The interests of the consumer are protected by Law No. 2300-1 "On Protection of Consumer Rights". The mentioned law governs the relationship between the buyer and the seller, as well as the procedure for returning goods of inadequate and proper quality.
Is it possible to return jewelry in 2020?
The consumer can exchange a good quality non-food product within 14 days, not counting the day of its purchase (Article 25).
An exchange takes place if the specified product was not in use, the buyer retained its presentation, consumer properties, and there are also sales receipts or cash receipts (it is permissible to refer to witness testimony).
If a similar product is not available for sale, the buyer may refuse to fulfill the contract of sale and demand a refund of the amount paid for the product. Money is returned within three days from the date of return of the specified goods.
Consider whether it is possible to return the jewelry to the store.
But jewelry and other products made of precious metals or stones, cut gems are included in the list of goods of good quality that cannot be returned or exchanged for goods of a different size, shape, color. The procedure is regulated by Decree of the Government of the Russian Federation No. 55.
But can jewelry be exchanged and returned if it is defective? If the seller has not mentioned the shortcomings, the buyer can:
If you simply don’t like the piece of jewelry or don’t fit, you can’t return silver or gold items.
Is it possible to return a ring to a jewelry store if the imprint of the state assay mark of the Russian Federation does not match the actual sample of the jewelry alloy? Can.
It is also necessary to check the product for compliance with the characteristics of the product label and quality certificate.
Let's take a closer look at how to return a piece of jewelry of inadequate quality to the store.
The product of inadequate quality is replaced with a new product that has not yet been in use. When a replacement is made, the warranty period is calculated anew, from the moment the goods are handed over to the buyer.
Making settlements with the buyer if he purchased the goods with a defect:
- if a low-quality product is replaced by a product of the same brand, the price of the product is not recalculated;
- if a low-quality product is replaced with a product of a different brand, and the price of the product is lower than the price of the product offered as a replacement, the buyer pays the difference;
- if the item being replaced is more expensive than the one provided, the buyer is paid the difference.
By law, jewelry is returned only when there is a factory defect. After the transfer of the goods to the buyer, the seller is not responsible for the marriage that has arisen.
Reasons for return:
- the test is not true;
- inserts fall out of the product;
- a watch bought in a jewelry store has stopped working or does not work correctly, the bracelet has broken;
- defects soon appeared on a bracelet or chain made of gold or silver: links dangle, the lock does not work well, the decoration is torn.
Decree of the Government of the Russian Federation No. 55 regulates the aspects that the jewelry trade must comply with.
Required Criteria:
Each piece of jewelry must contain a label with the information:
- title;
- manufacturer information;
- type of precious metal;
- vendor code;
- try;
- processing method;
- price.
If a non-precious stone is inserted into the piece of jewelry, such information must be indicated on the label.
Return the jewelry immediately after the discovery of marriage. According to the law, goods made of gold and silver return:
- within two weeks after purchase if a visible marriage is detected;
- within 6 months after the discovery of a hidden marriage.
But you need to pay attention to the warranty period, during which you can make claims to the seller if you cannot prove that the defects appeared after the purchase. The manufacturer can set the warranty period himself.
If a deadline is set, the buyer is not obliged to prove that the defects appeared before the transfer of the jewelry to him, the seller must prove this himself.
If there is no warranty period, the buyer must prove that the product was already defective prior to purchase. An independent review will help you do this.
Reasons why they may refuse to return money or exchange goods
The law establishes the following grounds for refusal:
- deadlines are not met;
- the product is defective after purchase;
- the warranty period of the product has expired.
If the buyer takes into account the rules of the law that relate to returns and exchanges, the seller must comply with the requirements.
In case of an unreasonable refusal to return or exchange a product, it is better to file a complaint. If the situation is not resolved amicably, the next step is to file a lawsuit.
The activity of pawnshops is to provide borrowed funds in exchange for the delivery of personal valuables.
Rules for accepting jewelry in a pawnshop:
A purchase is surrendered only when the examination has established that the goods are fake.
When buying a product, you need to make sure that there are no defects by carefully examining the product. This is especially true for expensive jewelry.
If there is a marriage on the clasp of the bracelet, it can unfasten and get lost. But if the marriage was not noticed immediately, after its discovery, you must familiarize yourself with your rights to return or exchange jewelry.
Can gold and silver jewelry be returned? Jewelry of proper quality cannot be returned to the store or exchanged.
But this statement does not apply to defective products.. Sellers in jewelry stores often take advantage of the ignorance of customers and do not accept defective items, referring to Decree No. 55.
This is just an attempt to evade responsibility. If a defect is found, the client may demand to eliminate the defects free of charge, cover the costs spent on eliminating the defect, replace the product with a similar one, or return the amount of money paid.
How to reduce or increase a ring with stones, for example, with diamonds, because it is dangerous?
Legally, it cannot be exchanged or returned. Only if the owner of the jewelry company gives the go-ahead, then perhaps they will exchange it. The golden ring is just included in the list of goods of good quality that are not subject to exchange.
I somehow reduced the ring with stones, though by one size. It seems that I didn’t notice any serious changes in the ring. But anyway, there is a difference: the factory ring or the one that has already been melted.
If you bought this ring, this is his destiny, you can increase the size of the ring. Increasing the ring size is not a problem, it will take you five minutes to increase the ring size. If bought, of course a very chic ring you need to act. The most important thing is to buy, and increase is not a problem. When you bought this ring, you were looking for a long time, so that it would be very beautiful and elegant to your taste. Therefore, I would prefer to increase the size of this ring.
Gold jewelry cannot be returned or exchanged. The size of the ring can be changed in the jewelry workshop.
It seems to me that any ring can be rolled out, or rolled. after all, the thickness of the gold changes, not the stones. Although it is still better to go to the workshop and consult with the master.
