Return of jewelry: the law, when it is possible/impossible to return jewelry to the store, pawnshop, requirements, return procedure, terms of refund

After jewelry shopping Sometimes unforeseen situations arise: a defect is found, a breakdown occurs, the size does not fit. You need to know exactly whether it is possible jewelry return. This will allow you to understand when it is really worth trying to return or exchange the jewel. The procedure is standard, but sometimes you have to assert your rights, according to the law, which, in some cases, does not provide for the return of jewelry.

Regulatory regulation of trade in precious metals

The regulatory and legal framework in the field of precious metals and stones is constantly changing, being updated and supplemented. The main document that defines the basis for the regulation of relations arising during all sorts of operations with precious materials, products (geological exploration of deposits, miningThe Federal Law No. 41 "On Precious Metals and Precious Stones," among other things) is the Federal Law "On Precious Metals and Precious Stones.

The actions of manufacturers and sellers are regulated by the Resolutions of the Russian Government:

• №684;
• №2463.

You can always refer to the Federal Law "On Protection of Consumer Rights. It defines the rules of sale, delivery, return of purchased items, including jewelry.

Requirements for jewelry for sale

In order to determine how the relationship between the seller and the consumer is formed, the concepts must be clarified. Then it is easier to navigate in the field of jewelry trade. Precious metals include:

• gold;
• silver;
• palladium group metals: rhodium, iridium, palladium, platinum, ruthenium, osmium.

The concept of gemstones is also given, as they are often inlaid with gold jewelry. This group of products includes:

• diamond (diamond);
• pearls;
• ruby;
• alexandrite;
• emerald.

Synthetic inserts are not considered precious, even if they have properties similar to natural formations (organic, mineral). But jewelry can also be fitted with semi-precious stones. There is no ban on the use of non-precious (synthetic) inserts, but they are inferior in appearance to the characteristics of the precious metal and are therefore extremely rare, usually on articles of low-grade alloy. More often than not, semiprecious and gemstones can be seen on high-grade alloy items.

The requirements that apply to jewelry:

• It is obligatory to have samples: a few centuries ago, identification marks may not have been available, because there were no strict requirements for the control of the movement of precious metals, jewelry, today all objects made of precious metals are subject to the Federal Assay Chamber;
• The name is stamped (one of the main rules for jewelry made in Russia);
• it is mandatory to present certificates for stone inserts at the request of the consumer;
• The showcased samples are subjected to additional inspection, they should be free of defects, damage, wear and tear;
• The consumer can ask for a check weighing in his presence, this request must be given way, as it is completely legal;
• Additional packaging is required for precious metal items if they are of high value.

Note:
Silver jewelry is allowed for sale without hallmark, but provided that the weight of 1 piece does not exceed 3 grams.

Product information on the label

The consumer should get all the necessary information about the jewelry decorating before and after you pay for it. It is provided in different ways: on the label and on the receipt. The store undertakes to give full information about all the parameters of the jewelry:

• naming;
• type of base material and surface layer (if any);
• item;
• manufacturer, brand;
• product weight (grams).

To make the information about the value of the jewelry transparent, the price of 1 gram of precious metal is also provided.

Is it possible to return jewelry according to the law

Two categories of items (jewelry and medical) are considered non-returnable. And this is true for the most part, but with some exceptions. The law defines a limited list of cases where the seller is advised to consider making a return on a piece of jewelry sold.

To avoid wasting your time trying to turn in return the item to the jewelry store, you need to make sure that the situation is also included in the list of exceptions to the law. For more details, see the Federal Law "On Protection of Consumer Rights" (Article 18).

Reasons to return/exchange jewelry

Often the seller claims that the jewelry cannot be returned in any case. A calculation is made on the consumer's lack of sufficient knowledge on the subject, then he would agree that it is impossible to return or exchange the item. However, it is necessary to prepare for the conversation with the consultants or managers of the jewelry store by studying the main reasons explaining why they should accept the purchase back:

• inconsistency sample type or its absence on goods that are not original;
• Breakage not the fault of the buyer: stones may fall out, special attachment of the insert may break, etc;
• presence of loose elements;
• Breakage of moving elements: chain links, fasteners;
• stopping the movement of a precious metal watch purchased at a jewelry store.

When you can't return an item

It happens that even legally it is not possible to make a return. This often happens in small stores, small departments of shopping centers, where the control of the authorities that regulate such issues is minimal or non-existent. There are more chances to make a refund if the purchase was made in a large store.

It is possible to return an item bought in a jewelry store only if its original appearance is preserved. In addition, there must be a tag with which the jewelry was purchased. If these conditions are not met (the item no longer has the proper appearance, it has scratches, stains, traces of wear, the label is lost or thrown away), the store has the right not to take back the product, even if there was originally a hidden defect.

When, when exchanging a piece of jewelry, the consumer gives other reasons for refusing to buy it, the item cannot be accepted. The absence of defects, full compliance with the requirements for jewelry, serviceability of fasteners and moving parts - all these factors are grounds for the store to refuse to replace or return a piece of jewelry.

Requirements for the seller

The seller (store) is committed to control all areas of the business:

• accurate accounting of products, safety is ensured;
• conditions are created for the inspection of jewelry before purchase;
• products are grouped according to the main parameters on the counters;
• information about punchingThe value of gemstones;
• explains the value of the product, it is important to help the buyer understand how valuable jewelry is.

