When purchasing a product or service, each buyer must know that he has the right to refuse the purchase and receive a refund of the paid amount of money or exchange for a similar product.

This can be done on the same day or after 14 days after the date of purchase, if the product has defects, it did not fit for some reason and the buyer changed his mind.

Rights to exchange or return Money buyer are regulated by the Civil Code No. 14-FZ (Article 502) of 01.26.1996 and Law No. 2300-1 of 07.02. 1992 (Article 25) and the seller must satisfy the consumer's claims, return the money within 3 calendar days or make an exchange for a similar product within 7 days.

In what cases is it legal to talk about the return of products:

1. The product was found to be of poor quality, that is, it contains defects that do not allow it to be used normally
2. The purchased non-food product did not suit the consumer in terms of color, style, size, shape, model, and other parameters. Such a product is returned, provided that it was not in use (remaining
   ombs and labels), has retained its presentation and with the provision of a receipt (commodity or cash) confirming payment.
3. When purchasing, information on the purchased product was not provided (in whole or in part) or distorted by the seller, which influenced the decision of the consumer. Or, in the process of use, defects of the goods appeared due to the lack of reliable information, for example, about the properties, characteristics or rules for operating the product (Law No. 2300-1 article 12).

Even if the buyer did not keep a receipt or other supporting document for the purchase, this does not deprive him of the right to compensation, he has the right to resort to witness testimony.

However, the list of goods is approved which (if they good quality) is not allowed to be exchanged for a similar product and returned in accordance with Decree No. 55 of 01/19/1998, these include:

• Medications and products related to personal hygiene
• Cosmetic products and perfumery
• Household furniture
• Jewelry
• Automobiles and bicycles
• Plants and animals
• Household chemicals
• civilian weapons
• Non-periodicals
• Underwear and hosiery

The rights of buyers when purchasing goods of poor quality

If the product turned out to be defective, then the consumer can choose one of the compensation options (according to Art. 18 of Law No. 2300-1 on the protection of rights):

• Replace the product with the same identical model
• Exchange for a product of another model with recalculation of the cost
• Request a reduction in purchase price
• Require the seller to correct defects or reimburse the cost of eliminating defects by the buyer himself
• Get a refund with the condition of returning a defective product

You can also demand compensation for losses incurred as a result of purchasing products of inadequate quality and compensation for transportation costs (in the case of a large purchase).

As a rule, when contacting a store with a verbal request for the return of poor-quality products, the seller immediately resolves this issue.

But in case of refusal, it is necessary to prepare a claim for a refund in writing, which should be considered no more than 10 days, and if the requirements are not satisfied, you should contact the consumer protection department and then go to court.

A claim for a refund is drawn up in an arbitrary form in two copies (the seller’s mark on receipt is made on the copy of the buyer) and it is desirable to include the following information:

• The legal name (or IP data) of the seller and the name of the manager are indicated
• Date, place and time of purchase and characteristics of the goods
• Reason for the return with a description of the identified deficiencies
• Mention the obligation of the seller, if necessary, to conduct an examination
• Attach available documents that confirm the purchase of products
• If the product has large dimensions, indicate the costs of delivery and return of the product, which must be reimbursed by the seller
• Full name, signature of the applicant and date of preparation of the document (passport is presented).

If the goods were purchased by bank transfer, then the seller must also return the money to the buyer’s bank card, the details of which must be indicated in the application. In the case of payment for the purchase in cash, the amount is returned at the request of the consumer - in non-cash or cash form.

No one is insured against buying a low-quality item, so the positive aspect is the protection of rights at the legislative level. Knowing the norms of the Law and your rights, you can easily defend consumer interests and protect yourself from unscrupulous sellers and manufacturers.

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If the product does not suit the buyer, he has the right to exchange or return it to the store within 14 days, not counting the day of purchase. And almost all buyers are well aware of this - the law protects them very well in such a situation. But in the nuances of documenting return of goods store visitors do not need to understand - this is the concern of sellers. And to answer, if something is wrong, also to them. In our article, we will tell how to get a refund from a buyer, in all the details that entrepreneurs in the field of retail and distance selling, as well as cashiers and sellers need to know.

You will need to fill out several documents: for example, TORG-12 and KM-3. And the buyer can ask you for a return application form. All the necessary samples and blank forms are available in My Warehouse: they can be printed or filled out online. and try it now: it's free!

