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Can I exchange jewelry if it doesn t fit?

Returning jewelry has its own nuances. Not everything can be returned to the seller and not always. We talk about the nuances and specifics of communication with the seller. Jewelry is usually chosen carefully, but it can also turn out to be defective. It’s even more difficult with gifts – you may simply not like them. Customers often wonder whether jewelry can be returned. Our experts tell us.

Can I return jewelry to a store?

It is impossible to refuse serviceable, non-defective jewelry. This is indicated in the law “On the Protection of Consumer Rights” and the List of non-food products of good quality that are not subject to exchange, approved by Decree of the Government of the Russian Federation of December 31, 2020 No. 2463: jewelry and other products made of precious metals and (or) precious stones, faceted precious stones stones are not subject to exchange on the grounds specified in Art. 25 of the Law (if the product does not fit in shape, dimensions, style, color, size or configuration). Therefore, if you bought jewelry and then realized that you don’t like it, one of the possible options is to sell it second-hand.

In what cases can jewelry not be returned?

In all cases, except for the discovery of a defect or forgery on the part of the seller (if the buyer was provided with false information about the product upon purchase, or was sold a fake under the guise of jewelry, an item whose characteristics do not correspond to those indicated on the label or price tag in the store). Moreover, this rule applies to both factory-made jewelry and those made to order.

Return of jewelry due to marriage

But if a piece of jewelry is found to be defective, it can and should be returned to the seller to get your money back. This can be done while the jewelry warranty is valid. What is considered marriage? Broken fittings, poorly held stones, bends, defects in metal, etc.

Carrying out an examination

If the seller has doubts that the defect is a factory defect and did not arise through the fault of the buyer, then it may be necessary to conduct an examination. In this case, the return of jewelry will be somewhat delayed. As a general rule, the examination is carried out by the seller at his own expense, and the buyer can be present to make sure that everything is done fairly. If the examination proves that there is a manufacturing defect, the buyer, at his choice, can receive a similar, but high-quality decoration or money back.

What to do in case of refusal?

Claim for return of jewelry

If the seller refuses to return the money (does not want to conduct an examination or assures that the examination revealed the cause of the defect in the buyer’s actions), first of all you need to write a claim to the store. Prepare it in two copies, one will remain with you, and it must have a signature and seal confirming that the complaint has been accepted.

Trial

If, even after writing a complaint, the seller does not meet you halfway and does not take any action regarding your situation, you can go to court. In this case, you may have to conduct an independent examination to confirm your case. Also, if possible, collect evidence: receipts, photographs, witness statements, if any.

Is jewelry returnable?

  • consumer rights
  • shop

Jewelry can be an excellent gift for yourself or a loved one.

But you should approach their choice very carefully, especially if you decide to make a surprise. After all, if the gift does not fit in size or simply does not suit your taste, then returning it will not be so easy.

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Table of contents

  • Can I return jewelry to the store?
  • How to return jewelry to an online store?
  • When can I return jewelry to an online store?

Can I return jewelry to the store?

Let’s consider two situations:

  • when the jewelry turned out to be of inadequate quality (there is a defect);
  • when the decoration does not fit in shape, color or size.

You have discovered flaws (defects) in the decoration

Requirements for the quality of jewelry are established by two GOSTs:

  • GOST R 53197-2008 “Sampling of alloys based on precious metals”;
  • GOST R 53196-2008 “Coatings with gold-based alloys”.

Some points are also enshrined in GOST 117-3-002-95 “Industry standard. Jewelry made of precious metals” (this document is advisory in nature).

The sale of products made of precious stones and (or) precious metals to citizens is regulated by the Law on the Protection of Consumer Rights, taking into account the features contained in paragraphs. 46 – 51 Rules for the sale of certain types of goods under a retail purchase and sale agreement (approved by Decree of the Government of the Russian Federation of December 31.12.2020, 2463 No. XNUMX).

The sale of jewelry subject to hallmarking is permitted only if such products have imprints of state assay marks, as well as imprints of name marks – manufacturer’s marks (for Russian-made products).

At the same time, the sale of Russian-made silver jewelry without the imprint of a state hallmark is allowed.

Cut gemstones can be sold only if the store has a certificate for each such stone (clause 46 of the Rules for the sale of certain types of goods under a retail purchase and sale agreement).

Jewelry offered for sale must have sealed labels indicating:

  • name of the product and its manufacturer (or importer and country of origin of the jewelry);
  • article and (or) model;
  • total weight of the product;
  • product size (for rings, bracelets, chains);
  • names of the precious metal and its fineness;
  • product prices.

Jewelry must be sold in consumer packaging.

Thus, when transferring the product to the buyer, the seller is obliged to check the compliance of the jewelry with the data indicated on the label, and if it is a cut gemstone, then with the data in the certificate.