Other requirements that the consumer has the right to present to the seller with a request to make a return of jewelry;

• To replace a jewel that has fallen into the category of illiquidity due to the negligence or intentions of store employees, and the replacement is offered a similar product or another, but in the same price category, there is also the possibility to recalculate the cost, if the consumer has chosen a more expensive jewel;
• reduce the cost of jewelry due to defects: given such features, the price should be lower, because the product passes to markdown (if there is no way to fix the defect);
• to return funds;
• Ask for work to repair the damage to the gold, or pay for the cost of repairing the product yourself.

Procedure for returning jewelry

It is necessary to prepare: to take the purchased jewelry, purchase documents, etc. You may need additional information, such as a specialist opinion on the causes of breakage. It will be possible to find out which documents need to be attached to the application directly at the store, as each salesperson has his own instructions on this matter.

If the receipt was lost, you need to prove that the item was bought in this store and not in a neighboring retail chain. To do this, the payment document must be restored. This can be done if the store keeps detailed records. Alternative options are: eyewitness accounts or data from surveillance cameras (if the incident occurred recently, the information is still stored).

Address the seller with the receipt, tag, passport and jewelry

To return a piece of jewelry, you must bring it to the seller. It is compulsory to provide:

• the label with which the item was purchased;
• check;
• a document certifying the identity of the buyer.

When one of the documents is missing, it is much more difficult to make an exchange and return of jewelry. This will be a reason to deny the buyer's claim, and on legal grounds.

Making a claim for an exchange or refund

More often than not, the seller is looking for reasons to avoid a return. If all the conditions of the procedure have been met by the consumer, the store has no reason to ignore the appeal. A statement with a claim to the seller with a description of the essence should be drawn up, it should contain an explanation of the reason why the consumer decided to refuse to buy the jewelry. It should be written on the spot, and in two copies, one of which should be kept. The complaint should be signed by the salesperson, which will confirm that he or she has read the complaint.

It is permitted to send the application by mail, but the absence of a signature of receipt may prevent the court from winning in the future, so it is recommended to send a written appeal by registered mail with notification.

Waiting for a response to a claim

The store has the right to give one of two answers: reject or satisfy the request/request stated in the application. The law allows up to 30 days for a detailed examination of the matter and a decision to be made.

When expertise is needed

To find out if jewelry is returnable, sometimes additional manipulation is required. There is only one possibility - an examination. And the cost of this is paid by the seller. If he refuses to return the money for a defective product, the buyer can conduct another examination, but already at his own expense. It is advisable to do this, if you plan to sue in court.

How is the exchange

There is no time limit. The store can accept the low-quality product to be returned on the same day that the written request has been met. Another date can be set, it is agreed upon separately. The reasons for the delay are due to the lack of a suitable precious product in basic parameters.

What is the timeframe for refunds

If the store has agreed to accept an item with a possible hidden defect, a certain period of time is given for the implementation of the task. The law of the Russian Federation provides for the possibility of resolving the issue within the next 10 days after the buyer's request-claim regarding the return of an item of poor quality has been satisfied.

When a refund is denied

It is possible to get money or a new piece of jewelry back if the old bracelet/pendant has been returned to the store in limited cases, because quite often the consumer is denied the terms of the claim. Legal grounds for the seller not to pay:

• the buyer came back much later: the warranty period provided at the time of purchase had expired;
• Violation of the time limits for addressing these issues: only the first 14 days after the transaction (if defects are obvious) or six months (if damage is not obvious) are given to think about the purchase;
• ring, a bracelet, chain, or other piece of jewelry will not be accepted back if you can see signs of wear (darkened metal, scratches, scuffs, lack of luster).

Judicial decision

The consumer can appeal to the court, provided that 1 year has not passed since the purchase of the jewelry (this is the statute of limitations on this issue). First of all, a claim must be made to the seller - write a statement. If there is no response, this document must be attached to the claim when going to court.

Question and answer section:

Can I change my gold ring if it doesn't fit?

In what time frame can I return the marriage?

Can I return jewelry that I bought online?

Can I take my gold back to the store if it was bought a year ago?

Can I return a piece of gold jewelry to a store if I lose the receipt?

Can I return silver jewelry?

Can gold be exchanged for platinum?

Why jewelry is not subject to exchange and return, in what cases?

Can I return a piece of jewelry to the store within 14 days according to Russian law?

Table: jewelry chains with a positive reputation in your city

It is recommended to study the reviews of the stores. The most reliable, well-known jewelry chains in different regions:

Many of the jewelry items featured in jewelry chain stores are sold on online venues, such as Wildberries,

Video: how to return jewelry to the store

Specialist Commentary

Avanesyan Grisha Karenovich

Lawyer, head of the law firm "Avanesyan and Co.

At the initial stage, the store often agrees to conduct an examination, this increases the chances of a consumer rejection if it is proven that there is no defect, and the breakdown is a consequence of careless use. But sometimes the seller does not want to cooperate. This happens if during the external examination an expert from the seller noticed that the thing was really defective. Then the examination is not beneficial to the store. The consumer has the right to conduct it at his own expense, and then go to court, demanding, among other things, compensation for the costs of this service.