Tips for stone care

Is it possible to exchange jewelry of good quality?

Return of jewelry in 2024 is possible in exceptional cases (for example, if the standard of silver or gold is incorrectly indicated, as well as if defects are detected). In rare cases, the seller and buyer can agree on a smooth exchange of jewelry of good quality (for example, under a loyalty program). However, in all other situations, expertise will be required. We will tell you how to return gold jewelry to the store (or silver) both pre-trial and in court.

The legislative framework

Jewelry can be returned to the store, but according to special rules. Art. 26.2 of the Law on the Protection of Consumer Rights indicates that the rules for the return of certain types of goods are established in special acts of the Government of the Russian Federation. Now the question of whether jewelry can be returned is regulated by Russian Government Decree No. 2463 of December 31, 2020 (clauses 46-51). Should gold jewelry be included in the list of items subject to return?
Yes, these are the same products as others
No, according to the law everything is fair
Voted: 0
Should gold jewelry be included in the list of items subject to return?

Yes, these are the same products as others 414
No, according to the law everything is fair 100
  • sort goods by purpose (for example, rings, earrings, necklaces, chains);
  • indicate the names of the jewelry, as well as the manufacturer (and if it is a foreign product, also indicate the country of origin);
  • indicate the total weight of the product, the type of metal from which it is made, including sample, weight, color, name of the precious stones, information and non-precious components;
  • purchase price.

If jewelry is made with artificial jewelry inserts, the indication “imitation” or “synthetic” is mandatory. If a gemstone has been subjected to technical processing, due to which its color or other quality characteristics have changed, it is mandatory to indicate this with the “refined” label.

The consumer has the right to ask the seller to weigh the jewelry to check whether its weight corresponds to the information stated on the tag.

Jewelry can only be sold with special consumer packaging.

Returning jewelry to a store when purchased remotely

If jewelry was purchased via the Internet or a teleshop, you can return it back only if the following conditions are met:

  • consumer properties and presentation are preserved;
  • there is a document that confirms that the buyer purchased the goods from this seller;
  • There was a whole consumer package left.

The absence of a document confirming the fact of purchasing “jewelry” from a specific seller does not deprive the buyer of the opportunity to make a return, but he will have to refer to other convincing evidence.

Often the same return rules are established when purchasing jewelry in person in a store.

Pay attention! If any of the above rules are not followed by the seller or manufacturer, the buyer has the right to refuse the product or return it.

Hand over jewelry of proper quality

It happens that a person bought, for example, a ring or earrings that meet all jewelry standards, but there was something he didn’t like—it didn’t fit a particular outfit, he didn’t like the shape, it was hard to wear due to the abundance of precious stones. In this case, many try to be guided by Part 1 of Art. 25 of the Law on Protection of Consumer Rights.

This article states that buyers can return a product of proper quality within 2 weeks, not counting the date of purchase, if it does not suit the configuration, shape, size, color or style.

However, it will not be possible to return the ring (or any other piece of jewelry) to the jewelry store on the basis of this law. The thing is that Decree of the Government of the Russian Federation No. 2463 dated December 31, 2020 approved a list of goods of proper quality that are not subject to return or exchange. includes “jewelry” and cut gemstones.

Victor did not know whether the gold could be returned to the store. He wanted to return the pectoral cross he had bought, because, in his opinion, this precious metal did not suit him energetically. He contacted the store where he purchased the religious symbol with a request to replace it with a silver one. However, Victor was denied this, since gold is on the list of goods that cannot be exchanged or returned.

Risks when returning defective goods

  • the characteristics of the purchase do not correspond to those stated on the tag (for example, it was said that the necklace was made of diamonds, but it turned out that it was rock crystal);
  • sample mismatch (the metal used to make the jewelry was of lower quality);
  • visible defects (for example, poor fastening of jewelry on a metal base, visible scratches and bends, a malfunction of the lock on earrings or a necklace, and others).

Unfortunately, returning gold or silver to a store, even if there are defects, is most often impossible without a professional examination. Within its framework, specialists will determine whether the product really has a defect in order to later issue a return or exchange. If a product has a warranty period, and the buyer does not like something about the product, he can file a claim with the seller. The latter will be obliged to prove that the jewelry is free of defects or, on the contrary, will reveal a defect.

Kadyrbaev Alen Shauketovich
Consumer Rights Protection Specialist • 9 years of experience
Ask a question

Returning jewelry to a store is a complex procedure, since the seller will need to prove (or disprove) that the goods are defective. Contact our lawyers to correctly file a claim with the seller and insist that he conduct an examination at his own expense.

What can you demand from the seller?

