Myths and legends

What jewelry cannot be returned?

According to the Decree of the Government of the Russian Federation of December 31, 2020 No. 2463 “On approval of the Rules for the sale of goods under a retail purchase and sale agreement, a list of durable goods that are not subject to the consumer’s requirement for the free provision of goods with the same basic consumer properties, the period for repair or replacement of such goods, and the list of non-food products of adequate quality that are not subject to exchange, as well as amendments to certain acts of the Government of the Russian Federation” Jewelry purchased in stationary jewelry stores cannot be exchanged or returned. Products purchased remotely, on the Internet, are subject to return. For jewelry and other products made of precious metals and (or) precious stones, cut precious stones The consumer’s requirement to provide him with goods free of charge does not applyand, possessing the same basic consumer properties, for the period of repair or replacement of such a product – in accordance with paragraph 6 approved by Decree of the Government of the Russian Federation dated December 31, 2020 No. 2463 “The list of durable goods that are not subject to the consumer’s requirement to provide him with a product with the same basic consumer properties free of charge for the period of repair or replacement of such a product.” Jewelry and other products made of precious metals and (or) precious stones, cut precious stones cannot be exchanged according to paragraph 9 approved by Decree of the Government of the Russian Federation dated December 31, 2020 No. 2463 “List of non-food products of adequate quality that are not subject to exchange.”

Excerpts from the new Rules sales of goods under a retail purchase and sale agreement

General rules for the sale of goods under a retail purchase and sale agreement 1. These Rules have been developed in accordance with the Law of the Russian Federation “On the Protection of Consumer Rights” and regulate relations between sellers and consumers when selling goods under a retail purchase and sale agreement, including relations between sellers and consumers when selling goods remotely. 2. At retail facilities (except for places that are determined by the seller and are not intended for free access by consumers), it is not allowed to restrict the rights of consumers to search and receive any information in any form from any source, including by photographing the product, unless such actions violate the requirements of the legislation of the Russian Federation and international treaties of the Russian Federation. When selling goods, the consumer is given the opportunity to familiarize himself with the necessary goods independently or with the help of the seller. 3. The seller is obliged to ensure the availability of price tags for the goods sold, indicating the name of the goods, the price per unit of goods or per unit of measurement of the goods (weight (net weight), length, etc.). 4. When the seller sells goods that can be measured, the seller is obliged to use measuring instruments that are in good condition and comply with the requirements of the legislation of the Russian Federation on ensuring the uniformity of measurements. In the case of a seller selling a product, the price of which is determined on the basis of the price set by the seller for a unit of measurement of the product (weight (net mass), length, etc.), means must be installed in an accessible place for the consumer to check the correctness of the price and measurement of the purchased product at the point of sale. measurements that are in good condition and comply with the requirements of the legislation of the Russian Federation on ensuring the uniformity of measurements. 5. If a consumer complaint is received, the seller sends him a response regarding the stated requirements. 6. In cases where these Rules provide for the seller’s obligation to provide the consumer with a cash or sales receipt, such obligation is recognized as fulfilled also when sending a cash or sales receipt to the consumer using electronic and other technical means, unless otherwise provided by federal law. 7. When carrying out retail trade at the consumer’s location outside of retail facilities by directly familiarizing the consumer with the product (at home, at the place of work and school, in transport, on the street and in other places), the sale of food products without consumer packaging is not allowed, as well as medicines, medical products, jewelry and other products made of precious metals and (or) precious stones. 8. The sale of goods subject to veterinary control (supervision) is carried out in the presence of a veterinary accompanying document drawn up in accordance with Article 2 3 of the Law of the Russian Federation “On Veterinary Medicine”. 9. The sale of goods is carried out using cash register equipment in accordance with the Federal Law “On the use of cash register equipment when making payments in the Russian Federation”. 10. The introduction of restrictions and prohibitions on the sale of goods is permitted only in cases provided for by federal laws. 11. These Rules are brought to the attention of consumers by the seller in a clear and accessible form.

Rules for the sale of goods during the remote method of selling goods under a retail purchase and sale agreement

