Is it possible to return the goods to the store if the receipt is lost, the lawyer answered
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Most stores offer a 14-day return guarantee. For this, it is enough to provide the check and the product itself in the proper form. However, can buyers return the product if they have lost the receipt for it?
“It is not surprising that most Ukrainians do not know whether it is possible to return the product without a receipt, because in stores they rarely openly talk about consumer rights. It is easiest to do this when there is a printed receipt. However, there are often cases when a person does not keep it. But even in this situation, there are chances of returning the product to the store,” the lawyer explains.
She adds that having a printed document will simplify the procedure and save a lot of time. But you should not worry if you lose the check, because the return procedure is possible even without it.
What does the law say about this procedure
The Law of Ukraine “On Protection of Consumer Rights” provides that within 14 days from the moment of purchase, a serviceable product, i.e. a product of proper quality that the buyer did not like for any reason, can be returned, accordingly receiving the funds spent on the purchase.
“However, in practice, not everyone dares to return such a product, if it is without defects or defects. The reason for this is most often legal ignorance and the not always polite behavior of sellers who do not want to make efforts to complete a transaction that does not increase, but decreases the volume of their sales,” Danylenko explains.
It is important that the goods must not be damaged or have visible signs of use, its product appearance, consumer properties, seals, labels must be preserved.
“At the checkout, you may be told that it is impossible to return the product without a receipt, but this is a direct violation of consumer rights. The procedure itself differs from the standard one in that you will have to prove the veracity of your own words regarding the purchase of goods from this particular seller,” the lawyer emphasizes.
In this case, eyewitness testimony, video from surveillance cameras, matching the barcode on the package with the seller's database, photo evidence, etc. will be useful.
Buyer action algorithm
“First, go to the cashier and explain that you bought the item from them, but lost the receipt and want to return it. Sometimes stores have developed regulations for such cases. The cashier can ask the customer to write a statement to receive a copy of the goods receipt in the name of the store director,” says Danylenko.
Stores that use cash registers are required to keep tapes with data on the sale of goods 3 years If it was not possible to agree with the administration or the check could not be found, you can ask to pick up the recording from the surveillance cameras.
“You should know that when buying goods in an online store, general return rules apply. However, sometimes the store administration does not meet the customer and does not agree to make a return. In this case, you will have to go to court,” the expert says.
How to prove the fact of a purchase without a receipt
Often when making a purchase, the client is given accompanying documents that can serve as proof in case of loss of the receipt. The important ones are:
- warranty card
- bar code on the package
- bonus card (will confirm the accrual of bonuses for the purchase)
- testimony of other buyers
- bank transaction, if payment was by card
- records from video surveillance cameras
- photo and video proof of purchase
“If you can prove, at least some of the listed evidence, the store administration will not have a reason to refuse to return the product,” says Danylenko.
Is it possible to return the product to the store if you lost the check: a lawyer's answer Testimony of other buyers and video camera recordings will help to prove that the product was purchased in this store (photo: Freepik)
What are the refund terms
When terminating the sales contract, settlements with the consumer are made based on the value of the product at the time of its purchase. The funds paid for the goods are returned to the consumer on the day of termination of the contract, and if it is impossible to return the money on the day of termination of the contract – at another time agreed by the parties, but no later than 7 days.
Which goods cannot be returned, even if the fact of purchase has been proved
“However, not all goods can be exchanged and returned. There is a list of products that cannot be exchanged or returned. The list of goods of proper quality that are not subject to exchange (return) is approved by the Decree of the Cabinet of Ministers of Ukraine of March 19, 1994 No. 172 “On the implementation of certain provisions of the Law of Ukraine “On the Protection of Consumer Rights”, so you should first make sure that the seller must accept the goods.
What to do if the store does not pay attention to any arguments
If the representative of the retail establishment does not accept any arguments:
- the fact of applying for a refund for the goods purchased in the retail network should be recorded, it is better to do it in writing
- if you are refused acceptance of the claim – it should be sent by post, registered letter or courier and keep proof of sending. Appeals are considered and resolved within a period of no more than 1 month from the date of their receipt
- after which, in the event of a negative reaction to a written appeal or its general disregard by the seller, an option for resolving the dispute may be – an appeal to the court
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You should know: consumers are exempt from paying court fees in cases related to the protection and renewal of their rights and have the right to apply to the court at the place of their registration, without being tied to the location of the defendant.
Having information about the scope of consumer rights, you will be able to prove your position to the seller with arguments, which, in most cases, increases the chances of resolving the issue even at the stage of pre-trial settlement.
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