How to write a complaint about a low-quality engagement ring. Claim for defective jewelry

According to Art. 12 Rules for the sale of products made of precious metals and precious stones; jewelry cannot be returned to the store. The exception is such cases when the goods turned out to be . Only in this case, if you have a sales receipt, is it possible to return the jewelry to the store.

A product is considered to be of poor quality if it is damaged, its appearance is damaged, there are problems with the lock or with its other functions. For example, a bad or broken lock on a bracelet, a weak lock on earrings or a watch. If there are scratches or other damage, or the stones do not adhere well to the product, then this product is considered to be of poor quality.

If the marking and sample stamp on a product do not coincide with the actual characteristics of the product, then it is also considered to be of inadequate quality. According to Art. 18 of the Law of the Russian Federation “On”, If the buyer has purchased a low-quality item, he has the right:

• to replace it;
• to eliminate its shortcomings free of charge;
• to reduce the cost of goods according to markdown;
• to immediately terminate the contract and receive your money back.

If a high-quality jewelry item was purchased, then the buyer has no right to return it.

What period of time is given to the buyer to return a defective piece of jewelry?

In accordance with Art. 13 of the Rules for the sale of products made of precious metals and precious stones, a buyer who discovers defects in a product after purchasing it may return the product to the seller within 6 months from the date of purchase. In order for the buyer's requirements to be met, he should have with you and present in the store a receipt for the purchased product.

If the seller doubts that the poor quality of the goods is his fault, then he is still obliged to accept the goods from the buyer and can appoint an independent examination, based on the results of which the dispute will be resolved.

So, You can return jewelry to the store if three conditions are met:

• you purchased,
• you have a receipt for the purchase of this product,
• less than 6 months have passed from the date of purchase of the product.

Seller's responsibility

If the seller refuses to accept the defective product back, or in the event of another violation, he is liable in accordance with current legislation. The law provides for the payment of penalties, penalties and other measures permitted by law in such cases. Deceived buyers can contact Rospotrebnadzor authorities or file a lawsuit to protect their rights.

In some situations, it can be very difficult to prove that you are right, or questions may arise when filing a claim in court; in such cases, experts advise use the services of lawyers. This will increase your chances of success.

Thus, after analyzing the legal norms, we can say that returning jewelry to a store is possible in the event that the buyer has discovered defects in the product that were not his fault. You should present the purchase receipt to the seller and resolve the situation.

Often, jewelry market consumers have problems with the need to return or exchange the jewelry they purchased. In this matter, it is important to know and be guided by a number of regulations of national legislation regulating the procedures for the return and exchange of such products, respectively.

Jewelry, according to the norms of Russian federal legislation, can be returned only in cases provided for by law.

Jewelry Return Law

The procedure, reasons and basis for processing the return of jewelry to a store on the territory of the Russian Federation are regulated by the law on the protection of consumer rights.

Two normative legal acts of national legislation are of fundamental importance in regulating this area of ​​legal relations:

• Federal Law “On Protection of Consumer Rights”;
• Decree of the Government of the Russian Federation No. 55 of January 19, 1998 “On approval of the Rules for the sale of certain types of goods, a list of durable goods that are not subject to the buyer’s requirement to provide them free of charge for the period of repair or replacement of a similar product, and a list of non-food products of adequate quality, not subject to return or exchange for a similar product of a different size, shape, size, style, color or configuration.”

Through the acts listed above, not only the main aspects of transactions and the return of jewelry, in particular, are regulated, but also a list of those goods that are not subject to exchange or return is established. Among these, in particular:

• medical devices and drugs;
• hosiery;
• childen's goods;
• personal care products;
• jewelry.

Among the reasons why returns and exchanges of jewelry in Russian stores are impossible, experts cite the following:

• pricing (the cost of jewelry at which they are sold in stores, as a rule, is an order of magnitude higher than their cost. Hence the unprofitability of returning money to the buyer for a product that he simply did not like);
• originality of products (in this aspect, the counterfeit factor is triggered, since the seller, as a rule, cannot determine whether the buyer provides the original product for return or exchange).