Can I return jewelry within 14 days?
Buying jewelry is not only very pleasant, it can become incredibly troublesome once the buyer decides to return the item within 14 days for one reason or another. How possible is this situation and how does the law protect the buyer of jewelry?
Return of jewelry within 14 days: is it possible?
Free legal advice:
When returning, many buyers are guided by the law that the product, if it does not fit or is of inadequate quality, can be returned within 14 days. But there is another law that the consumer is not always aware of: “gold jewelry cannot be returned or exchanged.” It states that jewelry can only be returned in the event of a factory defect, the fact of which must be proven. There have been attempts to revise this law several times, but so far nothing has been done. Unfortunately, this is what dishonest sellers often use.
According to existing legislation, jewelry belongs to the group of goods, the return of which is possible only if a defect is found, that is, a low-quality product can be exchanged. In order to contact the store, you must present a receipt confirming the purchase and a label with information about the product along with the product. The label itself is not required, but with it the chances of a return are greatly increased.
The warranty period is written even on jewelry, but if the manufacturer has not indicated it for any reason, then a low-quality jewelry can be returned to the store within 2 years. If the buyer proves that it is defective, then the jewelry store will refund the full cost.
Return of defective goods can be made:
- if there is a sample on the jewelry, but it does not correspond to the true sample and type of material, for example, there is such a sample on a gold ring, but the jewelry is actually gilded;
- if inserts began to fall out of the jewelry on the next day, but not as a result of intentional mechanical impact of the buyer;
- when a watch bought in a jewelry store soon stopped working, there is another defect in the product (stones fall out, the bracelet breaks);
- if the bracelet or chain broke within a couple of days after purchase, the lock does not want to close, there are dangling, loose elements.
What should be done when returning?
In order to return a piece of jewelry of inadequate quality, you must first contact the store where it was purchased. If the seller requires an examination, then it must be remembered that it is carried out only at the expense of the store itself.
Free legal advice:
It is also often offered to issue a claim letter about the return and its reasons. To make things go faster, it is recommended to contact the consumer protection society.
During the purchase, in order to avoid conflict situations, it is better to immediately stipulate the possibility of replacing or returning the product. Many jewelry stores today independently set the terms for the return of goods, and in case of an inappropriate size, they can offer a replacement for another. However, you must have the product itself in good condition, a tag from the product, and a check with you. When exchanging or returning in such a situation, store employees may ask for payment of a penalty.
Jewelery Returns
When can I return jewelry of inadequate quality? Can it be done within 14 days? Yes, there are legally established deadlines during which claims can be made to the seller (or manufacturer) if a defect has been discovered.
- According to OST-95, there is a clearly limited period for revealing a hidden, that is, invisible upon purchase, defect in jewelry - six months, that is, within 6 months if a defect is found that is invisible at the time of purchase, you can apply for a return.
- If the manufacturer of jewelry has established a warranty period of less than 2 years, but the consumer has detected a defect within these 24 months, then the buyer has the right to make a return or exchange on the general basis of article 18 (consumer protection law).
- The manufacturer did not specify the warranty period for the product, but there is still such a thing as the service life of the product, which is usually determined. If the defect was discovered before the expiration of this period, the manufacturer is obliged to eliminate the defect free of charge.
The existing legislation provides that the seller can independently set the warranty period for the jewelry, even if this was not done by the manufacturer.
Free legal advice:
The seller can also establish his own warranty period if the manufacturer has one, but it cannot be less than that of the manufacturer. You should pay attention to this, since it is unscrupulous sellers who declare a guarantee that is less than that established by the manufacturer.
Attention: if the manufacturer has not determined the service life of the jewelry, then it is assumed that it is not more than 10 years.
What should I do if the seller deliberately “drags out the case” or refuses to communicate at all about the return of a defective product?
In this case, you need:
- write a letter of claim describing the situation, send it by registered mail so that a notice of dispatch remains on hand, it may be required for litigation;
- the letter should indicate a description of the problem, that is, a defect, state the requirement to replace the jewelry with a similar one of the same brand, and then indicate a reasonable time for execution;
- if the seller did not make contact within the specified time frame, the replacement was not made, then it is necessary to file a claim with the court with similar requirements set out in the letter. The package of documents includes checks, tags from the jewelry, the jewelry itself, examination (if there is such a conclusion), a letter of claim with a notice of shipment.
It must be remembered that when filing such a claim, the consumer is entitled not only to a replacement or refund, but also a 3% penalty on the total cost of the goods.
Free legal advice:
Tell me, is it possible to return a hollow chain, because after wearing it for 3 days, the links were crumpled? It was a gift and it's a shame that this is happening! At the same time, the seller did not warn the store that it was hollow and that one could not even sleep in it.
Good day! gave the girl a bracelet. And on the same evening it was torn almost into two parts, the seller assured that this was a high-quality and not hollow chain, which, unlike, etc., etc. In general, if you returned the product, then tell me how it went and what to prepare for. Because the bracelet costs a lot of money and a gift for another 25 years. And for how I look in this situation, I generally keep quiet. Thank you in advance
I returned it, the same situation ... Hollow, no one told me anything. Exchanged for a new chain, whole.
1.5 weeks ago I bought a ring with cubic zirkonia. Today a stone fell out. Can I change the ring?
Hello! Bought gold earrings with semi-precious stones. At home, when I removed the filling and began to measure, one stone was not in its place. The stone fell out. Thank God I found it next to the box. The next day I went to the store in order to return the purchase, exchange it or get the full price. To which the seller told me that no one would return the money to me. They must conduct their own quality examination (from 10 days, because they are sent to Moscow) and, according to the conclusion, they will make repairs to me. I don't want a refurbished item. Overall disappointed with the store. Do I have the right to demand a refund? And what law can I refer to in this case? Thanks.
