Crutches are subject to exchange or return. Question: Can orthopedic shoes be returned and exchanged? Can an orthopedic pillow be returned?

Approved

Government Decree

Russian Federation

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NON-FOOD PRODUCTS OF GOOD QUALITY,

NON-REFUNDABLE OR EXCHANGE FOR A LIKE

GOODS OF OTHER SIZE, SHAPE, DIMENSION, STYLE,

COLORS OR PACKAGES

(as amended by Decrees of the Government of the Russian Federation of October 20, 1998 N 1222,

dated 06.02.2002 N 81)

1. Goods for the prevention and treatment of diseases at home (sanitary and hygiene items made of metal, rubber, textiles and other materials, medical instruments, appliances and equipment, oral hygiene products, spectacle lenses, child care items), medicines

2. Personal hygiene items (toothbrushes, combs, hair clips, hair curlers, wigs, hairpieces and other similar products)

(Clause 2 as amended by Decree of the Government of the Russian Federation of October 20, 1998 N 1222)

3. Perfumes and cosmetics

4. Textile goods (cotton, linen, silk, woolen and synthetic fabrics, goods from non-woven materials such as fabrics - ribbons, braid, lace and others); cable products (wires, cords, cables); building and finishing materials (linoleum, film, carpets, etc.) and other goods sold per meter

(clause 4 as amended by Decree of the Government of the Russian Federation of October 20, 1998 N 1222)

5. Sewing and knitwear (sewing and knitted underwear, hosiery)

6. Products and materials in contact with food, made of polymeric materials, including those for single use (dishes and tableware and kitchen utensils, containers and packaging materials for storing and transporting food products)

7. Household chemicals, pesticides and agrochemicals

(as amended by Decree of the Government of the Russian Federation of October 20, 1998 N 1222)

8. Household furniture (furniture sets and sets)

9. Products made of precious metals, with precious stones, made of precious metals with inserts of semi-precious and synthetic stones, faceted precious stones

10. Automobiles and motorcycle goods, trailers and numbered units for them; mobile means of small-scale mechanization of agricultural work; pleasure boats and other watercraft for domestic purposes

11. Technically sophisticated household goods for which warranty periods are established (household metal-cutting and woodworking machines; electrical household machines and appliances; household radio-electronic equipment; household computing and duplicating equipment; photographic and film equipment; telephone sets and facsimile equipment; electric musical instruments; toys electronic, household gas equipment and devices)

Approved by Government Decree

RULES OF SALE OF CERTAIN TYPES OF GOODS

(as amended by Decrees of the Government of the Russian Federation of 10.20.1998 N 1222, of 10.02.1999 N 1104, of 02.06.2002 N 81 (as amended on 05.23.2006), of 07.12.2003 N 421, of 02.01.2005 N 49, dated 02/08/2006 N 80, dated 12/15/2006 N 770, dated 03/27/2007 N185)

item 26. The buyer's request for an exchange or return of goods is subject to satisfaction, if the product was not in use, its presentation, consumer properties, seals, labels are preserved, and there is evidence of the purchase of the product from this seller, with the exception of goods that are not subject to exchange or return on the grounds specified in this paragraph in accordance with the list approved by the Government of the Russian Federation.

Approved by Government Decree

LIST OF NON-FOOD PRODUCTS OF GOOD QUALITY, NON-RETURNABLE OR EXCHANGE FOR A SIMILAR PRODUCT OTHER SIZE, SHAPE, DIMENSION, STYLE, COLORS OR PACKAGING

(As amended by Decrees of the Government of the Russian Federation of October 20, 1998 N 1222, of February 6, 2002 N 81)