12. When selling goods remotely, the seller is obliged to enter into a retail purchase and sale agreement with any person who has expressed an intention to purchase the goods on the terms of the offer. 13. The seller’s obligations to transfer the goods and other obligations related to the transfer of the goods arise from the moment the seller receives the consumer’s message about the intention to enter into a retail purchase and sale agreement, unless the seller’s offer contains another condition regarding the moment the seller becomes obligated to transfer the goods to the consumer. A retail purchase and sale agreement is considered concluded from the moment the seller issues to the consumer a cash or sales receipt or other document confirming payment for the goods, or from the moment the seller receives a message from the consumer about the intention to conclude a retail purchase and sale agreement. 14. When selling goods remotely using the information and telecommunications network “Internet” (hereinafter referred to as the “Internet”) and (or) programs for electronic computers, the seller provides the consumer with confirmation of the conclusion of a retail purchase and sale agreement on the terms of the offer, which contains essential the terms of this agreement, after the seller receives a message from the consumer about the intention to enter into a retail purchase and sale agreement. This confirmation must contain the order number or another method of identifying the order, which allows the consumer to obtain information about the concluded retail purchase and sale agreement and its terms. 15. The seller or a person authorized by him has the right to familiarize the consumer who has entered into a retail purchase and sale agreement by remote means of selling goods with the purchased goods before it is transferred to the consumer. 16. A product is recognized as not intended for sale by a remote method of selling a product if the sale of the product on a website and (or) a website page on the Internet and (or) in a program for electronic computers implies preliminary agreement on the terms of a retail purchase and sale agreement, including coordination of the availability, name and quantity of goods, as well as in other cases when the seller has clearly determined that the relevant goods are not intended for sale by remote sales of goods. 17. When selling goods remotely using the Internet, the seller is obliged to ensure that the consumer can familiarize himself with the offer by posting it on the website and (or) website page on the Internet and (or) in a program for electronic computers, if by agreement There is no other procedure for fulfilling such an obligation between the seller and the owner of the aggregator. 18. When selling goods remotely, the seller provides the consumer with complete and reliable information characterizing the product offered by posting it on the website and (or) website page on the Internet, and (or) in a program for electronic computers, and (or ) in communications (television, postal, radio communications, etc.), and (or) in catalogues, booklets, prospectuses, photographs or other information materials. The seller’s obligation, provided for in paragraph 3 of Article 261 of the Law of the Russian Federation “On the Protection of Consumer Rights,” is also recognized as fulfilled if information is provided to the consumer using electronic and other technical means. 19. Legal entities registered on the territory of the Russian Federation and selling goods by remote means of selling goods on the territory of the Russian Federation are required to indicate the full company name (name), main state registration number, address and location, email address and (or) number phone. Individual entrepreneurs registered on the territory of the Russian Federation and selling goods by remote means of selling goods on the territory of the Russian Federation are required to indicate their last name, first name, patronymic (if any), main state registration number, email address and (or) telephone number. This information is communicated to the consumer by posting it on the website (if available) and (or) the website page on the Internet (if available), as well as in a program for electronic computers (if available). 20. The delivered goods are transferred to the consumer at the address specified by him, and in the absence of the consumer – to any person who provided information about the order number, or other (including electronic) confirmation of the conclusion of a retail sales contract or placing an order, unless otherwise provided by the legislation of the Russian Federation Federation or retail purchase and sale agreement. If the delivery of the goods was made within the terms established by the retail purchase and sale agreement, but the goods were not transferred to the consumer through his fault, subsequent delivery is made within a new time frame agreed with the seller, under the conditions stipulated by the retail purchase and sale agreement. 21. The seller informs the consumer in the manner prescribed by paragraph three of clause 19 of these Rules, information about the form and methods of filing claims. If such information is not provided by the seller, the consumer has the right to file a claim in any form and by any means. 22. When selling goods remotely, the seller’s obligation to return the amount of money paid by the consumer under a retail purchase and sale agreement arises in accordance with paragraph 4 of Article 26 1 of the Law of the Russian Federation “On the Protection of Consumer Rights”. 23. The costs of returning the amount paid by the consumer in accordance with the retail purchase and sale agreement for goods of inadequate quality are borne by the seller. In other cases, the distribution of these costs is determined by the offer. 24. Payment for goods by the consumer by transferring funds to the account of a third party specified by the seller does not relieve the seller of the obligation to return the amount paid by the consumer when the consumer returns goods of either proper or inadequate quality. 25. Identification of the consumer for the purpose of concluding and (or) executing a retail purchase and sale agreement using the Internet can be carried out, inter alia, using the federal state information system “Unified System of Identification and Authentication in the infrastructure that ensures information and technological interaction of information systems used to provide state and municipal services in electronic form”, if the need for such identification is provided for by the legislation of the Russian Federation. Advertisement 26 No. 16 “On approval of the Rules for issuing permits for remote retail trade of medicinal products for medical use, implementation of such trade and delivery of these medicinal products to citizens and amendments to certain acts of the Government of the Russian Federation on the issue of retail trade of medicinal products for medical use remotely.” 27. The requirements established by the second paragraph of clause 2, clauses 4, 37, 56, 64 and 67 of these Rules do not apply to the relationship between the seller and the consumer when selling goods by remote means of selling goods.

Rules for the sale of non-food products accepted on commission

32. Commission trade in goods that are withdrawn from circulation, the retail sale of which is prohibited or limited, precious metals and precious stones (except for jewelry and other products made of precious metals and (or) precious stones and cut certified precious stones), goods for prevention and treatment of diseases at home, personal hygiene items, sewing and knitted linen products, hosiery products, products and materials in contact with food, made of polymer materials, including for single use, household chemicals and medicines. 33. When selling non-food products accepted on commission, the seller ensures that the product has a label containing: a) information characterizing the condition of the goods (new, used, defects of the goods); b) information on confirmation of product compliance with established requirements, as well as expiration date and (or) service life. If such information is missing, the seller is obliged to provide the consumer with information that the product’s compliance with the established requirements must be confirmed, an expiration date or service life must be established for it, but information about this is missing. 34. When transferring the goods to the consumer, the set of accessories installed by the manufacturer (if any) and documents containing information on the rules and conditions for the safe use of the goods (if available) are simultaneously transferred. Along with the product for which the warranty period has been established, if it has not expired, the consumer (if available from the seller) is given the relevant technical and (or) operational documents (technical passport or other document replacing it, operating instructions), as well as a warranty card for a product confirming the consumer’s right to use the remaining warranty period.