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Hello, today I bought a girl a ring for a proposal, but it turned out to be small. The seal was torn off the ring, but not thrown away. She is! Will they exchange me for a larger size?
Is it possible to return jewelry - what does the law say
Buying jewelry is a holiday for any woman, because of their high cost. Ladies tend to measure gold or silver jewelry for hours, and excesses with its exchange and return still happen, and not only if the product simply does not fit.
Can I return jewelry to the salon? Does the 14-day rule apply to this category of purchases? What does the guarantee for gold jewelry mean? And if the consumer purchased jewelry? What if the purchased item was of poor quality?
Normative base
The issue of returning and exchanging jewelry is regulated by law, which is designed to protect the interests of ordinary buyers - ZOZPP.
Free legal advice:
Additional regulation is carried out by a by-law - Government Decree of 01/19/1998.
These documents describe in detail the features of the circulation of this category of goods, determine the list of things that are not subject to exchange and return to the distribution network.
Will the jewelry be accepted in the store within 14 days?
Can I exchange a gold ring if it doesn't fit? And the earrings that your beloved mother-in-law did not like? Agree, this situation occurs quite often, especially when jewelry is bought as a gift, for example, on the occasion of an engagement or a birthday.
Is there a way out of the delicate situation, because sellers accept shoes, even if they simply don’t like them?
Unfortunately, it is impossible to return a piece of jewelry to the store if you have no complaints about its quality. This is evidenced by the list of goods given in the Government Decree. It includes purchases that are not subject to exchange, even within 14 days from the date of purchase.
Free legal advice:
Quote! “Things made from precious metals (from gold, silver, platinum and their compounds) and using precious or semi-precious stones, of good quality and purchased in a retail network, cannot be replaced with similar ones or returned to the seller.”
Important! The safety of seals, labels and a sales receipt does not give the buyer the right to exchange the jewelry or insist on a refund for an incorrectly selected purchase.
Why such difficulties? Experts attribute this to 2 factors:
- It is possible that the item brought in for a return or replacement will turn out to be fake. The seller, even with the use of chemical reagents, cannot always determine that in front of him is a masterfully made jewelry copy of a ring that was purchased yesterday as a gift. It is obvious that the same product will again be on display tomorrow and will be bought by a new consumer.
- Such a valuable product almost never drops in price. On the contrary, it can rise in price every day. It is unprofitable for the store to follow the whims of the buyer and lose profit on sales.
It is clear that the law allows the return of jewelry only if it turns out that initially (at the time of purchase) they were of inadequate quality.
Conditions for replacing a defective item made of gold
Are products subject to return if the consumer finds their defect? How long does it take to file a claim with a seller?
Free legal advice:
Good news awaits jewelry lovers here. The Consumer Protection Act allows the exchange and return of jewelry if it can be proven that it has a manufacturing defect and not an operational one.
If a stone falls out of the ring, and the gold chain breaks just around the neck, the store administration is obliged, in accordance with Art. 18 profile law:
- make warranty repairs of the product within 45 days;
- return the money for the goods, having received the defective item back;
- to replace the jewelry with a similar one, but of satisfactory quality and size that fits;
- replace the ring or bracelet with the same jewelry, but of a different model and with a recalculation of the cost.
So, the fact that you can exchange items made of gold and silver, even if only defective ones, is great. But there is one thing… The return of jewelry with defects is acceptable, and the obligation to prove the cause and nature of the damage lies only with the buyer, and only an examination can confirm or refute the consumer’s correctness.
Important! If the study shows that stones fell out in the gold wedding rings of the newlyweds or other jewelry due to the negligence of their owners, it will be impossible to return these things to the store and get money, because it is impossible to return jewelry that was of good quality at the time of purchase, as the laws say. .
They can be repaired under warranty if it has not ended, but more on that later.
Note! If the examination proves the manufacturing defect of the jewelry that fit, the store will have to return the money not only for the purchase, but also compensate for the cost of the analysis.
Free legal advice:
Jewelry warranty service
How long is the jewelry warranty? Will this information help to hand over a low-quality jewelry or at least repair it for free?
OST of 1995 indicates that the warranty period for this category of goods is six months. This time is provided to the consumer to reveal a hidden factory defect in jewelry.
Nevertheless, the salons have the right to extend the warranty period at their discretion and bring it up to the end of the item's service life. For a piece of jewelry, this is 10 years.
Important! Of course, you can try to hand over a gold chain for repair during such a long warranty, but again, the workshop will require an independent examination of the thing in order to prove its hidden flaws.
You can hardly be sure that after 2 years of continuous wearing, you carefully opened the clasp, and your child did not pull the product.
Free legal advice:
Factory defects, as a rule, appear already in the 1st month of operation, so do not waste time, nerves and money on empty evidence if you are definitely not sure that you are right.
Keep in mind that jewelry may, by law, carry a manufacturer's warranty.
How to deal with non-precious jewelry
Bijouterie - products made of inexpensive metals, alloys or their compounds that imitate precious ones. There are many such things - they are beautiful, inexpensive and, at times, worn no worse than the original.
Is it possible to return jewelry to the store if it turns out that several stones will fall out of a ring of the right size? Is it possible under the law to have the same approach to a fake and to a piece of jewelry in this matter?
Stores are required to accept jewelry back because consumer protection law and other regulations do not include it on the list of items that cannot be returned or exchanged. It is impossible to forge a fake, therefore, the circulation of jewelry is carried out on a par with other goods and does not fall under the rules for the return of jewelry by law.
