Myths and legends

Is it possible to return a piece of jewelry if the tag has been removed?

Buying jewelry in a jewelry store, such as chains, rings, bracelets or earrings, involves a lot of nuances that the consultant must take into account when helping the buyer with the choice. One of the criteria is an unmistakable knowledge of the size and characteristics of the physique (wide joint, high puncture in the earlobe, etc.).

However, even knowing all this, one should not exclude the possibility that the person being congratulated will not like the gift presented. And as the new owner, the person will express a desire to return the product to the seller based on the receipt and tag. Or exchange disassembled (when the tag and seal are cut off on a piece of jewelry sealed by the manufacturer) a product that was not worn for various reasons to another.

In order to regulate commodity-money relations between seller and buyer, a set of bills was adopted. We suggest finding out whether it is possible to return the jewelry to the store and familiarize yourself with the main points before investing in expensive items made of precious metals and stones.

Is it possible to return or exchange jewelry?

According to “Law on the Protection of Consumer Rights” (Article 25) и Resolution of the Russian Federation No. 55 of January 19.01. 1998 (ed. dated December 23.12.2016, XNUMX), jewelry is included in the list of non-food products that are not subject to return or exchange. But there are a number of cases when it is possible to make an exchange or refund for a product (Article 18 of Federal Law 2300-1). Next, we will clearly tell you whether jewelry is subject to exchange and return. In what case is this possible?

Law on Consumer Protection

The Consumer Protection Law clearly states that any product proper quality can be returned to the seller, provided that:

  1. Starting from the next calendar day after the date of purchase, 14 days have not passed;
  2. Has not been used, is in salable condition with all tags intact;
  3. The product did not fit for any reason – color, style, configuration, size;
  4. A prerequisite is the presence of a receipt confirming the purchase, date, time, name of the product.

Read also: Return of goods within 14 days without explanation according to the law

Otherwise, any purchased products are not subject to exchange or return, with the exception of options provided by the seller himself and agreed in advance. Documented confirmation in the buyer’s corner or on the sales receipt.

But, Decree No. 55 of 1998 a number of products have been approved that are not subject to the above law. Exception items include jewelry proper quality made of precious metals with various inserts of stones of natural and synthetic origin.

What jewelry can be returned?

Thus, the return of jewelry is legally possible, but only of inadequate quality made of gold, silver, or platinum. Simply put, having external or internal (hidden) manufacturing defect (marriage). Damage that occurred without the fault of the buyer during the warranty period of the product. For example, during a thorough re-examination, the client suddenly discovered on a silver, gold or platinum product:

  1. External damage that does not allow the jewelry to be worn or affects the aesthetics of its appearance – scratches, chips, cracks on the product or stone before its use;
  2. Unreliable fastening of the stone in the decoration, weak clasp, missing stone, prong (stone fastening foot), link, etc. non-working elements;
  3. The precious metal does not match the declared standard.

It follows that the return of jewelry in accordance with the Consumer Protection Law (Art. 18) is carried out if the acquisition has a similar production (factory) marriage.

Then the client has the right to demand from the seller:

  • eliminate damage and defects at the expense of the manufacturer or distributor of jewelry products;
  • exchange the product for a similar one (by article, size) or other suitable;
  • require the seller to reimburse costs for eliminating breakdowns and defects, if any. Be sure to present a confirmation receipt indicating the invoice amount and the name of the defects. Soldering material or other option used to repair the jewelry;
  • request the seller of the product to return the full price paid for the product.

In any case, it is possible to prove the cause of defects only through an examination or expert assessment. Based on the conclusion, disputes are resolved amicably between the seller and the buyer or in court.

How to return or exchange jewelry

If the purchased jewelry matches the list of goods improper quality or the seller made concessions to the buyer, in order to return the product back to the store, it is enough to fill out the form in 2 copies with a detailed indication of the reason and the desired result from terminating the transaction with the seller.

You must personally come to the place where the jewelry is sold to you with an identification document, product, packaging, warranty card (if issued), by check.

Next, the decoration goes through the stage of expert assessment or examination within 10 days from the date of filing the application, but not more than 30 calendar days. And a decision is made in the dispute based on the client’s application.

If the decoration does not fit

There are frequent cases of purchasing gifts made of precious metals without the participation of the hero of the occasion. In a jewelry store you will be offered an option that is more likely to fit without trying on – a pendant, a watch, cufflinks, a tie clip, a money clip, a car keychain, and the like, which does not require knowledge of individual sizes.

However, if the buyer is interested in a specific product and does not have knowledge about the necessary parameters of the desired jewelry, the seller is obliged to notify if the jewelry company does not offer returns and exchanges of jewelry proper quality.

