expected a little later, and if the client wanted it, he would notify her immediately. However, the buyer did not have time, and the store, in accordance with the Consumer Rights Protection Law, returned the money in full within three days.
The list of non-food products, approved by the same Resolution No. 55, warns that hosiery, sewing and knitted underwear of proper quality cannot be returned or exchanged. So when buying expensive underwear you need to be especially careful.
In case of inadequate quality, other conditions apply, and the procedure for protecting your rights may be delayed. So, if you find defects that were not specified by the seller during the sale, or the item became unusable during the warranty period for reasons not related to violation of operating rules, then in accordance with Art. 18 of the Law on the Protection of Consumer Rights, you have the right to demand the elimination of defects free of charge.
You also have the right to replace the product with an item of a similar brand (model, article) or another brand (model, article), but with a recalculation of the price. And, of course, you can return it by demanding a refund.
The seller organization, importer or individual entrepreneur is obliged to accept the item of inadequate quality even if the buyer does not have a sales receipt or other document certifying payment.
Often the seller does not agree that the goods are damaged due to his fault. Then an examination is ordered at the seller’s expense, and it will determine the culprit. If the examination reveals that the buyer is to blame for the damage, the latter will have to reimburse the costs of carrying it out and, naturally, such a buyer does not have the right to exchange the goods or receive money for it. Although he can appeal the results to judicial procedure. An independent examination is also possible.
As for the timing of filing a claim, according to the explanation of the State Committee on Antimonopoly Policy of the Russian Federation, the validity period of the guarantee (the period for filing a claim) is calculated from the moment the item is transferred to the buyer. They are six months, unless otherwise provided by the contract.
So, you are not involved in the damage to the item and have complied with the terms of the warranty period, but the seller unreasonably refuses to give you a replacement or refund. Therefore, you will have to write a claim, and this should be taken seriously. The claim must be made in writing. It indicates the correct name of the selling organization, its location address, and the address of your own place of residence. The main part of the claim is an accurate statement of the essence of what happened, the requirements for the trading organization and the circumstances on which these requirements are based. It is also necessary to provide evidence on the basis of which you claim a violation of rights by the selling organization.
It should be borne in mind that nowadays trade organizations, especially large chains, often have legal departments staffed by professionals who defend the interests of the employer. Therefore, for legal assistance, we recommend contacting a lawyer who has accumulated some experience in such cases.
Such are the things. Of course, there is a lot of hassle, but you can at least try.
here forum 12/16/2007 I purchased a silk women's blouse of the right size. When trying it on at home, I discovered that the fabric was unraveling along the seams on the back. That is, it turns out that in this blouse you need to stand at attention and not move. The store said that they would not be able to exchange the blouse for me, as it needed to be sent for examination. But I don’t trust this, because it’s not known which side the expert will be on. Please advise what to do... After all, the things were bought for New Year's Eve
In accordance with Article 18 of the Law of the Russian Federation “On the Protection of Consumer Rights”, the consumer, if defects are detected in the product, if they were not specified by the seller, at his choice has the right:
demand replacement with a product of the same brand (same model and (or) article);
demand replacement with the same product of another brand (model, article) with a corresponding recalculation of the purchase price;
demand a proportionate reduction in the purchase price;
demand immediate free elimination of defects in the goods or reimbursement of costs for their correction by the consumer or a third party;
refuse to fulfill the purchase and sale agreement and demand a refund of the amount paid for the goods.
In the event of a dispute about the reasons for the occurrence of defects in the goods, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, or the importer are obliged to conduct an examination of the goods at their own expense. The examination of goods is carried out within the time limits established by Articles 20, 21 and 22 of this Law to satisfy the relevant consumer requirements. 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 examination in court.

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Your rights under the law

Sewing studios provide services that are in demand among the population, such as restoration of fur products, individual tailoring, customization of existing models to the customer’s figure, and much more.

By contacting them, the client expects professional performance and a responsible approach to work. However, such expectations are not always met. What actions to take in case of missed deadlines or poor quality work?

If defects are detected, the client has the right to demand:

  • free elimination of identified deficiencies;
  • proportionate reduction in payment for work performed;
  • free creation of another item of clothing from the same material (color, quality). The client must return the defective item to the workshop;
  • compensation for the expenses you incurred to eliminate identified deficiencies in your work. Costs can be either your own effort and time, or third parties on a reimbursable basis.

An atelier that has damaged or lost an item of clothing or material provided for work is obliged to immediately notify you. Within three days, find a replacement that suits the customer, or compensate him for the cost of the lost item twice as much.