Goods for the prevention and treatment of diseases at home (sanitary and hygiene items made of metal, rubber, textiles and other materials, medical instruments, devices and equipment, oral hygiene products, spectacle lenses, child care items), medicines (in (ed. Decree of the Government of the Russian Federation of October 20, 1998 N 1222)
Personal hygiene items (toothbrushes, combs, hairpins, hair curlers, wigs, hairpieces and other similar products)
Perfumes and cosmetics
Textile goods (cotton, linen, silk, woolen and synthetic fabrics, goods from non-woven materials such as fabrics - ribbons, braid, lace and others); cable products (wires, cords, cables); construction and finishing materials (linoleum, film, carpets, etc.) and other goods sold per meter
Sewing and knitwear (sewing and knitted underwear, hosiery)
Products and materials in contact with food, made of polymeric materials, including those for single use (tableware and tableware and kitchen utensils, containers and packaging materials for storing and transporting food products)
Household chemicals, pesticides and agrochemicals
Household furniture (furniture sets and sets)
Products made of precious metals, with precious stones, made of precious metals with inserts of semi-precious and synthetic stones, faceted precious stones
Automobiles and motorcycle goods, trailers and numbered units for them; mobile means of small-scale mechanization of agricultural work; pleasure boats and other watercraft for domestic use
Technically complex household goods for which warranty periods are established (household metal-cutting and woodworking machines; household electrical machines and appliances; household radio-electronic equipment; household computing and duplicating equipment; photographic and film equipment; telephone sets and fax equipment; electric musical instruments; household gas equipment and devices) (as amended by Decrees of the Government of the Russian Federation of 10.20.1998 N 1222, of 02.06.2002 N 81)
Civil weapons, the main parts of civil and service firearms, cartridges for them (clause 12 was introduced by Decree of the Government of the Russian Federation of October 20, 1998 N 1222)
Animals and plants
Non-periodical publications (books, brochures, albums, cartographic and musical publications, sheet art publications, calendars, booklets, publications reproduced on technical media) (clause 14 was introduced by Decree of the Government of the Russian Federation of 06.02.

To return funds to a bank card, you must fill out the "Application for the return of funds", which is sent at the request of the company to the email address and send it along with a copy of the passport to the address: or Refunds will be made to the bank card (or current account) within 21 (twenty one) working days from the date of receipt of the "Application for a refund" by the company. To return funds for operations carried out with errors, you must apply with a written application and attach a copy of your passport and checks / receipts confirming the erroneous write-off. This application must be sent to: or The amount of the refund will be equal to the amount of the purchase.

Return of the bandage to the pharmacy

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Can I return an orthopedic pillow (goods without VAT)? Bought two days ago, inconvenient to use. return of goods to the pharmacy Hide Victoria Dymova Support worker Pravoved.ru Similar questions have already been discussed, try looking here:

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Can an orthopedic pillow purchased at a pharmacy be returned?

Lawyers Answers (6)

All services of lawyers in Moscow Refund for services of inadequate quality Moscow from 5000 rubles. Claim work with suppliers Moscow from 4833 rubles.

Exchange and return of purchases

Decrees of the Government of the Russian Federation of October 20, 1998 N 1222, of February 6, 2002 N 81) Most orthopedic products are not subject to exchange and return, because they belong to medical devices, moreover, this is a wearable product for individual use.

Goods for the prevention and treatment of diseases at home (sanitary and hygiene items made of metal, rubber, textiles and other materials, medical instruments, devices and equipment, oral hygiene products, spectacle lenses, child care items), medicines (in (ed. Decree of the Government of the Russian Federation of October 20, 1998 N 1222)
Sewing and knitwear (sewing and knitted underwear, hosiery)

Can an orthopedic pillow be returned?

A woman contacted the Consumer Rights Protection Commission with a question, the Buyer insisted that the insoles are returnable, but the seller refused to satisfy her request, arguing that the insoles are personal items and cannot be exchanged. Indeed, the issue is debatable, and in order to resolve it, an explanation of the merchandiser of industrial goods is required. Let's use them.

Return of damaged insoles

To begin with, any product that has a manufacturing defect must be returned to the store, and the buyer of his choice must be offered:

Refund of money paid upon purchase;
Replacement of goods with a quality product, similar in cost, purpose and properties.

If the defect is minor, then a commensurate markdown of the sold goods or repair of the product at the expense of the seller is still possible. Therefore, any insoles can be returned if a defect is found in them, which occurred through no fault of the buyer.

Return of insoles that do not fit in size or style

Let's focus a little on where the insoles were bought and what their purpose is. If we are talking about orthopedic insoles purchased at a pharmacy, then we will consider the issue of their exchange later. And now back to our insoles made from:

Cardboard with a textile sticker;
natural sheepskin;
faux fur;
Felt natural or artificial.

The purpose of these insoles is to insulate shoes and make them more comfortable to use.

As a customer, you can for replacement within 14 days if they did not fit in style, size, model. The insoles must be in a salable condition, without signs of use, with the accompanying documentation (receipt, warranty card, user manual, if attached) and packaging saved. In this case, according to the intended purpose, the insoles do not belong to personal hygiene items, and not to the linen group, but to shoe products (more precisely, the insole is a part intended for completing shoes). Since high-quality shoes are subject to exchange, therefore, components are also subject to exchange. Let us clarify that you can demand money only if at the time of contacting the store there was no similar product on sale.