Free legal advice:
Important! Items with gilding or silvering are classified as jewelry, so they are not subject to the rules according to which jewelry cannot be returned. If an unscrupulous seller tries to prove that his goods cannot be handed over to the store, since it has a gold coating, send him a letter of claim, and in parallel, file a complaint with Rospotrebnadzor.
Tip for jewelry lovers: If you are buying a gold or silver item as a gift, try to discuss the exchange of jewelry in advance. Some salon owners strive not to lose a client, they care about their reputation, so they go to meet those who wish to hand over an inappropriate thing.
Buy gold shortly before the solemn moment so that the seller does not “lose” you from memory if the item has to be returned, do not cut off the labels and seals and think about the tastes of a loved one in advance. This will make life easier for you and the financially responsible person on the other side of the counter!
Is it possible to change a gold wedding ring if it does not fit?
I also rolled this year.)))
Free legal advice:
not subject to exchange.
then. Legally, you cannot return the ring.
Try to contact the store just like a human being, I think if you want to change, they will not refuse you.
In addition, the size of the finger from the temperature difference could not change significantly, so, you can contact the jeweler, changing the size of the finished ring is not a problem.
Contact the master, sometimes it is possible to adjust a little. If it's too small, you'll have to buy a new one.
Free legal advice:
Can I return the ring back to the jewelry store and collect the money?
In this article, we will consider one point regarding the return of jewelry, namely, is it possible to return the ring back to the store. In the article, we will take into account all the points related to this problem, because the product is of good quality, that is, without marriage and inadequate quality, that is, with flaws (defective), it also plays a big role where you bought it, directly in the store or ordered via the Internet. In the article, we will take everything into account and analyze this problem piece by piece.
Can I return a ring of proper quality bought in a jewelry store?
For example, you came to the store and bought yourself a ring made of gold, silver, platinum, etc., but when you got home you realized that it didn’t suit you, or you just didn’t like it, while the ring was without defects, that is, the product was of completely proper quality (without marriage).
You decide to exchange or return it. But let's see if you have such a right, if the goods are of good quality.
Yes, in relation to goods of good quality, the buyer has the right to exchange it, please note, not to return, but to exchange, on the basis of Article 25 of the Consumer Rights Protection Law.
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This article states that if a product of good quality did not fit the consumer in terms of size, style, color, configuration or dimensions, then the consumer has the right to exchange such a product for a similar one, if its presentation, factory labels and seals and consumer properties are preserved, that is, the product has not been used and shows no signs of use. You can submit such a claim to the seller before the expiration of 14 days from the date of purchase, not counting the day of purchase.
And if at the time of the presentation of the demand the seller did not have a similar product for replacement, then only in this case the consumer has the right to demand from the seller, accept the goods back and return the money paid for the goods to the buyer.
We open this list and see that paragraph 9 indicates jewelry made of precious metals and (or) precious stones, cut gems.
The ring you want to exchange is considered jewelry if it is made of precious metals or gemstones.
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And this means that you will not be able to exchange or return a ring that is considered jewelry, you will be refused in the store according to the law.
You can find the list of non-food products of good quality that cannot be returned and exchanged for a similar product in Decree of the Government of the Russian Federation of 01/19/1998 N 55 (as amended on 12/23/2016) and familiarize yourself with it, this list does contain jewelry.
That is, we make the first conclusion! If you bought a ring in a jewelry store, it is free of defects and of fully appropriate quality, then you cannot exchange or return it, the seller will legally refuse you.
If the ring bought in a jewelry store turned out to be defective, how to return it?
If you bought a ring and found defects on it, then you have the right to return the product of inadequate quality back to the store.
According to paragraph 1 of Article 18 of the Consumer Rights Protection Law, the buyer has the right to:
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- Require the seller to eliminate the defects of the goods at his expense;
- Exchange the product for a similar product of a different brand (model article);
- Exchange for exactly the same product of proper quality, exactly the same brand (model, article);
- Require the seller to reimburse the costs of eliminating deficiencies if the consumer has eliminated them at his own expense;
- Demand termination of the contract of sale and return of the amount of money paid for the goods.
You can choose any of the items in case of returning a ring of inadequate quality.
But if you still intend to return the goods, then the last item from the list suits us.
Just come to the seller, explain the situation, show what the shortcoming is, write a return application and it is better to draw up an act of transferring the goods to the seller, which indicates all the shortcomings that existed at the time of the transfer of the goods. After writing an application for a refund, you must return the money within 10 days.
Can I return a ring purchased online?
When buying goods in an online store, everything is different than when buying in a simple store. This method of purchasing goods is called remote. That is, all goods purchased after familiarizing themselves with them through photographs, booklets, television, radio, the Internet, brochures, samples, etc. That is, it is understood that the product was purchased without direct acquaintance with it, that is, the buyer did not see the product that was brought to him live, could not touch it and take the necessary actions for a full acquaintance (touch, hold, test, measure, etc. .)
The relationship between the seller and the buyer when purchasing goods is remotely regulated by Article 26.1 of the Law on the Protection of Consumer Rights.
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According to paragraph 4 of Article 26.1 of the Consumer Rights Protection Law, the buyer has the right to refuse the purchased goods at any time before its transfer, and after the goods have been transferred, the consumer has the opportunity to refuse the goods within 7 days from the date of transfer. And if the consumer at the time of transfer was not provided in writing with information on the procedure and terms for returning the goods, then the return period is extended to 3 months.
The consumer can return the product without giving reasons, whether it is of proper quality or not.
Do you feel the difference between the usual way of buying when you need to come to the store and the remote way?
With the remote method, the list of non-food products that are not subject to exchange and return does not work, the seller does not have the right to refer to it and deny you your right to return the goods. This is precisely the advantage of a remote purchase, in which case you can return your and any other jewelry to the seller without explaining the reasons and, as already mentioned, it does not matter if it has flaws or not.
