Return or exchange of goods purchased from the online store

04.11.2017 | Legal

Each of us at least once ordered the goods in the online store and was not always fully satisfied with the purchase, and, perhaps, expressed a categorical discontent, buying a “cat in a poke”.

Unfortunately, the refusal of a refund of money or exchange of goods from an online store is quite a common and actual problem for clients.

We propose to understand and establish your basic actions in the event of receiving goods of the very opposite content / form / size / quantity, etc, than what you were looking forward to. But to start a little theory.

According to Article 4 of the Law of Ukraine “On Protection of Consumer Rights”, consumers during the acquisition, ordering or use of products sold in the territory of Ukraine to satisfy their personal needs are entitled to:

1) protection of their rights by the state;
2) the proper quality of products and services;
3) product safety;
4) necessary, accessible, reliable and timely information about the product, its quantity, quality, assortment, as well as its producer (performer, seller);
5) compensation for property and moral damage caused by defects in production (defect in products), in accordance with the law;
6) appeal to the court and other authorized state bodies for the protection of violated rights;
7) the merger into public organizations of consumers (consumer associations).

According to Article 9 of the Law of Ukraine “On Protection of Consumer Rights”, a consumer has the right to exchange non-food goods of appropriate quality for a similar one from the seller from whom he was acquired, if the goods did not satisfy him in form, size, shape, color, size or other reasons and can not be used for its intended purpose.

The buyer has the right to exchange goods of proper quality within 14 days, not counting the day of purchase, unless a longer period is declared by the seller.

The exchange of goods of proper quality is made if it has not been used and if its presentation, consumer properties, seals, labels, as well as a settlement document issued to the consumer along with the goods sold are preserved.

The seller must return the paid money without delay not later than 30 days from the moment of notification by the consumer about the termination of the contract.

If there is no similar product to replace, the buyer has the right to choose, namely:

– purchase any other goods from the available range with the appropriate cost recalculation;
– terminate the contract and receive back the money in the amount of the value of the returned goods;
– to make an exchange of goods for the same at the first receipt of the corresponding goods for sale.

When the purchase agreement is terminated, settlements with the consumer are made based on the value of the goods at the time of purchase. The money paid for the goods is returned to the consumer on the day of termination of the contract, and in case of impossibility to return the money on the day of termination of the contract – in another term by agreement of the parties, but not later than within seven days.

In other words, if you are disappointed with the purchase, you have the full right to return or exchange the goods, and the seller, in turn, must return the money or make a proper replacement in the terms established by law.

Order of the Ministry of Economy of Ukraine No. 103 dated April 19, 2007 “On Approval of the Rules for the Sale of Goods to Order and Outside of Commercial and Office Premises” regulates that the consumer has the right to terminate the contract concluded outside commercial and office premises, subject to notification to the seller within 14 days from the date of receipt of the document certifying the fact of the transaction outside the commercial or office premises, or the acceptance of the goods, or the first delivery of such goods, provided that such goods are a thing, and the acceptance or delivery of the goods happens later than the time of receipt by the consumer of the document on their sale.

The seller must return the paid money without delay not later than 30 days from the moment of notification by the consumer about the termination of the contract. The consumer has the right not to return the goods until the amount of money paid back to him.

There is a list of goods that can not be exchanged, returned, as well as a list of seasonal goods whose guarantee terms are calculated from the beginning of the relevant season.

Return or exchange of goods in the online store does not always happen in conflict. It is enough to call or write a message to the e-mail box of the store, explain the situation and reach a compromise guaranteed.

But if this is not your case, you must act according to the following scheme:

1) draw up a reasoned written claim in two copies in the name of the seller with a demand to return or exchange the goods to which the payment confirmation (goods receipt, receipt, etc.) is attached;
2) send one copy of the claim directly to the store, and at the second one – ask the employee (manager, administrator) to put the signature and leave this copy as confirmation of receipt;
3) if the representative of the store refuses to sign the claim and / or receive it, it is necessary to send a valuable letter with the inventory of the investment and notification;
3) the seller should consider the claim not later than 30 days from the moment of notification of termination of the contract by you;
4) demand from the seller an address where he can return or exchange the goods;
5) if your requirements are ignored or not satisfied within the statutory period, you can apply to the court and other authorized bodies.

For infringement of the legislation on protection of the rights of consumers fines are provided.

We also want to focus your attention on the following.

Resolution of Cabinet of Ministers of Ukraine No. 172 of 19.03.1994 “On the Implementation of Certain Provisions of the Law of Ukraine” On Protection of Consumer Rights “approved a list of goods that can not be exchanged, returned, as well as a list of seasonal goods whose guarantee terms are calculated from the beginning of the relevant season.

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