Return of orthopedic insoles

And now back to the orthopedic insole. Since this is a medical device, insole return in this case is not possible. (clause 1 of Government Decree No. 55).

Our next topic is how. You are interested?

If in 2019 you wondered whether it is possible to return the insole back to the seller after purchase (to the store or to an individual) and receive money, read the article and find out in which cases it is possible to return the insole and how to do it.

Important!

Please pay attention to the following:

this article discusses the possibility of returning only a new product (insoles) that was purchased in an offline store (from an official representative, in a commercial organization or from an individual entrepreneur), if the product was purchased in an online store, then read;
an insole of inadequate quality (with marriage), if the breakdown was not your fault, you can almost always return it within 10 years from the date of purchase;
The warranty period for shoes begins to run from the date of occurrence.

So, you have purchased, but now you want to return the insole and it became necessary to return it. Now you need to decide on the following.

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The insole you bought was of poor quality for a variety of reasons, for example:

factory defect of the insole (breakage as a result of a factory defect, poorly working product);
coating marriage - the paint burst or cracked, there was a scratch;
individual parts and elements are faulty;
defects of a different nature that do not allow the use of the goods to the extent necessary, etc.

The purchased insole is in good condition, but you did not like it for any characteristics, for example:

did not like the color of the insole, its shape or dimensions;
not satisfied with its design or the design of individual elements;
its size, color or equipment did not fit, etc.

More 90% website visitors were satisfied with the answers. Free legal advice on the return of goods! You are free to opt out at any time!

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The following circumstances are of fundamental importance when returning an insole:

Is there a guarantee for the insole?
if the warranty period is set, whether it has ended;
whether the service life of the insole is set;
If a lifetime is set, whether it has expired.

Returning defective insoles within the warranty period

Important!

The type of defect and its significance in this case does not matter - you have the right to return the insole with any defects that have arisen through no fault of yours, if the warranty period has not yet expired.

The return period for the insole in this case is within the warranty period | .

Money back period

The refund period for an insole of inadequate quality, for which the warranty period has not expired - 10 days from the date of the claim | .

seller- organizations, regardless of its organizational and legal form, as well as an individual entrepreneur selling goods to consumers under a sales contract | ;
- persons authorized by the manufacturer (seller) to accept and satisfy consumer requirements for goods of inadequate quality | .

general passport ();
insole purchase and sale agreement (if any);
sales or cashier's check, cashless payment check, other document certifying the fact and conditions of purchase.

Important!

The absence of a cash or sales receipt or other document certifying the fact and conditions of purchase of the insole in this case is not a basis for refusing to satisfy claims for a refund | .

if a warranty period is established for the insole, the seller (authorized person) is responsible for the defects of the insole, unless he proves that they have arisen:

after the transfer of the insole to the consumer;
due to violation by the consumer of the rules for the use, storage or transportation of goods, actions of third parties or force majeure.

Thus, the circumstances of the occurrence of deficiencies proves the seller (authorized person) | .

In most cases, in order to return the insole back to the seller (authorized person), only your verbal request is required. Many sellers are customer-oriented enough to check the obvious defective goods on the spot and immediately return your money.

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If it doesn't, go to Step 2.

Algorithm of actions in the case when the seller (authorized person) does not agree to an indisputable refund

Step 3 | Examination of the insole

If, after checking the quality of the goods, the seller (authorized person) believes that the consumer is the cause of the insole defects, then he (the seller) is obliged to conduct an examination of the insole. Detailed information about the examination can be found on our website.

The term for the examination is 10 days from the date of presentation of the request.
The examination is carried out at the expense of the seller (another authorized person).
The consumer has the right to be present during the examination.

If the consumer disagrees with the conclusion of the examination, he has the right to challenge it in court.

Important!

if, as a result of the examination of the goods, it is established that its defects arose due to circumstances for which the seller (authorized person) is not responsible, the consumer is obliged to reimburse him for the costs of conducting the examination, as well as the costs of storage and transportation of the goods associated with it | .

Step 4 | Going to court

Step 6 | Receiving the money

refund period - 10 days from the date of the claim | ;
when returning the paid amount to the buyer, the seller (authorized person) is not entitled to withhold from it the amount by which the cost of the goods has decreased due to the full or partial use of the goods, the loss of their presentation or similar circumstances | ;
the buyer has the right to demand compensation for the difference between the price of the insole at the time of purchase and the price at the time of return | ;
if the insole was purchased at the expense of a consumer credit (loan), the seller is obliged to return the paid amount of money to the consumer, as well as reimburse the interest and other payments paid by the consumer under the consumer credit (loan) agreement | .