But there are certain rules regarding goods of good quality that are returned back to the seller. Thus, the buyer cannot refuse a product that has individually defined properties, that is, if the product can only be used by the buyer. An example of such products can be glasses with lenses for different diopters (when one eye sees worse and the other better, orthopedic shoes, this can be a custom-made product with congratulations addressed to a specific person with special words, or a photograph of this person (for example, a print in in the form of a photograph on a T-shirt), or other goods that were made at the request of the buyer and according to his parameters, but were purchased remotely. Such goods cannot be returned if they are of good quality.
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The second condition for the return of goods of good quality purchased remotely, the goods must have the presentation and its consumer properties, as well as a document confirming the fact of purchase from this particular seller. But the fact that there is no receipt or invoice cannot be an obstacle for the buyer to provide other evidence confirming the fact of purchase from this seller. With regard to the presentation and consumer properties, in the case of a return of goods of good quality, it must look like new, have no signs of use and look the same as when purchased.
These are the two main conditions that must be met by the consumer in the event of the return of goods of good quality purchased remotely.
The seller refuses to comply with legal requirements and refuses you?
Now we know what legal requirements we can present to the seller.
But it happens that when you present your requirements, even if they are based on the law, the seller refuses you referring to fictitious reasons, or without commenting on the refusal at all.
In such a situation, of course, there is a violation of consumer rights and such actions of the seller must be stopped.
Of course, if the seller does not make contact and violates your rights, then you need to sue him, but we cannot take it and immediately sue the seller, because in situations related to the protection of consumer rights, pre-trial procedures must be followed dispute settlement, that is, you should try to solve the problem before the court, but if nothing works out for you, then only then you have the right to go to court.
But you will say, after all, I came to the store and tried to resolve the dispute before the court and the seller refused me, isn’t this a pre-trial procedure for settling litter?
Formally, of course, it is so, but you can’t sew words to the case, and if you don’t have written evidence confirming that you contacted the seller, but he didn’t respond, then the court will refuse your claim.
Therefore, in order to prevent this from happening, it is necessary to send a claim to the seller, in which you describe what your rights were violated, what articles of the law the seller violated and describe your requirements and attach the necessary copies of the documents.
The claim is written in 2 copies, one is given to the seller, and on yours the seller puts a mark that the claim has been accepted, the date and his signature. Your copy with the marks will just be proof that you submitted the claim and after receiving the claim the seller has 10 days to fulfill your requirements and if after these 10 days the seller does not respond in any way or responds but not as it should, then you can file a claim with the court, attaching a copy of the claim and copies of the necessary documents related to the case (checks, expert opinions, etc.).
It happens that the seller refuses to accept the claim in person, it doesn’t matter, send a claim with a list of attachments and a notice of delivery to the seller at his legal address, and if it is an individual entrepreneur, then at his address. The inventory will say that you sent a claim and not something else, and this will be evidence, and the notification will serve as proof that the addressee received your claim. You will receive a notification in a few days at the post office from which the letter was sent, it will contain the signature of the recipient and the date of delivery, we count 10 days from this date and if there is no reaction or it does not suit you, we file a lawsuit against the seller.
You can file a lawsuit at your place of residence, or at the location of the seller.
There is no state fee for consumer protection cases.
Conclusions from the article!
As you can see, everything is not unambiguous and it is necessary, first of all, to understand the situation and distinguish the remote way of buying from the classic one.
As you can see, with the usual method of buying, return the ring (jewelry) if it fails to be of proper quality, the seller will refuse you by law. But if you bought such a ring remotely, then you can return it without problems, if you do not violate the return deadlines.
But if the jewelry turned out to be of inadequate quality and had flaws, then you can refuse it without any problems, this is your legal right on the basis of paragraph 1 of Article 18 of the Consumer Rights Protection Law.
Did you buy low-quality jewelry? We will tell you how to defend your rights and in what cases the seller is obliged to accept it back from the buyer.
There is an approved list of non-food items that are non-refundable or an exchange that includes jewelry. Each buyer of jewelry remembers a sign in the store reminding them of the impossibility of returning goods. However, in some cases, it is still possible to return jewelry to the seller.
According to Article 18 of the Consumer Rights Protection Law, the rules, terms for the exchange and return of any purchases apply. They allow the buyer to demand from the store:
- replacement of jewelry with the same model if the purchased product turned out to be of poor quality;
- replacement of the product with another one with an additional payment or refund of the difference in price;
- a full refund if the product turned out to be of poor quality;
- reimbursement of the buyer's expenses, if he incurred them, eliminating the marriage;
- elimination of the defect at the expense of the seller;
- providing a discount due to the presence of a marriage.
Note!
Jewelry made of gold and silver cannot be returned if it does not fit in style, size, etc.
The store is obliged to accept a low-quality jewelry item only if it is defective and this fact was confirmed by the examination.
Return period
Returns should be dealt with immediately after the discovery of defects. If the defect is noticeable, the return of the goods is legally possible within only 14 days. If the marriage is hidden, you must return the item within 6 months. The manufacturer establishes a warranty period during which goods of inadequate quality can be returned. If the guarantee has not been established by the manufacturer, the seller has the right to indicate it directly. This is what determines the reason why the return periods may vary. Warranty service often includes ring fitting, stone setting, polishing, cleaning, etc.
Note!
If the manufacturer or seller has established a guarantee for the product for less than 2 years, the buyer has the right to contact the seller, importer, manufacturer within 1 year from the date of purchase.
The manufacturer establishes the warranty period independently, taking into account the fact that the service life of jewelry does not exceed 10 years.
What decorations can be donated?