Violation of deadlines

Failure to meet deadlines can be a consequence of various circumstances: illness of the master, discovery of hidden defects in a material or item, loss or damage to the object of work, and others. As a result, the tailor does not have time to hand over the finished result to you at the specified time.

By law, the workshop must immediately inform the customer of the reasons for the delay. The parties discuss the current situation and either terminate the contract or set a new date.

The customer's actions in this case may be as follows:

  • terminate the contract with the studio;
  • complete the task yourself or entrust it to another performer for adequate payment;
  • recover damages from the workshop.

Remember! If the client agrees to postpone the deadline, then he has the right to demand from the contractor a reduction in payment for the work performed.

If the workshop employee did not warn about the impossibility of completing the order on time, you can demand payment of a penalty. Clause 26 of the Rules for Consumer Services states that for failure to meet deadlines, the contractor is obliged to reimburse the client 3% of the cost of the service for each hour (day) of delay, depending on what the deadline is specified in the contract.

If the contract does not contain a clause on the price of the service, then the cost of the entire order is taken as the basis for calculating compensation.

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

Complaint addressed to the director of the studio

If your verbal demands are not met by the organization’s employees on the spot, write a complaint addressed to the manager. It is better to hand it over in person with a mark on your copy. If this is not possible or the director refuses to accept it, send it by registered mail.

Please note! The contents and format of the claim are as follows:

  • in the header, indicate the full name of the legal entity with the address and your personal data;
  • write the name of the document in the center of the line - claim;
  • in the main part, state the essence of the current situation and justify your position. List specific facts: what was done poorly, the amount of time it was overdue, what materials were damaged, etc. If possible, indicate the cost of the items transferred to the studio;
  • formulate your requirements succinctly: how do you see a way out of the situation. Do not be unfounded - refer to specific legal norms and clauses of the concluded contract. Examples of demands from dissatisfied customers: “Please replace the item with a similar one good quality“,” “I ask you to terminate the contract,” “I ask you to return the money paid,” etc.;
  • indicate the period within which the complaint must be answered. There is no universal meaning in this matter. Each contract or service industry has its own deadlines. In some cases, it is necessary to comply with applicable laws. For example, a claim against a telecom operator or transport company must be reviewed within 30 days. Sometimes the organization is given 14 or 5 days to respond;
  • Write the deadline for a response on paper, based on the agreement or legal norm. In your claim, be sure to indicate where it came from;
  • write down your actions in the event of refusal to satisfy the stated requirements in pre-trial order. For example, go to court to protect your rights and receive compensation for all costs and moral suffering;
  • Attach to your application all the papers with which you can substantiate your position and the stated arguments. A sales receipt, contract, warranty card or certificate of work performed are suitable. Keep the original documents for yourself, they will be useful in court. Attach only copies of them to the application. At the end of the claim, provide a list of attached papers;
  • complete the writing by indicating the date of compilation and your signature with a transcript. Without this important addition, the claim will not be accepted for consideration. By indicating the date, you set the countdown for contacting the company. This may be useful in future proceedings.

If the claim remains unanswered or is marked “denied” within the allotted time, then the injured client has a path to government agencies to protect their interests and rights. The citizen independently chooses where to apply and in what order: Rospotrebnadzor, the prosecutor's office and the court.

When drawing up a claim, indicate not only the requirements contained in the claim against the studio, but also additional ones. For example, compensation for moral damage, legal costs, lost profits, fines and penalties.

Watch the video. How to write a complaint correctly:

Statement of claim

A lawsuit is a special form of expressing a civil position. It is carried out by a citizen or organization in order to protect their interests and rights. When drawing up a statement of claim, be guided by its standardized form established in Article 131 of the Code of Civil Procedure of Russia.

This way you will avoid common mistakes and the need to rewrite the document. The rules of the Civil Procedure Code of Russia require applicants to file a claim in writing (handwritten or typed using computer technology).

Important! A well-written claim contains the following information in a structured form:

  • the full name of the judicial authority that will hear the case;
  • personal information about the plaintiff: last name, first name, patronymic, registration and place of residence, contact phone number. For legal entities: name, registration data. A statement of claim submitted through an authorized person must contain his data in the header (full name, address, etc.);
  • all available information about the defendant: last name of the owner of the company, location address, name of the organization, etc.;
  • a list of violations committed against the plaintiff by the studio, key requirements;
  • the amount of the amount charged. What does the claim price consist of? The paragraph provides calculations and all amounts;
  • a description of the situation that resulted in the trial;
  • a list of documents confirming the plaintiff’s position. They are attached to the application;
  • date of preparation and filing of the claim;
  • the applicant’s signature with a transcript confirming the correctness of the information contained in the paper.