The right of the buyer to return the goods is regulated by two Russian laws: "On the protection of consumer rights" (Article 25) and Civil Code(Article 502). Few people know that in these documents, first of all, it is not about the return, but about the exchange of goods for one that would suit the buyer. Only in the event that the store does not have a similar product of a different color, style, size or configuration, the seller is obliged to return the money. At the same time, by mutual agreement, the exchange can be provided later, when a suitable product appears on sale. If such an agreement is reached, the seller must immediately inform the buyer of the availability of a suitable product.

However, practice shows that most often sellers return money for goods, and the buyer himself expects this. The money must be returned within three calendar days. The buyer is refunded an amount equal to the price of the goods on the day of sale.

There is another nuance in the conditions of return, which few people know about. The buyer is not required to present a receipt for the goods, he can prove the purchase by witness testimony (Article 493 of the Civil Code of the Russian Federation). True, in this case, the case may go to court.

The rest of the return conditions are more or less known to everyone. The purchase that was brought back to the store must have its presentation and consumer properties, the thing must be new and never used, have seals and factory labels.

Documents for the return of goods from the buyer

And now about the main subtleties. The procedure for returning goods from the buyer differs depending on when the item is returned to the store - on the day of purchase, that is, before the closing of the cash register, or on another day. Let's consider both cases.

Refund to the buyer on the day of purchase

If the visitor who bought the product from you changed his mind immediately after that, then the refund procedure is as follows. The buyer presents a cash or sales receipt, or other document confirming payment. In the event that the receipts are not preserved, he, as mentioned above, can refer to witness statements confirming the fact of the purchase.

How to issue a return of goods from the buyer in this case? It is necessary to fill out an invoice, for example, in the form TORG-13. In this case, in the column "Sender" the data of the buyer are indicated, and in the column "Recipient" - the data of the seller organization. The document is drawn up in two copies. It is signed by the seller and the buyer. For the seller, the invoice is the basis for corrective entries, and for the buyer - for a refund (or for the exchange of goods for a similar one, if an exchange is made). You can download the TORG-13 form for free on our website.

The money must be paid to the buyer from the same operating cash desk in which the check for the purchase of the returned goods was punched. Moreover, you need to give them before the shift is closed and the Z-report is taken. When closing the shift, you will need to draw up an act on the return of funds in the unified form KM-3. On our website you can download the form and a sample of filling out the KM-3 act for free.

The amount that was paid to the buyer, the cashier at the end of the shift indicates in the journal of the cashier-operator. It must also be reflected in the certificate-report of the cashier-operator. If there are several cashiers, then the senior cashier must, along with other data, indicate the amount of returns to customers in a summary report for all cash desks.

So, once again about the documents for the return of goods from the buyer on the day of purchase. The client brings a check, the seller draws up an invoice for the returned goods, for example, in the form of TORG-13, and an act KM-3.

Refunds to the buyer not on the day of purchase

Such situations happen more often. After all, the fact that the product does not fit, the buyer, as a rule, is already convinced when he returns home, when he will properly examine and check it.

What are the rules for returning money to the buyer in this case?

He must write an application for a refund. The application form is arbitrary, but it must indicate the full name of the buyer, the name of the goods in accordance with his passport or document confirming the payment for the goods, the reason for which the goods are returned, as well as the requirement to replace the purchase or return the money for it. The application form and sample for the return of goods can be downloaded on our website.

In addition, the buyer presents a check and a passport.

Just as in the first case, it is necessary to draw up an invoice, which is signed by both the seller and the client.

Refunds to the buyer must be made within three days after the request.

Please note: if you have several cash desks, then the money in this case should be returned not from the operating room, but from the main cash desk of the organization. At the same time, it is not necessary to draw up an act KM-3 on the return of money - the money is issued according to a cash order on the basis of the buyer's passport. After that, the cashier fixes cash register in cash book. The form of an expense order can also be downloaded free of charge on our website, instructions for filling it out are also published there.

Once again, we list the documents for the return of goods from the buyer not on the day of purchase. The client requires a check, passport and application. The seller fills out an invoice for the returned goods, for example, in the TORG-13 form, signs it with the buyer and issues money according to a cash order.

Refund to the buyer from the cash desk and by bank transfer

Nowadays, when more and more people pay for purchases using bank cards or split payment into cash and non-cash, the seller will certainly face the question of how to return the money if the visitor brings the goods back.

Here the rules are as follows. If the purchase was paid in cash, then the money can be returned to the buyer both from the cashier and from the current account. In the latter case, a statement is required from the client stating that he is asking for a refund to the buyer on a bank card. In the application, he must indicate the details of his account.

Refund to the buyer non-cash payment becomes mandatory if the purchase itself was paid by card. Money must be returned only to the card. This is stated in clause 3 of the Official Clarification of the Central Bank of the Russian Federation dated September 28, 2009 No. 34-OR: “The seller ... is not entitled to spend the cash received at his cash desk to pay the buyer for the returned goods purchased earlier in a cashless manner.”