The law defines the following grounds for the return of jewelry:
- you bought a gold or silver item, for example, a chain or bracelet, but noticed defects - the chain broke (not as a result of careless handling), the lock does not work well, the links dangle, the clasp breaks, the lock in earrings, chains stops working;
- inserts fall out of the jewelry, precious stones are poorly fixed in the rings;
- the sample of the product does not correspond to the real one;
- mechanical defects, chips were found on metal elements;
- the bracelet of a watch bought in a jewelry store is broken, or the mechanism is broken, the watch has stopped working, etc. The warranty does not apply if the product is damaged due to the fault of the buyer, for example, as a result of a blow, other negligent actions.
How to make a return if you find that the sample is not true, because the quality of the jewelry may be appropriate? Jewelry can be handed over if the sample on it is indicated incorrectly. A silver ring plated with gold sometimes has a hallmark of a gold ring. In this way, sellers and manufacturers are fraudulent. A ring of 375 samples dishonorable sellers can give out for 585 samples. You can prove the discrepancy by conducting an examination. Any pawnshop provides such a service for silver and gold jewelry, but it must be taken into account that only the Assay Office of the Russian Federation issues an official conclusion on the discrepancy between the sample and reality.
You can also return the goods when parts of the product move randomly, the locks jam or are difficult to close. In this case, the expert must confirm that the marriage did not occur through the fault of the buyer.
When can jewelry stores refuse a refund?
The buyer may violate the rules established by law, which leads to a refusal to exchange and accept the goods:
- applying for an exchange or return of products made of gold or silver at the end of the warranty period;
- the defect appeared after the purchase;
- deadlines have not been met (the 14-day return period has expired, the warranty period has expired, the service life has expired).
If the buyer complies with the norms established by law regarding the exchange and return of goods, the seller is obliged to satisfy the requirements of the buyer. Unreasonable refusal of the seller is a reason for filing a complaint.
Consumer rights Protection
The Government of the Russian Federation establishes the terms of trade in gold and silver jewelry, which must be followed by a jewelry store when selling goods. Requirements to be fulfilled by the seller of jewelry:
- the cash receipt must contain information about the sample, article number, type of purchase, information about the precious stone. If the cash receipt does not contain such data, the seller is obliged to issue a sales receipt indicating a detailed description of the jewelry;
- weighing of jewelry is carried out in the presence of the buyer at his request;
- gold or silver jewelry with precious stones are sold in special packaging;
- the presence of a state guarantee - assay mark on each imported or domestic product. The law allows not to stamp gold and silver jewelry weighing up to 3 grams;
- precious stones - emeralds, diamonds - can only be sold with a certificate;
- Russian products must have imprints of personal names;
- before putting the goods on display, the seller is obliged to inspect it, check the sample, name, labels, seals, and make sure that there is no marriage.
Each piece of jewelry must have a label with data: name of the piece of jewelry, manufacturer, type (silver or gold), sample, processing method, article number, weight, price.
If the product contains a stone that does not belong to the precious group, information about this must be indicated on the label.
Procedure for refunding money for defective goods
If you want to return a low-quality jewelry to the store, follow these steps:
- Make claims to the seller in writing in the form of a claim. Attach copies of the payment receipt, label (if any), tags to it;
- if you accidentally throw away a check, this does not mean that the money cannot be returned. The fact of purchase can be confirmed by witnesses, request video recording in the store;
- if the store considers it necessary to find out the cause of the defect, an examination will be appointed. The buyer has the right to attend it, and if he does not agree with its results, he can contact an independent expert at his own expense. At the initiative of the buyer, it is more expedient to conduct an examination already in the trial.
The seller considers the claim within 10 days. If after this period you receive a refusal, the store does not make contact, and you have lost hope of solving the problem peacefully, you should contact the court.
In addition to the return of the amounts spent on the purchase of defective goods, compensation for non-pecuniary damage can be demanded through the court. Satisfying the claim, the court will also impose a fine in the amount of 50% of the value of the claim. This money will go to the federal budget.
Recovery of a penalty
If the case goes to court, the plaintiff has the right to demand not only a refund for the defective goods, but also a fine of 50% of the purchase amount. You can also receive a penalty for each day of non-return of funds, which compensates for the violation of consumer rights. To do this, you must write a claim to the seller demanding compensation for losses, lost time.
Who and how calculates the penalty? The amount of the penalty is calculated independently. If the seller has not replaced the goods within 7 days from the date of the request, from the 8th day a penalty of 1% of the value of the goods can be charged. If the goods are sent for examination, the consideration of the claim is 20 days, the calculation must begin from 21 days after the delivery of the written request. In this case, the countdown of the first day allotted for consideration of the claim must begin not from the moment the letter was delivered, but from the day following this day.
Note!
Litigation for the protection of consumer rights is carried out entirely at the expense of the seller. When filing a claim, you do not have to pay a state fee.
The case will be considered by the court at the place of residence, but if it is more convenient for you, you can file a claim with the court at the location of the defendant. In case of purchasing low-quality jewelry, the court is on your side. An experienced lawyer will draw up a claim, a lawsuit, and help collect evidence for a court hearing. Each case of consumer fraud is individual. A positive result depends on many aspects.
When buying jewelry as a gift, try to arrange a return or exchange with the seller within a few days in case the size doesn't fit. Despite the lack of legislative regulation of this issue, in practice, many sellers meet buyers halfway.
Summary
The law allows the return of gold and silver only because of the presence of a factory defect. If the seller refuses to exchange or return jewelry for no reason, file a complaint, and then file a lawsuit. Identification of defects in the goods gives the buyer the right to terminate the contract and return the money, eliminate the defect at the expense of the seller, exchange the goods, reduce the price, receive compensation for repair costs, replace the goods with a similar one.
