"Give a woman a pair of good shoes and she will conquer the world!" - Said the legendary Marilyn Monroe. “The eyes are deceived, the smile will lie, but the shoes will tell the truth,” the stern Doctor House said directly. “It is shoes that make a woman a woman” - not in the eyebrow, but in the eye, the heroine of the legendary film “Office Romance” aptly hits.

Indeed, a good pair of shoes is like a cure for depression, bad mood, a gloomy day, domestic troubles - and, as you know, they don’t save on health.

The role of high-quality shoes for modern people remains invariably important, and in the lives of both women and men. What is a good shoe? For some, this is daily comfort, convenience, for others, status. Men are more likely to appreciate the functionality of shoes in protection from the weather, women use the next pair as a winning way to demonstrate their own attractiveness, albeit at the expense of healthy feet.

However, in addition to subjective sensations, there are also well-known rules. Experts agree that good shoes are:

• shoes that allow you to feel the lightness of the foot, as if it were without shoes at all, creating an “absence effect”;
• shoes that preserve the biomechanical properties of the foot. The natural position of the foot is one of the main rules for choosing shoes;
• the foot in the shoe should remain free so that the muscles of the legs are in good shape, this avoids the unpleasant consequences of wearing shoes;
• shoes that convey the relief of the contact surface, allowing you to "feel the ground under your feet." This innate feeling, familiar to us since childhood, when we just learned to walk, will make it possible to avoid injuries, as well as develop a confident gait.

How free are your feet from the circumstances that make you wear not very comfortable and comfortable shoes? Imagine the lightness and freedom felt in the early summer morning, at dawn, when walking barefoot on the breathing warm earth. By allowing yourself to walk "barefoot in shoes", you directly feel the meaning of the proverbial phrase "movement is life."

So, it happened - here it is, a coveted brand new pair of shoes, purchased about, for example, for the season, or without it. First of all, at home you need to carefully check it - inspect it from all sides, measure it, walk around the room without removing stickers, labels and other data from the manufacturer or seller. Make sure that nothing presses, does not restrict movement, locks, zippers, Velcro are in order, all components are well glued or stitched.

But what to do if, nevertheless, any defect was found in new, unworn shoes, or if there were problems when wearing? All further actions in such cases are regulated by the Federal Law of the Russian Federation "On the Protection of Consumer Rights" dated February 7, 1992 No. 2300-I

What should a buyer know when choosing shoes?

According to Article 10 of the Federal Law "On Protection of Consumer Rights", the seller's obligation is to timely provide the buyer with information about the product (in our case, shoes), in order to be able to choose it correctly.

This information should include:

• the name of the technical regulation or other designation established by the legislation of the Russian Federation on technical regulation and indicating the mandatory confirmation of the conformity of the goods;
• price in rubles and conditions for the purchase of goods;
• warranty period, if any;
• rules and conditions for the efficient and safe operation of footwear;
• service life or expiration date of the selected pair of shoes;
• information on the mandatory confirmation of conformity of the goods;
• information about the rules for the sale of goods;
• if a defect (s) was eliminated in the purchased footwear, the consumer must be provided with information about this.

All of the above in the technical documentation attached to the product, on labels, markings or in any other way.

If the buyer is refused at the time of purchase to receive information about the goods, he has the right to demand from the seller the return of the amount paid for the goods and compensation for other losses.

The seller, who has not provided the buyer with complete and reliable information about the goods, is liable under paragraphs 1-4 of Art. 18 or paragraph 1 of Art. 29 of the Law, for defects in the goods that arose after it was transferred to the buyer due to the lack of such information.

How do I return unworn shoes to the store?

So, you opened the package at home and carefully examined the coveted pair of shoes. And here it turned out that it did not meet your expectations, or nuances that were not noticed during the purchase were revealed. What can you expect in this case?

First of all, you must know the following: Article No. 25 of the Law "On Protection of Consumer Rights" provides that in cases where a high-quality non-food product for some reason did not suit the buyer (in shape, style, color, size, etc. ), or simply did not like it, he has the right to exchange it for a similar product, within 14 days excluding the day of purchase.