It is much easier to issue returns of goods using the automated workplace of the cashier of the MySklad service. Easy search by amount, date, cashier and position, automatic recalculation of revenue. Return of money to the buyer by bank transfer and cash, as well as with mixed payment. If the item is returned after payment bank card or partially in cash, the system sets a limit on refundable funds for cash and non-cash payments, which allows you to conduct transactions in accordance with the law and at the same time significantly save the seller's time.

If the trade takes place remotely, and it is this concept that can characterize the work of online stores, then the rules for returning goods and money for goods are different. They are described in the 26th article of the Consumer Protection Law. Information on the procedure and terms for returning the goods must be provided to the buyer in writing at the time of delivery. Written instructions must include the following items:

• the address where you can return the goods,
• operating hours of the seller company,
• maximum return period,
• a warning that the goods must have a marketable appearance and consumer properties, as well as documents that confirm the conclusion sales contracts,
• term and procedure for the return of money for the goods.

At the same time, at any time before the transfer, the consumer has the right to refuse the goods, and after it has taken place - within 7 days, even without explaining the reason. This period is extended to 3 months if, when transferring the goods, the buyer was not provided with information on the procedure and terms of return.

Return of goods is possible while maintaining the presentation of the purchase and its consumer properties. The buyer can present a document that proves the fact of the purchase, but in the absence of it, the buyer should be able to refer to other evidence of the purchase (probably also testimonies).

The seller has the right to deduct the cost of shipping the goods from the amount returned. The maximum refund period for the buyer is 10 days from the date of the claim.

The buyer can get his money back not only in cash or on a card, but also on an Internet wallet, QIWI wallet or postal order. To do this, he must write an appropriate application for a refund to the buyer by bank transfer, indicating the details.

Of course, incorrect registration of the return of goods is fraught with sanctions. Such cases are considered as non-compliance with the procedure for working with cash, this is Article 15.1 of the Code of Administrative Offenses of the Russian Federation. In this case, the fine for officials will be from 4,000 to 5,000 rubles, and for an organization - ten times more, from 40,000 to 50,000 rubles.

Items prohibited for return and exchange are listed in the Rules of Sale certain types goods and in the List of non-food products approved by Decree of the Government of the Russian Federation of January 19, 1998 No. 55. These are:

1. goods for the prevention and treatment of diseases at home (sanitary and hygiene items made of metal, rubber, textiles and other materials, medical tools, instruments 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);
3. perfumery and cosmetic products;
4. textile goods (cotton, linen, silk, woolen and synthetic fabrics, goods from nonwovens type of fabrics - ribbons, braid, lace, etc.);
5. cable products (wires, cords, cables);
6. construction and finishing materials; (linoleum, film, carpeting and others) and other goods sold per meter;
7. garments and knitwear (sewing and knitted underwear, hosiery);
8. articles and materials in contact with food polymer materials, including for single use (dishes and tableware and kitchen utensils, containers and packaging materials for storage and transportation of food products);
9. household chemicals, pesticides and agrochemicals;
10. household furniture (furniture sets and sets);
11. jewelry and other products made of precious metals and (or) precious stones, cut precious stones;
12. automobiles and motorbike goods, trailers and numbered units for them; mobile means of small-scale mechanization of agricultural work; pleasure craft and other watercraft for domestic use;
13. technically sophisticated household goods, for which warranty periods are established (household metal-cutting and woodworking machines; electrical household machines and appliances; household electronic equipment; household computing and copying technique; photo and film equipment; telephone sets and facsimile equipment; electromusical instruments; electronic toys, household gas equipment and devices);
14. civilian weapons, main parts of civil and service firearms, cartridges for them;
15. animals and plants;
16. non-periodical publications (books, brochures, albums, cartographic and musical publications, sheet publications, calendars, booklets, publications reproduced on technical media).

Note that this list does not apply to distance selling, including online stores. The only thing that cannot be returned to such a store is a custom-made product if it is in good condition.

Refund to the card when returning the goods: procedure

The general algorithm of the buyer's actions when returning the money paid by using a payment card for the goods returned to the store is as follows:

• Writing an application for a refund on a card with an application cash receipt, indicating the purchase of goods in this particular point of sale. In such a statement, the surname, name, patronymic of the buyer, the amount to be returned, and the grounds are indicated. The application must also be accompanied by a copy of the applicant's passport.
• Transfer of the named documents to the seller or other responsible person from the store. At the same time, the buyer presents his payment card for verification.