In any case, it is still worth trying to negotiate with the seller about the possibility of replacing or returning the goods when buying the goods. Sometimes stores go towards the buyer, return the money or exchange the product for a similar one, even in cases not provided for by law.
ATTENTION! Due to recent changes in legislation, the information in the article could be outdated! Our lawyer will advise you free of charge - write in the form below.
- an important symbol of marriage, but when it becomes necessary for any reason to replace it, the question is natural - is it possible and if so, how to do it right? Like any other piece of jewelry, an engagement ring can get lost, damaged, or no longer fit physically or aesthetically. What to do in these cases?
If we talk directly about superstitions, then changing such an important symbol of marriage is not recommended for fear of separation, problems, and even death. But any traditions are created by people, and therefore inevitably change over time.
Advice! You should not rush to the other extreme and change jewelry every year. If you want new interesting accessories, you can buy them to wear them separately, and not as an important sign of marriage.
The reasons why spouses need new rings can be different:
- Sometimes joints thicken with age, and not every alloy allows you to expand the size of the product. For example, titanium or even soft metal with engraving is not capable of this;
- Another common reason is loss or irreversible damage to jewelry when you have to replace it anyway;
- Not less often, the situation happens when the newlyweds simply there was no money for suitable decorations before the celebration itself, for example, both were students, and after a few years, the couple can already afford a suitable luxurious symbol of love. Why not make your dream come true then?
A significant difference is made between the rings that are put on each other's fingers in the registry office, and those used in the church at. In the second case, the situation is more serious, and the idea of frivolously changing to something else just because you don’t like the decor is unlikely to be approved even by the most liberal priest.
However, there are options here as well. If you suddenly become allergic to gold or silver, then, of course, the church will not force you to risk your health.
After a secular marriage
So, if you didn’t get married, then the ring, although it remains an important symbol, is not shrouded in sacredness. The attitude towards the signs of the second spouse should be taken into account, and if it is quite serious, then it is probably better to choose something that is most suitable before the wedding in order to avoid conflicts.
In other cases, you may well interpret the change of jewelry not as something frightening, but, on the contrary, as confirmation that the family is prosperous and can afford previously inaccessible joys. 
Very often, young newlyweds choose fashionable rings with an abundance of decor, engraving, perhaps even an unusual shape in the form of a snake, scorpion or bird's foot. At 20 years old, such an accessory looks charming, but on the hand of an older person it may look overly pretentious.
In both cases, a new ring, for example, for a tenth wedding anniversary, is interpreted more as a positive sign. Your relationship, previously bright and innocent, has moved to a new level, become deeper, firmer and at the same time calmer, more mature.
After the wedding
If the rings lay on the altar and participated in the sacrament of the wedding, then the situation changes somewhat.
In the Orthodox tradition, it is believed that such jewelry carries protection and divine blessing for the family, as well as the promise of fidelity and love of spouses in the face of God. 
Such a ring, of course, cannot be replaced simply on a whim, but only out of severe necessity:
- if the ring is lost;
- spoiled;
- found to be allergic to metal.
With an increase or decrease in size, problems cannot arise. Wedding rings are necessarily made of gold and silver, which are easily adjusted in any jewelry workshop.
Advice! Before changing jewelry, be sure to consult with the priest. He will tell you how to do everything right from a religious point of view.
If lost or stolen
It is worth waiting a couple of days or arrange a general cleaning. Perhaps an important symbol just rolled somewhere.
If the loss is confirmed, then in such a case, even wedding rings can be replaced. At the same time, you can again give it to the priest, explaining the situation, and the decoration will again be placed on the altar. Sometimes in such a case, two rings are bought at once, and the remaining pair from the lost one is donated to the church for good deeds. 
As for secular wedding rings, the situation is simpler. If you definitely want a copy of the previous jewelry, one to one, then use the help of a good jeweler and create a custom ring. A real professional will cope even in the absence of photos, just clearly working through the sketch with you.
Another option is to use the trouble that happened as an opportunity to upgrade the ring to a more suitable one for your current relationship - gentle or, on the contrary, elegant.
Is it possible to shoot?
But it should be remembered that precious metals do not survive close contact with acids and alkalis, including those contained in ordinary cleaning products, do not become stronger from shock and salt water. Therefore, it is best to wash dishes with gloves, so you will not harm either the skin of your hands or the precious metal. 
If the jewelry has a complex protruding decor, then leaving it on the hand during hazardous production is contrary to safety.
Ultimately, everyone sets their own priorities, but it's always better to choose the middle ground, for example, temporarily remove the ring while swimming in the Black Sea or going to the pool.
Signs and superstitions
- A ring that has fallen in a church or in a registry office warns of possible separation or even death. To avoid problems, you should immediately thread an ordinary thread into it, which must be burned after marriage;
- You should not accept wedding or wedding rings as a gift from relatives, especially if their love story does not seem inspiring to you;
- Some signs go further and do not recommend accepting a gift in any case - take away happiness from past owners;
- A sleek engagement piece promises a smooth relationship. Any roughness on the surface of the decoration will invariably lead to conflicts;
- A lost ring is a threat to marriage. Various superstitions speak of treason or divorce, as well as death;
- But to find such a ring is a good sign, meaning an imminent marriage.
It is better to remember the positive aspects of the loss.
So, astrology believes that any significant thing that has disappeared is simply protecting us from more terrible troubles.- it is better to lose even the most beloved jewelry than to become seriously ill. However, it is recommended to choose a new ring that is not too similar to the old one. Let at least something, but different. 
The second indisputable plus is called psychologists. This is an opportunity to purchase a new beautiful decoration that emphasizes the status and wealth of the family. which will have a beneficial effect on the emotional psychological state.
Advice! If the problem is not in the loss, but in the fact that you don’t like the ring and want something new, then it’s worth discussing this issue with your loved one and jointly decide how to proceed.