Good quality

In general, as we have already been able to understand with you, jewelry of proper quality cannot be returned or exchanged. The legislator established this rule for us, without providing any exceptions.

At the same time, we are all human, and nothing human is alien to us. Undoubtedly, jewelry sellers often meet customers halfway and exchange goods that do not fit in size or any other external characteristics.

Important tip! If you purchased a piece of jewelry whose technical characteristics meet all the standards for this type of product, but it does not suit you in terms of external characteristics or does not fit in size, try to negotiate directly with the seller of the product for a return.

As a rule, in such cases you may be offered an exchange for an equivalent product or for a product with an additional payment. Believe me, this is the best option, given that, as we mentioned above, such an order is not provided for by law.

Remember that an important element of the product, the presence of which is required if you decide to exchange or return the product, is the manufacturer’s tag, as well as the cash receipt for payment for the product.

Poor quality

If you are sure that you were sold a product (jewelry) of poor quality, immediately contact the store where you purchased it. In this case, there are two scenarios:

• If you discover a defect, the owners of the jewelry salon are required to conduct an examination of the product at their own expense. If the results of the examination indicate that the product is actually defective, it must either be repaired at the salon’s expense or replaced with a similar new product. Alternatively, if the buyer wishes, the entire amount of money paid by him for the purchased defective product can be returned to him;
• If you have any doubts about the authenticity of the sample indicated on the product, you must make a written claim addressed to the owner of the jewelry salon (store) where you purchased this product. In this case, as in the first, the owner is obliged to conduct an examination of the product at his own expense. If the results of the examination indicate that the product is counterfeit, the buyer must be refunded the full cost of the product. If the owners refuse to return the money to the buyer, it is necessary to request a written refusal from them, which will certainly be useful to you if you file a typical complaint with the supervisory authorities.

Note. Supervisory authorities here mean, first of all, the territorial departments of the Federal Antimonopoly Service of the Russian Federation, which should be contacted only after receiving a professional expert opinion, which confirms the fact of counterfeiting of the product. Professional examination in Russia, in particular, is carried out by such bodies as the State Assay Chamber and the Gemological Center of Moscow State University.

Video on how to return jewelry to a store

Return Policy

Thus, based on the information presented above, we can conclude that the procedure for returning and exchanging jewelry of inadequate quality is regulated in detail by federal legislation, and, therefore, the demands of jewelry buyers for the return of money paid for jewelry of inadequate quality are quite legal. How to proceed in this case?

It is important to familiarize yourself with the regulatory regulation of this issue, namely, with the norms of the Federal Law “On the Protection of Consumer Rights”.

According to the norms of federal legislation, jewelry of inadequate quality is subject to return, that is, those that have significant (visible and invisible) defects, as well as a discrepancy between the quality of the actual product and the characteristics specified in the documents for it.

First of all, try to resolve the issue peacefully. And remember that compliance with the return deadlines established by law, namely the ten-day period, guarantees a refund of the full amount paid for the product. If you contact the store after this period, you will be charged an additional fee of one percent of the cost of the goods.

If the seller refuses to process the return of jewelry of inadequate quality, contact an expert institution to conduct a paid examination of the product.

If the expert report establishes a defect, fill out a return application in two copies, one of which you hand over to the director of the jewelry store for signature, and the second you keep.

If you have not received a refund for a piece of jewelry of inadequate quality, feel free to go to court.

Not all citizens of the Russian Federation know their rights regarding returning goods to a store. If a product has been purchased of inadequate quality and a person wants to return it, he should refer to the text of Federal Law 2300-1 “On the Protection of Consumer Rights.” It covers all aspects regarding returns and exchanges of any purchase.

The Federal Law specifies the rules for the return and exchange of goods such as household appliances, electrical appliances, food, clothes, shoes, and so on. As for gold and silver jewelry, their return and exchange is possible only in accordance with with Article 18 of this law. The provisions of this article state that if the buyer notices defects in a piece of jewelry that the seller did not report, then the consumer has the right to make a claim.