After that, you should expect a refund to the card. In the described situation, the buyer’s counterparty is the store, and it is he who is responsible for violating the statutory 10 days for the return of funds to the buyer (Article 22 of the Law of the Russian Federation “On Protection of Consumer Rights” dated February 7, 1992 No. 2300-1). At the same time, the duration of the period allotted for the reverse transfer of funds to the buyer depends not only on the actions of the store employee, but also on the speed of operations of the servicing payment systems and the bank, therefore, the named period is often not respected. If the violation of the deadlines established by law is due to the slowness of the bank, and not the store, then the latter may demand compensation for losses from the credit institution (by way of recourse, after the payment of a penalty to the consumer).

Return of goods paid for with a bank card: legal framework

In order to accept bank cards for payment, an organization signs an acquiring agreement with a credit institution, which regulates, among other things, the rules for the return of money (clause 1.8 of the Regulations of the Central Bank of the Russian Federation of December 24, 2004 No. 266-P).

At the same time, the sale of goods by bank transfer using bank cards (debit, credit) is regulated by the provisions of the Federal Law “On the use of cash registers ...” dated May 22, 2003 No. 54-FZ.

After making the payment, the buyer is returned his card and issued a document on transactions using it (slip), containing the required details, signed by the holder of the payment card and the cashier (see letter of the Ministry of Finance of Russia dated 10.12.2010 No. 03-01-15 / 9-255) . Also, the buyer is issued a check printed on paper from the cash register (see letter of the Federal Tax Service of the Russian Federation of 06.05.2013 No. AC-4-2 / ​​8265).

Money is returned to the buyer's plastic card in a non-cash way on the basis of a return receipt. In this case, it is mandatory to present:

• KKT check;
• the plastic card itself (letter of the Federal Tax Service for Moscow dated September 15, 2008 No. 22-12/087134).

When returning a product:

• on the date of purchase - the transaction for payment from the card is simply canceled;
• not on the date of acquisition - transactions for the return of funds are made in accordance with the provisions of the acquiring agreement.

So, a refund to the card for the returned goods must be made within 10 days from the moment the store receives the application from the buyer and in non-cash form– if payment for the goods was made using a payment card.

Situations where the purchased products or services turn out to be of poor quality or the seller does not fulfill these promises for the timely delivery of the purchased are very common.

In all cases, the buyer is protected by law and can return his money back if he makes claims in a timely manner and formulates his requirements correctly.

Refund is standard procedure in case of non-fulfilled obligations by the supplier. But when returning goods of inadequate quality, it is not always possible to return the funds spent. But in both cases, it is the responsibility of the consumer to collect finances.

The rights of consumers making transactions for the purchase of goods or services are protected by Law No. 2300-1 of February 07, 1992. This document governs the legal relationship between the parties to the sale. Based on it, the buyer can:

1. Exchange products of good quality within 14 days if they do not fit in color, texture, size or other characteristics. Provided that the products are not included in the special list of non-returnable goods.
2. Count on free repair or replacement of the purchased product if the product could break down or if defects are found in it.
3. Get back the spent funds in full or in part.

Refunds are most convenient for the client and absolutely not attractive for the seller. And although the store does not have the right to dictate the final conditions, but not all cases allow you to count on getting money back. Eat established order conflict resolution, which may imply that the return of funds is the only or one of the possible measures to resolve the issue.

Service not rendered

Consumers choose a service provider often based on advertising, price, and other categories. Since the number of firms is constantly growing, it is quite difficult for a buyer to navigate this market, so the risks of choosing an unscrupulous service provider are quite high.

When agreeing on the supply of a service, the buyer in most cases makes a full or partial prepayment. And when the organization does not realize the task, the person has legal right get your money back. Two documents can guarantee such a return:

1. Consumer Protection Act, which provides for this possibility.
2. The contract signed by the parties at the conclusion of the transaction.

The Service Agreement is the primary document for the buyer. This is what you should be referring to when filing a claim. First, it must contain specific delivery dates. If there are none, then it will be extremely difficult to prove the delay in the implementation of the agreement. Secondly, it is advisable to inquire about the guarantees given by the seller before signing. If the document refers to the timing of the return for late delivery or even the charging of a penalty, then it is very likely that unpleasant incidents can be avoided. The supplier can also prove that he could not sell the service due to the absence or illness of the buyer himself.

If the fact of failure to provide the service on time is proved, the supplier is obliged to return the previously paid amount in full, and sometimes pay other material and moral damages.