Useful video
A wedding is a significant and sacred event in the life of every couple, covered with special mysticism and superstitions. There will be a lot about wedding rings, about some - in the video:
Conclusion
Whether to change the engagement ring is a personal choice for everyone. Someone, according to signs, considers this unacceptable, others create their own traditions, in which such a step is an extremely positive sign. The most important thing is that you and your soul mate should be comfortable with this decision, because rings are an important symbol, but they are not a priority than the relationship itself.
Everyone runs the risk of being in a situation where the purchased item needs to be returned or exchanged. And since sellers are not eager to part with money, disputes can arise that are not always resolved in favor of the buyer.
Today we will talk about how to act if you bought jewelry that turned out to be defective or just didn’t like it and you want to return it.
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○ What does the law say?
The circulation of precious metals is regulated by:
- Law of the Russian Federation "On currency regulation and currency control" dated 09.10.1992 No. 3615-1.
- Federal Law "On Precious Metals and Precious Stones" dated March 26, 1998 No. 41-FZ.
- Decree of the Government of the Russian Federation No. 643 dated June 18, 1999 “On the procedure for testing and hallmarking items made of precious metals” and other regulatory legal acts.
As a general rule, jewelry cannot be exchanged or returned. The seller should warn you about this when making a purchase. However, when purchasing this category of goods, the interests of buyers are also protected by the Consumer Protection Act (hereinafter referred to as the CPAA).
✔ zoZPP.
Despite the fact that this law provides for the possibility of exchanging or returning goods of good quality, this does not apply to jewelry.
They are included in the "List of non-food products of good quality that are not subject to return or exchange for similar goods of other sizes, shapes, dimensions, styles, colors or configurations", approved by Decree of the Government of the Russian Federation of January 19, 1998 No. 55.
Therefore, you can return jewelry to the store only if it is found to be defective.
The consumer, in case of detection of defects in the goods, if they were not specified by the seller, at his choice has the right to:
- Request a replacement for a product of the same brand (same model and (or) article).
- Request a replacement for the same product of a different brand (model, article) with a corresponding recalculation of the purchase price.
- Request a commensurate reduction in the purchase price.
- Demand immediate gratuitous elimination of product defects or reimbursement of expenses for their correction by the consumer or a third party.
- Refuse to fulfill the contract of sale and demand a refund of the amount paid for the goods. At the request of the seller and at his expense, the consumer must return the goods with defects (clause 1, article 18 of the Law of Ukraine).
○ What should be included with the jewelry?
In order for you to be able to return the product in the event of defects, you must have the appropriate documentation proving the authenticity of the product.
✔ Mandatory indication of the sample.
A seal is a special sign that is applied to a product made on the basis of precious metals. It consists of letters and numbers and indicates the quality of the alloy, which is determined by the ratio of the base metals in the jewelry. The presence of a seal guarantees that the product has passed state control and corresponds to the data indicated on it. Consider how to determine the meaning of numbers and letters on the selected decoration?
The numbers indicate the quality of the product and the percentage of gold content. The following types of samples are used in Russia:
- 375 - gold content 38%.
- 500 - gold content 50.5%.
- 585 - gold content 58.5%.
- 750 - gold content 75.5%.
- 958 - gold content 95.38%.
The letter means the state inspectorate that delivered the sample.
✔ Sealed tag.
A tag containing detailed information about the purchased product is attached to it with special seals from the manufacturer. This protects both the jewelry itself and the tag attached to it from fakes. That's why it's so important to only buy jewelry that has a sealed tag to ensure that the quality of the item is as advertised.
In addition, it is this small piece of paper that acts as the official certificate of the manufacturer and is a legal document. Therefore, if, upon purchase, the seller offers you to replace the tag with another document, this is a reason to be wary.
○ Can I return a ring or earrings within two weeks?
Jewelry cannot be returned to the store just because you came home and realized that they do not suit you. This type of goods is not subject to the right of return within 14 days, which is enshrined in the RFP. By law, you can only return an item if it is defective. However, many stores meet the needs of customers and give a few days to return or exchange. This is possible if, for example, the jewelry is purchased as a gift and the buyer doubts whether he guessed right with the size. This possibility must be discussed before making a purchase.
○ Is there a guarantee for jewelry?
The warranty for jewelry is set by the manufacturer and is indicated in the warranty card, which is issued at the time of purchase. If it is not listed, you have the right to return the defective product within 2 years.
○ Which product is considered to be of poor quality?
In order for you to be able to get a refund or exchange a product for a similar one, you need the product to be recognized as substandard. Let us consider how such a conclusion can be reached.
✔ Examination of jewelry.
In case of disagreement on the quality of the goods, an examination is carried out, the result of which is an official conclusion. It is held by the seller.
In the event of a dispute about the causes of defects in the goods, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer are obliged to conduct an examination of the goods at their own expense. 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 an examination in court (Part 3, Clause 5, Article 18 of the RFP).
✔ Who pays for the examination?
The seller pays for the examination, which is enshrined in Article 18 of the Law of the Russian Federation. But if, according to the results, it is revealed that the detected defects arose through the fault of the buyer, he is obliged to compensate for the cost of the examination.
If, as a result of the examination of the goods, it is established that its defects have arisen due to circumstances for which the seller (manufacturer) is not responsible, the consumer is obliged to reimburse the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer for the costs of conducting an examination, as well as related to its conduct. expenses for storage and transportation of goods (part 4, paragraph 5, article 18 of the Law of Ukraine).
✔ Examination period.
The amount of time that will be spent on the examination is determined by the presence of specific claims and the complexity of the procedure. On average, it takes from 10 days to a month. The warranty period for the goods is extended for the period required for the examination.