In such an exchange, the following rules must be observed:

• the goods were not in use (accordingly, there should be no signs of wear on the shoes);
• preserved presentation, consumer properties, factory labels;
• in the presence of a sales or cash receipt, or other documents confirming payment.

Important: in the absence of checks, you can refer to the testimony.

If a similar pair is not available, then the buyer can:

• agree with the seller that he will immediately report the receipt of such a pair for replacement;
• ask for your money back.

I must say that there are some goods that are not subject to exchange for the above reasons. Their list is approved by the Government of the Russian Federation.

How to return shoes with defects under warranty to the store?

Suppose there is a different situation. Defects or marriage in the selected pair of shoes were discovered after a while only in the process of wearing. How to protect the rights of the buyer in this case?

How long does it take to return defective shoes under warranty?

The terms for the buyer to submit claims regarding product defects are regulated by Article 19 of the Federal Law “On Protection of Consumer Rights”. According to it, the buyer is entitled to make claims against the seller regarding the defects of the goods, if they are found during the warranty period or the expiration date.

If no warranty or expiration dates are established, but defects and shortcomings are discovered within a reasonable time (within two years from the moment of transfer, unless longer periods are prescribed by law), the buyer also has the right to present the above requirements.

The warranty period of shoes, as well as its service life, is calculated from the date of sale of this pair of shoes to the buyer. If, for some reason, it is impossible to establish the day of transfer, these terms are calculated from the day the shoes were made.

If the shoes are seasonal, then the warranty periods are calculated from the moment of the onset of the corresponding season, which is determined by the constituent entities of the Russian Federation based on the climatic conditions of each region.

The expiration date for shoes is determined by:

• the period calculated from the date of its manufacture, during which it is suitable for use for its main purpose,
• the date until which the footwear is fit for use.

In case of revealing significant shortcomings of footwear, the buyer has the right to present the manufacturer with a demand for the free elimination of such shortcomings, if he proves that they arose before the transfer of the goods to the consumer or for reasons that arose before that moment.

The specified requirement may be presented if the defects of the goods are found:

• after two years from the date of sale of the goods;
• during the service life established for the goods;
• within ten years from the date of transfer of the goods to the consumer in case of non-establishment of the service life.

If the specified requirement is not satisfied within twenty days from the date of its presentation, or the discovered defect of the goods is unrecoverable, the buyer, at his choice, has the right to present other requirements to the seller (clause 3 of article 18 of the Law) or return the goods.

Exchange or return options for defective shoes

In accordance with the Law, the buyer, having discovered defects in the purchased pair of shoes, may demand from the seller:

• gratuitous elimination of product defects or reimbursement of expenses for their correction by the consumer or a third party;
• proportional reduction of the purchase price;
• replacement for a product of a similar brand (model, article);
• replacement for the same product of another brand (model, article) with a corresponding recalculation of the purchase price.

Instead of the above requirements, the buyer has every right to simply return the shoes to the seller and demand a refund of the amount paid by him.

Interestingly, the Law provides for the damage caused to him as a result of the sale of goods of inadequate quality. Losses are compensated within the terms established by the Law in order to satisfy the relevant requirements of the consumer.

Important: The absence of a cash or sales receipt or other document certifying the fact and conditions of the purchase of shoes by the consumer is not a basis for refusing to satisfy his requirements.

The seller is obliged to accept goods of inadequate quality from the consumer and, if necessary, to check the quality of shoes. The buyer has the right to participate in the quality control of the goods. Often there are disputes about the causes of shoe defects. Then the seller must conduct an examination of the goods at his own expense. The buyer has the right to challenge its results in court.

If the expert examination establishes that the faults of the shoes arose through the fault of the buyer, then the latter is obliged to reimburse the costs of the examination, as well as the costs of storage and transportation of the goods associated with it.

The Seller shall be liable for defects in shoes for which the warranty period has not been established, if the Buyer can prove that such defects arose even before the pair of shoes was sold to him or for reasons that arose before that moment.