Returning jewelry purchased in a store if it is found to be defective requires that the seller take some specific action in relation to the buyer. The buyer may require:

  1. Refund of money paid and complete termination of the purchase and sale agreement. Art. 22 of the Consumer Protection Law obliges the seller to return the purchase price within 10 days after cancellation of the transaction.
  2. Repair a gold ring, necklace, earrings, bracelet or any other piece of jewelry for free. Part 1 art. 20 of the Law on the Protection of Consumer Rights obliges sellers, manufacturers, importers and other persons responsible for the product to carry out repairs within a period not exceeding 45 days. As a rule, the exact repair period is specified in the warranty agreement. You can also go the other way – repair the product yourself, and then demand compensation for expenses.
  3. Request a discount. This is a complex process, since you will have to evaluate how much the defect affected the final cost of the jewelry. If it was possible to reach an agreement with the seller, manufacturer or importer, the amount of the markdown is returned to the buyer within 10 days.
  4. Replace the product with an analogue one. This right is spelled out in Art. 21 of the Law on Protection of Consumer Rights. As a general rule, jewelry must be returned to the store for exchange for an analogue within 7 days. If the seller needs to check whether the product is truly defective, the replacement period is extended to 20 days. And if there are no analogues in the store, then the waiting period is 1 month.

Procedure for returning jewelry

To return gold to a store (or jewelry made from any other precious metal), you must first try to negotiate with the seller. If verbal agreements do not work, you will need to file a formal complaint. And if there is no answer to the claim, you will have to seek justice through the courts.

Kadyrbaev Alen Shauketovich
Consumer Rights Protection Specialist • 9 years of experience
Ask a question

If the seller, manufacturer or importer refuses to voluntarily meet you halfway, do not be afraid to defend your interests with more decisive measures. Our lawyers will file a claim, and if this does not help, they will go to court and forcefully return the gold back to the store (or any other jewelry), achieving compensation or exchange. Also, if necessary, our specialists will help you file a complaint with Rospotrebnadzor.

Making a claim

To return jewelry to a store, it is recommended to immediately file a formal claim. It must indicate:

  • information about the seller, manufacturer or importer (from the name of the organization to the address);
  • information about the applicant (filled in by analogy with information about the other party to the contract);
  • circumstances of the case (what kind of jewelry was purchased, in which store and at what time, what was the reason for returning the goods);
  • documents confirming the fact of purchase, as well as links to laws confirming your legal rights;
  • the essence of the requirements is a refund of the amount paid, a request for repairs, a discount, or a replacement of the product;
  • date and signature.

A response to a claim regarding the return of jewelry to a store must be received within 10 days. In it, the guilty party can agree with the buyer’s demands, refuse to satisfy them, or insist on an examination.

Photo: How to return jewelry to a store

Please review the claim form to return your jewelry.

Sample claim
Sample claim for the return of jewelry in 2024

Appointment of examination

Important! If the examination confirms that the seller, manufacturer or importer is right, the buyer will have to reimburse the costs of both organizing the expert assessment and storing and transporting the jewelry.

Filing a claim in court

If it was not possible to return the jewelry to the store (for example, the seller refused to conduct an examination at his own expense or unreasonably refused the buyer), you need to go to court. In addition to the requirements set out in the claim, a citizen through a claim will be able to:

  • collect a fine in the amount of 50% of the collection amount for the fact that the guilty party refused to voluntarily fulfill the buyer’s demands (Part 6 of Article 13 of the Law on the Protection of Consumer Rights);
  • demand compensation for moral damage;
  • collect a penalty for delay in fulfilling the buyer’s requirements (1% of the cost of the jewelry for each day of delay).

Check out the claim template to forcefully return a gold item to a store (or any other precious metal) and fulfill the buyer’s demands.

Judicial practice on jewelry repair

Sometimes citizens face problems not only with the return of gold items (or silver jewelry), but also with services when they need to be repaired. An unusual case was considered by the Pskov District Court.

The woman had earrings stuck in her ears and was unable to remove them on her own. She turned to the master for help. He promised to take off the earrings, but clarified that this was only possible if he broke the bow, but then it could be soldered. The owner of the jewelry agreed. However, in addition to the bow, the master also broke the topazes, which are components of the earrings.

The woman indicated that she would never have agreed to remove her earrings like that if she had known that the craftsman would damage the gemstone. She didn’t know why the specialist didn’t warn her about this outcome.

The woman asked to repair her damaged earrings. The master took a new job, but as a result, the jewelry became impossible to wear: instead of the damaged topaz, a new one, but of a different cut, was inserted. The precious metal also began to differ in color from the original. As a result, the woman had different earrings on her hands.