Defective goods

Purchasing defective goods allows the buyer to return them to the seller. Article 18 of the POZPP stipulates that a consumer who finds defects in a purchased product has several options for solving this problem:

1. Replace the product with a similar one.
2. Exchange the defective purchase for another product of the same or higher price, paying the difference.
3. Request a cost reduction.
4. Submit your product for free repair.
5. Present a receipt for payment for self-made repairs and demand compensation.

Also, a person has the right to ask for a full refund of the amount paid for the goods. Please note that requirements must be submitted in deadlines. Typically, these periods are determined by the duration of the warranty. If there is none, then claims are possible within two years, which are determined by the Law on the RFP.

Filing a claim

In rare cases conflict situations between the buyer and the seller are resolved quickly and painlessly. Often, stores are in no hurry to return the money, but offer other ways to resolve the conflict, for example, repair or replacement. But we should not forget that the choice of the settlement option remains with the consumer, and the second party has no right to influence it.

Properly built tactics will help defend your claims, which begins with filing a claim. Some stores go to meet their customers and not only tell them the right way to behave, but also provide forms to write it down. But in most cases, the preparation of the application falls entirely on the injured party. The applicant must not only correctly write the claim, but also correctly hand it over in order to be able to prove the fact of filing.

Form and content

Making an application for a refund, at first glance, is not difficult. But still, you should take into account a lot of small nuances that can play a decisive role in obtaining the final result.

The text of the application is drawn up according to the following rules:

1. Data about the store-seller of goods or service provider.
2. Information about the applicant. Full name, address, phone numbers required. You can enter your passport information.
3. The date the product was purchased. If you have a check, make a link to it. You can also enter the name of the seller.
4. Details of the defect detection - how it manifests itself, when it was fixed.
5. Reference to article 18 of the LOA as the basis for reimbursement.
6. Claims for a refund, specifying the exact amount.
7. A list of attached documents proving the fact of purchase, and possibly the presence of detected defects.
8. Applicant's signature.
9. The date the claim was filed.

The claim form is not established by legislative acts, which allows you not to follow strict rules when compiling it. There are no special templates and unified forms for it. It is better to use an example to make an application. A sample document can be viewed below.

Application procedure

There are two possible ways to file a claim with the store:

1. By submitting an application in person.
2. By mailing the form.

Each of the points has its pros and cons. When a marriage is found, it is logical and easier to come to the store on your own. To do this, be sure to bring the product itself and an identity card. A claim for this form of transfer is made in two identical copies. One sheet is transferred to the seller, and the second remains with the buyer. But on his copy, a person must receive a signature from a store representative that the form has been accepted for consideration. Together with the signature, the seller is obliged to put down the date, which will be the starting point for the final verdict. This is a good way for everyone if the store does not refuse to accept the application.

Upon receipt of a categorical refusal to take a claim from the hands of the applicant, the person must send it by mail. With such a transfer, only one form is sent, since the receipt of registration registered letter is proof of conversion.

Form of payment

Acceptance of a claim implies a positive resolution of the requirements set by the buyer. A refusal to satisfy the application can only be given if the examination has shown that the indicated defects are not factory defects, but were acquired as a result of improper operation of the product.

After the fact of the return of funds is agreed, the seller is obliged to transfer them to the buyer within the established time limits. The form of the reverse calculation depends on how the payment was made. In most cases, amounts are returned the same way they were received. If we are talking about cashless payments, then the money is transferred to a bank card. And in the case of cash payment, they are transferred to the hands of the applicant on the specified day.

In cash

Cashless payments are promoted everywhere, appealing to the ease of use of the card and other opportunities that it opens up for the holder. But when it comes to claim disputes on the return of funds, cash payments turn out to be more convenient and profitable for both the consumer and the store. The only drawback with such a payment is the expectation of collecting the required amount of funds. This problem can be encountered in small shops that do not have a large enough turnover.

To return the cash, the buyer must contact the store with a claim. The seller decides on the return of payment and sets the date of return, focusing on the RFP Law.

To a bank card

Returning money through a bank to a plastic card is a slightly more confused procedure. However, for the buyer, little has changed. But a significant drawback of this type of calculation is the time period for the receipt of funds at the personal disposal.

With non-cash crediting of the money spent, the reimbursement procedure goes through several stages. Funds are returned not from the cash desk, but from the account of a legal entity to a bank account individual. The procedure is carried out under an acquiring agreement, which is concluded between a banking organization and trading company. Although the amounts are debited from the merchant's account in a timely manner, they can be credited to the recipient's account within 30 days. These terms are stipulated by law. It is impossible to make a reverse payment in cash, as this is considered a cash withdrawal and threatens legal entities with serious consequences.