If the power of attorney of the legal representative contains the clause “vising and filing claims with the judicial authorities,” then the authorized representative can sign the application.

ATTENTION! View the completed sample statement of claim for compensation for material damage:

Limitation periods

The general limitation period is established at the legislative level and is 3 years. It applies to almost all cases. The only exceptions will be those for which they are abbreviated in regulatory documents.

For certain types of claims, other limitation periods are provided. Freight transportation is one of the types of services that have a reduced statute of limitations. In this area, they also depend on the initiator of the proceedings. The client has the right to do this within two months, and the company representative – six.

The reduction in the duration of the period is associated with the desire of the state to encourage individuals and legal entities to resolve disputes under concluded agreements in as soon as possible. The more time passes, the more difficult it is to establish all the circumstances of the conflict situation.

To avoid missing the statute of limitations, it is important to know not only its duration, but also to determine the starting date. According to Part 1 of Art. 200 of the Civil Code of Russia, its beginning coincides with the emergence of the right to claim.

For these reasons, participants in this sphere of society must navigate the timing of the emergence of the right to claim. If you carefully study the regulations, you can find the answer to this question for some requirements.

With regard to the delivery of low-quality goods to the customer, the right to claim arises on the day when he discovered the defect or other defects. From this day on, he has the right to file a claim with the supplier, and if it is not satisfied, go to court to protect his interests.

Important! If the law does not contain direct instructions, then the statute of limitations is established in accordance with Part 1 of Art. 200 GK. On the day when a person learned or should have learned about a violation of his rights, he has the right to file a claim.

According to the laws Russian Federation, a person becomes aware of a violation at the time it is committed against him. If this happened later, then the countdown begins from the moment when the person learned or should have learned about the violation of his rights.

Question: The shoes came apart at the seams when I tried them on in the store, should I buy them?

Utekhina Natalya

Answer: Under a retail purchase and sale agreement, the seller, engaged in business activities of selling goods at retail, undertakes to transfer to the buyer goods intended for personal, family, home or other use not related to business activities. Unless otherwise provided by law or the retail purchase and sale agreement, including the terms of the forms or other standard forms to which the buyer subscribes (Article 428), the retail purchase and sale agreement is considered concluded in proper form from the moment the seller issues a cash receipt or sales receipt to the buyer or another document confirming payment for the goods (Articles 492, 493 of the Civil Code of the Russian Federation). Moreover, according to Article 501 of the Civil Code of the Russian Federation, the buyer, unless otherwise provided by the contract, becomes the owner of the goods from the moment of payment.

Thus, if during fitting the shoes come apart at the seam, i.e. turned out to be a low-quality product, you are not obliged to purchase it by concluding a retail purchase and sale agreement. And the seller in this case does not have the right to demand that you purchase it (conclude a retail purchase and sale agreement) and pay. It must be taken into account that when purchasing shoes, the stage of trying them on is one of the most important factors, according to which the consumer selects such a product and decides to purchase it before concluding a retail purchase and sale agreement with the seller.

The rules for the sale of certain types of goods, approved by Decree of the Government of the Russian Federation of January 19, 1998 No. 55, regarding the specifics of the retail sale of shoes, establish (clauses 39-46 of the Rules) that shoes must undergo pre-sale preparation before being delivered to the sales floor, which includes: unpacking, sorting and inspection of the goods; checking the quality of the goods (by external signs) and the availability of the necessary information about the product and its manufacturer; if necessary, cleaning and ironing of products and their minor repairs. Products offered for sale must be grouped by type, model, size, height and displayed on the sales floor. Taking into account the peculiarities of trade, samples of goods offered for sale can be displayed on the sales floor, for which the buyer is given the opportunity to select and purchase the goods he needs. Shoes for men, women and children should be placed separately in the sales area. Products must have labels indicating their name, article number, price, and size. The seller is obliged to provide the buyer with conditions for trying on shoes. For this purpose, trading floors should be equipped with fitting booths with mirrors, banquettes or benches, and stands. The person carrying out the sale, when releasing shoes in the presence of the buyer, checks the quality of the goods (by external inspection), the accuracy of the measure (quantity), and the correctness of the calculation of the purchase price. The shoes are delivered to the buyer in packaged form without charging any additional packaging fees. Along with the goods, the buyer is given a sales receipt, which indicates the name of the goods and the seller, the date of sale, article number, grade and price of the goods, as well as the signature of the person directly carrying out the sale.



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