With regard to shoes for which the warranty period is set, the seller is responsible for its defects if he cannot provide evidence that these defects have arisen:

• after the transfer of a pair of shoes to the buyer, as the latter violated the rules for the use, storage or transportation of the purchase;
• as a result of the actions of third parties;
• due to force majeure circumstances (force majeure).

Also, the aforementioned Law (Article 21) states that the seller, in the event of a request for the replacement of goods, is obliged to replace it within 7 days. If an additional quality check of such goods is required, then the replacement period is extended to 20 days from the date of presentation of such a requirement. It is possible that the seller does not currently have the necessary shoes for replacement. Then the replacement of shoes should be carried out within 1 month.

Important: a product of a quality that does not correspond to the declared one must be replaced only with a new product, and in no case with a used one.

Other requirements of the buyer, namely:

• about a proportional reduction in the purchase price of the goods;
• reimbursement of expenses for the correction of defects in the goods;
• refund of the amount of money paid for unusable shoes;
• compensation for losses caused to the buyer in connection with the sale of shoes of inadequate quality;

the seller is obliged to satisfy within ten days from the date of presentation of the relevant demand.

It is important to take into account the following:

• if the seller replaced the product with a defect with a product of a similar brand (model, article), the price is not recalculated;
• when replacing defective shoes with a pair of another brand (model, article), cheaper, the difference in prices is returned to the buyer;
• when replacing defective shoes with a pair of another brand (model, article), more expensive, the buyer pays the difference. The price is fixed at the time of the exchange.
• when returning shoes of a quality that does not correspond to the declared one, the buyer has the full right to demand compensation for the difference between the price on the day of purchase and the price on the day of return;
• if shoes purchased on credit are returned, the seller reimburses part of the already paid loan and the fee for its provision.

Important: if more than 14 days have passed since the date of purchase, you have worn shoes one or more times, having previously removed all the price tags, stripes or stickers from the manufacturer, the shoes are of good quality and of good quality, but suddenly for some reason you don’t like them, return this pair to store, referring to the existence of a guarantee, it is impossible.

Thus, we see that the interests of buyers in our country are quite well protected by law. There are various options for resolving conflicts related to the quality of the goods offered, and at the same time, the seller is subject to strict responsibility for compliance with all requirements for the quality of the goods. The problem is that not everyone knows about their rights and does not try to defend them in everyday life. We urge you to carefully study our materials in order to save your nerves, your health and your money in any life circumstances.

Consumers, faced with the problem of low-quality shoes, often do not know how and when to return the goods to the store. In the Law of the Russian Federation "On Protection of Consumer Rights" a clear warranty period for shoes not installed. However, paragraph 1 of Art. 19 Law says about two years from the date of sale, during which the buyer can make claims about the quality of shoes to the seller.

You should be aware that the seller cannot reduce the warranty period specified by the manufacturer. Often the store sets it to a month or even less. Therefore, to find out the true warranty period, you should contact the manufacturer by phone or on the website.

✔ Different types of shoes - different guarantee

There are off-season shoes, which include home, sports office shoes. The warranty period for such shoes begins to run according to the general rule: from the moment of purchase. Art. 19 of the Law establishes that the warranty period for seasonal goods, which include certain types of footwear, is calculated at the onset of a particular season, the period of which is determined by the relevant subject of the Russian Federation, taking into account the climatic conditions of the place where the consumer is located. This applies to summer, winter and demi-season shoes. Those. the guarantee for winter shoes will be different in Moscow or Tyumen, you need to find out from the local administration.

In addition, state standards establish a different warranty period depending on the material of the shoe. So, the warranty period for shoes with leather soles must be at least 50 days, for shoes with porous rubber and polyurethane soles - at least 80 days, for leather-like rubber - at least 70 days.

○ How to return the shoes to the seller?

Purchased but not worn shoes that did not fit in color, style, size, configuration or shape can be returned to the seller, if not two weeks from the date of sale. At the same time, it is necessary to save the packaging, manufacturer's labels and the cash receipt.

If the shoes are defective, you should return them to the store, stating the following requirements:

• Replacement for shoes of the same company and model;
• Replacement for shoes of another model, while it is necessary to recalculate the cost;
• Proportionate reduction in the purchase price;
• Immediate gratuitous elimination of shoe defects;
• Reimbursement of expenses for the elimination of defects in the goods;
• Refund of funds paid for shoes.