In accordance with the law, The consumer has the right to put forward demands to the seller:

• about replacing the jewelry with exactly the same one;
• about replacement with another decoration, taking into account price changes;
• about a price reduction due to a defective piece of jewelry;
• to eliminate the defect at the expense of the seller;
• on reimbursement of expenses incurred by the buyer in eliminating the defect;
• for a full refund for the paid product (in this case, it is necessary to return the jewelry of inadequate quality back to the store).

Based on their provisions in Article 18 of the Law “On Protection of Consumer Rights” it follows:

• in the case when the jewelry does not fit in size, style, etc., then returning gold and silver to the store is not possible;
• If the jewelry is defective (poor quality) and this fact can be confirmed by examination, then a return is possible.

What does the PPA say about the trade in jewelry?

The Federal Law “On the Protection of Consumer Rights” in Article 26.2 specifies the rules for the sale of jewelry. The text of this article contains provisions that the terms of trade in gold and silver jewelry are established by the Russian Government.

Download the text of the law on consumer protection

When purchasing something, you need to make sure there are no defects. To do this, you should carefully examine the product, especially for expensive jewelry. For example, if there is a defect on the lock of a gold chain, it may come unfastened and get lost. Therefore, it is important to detect the defect as early as possible.

But if, when purchasing a piece of jewelry of poor quality, the defect was not noticeable, then after discovering it, you need to familiarize yourself with your rights to return the jewelry back to the store. To do this, you should study the full version of the law. You can download the latest edition of the Federal Law of the Russian Federation 2300-1 “On the Protection of Consumer Rights” with amendments and additions at

The relevance of the information has been agreed upon with the project partner Mincredit.ru.

Hello, we need to refer to the consumer protection provisions.

In accordance with Article 18 of the Law of the Russian Federation “On Protection of Consumer Rights”:

1. The consumer, if any defects are found in the product, if they were not specified by the seller , at his own discretion, he has the right to:
demand replacement with a product of the same brand (same model and (or) article);
demand replacement with the same product of another brand (model, article) with a corresponding recalculation of the purchase price;
demand a proportionate reduction in the purchase price;
demand immediate free elimination of defects in the goods or reimbursement of costs for their correction by the consumer or a third party;
refuse to fulfill the purchase and sale agreement and demand a refund of the amount paid for the goods. At the request of the seller and at his expense, the consumer must return the defective product.
In this case, the consumer also has the right to demand full compensation for losses caused to him as a result of the sale of goods of inadequate quality. Losses are compensated within the time limits established by this Law to satisfy the relevant consumer requirements.
2. The requirements specified in paragraph 1 of this article are presented by the consumer to the seller or an authorized organization or an authorized individual entrepreneur.
3. The consumer has the right to present the requirements specified in paragraphs two and five of paragraph 1 of this article to the manufacturer, authorized organization or authorized individual entrepreneur, importer.
Instead of presenting these demands, the consumer has the right to return goods of inadequate quality to the manufacturer or importer and demand a refund of the amount paid for it.
4. Lost power.
5. The consumer’s absence of a cash or sales receipt or other document certifying the fact and conditions of purchase of the goods is not a basis for refusal to satisfy his requirements.
The seller (manufacturer), authorized organization or authorized individual entrepreneur, importer are obliged to accept goods of inadequate quality from the consumer and, if necessary, carry out a quality check of the goods. The consumer has the right to participate in checking the quality of the product.
In the event of a dispute about the reasons for the occurrence of defects in the goods, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, or the importer are obliged to conduct an examination of the goods at their own expense. The examination of goods is carried out within the time limits established by Articles 20, 21 and 22 of this Law to satisfy the relevant consumer requirements. The consumer has the right to be present during the examination of the goods and, in case of disagreement with its results, to challenge the conclusion of such examination in court.
If, as a result of the examination of the goods, it is established that its defects arose due to circumstances for which the seller (manufacturer) is not responsible, the consumer is obliged to reimburse the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer for the costs of conducting the examination, as well as those associated with its implementation. costs of storing and transporting goods.
6. The seller (manufacturer), authorized organization or authorized individual entrepreneur, importer is responsible for defects in goods for which there is no warranty period, if the consumer proves that they arose before the transfer of the goods to the consumer or for reasons that arose before that moment.
In relation to goods for which a warranty period has been established, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer is responsible for defects in the goods unless he proves that they arose after the goods were transferred to the consumer as a result of the consumer’s violation of the rules for use, storage or transportation of the goods, actions of third parties or force majeure.