Return period

In accordance with the Law on the Protection of Consumer Rights, the buyer must return the funds paid within 10 days. The beginning of the countdown is determined by the moment when the seller recognizes the claim as justified and undertakes to return the money. If an official response is not given, then the time is calculated from the end of the period allotted for consideration of the application.

The return period is indicated in calendar days, but there are no obstacles to making a payment in shorter time periods. Usually if entity recognizes the correctness of the client to receive the amount back, the money is issued quickly enough. If the amount is not returned within the specified period, the consumer may demand a penalty in the form of a penalty for each day of delay, but such issues are resolved only through the courts.

What to do in case of refusal

Often, for one reason or another, the seller refuses to accept a return request or gives a negative answer upon consideration of it. In both cases, the consumer can apply to a third party to review the situation again.

Arbitrators in disputes of this type may be:

1. Rospotrebnadzor.

Where to go first, the person decides. There are no barriers to open court proceedings without prior resolution of issues in Rospotrebnadzor.

Complaint to Rospotrebnadzor

It is more convenient and easier to apply to Rospotrebnadzor for an independent verdict than to go to court.

Often the problem is already solved at this stage, which avoids the hustle and bustle associated with the filing and consideration of lawsuits.

A pre-trial claim can be submitted in several ways:

1. Personally, by contacting the territorial office of Rospotrebnadzor.
2. By sending a written request by mail.
3. By filling out an application on the Internet on the official website.

The method of handling complaints is the same for all types of filing. After receiving the application, Rospotrebnadzor has 30 days to respond. It is always given in writing and is the official position of the organization.

Going to court

Going to court is the most effective measure for defending one's consumer rights, but it is also the most time-consuming. To initiate a court hearing, the injured party must draw up and file a statement of claim. In this case, the applicant is obliged to prove the fact of pre-trial settlement of the dispute. It is an officially filed claim to the store. If there is no evidence of its submission, then it will not work to go to court.

In the claim, the applicant substantiates the reason why he had to complain, confirming it with documents. The presence of an independent examination, proving the fact of a manufacturing defect, will be a huge plus. In addition, you should attach receipts of purchase or otherwise prove that it was made in this place at the specified time. The claim is material in nature, so you should specify exactly how much money is required from the defendant, breaking down the amount into the original price and penalties.

Satisfaction of the plaintiff's claims depends on the facts presented by him and the availability of evidence.

Sample Documents

You will be interested

In retail, it is often necessary to return money to a customer. The retail return policy depends on whether the return request is made on the day of purchase or on another day.

Same day money back

Legal basis retail goods, which is a type of sale, are established by paragraph 2 "Retail sale" of Ch. 30 "Purchase and Sale" of the Civil Code of the Russian Federation and, in addition, the norms of the Law of the Russian Federation of February 7, 1992 N 2300-1 "On Protection of Consumer Rights" (hereinafter referred to as the Law on RFP) and other regulatory legal acts.
A retail buyer has the right to refuse a retail purchase and demand a refund of the money paid for the goods in the following cases:

• failure to provide the seller with the necessary and reliable information about the product;
• sale of goods that did not fit in shape, size, style, color, size or configuration.

As for the last ground, it should be noted that the right of a retail buyer to exchange a non-food product that did not suit him for any reason is enshrined in Art. 25 of the STD Law.
The buyer has the right to apply to the retailer of non-food products with a request for the exchange of goods that do not fit him in shape, size, style, color, size or configuration (Article 25 of the RFP Law). You can do this within fourteen days after the date of purchase.

If the product was not in use, its presentation, consumer properties, seals, factory labels are preserved, and there is also an appropriate document confirming its payment, then the retailer is obliged to exchange the product.

If on the day of the buyer's request for an exchange, a similar product is not available for sale, the buyer has the right to refuse to fulfill the contract of sale and demand a refund of the money paid for it.

The retailer must return the money within three days from the date of return of the goods.

Retailers selling goods to the final consumer, as a rule, work with the population for cash, which is equivalent to bank card payments.

According to federal law dated 22.05.2003 N 54-FZ "On the use of cash registers in the implementation of cash settlements and (or) settlements using payment cards" (hereinafter - the Law on CCP) according to general rule when making cash payments and (or) using payment cards, retailers (organizations and individual entrepreneurs) are obliged (hereinafter - CCP).

An exception is established only for retailers who are directly named in paragraph 3 of Art. 2 of the Law on CCP, as well as for taxpayers working on UTII.