Step 7 | Return of defective insoles

In case of refusal to fulfill the contract for the sale of the insole, the seller (authorized person) has the right to demand that you return the defective insole if it was not provided earlier.

The cost of returning the insole is borne by the seller (authorized person) | .

Return of an insole with a defect after the expiration of the warranty period (including when the warranty has not been established), but within 2 years from the date of purchase

You can return the insole even if the warranty period has already expired or has not been established.

If you find any deficiencies, you have the right to:

refuse to fulfill the contract of sale and demand the return of the amount paid for the insole | ;
demand compensation for the difference between the price of the insole set by the contract and the price of the relevant product at the time the claim was satisfied | ;
demand full compensation for damages caused by the sale of insoles of inadequate quality | .

Important!

The type of defect and its significance in this case does not matter - you have the right to return the insole with any defects that arose before the transfer of the goods to the consumer or for reasons that arose before that moment.

The period during which you can return the goods

The term for returning the insole in this case is 2 years from the date of transfer | .

Money back period

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The refund period for an insole of inadequate quality, for which the warranty period has expired (or if the warranty has not been established) - 10 days from the date of the claim | .

Who can claim

The demand to refuse to perform the contract and return the amount paid can be presented:

seller- organizations, regardless of its organizational and legal form, as well as an individual entrepreneur selling goods to consumers under a sales contract - clause 2 of Art. 18 POZPP;
authorized organization or authorized individual entrepreneur- persons authorized by the manufacturer (seller) to accept and satisfy the requirements of consumers in relation to goods of inadequate quality - p. 2 tbsp. 18 POZPP.

In addition, you can return the insole of inadequate quality and demand a refund of the amount paid from:

Documents to bring with you when making a claim

Who proves the circumstances of the occurrence of deficiencies

The burden of proof lies with the consumer, he himself must prove that the insole defects arose before it was handed over to the consumer or for reasons that arose before that moment | and .

Algorithm of actions in the case when the seller (authorized person) agrees to an indisputable refund

Step 1 | negotiations with the seller (authorized person)

First of all, it is advisable to contact the store where you purchased the insole or any other official representative with an explanation of the reason for the marriage and an offer to return the money.

Not very often, but it happens that the seller (authorized person) in this case agrees to return the money even after a verbal request.

Step 2 | Filing a claim (application) for cancellation of the sales contract and refund of the amount paid

Step 3 | Return of defective insoles

If you refuse to fulfill the contract for the sale of the insole, the seller (authorized person) has the right to demand that you return the defective insole.

The cost of returning the insole is borne by the seller (authorized person) | .

Step 4 | Receiving money for low-quality insole

When receiving money, the following should be considered:

refund period - 10 days from the date of the claim | ;
when returning the paid amount to the buyer, the seller (authorized person) is not entitled to withhold from it the amount by which the cost of the goods has decreased due to the full or partial use of the goods, the loss of their presentation or similar circumstances | ;
the buyer has the right to demand compensation for the difference between the price of the insole at the time of purchase and the price at the time of return | ;
if the insole was purchased at the expense of a consumer credit (loan), the seller is obliged to return the paid amount of money to the consumer, as well as reimburse the interest and other payments paid by the consumer under the consumer credit (loan) agreement | .

The algorithm of actions in the case when the store does not agree to an indisputable refund

Step 1 | Filing a claim (application) for cancellation of the sales contract and refund of the amount paid

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If the seller (authorized person) does not agree to return the money, it is necessary to write and submit a claim to the seller (authorized person). The claim must be legally correct.

Step 2 | Checking the quality of the insole

seller (authorized person) entitled check the quality of the insole. Quality control is carried out according to the rules set out in, in which you will find more detailed information.

The deadline for the quality control is 10 days from the date of the request.
Quality control is carried out at the expense of the seller (other authorized person).
The consumer has the right to participate in the quality control of the insole.

if the seller (authorized person) does not want to carry out a quality check, go to Step 3.

Step 3 | Examination of the insole

If the seller (authorized person) believes that the consumer is the cause of the insole defects, then the consumer is obliged to conduct an examination of the insole in order to establish that the insole defects arose before it was transferred to the consumer or for reasons that arose before that moment | .

Important!