Purchasing jewelry is quite an important moment in everyone’s life. It is customary to treat such an event with full responsibility. As with the purchase of any other goods, the buyer runs the risk of encountering deception, low quality and losing his money. What to do in this case? Is it possible to return an item? These and other questions will be answered in this article.

Returning jewelry according to the Consumer Protection Law

Trade relations between buyer and seller are controlled by the Consumer Protection Law. The corresponding act regulates the issues of returning jewelry to the store. Please note that this category of goods is not subject to return. According to the law, it is possible to return jewelry to the store only if:

• The presence of deficiencies;
• Confirmation of the fact of counterfeit jewelry;
• If there are precious stones, they begin to fall out;
• When the chain, bracelet, earrings are torn or broken immediately after making a purchase.

Thus, you can return jewelry to the store only if it is of poor quality or defective.

Return jewelry within 14 days to the store

It is a mistake to assume that the 14-day return policy applies to all purchases. If you become the owner of low-quality jewelry, you should know the deadline for its possible return.

• It is possible to return jewelry of proper quality within 14 days only if an initial imperfection is detected;
• Each product has a warranty period determined by the store. This period is equal to six months from the date of purchase. During this time, the buyer has the opportunity to return the purchase if a significant defect is discovered;
• In a situation where the manufacturer did not specify a warranty period, the consumer can return it within two years;
• The basis for refusal to return goods during the warranty period may be unintentional damage to the product.

Is it possible to return a piece of jewelry if you don't like it?

It is impossible to return jewelry of proper quality to the store. Inappropriate size, shape, or color are not grounds for returning goods. The law provides for the return of jewelry only in cases of factory imperfection.

Is it possible to return without a receipt and without a tag?

Products made from precious metals are expensive goods, and therefore there is a risk of being deceived not only by the buyer, but also by the seller. A store consultant is not always an expert and may encounter an unscrupulous consumer, therefore:

• If there is a need to return jewelry to a store, you must fill out a written application.
• Supplement the document with a cash receipt confirming the fact of purchase.
• It is important to keep and provide the tag containing information about the product.
• The collected evidence is sent with the product for examination.
• It is impossible to return goods without the appropriate certificates.

Returning jewelry to a pawnshop - rules according to the law

If you decide to purchase jewelry from a pawnshop, you should familiarize yourself with the operating features of this structure. The activities of pawnshops focus on providing borrowed funds in exchange for the surrender of personal valuables. The rules for accepting jewelry at a pawnshop are as follows:

• You can hand over the jewelry if it does not have state hallmarks or manufacturer's marks;
• The pawnshop accepts jewelry of certain serial numbers;
• An important point is the mandatory control of the product, determination of sample, weight and other subtleties;
• Any jewelry must be weighed to the nearest gram.

When carrying out such manipulations, the likelihood of purchasing defective products is reduced. But, if you decide to return the purchased product to the pawnshop, then you need to know that they are also subject to the provisions of the law on non-return of goods. You can return your purchase only if you provide the results of an examination indicating that the goods are counterfeit.

Refund claim -

If you encounter a low-quality piece of jewelry and want to return it to the store, you must be prepared for the intransigence of the seller.
In order to achieve the desired result, it is necessary to resort to drawing up a written complaint. It should follow the following structure:

• Indicate the name of the outlet, personal information of the store director;
• Mark your full name. and contact information;
• Indicate the reasons for filing the complaint and the store;
• You should back up your words with evidence. The conclusion of the examination performed acts in this capacity;
• Complete the application with a receipt and product tag;
• Point out the provisions of the law on the right to hand over low-quality jewelry;
• State your requirements.

Purchasing jewelry is always a joyful and pleasant event. Only product imperfections can overshadow this moment. To achieve justice and get your money back, it is important to act confidently and decisively. Knowing your rights and the provisions of the Consumer Protection Act will help you with this.