If the product is defective

In this case, you have every right to demand a replacement product. This could include thin wedding rings that were deformed during testing, different color stones in earrings, uneven enamel coating in cufflinks, signets, and much more.

On the spot, in the store, you fill out the necessary forms, the person in charge will send one copy to the commission, sign the second one for you and give it to you (possibly with a receipt for the confiscation of the jewelry without compensation for monetary compensation until the commission makes a decision). Next, wait for confirmation on your question. After a phone call to agree on an exchange or return, come to the retail outlet where you purchased the product.

If it turns out that the jewelry is of poor quality and this is confirmed by an expert, you can get your money back or choose another product. If the cost of the new jewelry is lower than what was paid for, you must be given change for the difference in price. Or you can choose another item for the balance with the possibility of additional payment.

What to do if you are refused a return or exchange

If you have been legally refused to return or exchange quality jewelry, you have the right to challenge the commission’s decision in court. To do this, it is necessary to distinguish between two important concepts – expertise and expert assessment.

Jewelry examination

Carried out at the expense of the buyer. Purchase (decoration) are sent for examination to the Assay Supervision or other independent public or private structure for an expert opinion on identifying compliance or non-compliance with the declared standards and characteristics adopted at the legislative level (hallmark, ligature, metal color, correspondence of information on the tag with the product, inserts, etc.).

The procedure, as a rule, lasts up to 30 calendar days, excluding holidays and weekends.

Expert review

Carried out at the expense of the jewelry store. Thing (decoration) are sent to the manufacturing plant to specialists who draw up a report on the nature of the damage and the discrepancy between the characteristics of the declared product. Determine how the defect was formed. Due to the fault of the manufacturer or improper use by the buyer.

The processing time for an application and a written response is from 10 to 30 calendar days, excluding holidays and weekends.

Drawing up an appeal to evaluate a product for the commission

Lawyers recommend printing out a sample return/exchange form yourself or filling it out by hand in any form. But it would be more correct to fill out the application on the spot with an employee of the jewelry store using the prescribed form. Otherwise, your application has the right not to be accepted for consideration for expert assessment.

Please pay attention to the important aspects that must be displayed in the application, regardless of whether the product is of high quality or low quality, is handed over for consignment:

  1. Product weight. Permissible deviation from the set value is 0.03 g. This means that when purchasing a product, you have the right to request that it be weighed, approximately subtracting the weight of the seal and tag (because for the exact weight, they will not disassemble the goods for you). On different scales you will be able to observe fluctuations in the weight of the product from what is stated on the tag in the range of up to 0.03 g. This is considered acceptable.
  2. Length. This applies to chains, bracelets, watches, necklaces. Using a ruler, measure the length of the jewelry and check its compliance with that indicated on the tag. Or the size is for rings. Actual (measured with a ring gauge) and indicated on the tag.
  3. The sample on the product must correspond to that stated on the tag (visual inspection).
  4. Stone inserts, if any. The application indicates the classification – precious, semi-precious, synthetic. Depending on this, the characteristics of color, purity (for precious and semi-precious), number of inserts. The diamond is checked on site by a diamond tester. Express check for thermal conductivity without harm to the product, which allows you to distinguish a synthetic mineral from a natural diamond. Works on first-order precious stones – diamond, sapphire, ruby, emerald.
  5. Type of failure – a stretched link, a faulty lock, a stone fell out, a lost clasp, etc.
  6. The desired result of resolving the dispute is to exchange the product for a similar one, for an amount that is a multiple of the cost of the jewelry + additional payment or refund.

All these points are established directly in your presence during a visual inspection by the consultant or administrator responsible for accepting exchanges and returns.

Forms are filled out in the amount of 2 pieces indicating your personal data and contact phone number. It is necessary to have an identification document – passport, driver’s license.

Certify with signatures (yours and the person responsible) and the store’s seal. One copy remains with you, the second is sent with the product for commission.

Once the decision is made, you are required to be informed by telephone about the results.

When to go to court

If, based on the results of the expert assessment, you are not satisfied with the decision, you can challenge the conclusion in the Federal Court.

For example, you do not agree with the conclusion of the manufacturer’s experts that the deformation or breakage of the jewelry was your fault, but are sure that it was a manufacturing defect. Then you need to pick up the product, fill out the form again, attach a photocopy of the expert report and send it for a paid examination.

If your arguments are confirmed by an independent commission, with the results of an examination and expert opinion, you have every right to go to court to resolve the dispute.

But first, ask yourself how much you need such a headache. The costs of examination and litigation are extremely unprofitable and will exceed the actual cost of the product.

It is much easier to resell the product to a pawnshop or exchange it as scrap for a new one in another jewelry chain or store.

An exception would be if proving you are right is a matter of principle for you.

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