You have the right to ask the seller to weigh the jewelry to ensure it meets the specified specifications.

If after purchase you find defects in the jewelry (for example, a stone has fallen out, the clasp on the pendant has broken, etc.), you have the right to contact the store with a demand of your choice (Article 18 of the Consumer Rights Protection Law):

  • replace the product with the same or similar one (with a corresponding recalculation of the purchase price);
  • reduce the purchase price of the product;
  • immediately eliminate defects in the goods or reimburse the costs of self-repair or repairs from third parties;
  • refuse the product and demand a refund of the money paid for it.

You can contact the seller with a request for an exchange or return of low-quality jewelry within the warranty period.

The law does not establish specific warranty periods for jewelry, so the seller makes the decision on this independently.

If such a period is not established, then, in accordance with Article 19 of the PZPP, it is allowed to present a claim related to a shortage of goods within a reasonable time, but within two years from the date the jewelry was transferred to you.

If you decide to return the product, the store is obliged to satisfy your request and return the money within 10 days from the date of filing the claim.

Do you already have specific questions regarding returning goods? We recommend using our ready-made “Return goods” solution, where the system itself will tell you what you can demand and ask from the seller. You can also contact DestraLegal lawyers through the form below; just answer a few simple questions regarding your situation.

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The jewelry did not fit in size, color, shape

As a general rule, goods of good quality can be exchanged within 14 days if they do not suit the shape, dimensions, color, style, size or configuration. But there are exceptions to this rule. Read more about them in our article “Items that cannot be returned.”

If you bought jewelry in a regular store, it is of high quality, but it does not fit in size, shape, or color, then You cannot return it within 14 days and get your money back..

It’s all about Article 25 of the Law of the Russian Federation and the Decree of the Government of the Russian Federation dated December 31.12.2020, 2463 No. XNUMX, which establishes a list of non-food products of good quality that are not subject to exchange (return).

This list includes jewelry and other products made of precious stones, cut precious stones (item 8).

How to return jewelry to an online store?

Previously, in judicial practice there was no uniformity on the question of whether it is possible to return non-food products of good quality that are included in the List of goods that are not subject to exchange (return) if they were purchased via the Internet.

According to this clause, when selling remotely (i.e. via the Internet), jewelry, certified faceted gemstones of proper quality can be returned subject to a number of conditions:

  • the presentation of the product and its consumer properties are preserved;
  • there is a document confirming the fact and terms of purchase (in the absence of a receipt, the buyer has the right to refer to other evidence of the purchase of jewelry from this seller);
  • consumer packaging has been preserved (in the case of jewelry, the presence of packaging is a prerequisite, as it is prescribed in the regulatory act).

Believe me, when purchasing remotely, it is difficult to encounter unsolvable situations. Typically, buyers are reluctant to argue and prove their claims themselves. DestraLegal lawyers will easily advise you and answer any questions you may have. To do this, fill out the “Return goods” form.

When can I return jewelry to an online store?

According to the rules of online trading, you can refuse a product at any time before its delivery (clause 4 of Article 26.1 of the Law on the Protection of Consumer Rights).

This is your right by law, and the online store’s arguments that the order has already been placed should not confuse you.

If after receiving your order you realize that you don’t like the ring or brooch or it doesn’t suit you, then you shouldn’t delay returning it, because the law provides only 7 days.

However, some stores may extend this period at their discretion (information should be found on the online store’s website).

Please note that the reason for the refusal is not important here: there is no connection to an unsuitable form or configuration, as is the case when purchasing in a regular store.

But if, along with your order, you were not provided with information in writing about the procedure and timing for returning goods of proper quality, then you have the right to refuse the jewelry within three months from the date of transfer.

To refuse a product, you need to prepare a written claim (you can write it in free form or use the online form on the online store website).

If you make a claim yourself, do not forget to include:

  • Your details (full name, contact details, bank details for refund);
  • Seller details (address, details);
  • Description of the product with its cost, date of purchase, delivery;
  • Your requirement.

Please attach a document confirming payment for the goods (a copy of the receipt or an extract from the bank’s mobile application) to the claim. If you are filling out an online form, it is better to take screenshots of the form with the date and time of completion.

Check with the seller about the procedure for returning goods. Most often there are four possible options:

  • return the goods by mail (after receiving the track number of the return application on the store’s website);
  • return to the order pick-up point;
  • return to the parcel locker;
  • hand over to the courier.

When refusing a piece of jewelry, the seller is legally obligated to return your money (excluding the seller’s costs for delivering the goods from you back to the warehouse) no later than 10 days from the date of presentation of such a request.

If you still have questions, use the “Return a Product” form, which will ask you a few simple questions. After filling out the form, a lawyer will contact you, who will easily conduct a consultation and offer a solution to the dispute.

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We wish you only successful shopping!

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