Features of selling jewelry and other products from precious metals and (or) precious stones

46. ​​The sale of jewelry and other products made of precious metals produced in the Russian Federation, imported into its territory, subject to testing, analysis and branding, is carried out only if these products have imprints of state assay marks, as well as imprints of name marks (for Russian-made products) . The sale of jewelry and other silver products made in Russia without the imprint of a state hallmark is allowed. The sale of cut gemstones is carried out only if there is a certificate for each such stone. 47. Information about jewelry and other products made of precious metals and (or) precious stones offered for sale, as well as cut precious stones, must contain extracts from regulatory legal acts establishing the procedure for testing, analyzing and marking jewelry and other products made from precious metals and certification of precious stones. 48. Jewelry and other products made of precious metals and (or) precious stones put up for sale must be grouped according to their purpose and have sealed labels indicating the name of the product and its manufacturer (or importer and country of origin (manufacturing) of the product), article number and (or) model, total weight of the product, name of the precious metal and its fineness, name, weight, cut shape and quality and color characteristics of precious stone inserts, names of inserts not related to precious stones, as well as the price of the product. If a precious stone set in a piece of jewelry has undergone processing that has changed the quality and color characteristics of the precious stone, the labels of the jewelry must contain information along with the name of the precious stone inserts – “refined”. If the insert fixed in a piece of jewelry consists of 2 or more parts connected by a fastening agent, one and (or) more of which belongs to precious stones, information must be indicated on the jewelry labels along with the name of the insert – “composite” , as well as the name of the part(s) of the insert related to precious stones. When using the name of a natural mineral to designate inserts of man-made materials set into jewelry made of precious metals, the jewelry labels must include information along with the name of the inserts – “synthetic (grown)” or “imitation.” 49. When transferring the purchased product to the consumer, the seller checks the jewelry’s compliance with the data indicated on the label, and for cut gemstones, compliance with the certificate for each cut gemstone. At the request of the consumer, in his presence, the purchased jewelry and other products made of precious metals and (or) precious stones are weighed using measuring instruments that are in good condition and comply with the requirements of the legislation of the Russian Federation on ensuring the uniformity of measurements. 50. Jewelry and other products made of precious metals and (or) precious stones, as well as cut precious stones must have consumer packaging. 51. On the territory of the Russian Federation, the sale of jewelry made of precious metals and (or) precious stones, as well as certified cut precious stones by remote sales of goods, is allowed. When selling a product remotely, the return of jewelry made of precious metals and (or) precious stones, as well as certified cut gems of proper quality, is possible if its presentation, consumer properties, document confirming the fact and conditions of purchase of the specified product from the seller are preserved , and consumer packaging. The consumer’s absence of a document confirming the fact and conditions of the purchase of jewelry made of precious metals and (or) precious stones does not deprive him of the opportunity to refer to other evidence of the purchase of jewelry made of precious metals and (or) precious stones from this seller. Returning or exchanging jewelry is an important issue for all buyers, because the quality of the product and its size may not meet expectations. The new exchange law establishes the rules under which you can return an unsuitable or defective piece of jewelry and receive a refund. What can be returned? Refusal can only be expected in cases where the product is costume jewelry or is not an ornament (for example, a toy in the form of a jewel), the color of the product differs from that stated in the online store or in the store, and you cannot return a product that has been changed in size. How to apply for a refund? If you find that the product is of inadequate quality, you need to contact the store where the purchase was made. If the purchase was made in an online store, you should contact the seller via email or phone. In each case, step-by-step instructions are provided on how to return the jewelry within the legal period. What is the deadline for returning jewelry? The return period for jewelry in case of defect is 14 days. If the buyer notices a defect after a certain time after purchase, for example, after a certain period of use, then the corresponding claims must be made within the warranty period from the date of purchase. In what cases is jewelry not eligible for return? Jewelry that shows signs of use, is damaged, or has been altered in size cannot be returned. In general, the new jewelry return law introduces a clear procedure for refunding defective products and establishes the buyer’s rights to return if the product does not meet the stated size or quality. This is an additional tool for consumer protection that helps maintain high quality standards for jewelry in Russia.

How to return jewelry to a store in 2024?

The new exchange law in Russia provides for the possibility of returning jewelry to a store if it is of inadequate quality, size or color. But how to do that?

In what cases does the right of return apply?

  • If a defect is detected;
  • If the required size or color is not available;
  • In case of inadequate quality;
  • When purchasing the wrong piece of jewelry.

If you refuse the jewelry, you can return it to the store or return it to an online jewelry store.

What sizes of jewelry can be returned?

The size of the jewelry must be indicated upon purchase. If during operation it turns out that the product does not fit in size, it can be returned to the store within 14 days.

We advise you to read: What to do if you lose your passport: restoration, updating of documents and fines in 2024 – instructions

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