When the woman went to court to seek financial compensation, he took her side, pointing out that the master was obliged to warn the customer about the possible damage to the jewelry, since he is a professional in his field. The court recovered almost 100 thousand rubles from the master. in favor of the victim.

Frequent Questions

Is it possible to return defective jewelry purchased on credit with bank money?

Yes, this right does not disappear just because the goods were purchased with borrowed funds. However, the buyer will have to continue to pay the loan until the store (or the court) rules in your favor. The bank is not responsible for the quality of the goods; it only issued money for your personal purposes. Part 5 art. 24 of the Law on the Protection of Consumer Rights establishes that the buyer will be reimbursed for both the costs of obtaining a loan and the repaid loan amount. The outstanding portion of the loan will be transferred by the seller directly to the bank.

Is it possible to complain about a jewelry store to Rospotrebnadzor?

Yes, a citizen who is confident that a jewelry store has violated his rights (for example, by refusing to carry out an examination of a defective product at his own expense) can file a complaint with Rospotrebnadzor. The department will conduct a comprehensive audit of the organization and hold it accountable.

Is jewelry included in the list of goods that are not subject to exchange or return?

No, it’s not included. If you do not like the style, size, or color scheme of jewelry, you have the right to freely return it to the store within 14 days and demand that the product be replaced or the money spent be paid back.

Which court should I file a claim for the return of defective jewelry?

It depends on the cost of the jewelry. If it is less than 50 thousand rubles, and the general requirements (including fines, compensation for moral damage) do not exceed this amount, then the application is submitted to the magistrate. If the amount of claims exceeds 50 thousand rubles, then the claim is filed in a city or district court.

Expert opinion

As a general rule, jewelry cannot be returned if it is of proper quality. The exception is if the store itself provides such an opportunity (change or refund). You can return jewelry only if it is of poor quality. But the presence of a defect is most often confirmed only through an examination – its results will be the determining factor in satisfying the buyer’s demands for a replacement or refund for a low-quality product.

We publish only verified information

After purchasing, a person may find that the jewelry does not fit. Not everyone knows whether returns and exchanges of jewelry are possible. The law states that a person has the right to transfer the jewelry back to the salon. But there must be good reasons for this.

Legislation on trade in precious jewelry

The rules for the sale of jewelry are regulated by the Federal Law “On the Protection of Consumer Rights.” According to the law, in accordance with Article 26.2, the sale of jewelry made of silver and gold is carried out on the basis of the conditions established by the Government of the Russian Federation.

Resolution of the Government of the Russian Federation No. 55 reflects issues related to the sale of jewelry. Chapter 7 of the document is devoted to this topic.

The law states that the sale of jewelry products is possible if they meet several criteria:

  1. The product must bear hallmarks. The requirement is imposed regardless of whether the jewelry is foreign or locally made.
  2. There must be an imprint of the names. The rule applies to products manufactured in Russia.
  3. You can sell gold products and silver products whose weight does not exceed 3 grams, in the absence of an assay mark.
  4. There must be certificates for precious stones.
  5. Before the jewelry is put on display, it is thoroughly inspected. It is important to check for special marks and absence of defects.
  6. A product with stones of special value must be placed in special packaging.
  7. Weighing of jewelry, if required by the buyer, is carried out in his presence.
  8. All information about the product is reflected in the cash register or sales receipt.

The law also reflects the requirements for information provided about jewelry.

The following must be written on the label:

  • product name;
  • manufacturing company;
  • material of manufacture;
  • article;
  • try;
  • number of grams;
  • cost of 1 gram of product.

If there are non-precious stones, the information is also reflected on the label.

Are jewelry returns and exchanges allowed?

The rules for the return and exchange of goods not related to food are prescribed by law. Article 18 of the PLA sets out the rules for transferring jewelry back to the store.

Reference! Transfer of jewelry is possible only if defects are identified that the person was not aware of at the time of purchase. In this case, you can send a claim to the seller.

In accordance with Decree of the Government of the Russian Federation No. 55 of January 19.01.1998, XNUMX, it will not be possible to return jewelry of proper quality if the size does not fit, or the jewelry is not liked.

An exchange or refund is available if the product has a manufacturing defect or a breakdown that was not the fault of the buyer. The procedure is carried out during the warranty period.

Reasons for return and exchange

In stores you can often find a sign stating that jewelry cannot be exchanged or returned. This statement applies only to quality products.

If the product is of poor quality or defective, it can be returned to the store.