If the examination establishes that the defects of the insole arose before it was handed over to the consumer or for reasons that arose before that moment, the authorized person is obliged to return the money paid for the examination | .

Detailed information about the examination can be found on our website.

Step 4 | Going to court

If the seller (authorized person) did not satisfy your requirements in a pre-trial order, you must go to court. Appeal to the court requires legal qualifications, therefore, to conduct a case in court, we advise you to contact professionals.

Step 5 | Enforcement of a court decision

If the seller (authorized person) does not wish to voluntarily comply with the court decision, you have the right to:

apply to the federal bailiff service of the Russian Federation, which is entrusted with the functions of enforcement of judicial acts;
send the executive document to the bank where the seller (authorized person) has an account.

Step 6 | Return of defective insoles

If you refuse to fulfill the contract for the sale of the insole, the seller (authorized person) has the right to demand that you return the defective insole.

The cost of returning the insole is borne by the seller (authorized person) | .

Step 7 | Receiving the money

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When receiving money out of court, the following should be considered:

refund period - 10 days from the date of the claim | ;
when returning the paid amount to the buyer, the seller (authorized person) is not entitled to withhold from it the amount by which the cost of the goods has decreased due to the full or partial use of the goods, the loss of their presentation or similar circumstances | ;
the buyer has the right to demand compensation for the difference between the price of the insole at the time of purchase and the price at the time of return | ;
if the insole was purchased at the expense of a consumer credit (loan), the seller is obliged to return the paid amount of money to the consumer, as well as reimburse the interest and other payments paid by the consumer under the consumer credit (loan) agreement | .

In the event of a refund of the amount paid for the insole in court:

the amount of the penalty is established in the court decision;
the term and procedure for the return is regulated by the legislation on enforcement proceedings.

Return of the insole after 2 years from the date of purchase

You can return the insole after 2 years from the date of purchase, subject to the following conditions.

The period during which you can return the goods

The term for returning the insole in this case | :

during the service life established on an insole;
within 10 years from the date of transfer of the goods - If the service life is not established.

Money back period

The refund period for an insole of inadequate quality after 2 years from the date of purchase - 10 days from the date of the claim | .

Who can claim

You can apply for a refund:

manufacturer- manufacturer of goods for sale to consumers | ;
authorized organization or authorized individual entrepreneur- persons authorized by the manufacturer (seller) to accept and satisfy the requirements of consumers in relation to goods of inadequate quality | ;
importer- an organization that imports goods for their subsequent sale on the territory of the Russian Federation | .

Documents to bring with you when making a claim

Who proves the circumstances of the occurrence of deficiencies

The burden of proof lies with the consumer, he himself must prove that the insole defects arose before it was handed over to the consumer, or for reasons that arose before that moment | .

Algorithm of actions in the case when the authorized person agrees to the Refund

Step 1 | Negotiations with an authorized person

First of all, it is advisable to contact an authorized person with an explanation of the reason for the marriage and a proposal to repair the goods.

Not very often, but it happens that the authorized person agrees to return the money even after the repair request.

Step 2 | Filing a claim (application) to an authorized person for the free elimination of defects in the insole

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After the occurrence of the circumstances specified in Step 2, it is necessary to write and submit to the seller (authorized person) a claim for the return of the amount paid. The claim must be legally correct.

Step 4 | Return of defective insoles

When claiming a refund of the amount paid, you must return the insole.

Step 5 | Receiving money for low-quality insole

When receiving money, the following should be considered:

refund period - 10 days from the date of the claim | ;
when returning the paid amount to the buyer, the seller (authorized person) is not entitled to withhold from it the amount by which the cost of the goods has decreased due to the full or partial use of the goods, the loss of their presentation or similar circumstances | ;
the buyer has the right to demand compensation for the difference between the price of the insole at the time of purchase and the price at the time of return | ;
if the insole was purchased at the expense of a consumer credit (loan), the seller is obliged to return the paid amount of money to the consumer, as well as reimburse the interest and other payments paid by the consumer under the consumer credit (loan) agreement | .

Algorithm of actions in the case when the authorized person does not agree to the Refund

Step 1 | Filing a claim (application) to an authorized person for the free elimination of defects in the insole

Step 2 | Examination of the insole

If the authorized person believes that the consumer is the cause of the defects of the insole, then the consumer is obliged to conduct an examination of the insole in order to establish that the defects of the insole arose before its transfer to the consumer or for reasons that arose before that moment.

Step 3 | Handling a claim (application) for the return of the amount paid

Step 4 | Going to court