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Publications How to return goods to the seller

Article 9 of the Law of Ukraine "On the Protection of Consumers' Rights" regulates the rights of the buyer in the process of returning to the seller goods of adequate quality.

Each of us at least once in our lives has faced a situation when after buying a product, it turned out not to be what we expected, or simply circumstances changed and the product was no longer needed. At such times the question arises: can I return the purchased goods back to the shop? In Ukraine, consumer rights are protected by law, which allows the return of goods of proper quality under certain conditions. This article will help you understand exactly how you can do this, what to pay attention to, and what rights you have in this situation.

Our task is to make information about the process of returning goods as clear and accessible as possible. We will look at the main aspects that relate to the return of goods of proper quality, and give practical advice that will help you avoid potential problems with the seller. It is important to remember that knowing your rights is key to resolving any disputes.

In this article we will familiarise you with the relevant legislation of Ukraine, the conditions for returning goods, the necessary documents for this process, as well as tell you how to act if the seller refuses to accept the goods back. We hope that this information will be useful to you and will help you to protect your rights as a consumer.

What is goods of proper quality?

Good quality goods are goods that meet the seller's stated characteristics, are free from defects, and are intended for use for their intended purpose. In other words, if you have bought a thing and it fully corresponds to what was promised in the description or at the time of sale, such goods are considered to be of good quality.

It is important to note that a good quality item does not have to be "perfect". It may have certain characteristics that do not affect its basic function and purpose. For example, a book may have a minor mark on the cover, but if it does not interfere with reading, it is considered to be goods of adequate quality.

Examples of Goods of Good Quality:

  • Electronics that work without malfunction and meet the stated specifications.
  • Clothing that is free of defects (cuts, stains, ripped seams) and that fits the advertised size.
  • Furniture that is stable, without damage and conforms to the stated dimensions and materials.

Goods that are not considered to be of proper quality:

  • Goods with factory defects that make it impossible to use them for their intended purpose.
  • Goods that have been damaged by improper transport or storage if this occurred prior to purchase.
  • Goods that do not conform to the specifications stated at the time of purchase.

Understanding what constitutes good quality goods will help you to better understand your rights as a consumer and to demand proper service and respect for your rights.

Legal framework

The basis for consumer protection in Ukraine is the Law of Ukraine "On Protection of Consumer Rights". This law establishes the basic principles of the relationship between the buyer and the seller, and regulates in detail the process of returning goods, including goods of proper quality.

The main provisions of the law are:

  • Right to information: The consumer has the right to receive complete, truthful and timely information about the goods to enable him/her to make an informed choice.
  • Right to safety: Goods must be safe for the consumer's life, health, property and the environment.
  • Right to Choice: The consumer has the right to a wide choice of goods and services at competitive prices.
  • Right to quality: The consumer has the right to purchase goods of proper quality and to exchange or return goods of improper quality within the time limits established by law.

Rules for return of goods of proper quality:

  • The law also establishes the conditions under which the consumer has the right to return goods of proper quality. In particular, if the goods have not been used and retain their marketable appearance, consumers can return or exchange the goods within fourteen days, not counting the day of purchase.
  • It is important to remember that there are certain categories of goods that are not subject to return or exchange if they meet the stated characteristics. Such goods include personal hygiene products, medicines, household items, etc.

Importance of knowledge of legislation:

  • Knowledge of the legal framework allows consumers to effectively protect their rights and interests. In case of disputes with the seller or manufacturer of goods, the consumer can refer to specific articles of the law, which greatly simplifies the process of conflict resolution. Also, knowing their rights helps consumers avoid possible deceptions and unfair practices on the part of sellers.

Conditions of return of goods of proper quality

The return of goods of proper quality in Ukraine is regulated by the Law of Ukraine "On Protection of Consumer Rights". This process is subject to certain conditions that must be taken into account for the procedure to be successful for the consumer.

The main conditions of return:

  • Return period: The consumer has the right to return the goods within 14 days, not counting the day of purchase, provided that the goods were not in use, retains its original appearance, consumer properties, seals, labels, and there is a settlement document confirming the fact of purchase.
  • Preservation of trade dress: The goods must be returned in the condition in which they were purchased, with all components, accessories, in the original packaging and with all documents received at the time of purchase.
  • Documents for return: To return the goods, the consumer must provide a document confirming the purchase (receipt, delivery note, warranty card), as well as fill out an application for the return of goods, if it is provided by the rules of the seller.

How to return the goods correctly?

Returning goods of proper quality may seem like a complicated process, but by following certain steps, you can make it as smooth and efficient as possible. Here are step-by-step instructions to guide you through the process.

Step 1: Make sure the item is returnable

Before you make a return, make sure that the item is of proper quality and that it has retained all of its consumer features, packaging and documentation. Also make sure that no more than 14 days have passed since the purchase date.