The right of the latter to not use the CCP is enshrined in clause 2.1 of Art. 2 of the Law on CCP, according to which retailers - payers of UTII can make cash payments without the use of CCP, subject to the issuance, at the request of the buyer, of a document confirming the receipt of funds for the relevant product.

The specified document is issued at the time of payment for the goods and must contain the following information:

• Title of the document;
• the serial number of the document, the date of its issue;
• name for the organization (last name, first name, patronymic - for individual entrepreneur);
• TIN of the taxpayer assigned to the organization (entrepreneur) that issued (issued) the document;
• the name and quantity of paid purchased goods;
• the amount of payment made in cash and (or) using a payment card, in rubles;
• position, surname and initials of the person who issued the document, and his personal signature.

The retail sale and purchase agreement is considered concluded in the proper form from the moment the seller issues the buyer a cash or sales receipt or other document confirming payment for the goods, as indicated by Art. 493 of the Civil Code of the Russian Federation.

At the same time, the buyer's lack of these documents does not deprive him of the opportunity to refer to witness testimony in support of the conclusion of the contract and its terms.

If the buyer, for any of the above reasons, applies to the retailer with a request for a refund, then the procedure for the refund is carried out in accordance with the Model Rules for the Operation of Cash Registers When Making Cash Settlements with the Population (approved by the Ministry of Finance of Russia dated 30.08.1993 N 104 (hereinafter - the Rules)). Paragraph 4.2 of the Rules determines that checks of cash registers for the purchase of goods are valid only on the day they are issued to the buyer.

The cashier-operator can issue money on the checks returned by the buyers only if the signature of the director (manager) or his deputy is on the check and only on the check issued at this cash desk.

Thus, if the request for a refund is made by the buyer on the day of purchase, then the refund is made directly from the cash desk in which the check was issued to the buyer.

If the check is lost, then the buyer must write an application for a refund, which must also be endorsed by the director, manager, deputy. There is no unified form for such a statement, therefore, for the convenience of buyers, the taxpayer can develop such a document on his own, fixing its use in his accounting policy.

Cashier makes up refund act in the form N KM-3 and makes a corresponding entry in the journal of the cashier-operator in the form N KM-4 at the end of the working day (the forms are approved by the Decree of the State Statistics Committee of Russia dated December 25, 1998 N 132).

The act on the return of funds to the buyer shall indicate:

• the number of the cash receipt for which the return is made;
• the amount of money to be returned.

The amount of cash receipts at the end of the working day is reduced on the basis of acts in the form N KM-3. The completed act, together with canceled checks pasted on a sheet of paper, is handed over to the accounting department of the organization and stored together with cash documents for the given number.

The act is certified by the signatures of the commission, in the presence of which the return takes place, including the head of the organization or an individual entrepreneur and the cashier (senior cashier) of the organization.

Refund the next day

A retail buyer has the right to refuse a retail purchase and demand a refund of the money paid for the goods in the following cases:

• sale of low-quality goods;
• sale of goods that did not fit in shape, size, style, color, size or configuration;
• failure to provide the seller with the necessary and reliable information about the product.

When deficiencies are found in the purchased goods, the retail buyer has the right, at his choice (Article 18 of the RFP Law):

• demand a replacement for a product of the same brand (the same model and (or) article);
• demand a replacement for the same product of a different brand (model, article) with a corresponding recalculation of the purchase price;
• demand a commensurate reduction in the purchase price;
• demand immediate gratuitous elimination of defects in the goods or reimbursement of expenses for their correction;
• refuse to fulfill the contract of sale and demand the return of the amount paid for the goods. At the same time, at the request of the seller and at his expense, the buyer must return the goods with defects.

Note. In the general case, the retail buyer can make these claims against the seller in relation to defects in the goods if they are discovered during the warranty period or the shelf life of the goods.
The only exception is the goods included in the List of technically complex goods (approved by Decree of the Government of the Russian Federation of November 10, 2011 N 924). For goods included in this List, the Law gives the buyer only fifteen days from the date of transfer of such goods to submit a claim for the return of goods.

The buyer can also demand a refund for the purchased goods for high-quality non-food products (Article 25 of the RFP Law). The buyer has the right to apply to the retailer of non-food products with a request to exchange goods that do not fit him in shape, size, style, color, size or configuration. For such actions, the retail buyer is given fourteen days by law, not counting the day of purchase. If the product was not in use, its presentation, consumer properties, seals, factory labels are preserved, and there is also an appropriate document confirming its payment, then the retailer is obliged to exchange the product. At the same time, if on the day of the buyer's request for an exchange, a similar product is not on sale, then the buyer has the right to refuse to fulfill the contract of sale and demand the return of the money paid for it. The retailer must return the money within three days from the date of return of the goods.