The decoration will not comply with GOST and may be returned if the following are noted:

  • lack of a branded sample (for non-original goods);
  • discrepancy with the hallmark reflected on the tag (the gold ring in fact turns out to be gold-plated);
  • loss of precious stones and inserts from the product;
  • breakdown of watches or jewelry before the expiration of the warranty period;
  • detection of defects on bracelets, chains: falling out links, broken lock, clasp.

What requirements can be presented to the seller?

Due to a marriage, on the basis of the law, the consumer may, at his discretion, make a demand to the seller:

  • replace a precious item with a new one of a similar model;
  • replace the decoration with another one and then recalculate the cost;
  • reduce the price due to defects;
  • demand that the seller eliminate the defect;
  • compensate for the expenses incurred by the citizen in independently eliminating the defect;
  • return money for the goods.

Based on Article 18 of the PZPP, if a gold or silver item does not fit in size, style, or color, it is impossible to transfer it back.

How to make a return or exchange?

Based on Article 476 of the Civil Code of the Russian Federation, the seller should not be held liable for damage that occurs after the sale. Refunds are made only if a manufacturing defect is identified.

You need to transfer goods of poor quality to a salon or store in several stages:

  1. It is necessary to check whether the sales receipt and the tag from the product have been preserved.
  2. You need to have your passport ready to confirm your identity.
  3. You need to contact the store with documents and the product.
  4. A claim is made on the spot. The document states a request to exchange or return the product.
  5. You must wait for a response after the complaint has been reviewed.

In accordance with the PLA, a response to a claim is given within 30 days. After this, the buyer is informed of the decision: to satisfy the requirements or refuse.

Attention! It is necessary to make two copies of the claim. The document that remains in the hands of the citizen must bear an acceptance mark. If there is an unlawful refusal or lack of response, you can go to court.

You can submit a claim in person by contacting the salon. It is also possible to send the document by mail. To confirm that the complaint has been received, a registered letter with acknowledgment of receipt is sent.

When is the examination carried out?

The seller has the right to submit the product for examination. Based on its results, a decision is made: the defect was caused by the fault of the manufacturer or the defect was caused by the buyer.

Depending on the result, a decision is made whether to accept the product back, return the money, or replace it with a similar one. The claim may also be denied.

The buyer himself has the right to initiate an examination. This is necessary if the seller refuses to acknowledge the fact of the defect. If it is confirmed that the defect is a manufacturing defect, the buyer can recover from the seller compensation for expenses for this service.

As a result of the examination it can be proven that:

  • the product has visible or hidden defects;
  • decoration of inadequate quality;
  • the characteristics of the product do not match those stated in the documents.

If a forgery is detected, the results of the examination must be transferred to the Antimonopoly Service.

What is the time frame for returns?

Return periods are determined from the date of purchase. The product must be returned immediately after a defect is discovered.

The law regulates the period during which the procedure is carried out:

  1. If a visible defect is found, returns will be made within 14 days.
  2. If the defect turns out to be hidden, the buyer has 6 months to return it.

You also need to focus on the warranty period. It is usually installed by the manufacturer. If there is no such date, the seller has the right to independently indicate it. If the mark is not made, the law sets a period of two years for appeal.

When will the money be returned?

If an exchange is made products for high quality, exchange can be made same day or within the period agreed upon by the parties. It is worth checking if a similar decoration is available.

If a return is made The seller has 10 days to receive funds. This rule applies to purchases made by bank transfer. If the buyer paid for the goods in cash, the funds can be returned immediately.

Reasons for refusal to return

Store employees may refuse to return or exchange goods.

This is possible if the buyer violates legal regulations:

  • application deadlines;
  • causing a defect after the purchase of the goods by the buyer himself;
  • expiration of the warranty period for products made of gold and silver.

If the buyer has complied with all the requirements, the seller has no right to refuse. If the store’s decision is unfounded, you can contact Rospotrebnadzor or the judicial authorities.

Trial

The seller is obliged by law to respond to the claim presented to him. If no response is received or the decision does not satisfy the citizen, he can appeal to the judicial authorities.

These cases have a statute of limitations. It is 1 year from the date of discovery of defects.

Additionally, the buyer may require the seller to compensate for:

  • moral damage;
  • expenses incurred for the examination;
  • other costs.

The claim is filed with the judicial authorities located at the location of the store or registration of the legal entity. The state duty is not paid if the amount of the claim exceeds 1 million rubles.

Returns of jewelry of proper quality are not possible.. Only products with manufacturing defects or visible defects discovered after purchase can be exchanged or returned to the store. The seller cannot refuse to return a defective product. The buyer may apply to the judicial authorities.

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