Step 2: Collect the necessary documents

Collect all documents that were given to you at the time of purchase, including the cash voucher or delivery note, warranty card and, if available, instructions and other documents accompanying the product.

Step 3: Write a return application

Prepare a written application for the return of the goods, stating the reason for the return. In many cases, the reason may be a simple desire to return the item, without stating a specific claim.

Step 4: Contact the seller

With the goods, documents and application, go to the shop or retailer where the purchase was made. It is best to do this with the customer service department or the appropriate manager.

Step 5: Negotiate correctly

When communicating with the shop representative, be polite and patient but persistent. If you face a refusal, refer to your rights under the Law of Ukraine "On Protection of Consumer Rights".

Step 6: Get a confirmation of the return

If you successfully return the goods, make sure that you receive a document confirming the fact of returning the goods and making a refund.

What to do if the seller refuses to accept the goods?

If you are faced with a wrongful refusal, you have the right to contact the consumer protection authorities or even file a lawsuit in court. Documents and proof of communication with the seller will be important in your case.

Remember, knowing your rights and knowing how to apply them is key to protecting your interests as a consumer.

Exceptions to the rules

When returning goods of proper quality, it is important to know not only the return procedure, but also about those categories of goods which, according to the legislation of Ukraine, are not subject to return or exchange if they are not defective. Understanding these exceptions will help to avoid misunderstandings between buyers and sellers and ensure the correct application of the law.

The main exceptions to the rules of returning goods:

  1. Personal care products: this includes toothbrushes, combs, razors, and other products that are used directly for personal hygiene.
  2. Cosmetics and perfumes: if the packaging of these products has been opened after delivery, they are non-returnable.
  3. Medicines: including medicines and dietary supplements, the return of which is restricted for safety and health reasons.
  4. Baby products: dummies, feeding bottles, baby food and other products used to care for infants.
  5. Non-food consumer goods: such as bed linen, towels, kitchen knives and other goods that have already been used.
  6. Goods that spoil quickly: this category includes food and some cosmetics.
  7. Printed matter: books, brochures, albums, maps and music if they have been unsealed after delivery.
  8. Technically complex household goods: if they have individual numbers, they are not returnable, except in cases where manufacturing defects have been identified.

Importance of the exemptions for consumers:

  1. Knowing these exclusions helps consumers avoid unnecessary attempts to return goods that are legally non-returnable. It is important to carefully read the return policy on the label or instructions before purchasing a product, and to verify this information with the retailer. In case of doubt about the possibility of returning a particular product, it is recommended to seek advice from the seller or directly from the manufacturer. A responsible attitude to the buying and selling process will help to ensure that consumer rights are respected and maintain a high level of trust between buyers and sellers.

The role of a law firm in consumer protection

In today's world, where market relations are developing very quickly, the protection of consumer rights is of particular relevance. Law firms play a key role in this process by providing professional support and advice to consumers who face violations of their rights.

1. Counselling and legal assistance

Law firms provide qualified consultations on consumer rights, help to understand the nuances of the legislation and determine the best way to solve the problem. They can help to draw up the necessary documents for filing a complaint or lawsuit, as well as explain what evidence should be collected to prove the violation of rights.

2. Representation of interests in court

If attempts to resolve the situation out of court fail, the law firm can represent the interests of the consumer in court. Professional lawyers have experience in handling cases related to consumer protection and know how to effectively argue the violation of the client's rights before the court.

3. Working with regulatory authorities

Law firms can also help in interacting with government regulatory agencies such as the State Service of Ukraine on Consumer Protection. They can file complaints and materials about violations by sellers or manufacturers, facilitating a quick and efficient review of the case.

4. information support and education

In addition to direct legal assistance, law firms play an important role in raising legal awareness among the public. They organise information campaigns, seminars and trainings on consumer protection issues, helping people to better understand their rights and know how to protect them.

The role of a law firm in consumer protection cannot be overemphasised. They not only help resolve individual cases of rights violations, but also contribute to the formation of fairer and more transparent market relations, where respect for consumer rights is a key value.

Conclusion

Consumer protection is an important component of the functioning of the modern market for goods and services. In this article we have considered key aspects related to the process of returning goods of proper quality in Ukraine, including the legislative framework, conditions of return, steps of proper return of goods, exceptions to the rules, as well as the role of a law firm in consumer protection.

It is important to remember that knowing your rights and being able to protect them are key elements for any consumer. Equally important is the understanding that there are professional legal organisations ready to come to your aid if your rights are violated.

We hope you find this information useful and that it will help you assert your rights as a consumer. Do not forget that you are not alone in the fight for justice, and if necessary, you can always seek professional support from law firms that specialise in consumer protection.

Consumer protection is not only a guarantee of your safety and comfort, but also an important contribution to the development of a transparent and fair market, where respect for each client is an inviolable rule.

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