The right to exchange high-quality non-food products applies only to types of non-food products that are not included in the List of non-food products of good quality that cannot be returned or exchanged for a similar product of a different size, shape, dimension, style, color or configuration (approved by Decree of the Government of the Russian Federation of 19.01 .1998 N 55).

For example, personal hygiene items, cosmetics, and medicines cannot be exchanged.

A refund can also be demanded if, when concluding a retail contract, the seller did not provide the buyer with relevant information about the product. In such a case, on the basis of Art. 12 of the RFP Law, the buyer has the right to withdraw from the contract within a reasonable time and demand a refund of the money paid for the purchased goods.

The right not to use CCP has already been mentioned, but, as a rule, retail mainly works with the use of CCT. According to the Model Rules, a refund in retail from the cash desk of a retailer is possible only on the day of purchase of the goods. If the goods are returned by the retail buyer on a day different from the day of purchase, then the money paid for the goods is issued from the main cash desk of the business entity.

Refund the buyer is carried out from the main cash desk of an economic entity according to an account cash warrant (form N KO-2, approved by Decree of the State Statistics Committee of Russia dated 18.08.1998 N 88).

Before issuing money from the main cash desk, you need to receive an application for a refund from the buyer, which indicates the reason for the return of the goods.

That is, when a retail buyer applies, the retail seller must offer him to write such an application in any form, which must be endorsed by the head of the business entity.

If the money is returned quality goods, then a KKT check confirming payment for the purchase should be attached to the application. If the cash register is not used, then the document issued by the retailer when paying for the goods is attached to the application.

It would be appropriate to add to the application for the return of a document that would indicate that the goods were not in use and their presentation was preserved (for example, a certificate drawn up by a merchandiser).

You should always remember that the absence of a CCP check cannot serve as a reason for refusing to exchange goods, which is expressly stated in Art. 25 of the RFP Law: the absence of a sales receipt or cash receipt or other document confirming payment for the goods does not deprive the consumer of the opportunity to refer to witness testimony. In addition, if the check is lost by the buyer, then it remains on the seller's tape.

When accepting the returned goods, the seller must issue an invoice for the return of the goods.

When issuing money on an account cash order, the buyer - the recipient of the money must indicate in the order the entire amount received (rubles - in words, kopecks - in numbers) and sign it.

The cashier draws up the issuance of funds under an expenditure cash order with a corresponding entry in the cash book.

Since the return is not made on the day of purchase, the cashier-operator journal does not reflect the amount of the return. Therefore, there is no need to draw up an act in the form N KM-3.

Since the return of goods means, in fact, the buyer's refusal to fulfill the retail sale and purchase agreement, the seller who returned the money for the goods should correct the accounting and tax accounting data.

According to paragraph 5 of Art. 171 of the Tax Code of the Russian Federation, as well as paragraph 4 of Art. 174 of the Tax Code of the Russian Federation, the seller applies the deduction provided for in paragraph 5 of Art. 171 of the Tax Code of the Russian Federation, in the manner prescribed by paragraph 4 of Art. 172 of the Tax Code of the Russian Federation.

The Ministry of Finance of Russia By letter dated 03/07/2007 N 03-07-15 / 29 explained that when returning retail goods in order to apply the VAT deduction in the retailer's purchase book, it is recommended to register the details of the outgoing cash warrant issued when the funds are returned to the buyer, if there are documents confirming the acceptance and registration of the returned goods.

In this case, an entry in the seller's purchase book is made on the date of registration of the returned goods. You should also adjust taxable income and expenses in tax accounting. The tax base for the return of goods is not underestimated. Thus, the seller has the right to file an updated income tax return (clause 1, article 81 of the Tax Code of the Russian Federation).

If the returned goods were paid for by a bank card, then the money is returned in a non-cash manner by returning them to the buyer's card. If the goods are returned not on the day of purchase, cash withdrawal operations are carried out in accordance with the concluded acquiring agreement, i.e. an agreement concluded between a credit institution and a trade organization.

Note. If a refund is made for the returned goods, paid at retail with a bank card, then the money can only be returned in a non-cash manner by returning them to the buyer's card (clause 3 of the Bank of Russia Official Clarification dated September 28, 2009 N 34-OR). Refunds are made on the basis of a non-cash refund receipt to the holder's card upon presentation of a cash receipt and a payment card. If the goods are returned on the day of purchase, then the operation for paying for the goods with a plastic card should be canceled at the terminal. There is no need to record such a return in the cashier's journal, since it only records returns made on the day of purchase for goods paid for in cash.