In the event that the seller refuses to fulfill one of the requirements, it is necessary to draw up a written claim and indicate the date of purchase, the name of the shoe model, article number, price, describe the defect and state the necessary requirement (we provide a sample of such a consumer claim). A copy of the cash receipt must be attached to your claim, however, clause 5 of Art. 18 and paragraph 1 of Article 25 of the Law provide for the return of goods without a check. In this case, it is allowed to refer to testimonies. Those. if you don't have a check, you need a witness!

If the measures taken have not brought results, the consumer can conduct an independent examination. A copy of the examination certificate should be sent to the store with a repeated claim, adding a requirement to compensate for the costs of the examination.

○ Shoe repair warranty

The law does not establish a specific warranty period for shoe repair, each workshop determines it independently.

Lawyer's note:
The warranty period must be announced by the performer of the work BEFORE repair or be in a publicly accessible place for viewing: at the workshop stand.

The consumer of works should be interested in the terms of the guarantee in advance. However, if they are not established, this does not deprive the consumer of the right to demand free correction of defects in the repair or a full refund within a reasonable time.

○ Do I need a passport when returning shoes?

The seller does not refuse to change a defective pair of shoes, but asks to fill out an application and present a passport. Are his demands legal, or is the buyer not required to show the seller his ID?

Refunds for goods are carried out according to the form of an expenditure cash warrant approved by the tax service. It provides for the mandatory indication of the passport data of the recipient of money. Therefore, the requirement of the store to present such a document is in accordance with the law and must be complied with.

By the way, we have posted detailed material on how to return money for goods on the page.

Video

A story in which the lawyer tells in detail how and when you can return the shoes to the seller, what to do if the seller does not accept claims.

Do you have any questions? Or do you have a history of how you did in this matter? Then welcome to the comments!

Returning shoes to the store is not as easy as it says in consumer protection law. Sellers often refuse, especially if you have had time to vilify them. The Moscow-Lawyer Collegium told how to competently defend your rights.

You can return shoes to the store if they just don't fit you. Return conditions:

Not later than 14 days from the date of purchase;

The buyer provided a receipt that confirms your purchase;

You did not wear shoes, the presentation and consumer properties, packaging and labels have been preserved.

If you didn't keep the receipt, don't worry. The fact of purchase can be confirmed by witness testimony.

Art. 25 of the Federal Law "On the Protection of Consumer Rights" (hereinafter referred to as the Federal Law).

The law provides for both options. You can return the shoes and claim a refund of the entire amount you paid. If you like another pair, ask for an exchange with an additional payment or a refund of the difference in price.

Art. 25 of the Federal Law.

For example, you bought running shoes that, according to the consultant, are designed for running. We came to the stadium, ran and found out that these were not running shoes, but ordinary fitness shoes. You have the right to return the product because you have been provided false information. The second example - the seller assures you that the boots are made of genuine leather, and over time it becomes clear that this is ordinary leatherette.

Art. 12 of the Federal Law.

If defects are found, you have the right to demand a replacement, repair or refund. The claim can be made during the warranty period, and if it is not specified - up to 2 years. The term for eliminating defects is up to 45 days, replacement - 20, refund - 10.

Yes, it is spreading. You have the right to request a repair, replacement or refund if:

Sole peeled off

The sole was worn out: leather in 50 days, porous rubber and polyurethane sole - 80 days, rubber imitating the skin - 70 days;

Stitched seams are torn;

Peeled, faded paint.

It is not considered a marriage and, accordingly, cannot be repaired, exchanged or returned:

If defects arose due to inaccurate or improper wear, for example, out of season or for other purposes;

Shoes already repaired by the owner;

After the expiration of the warranty period.

Art. 18-22 of the Federal Law.

When it comes to returning or exchanging new shoes that have not been worn, everything is simple - sellers rarely refuse a legitimate request to a buyer. When it comes to returning a defective item, shoes with flaws, due to the provision of false information, buyers face difficulties.

We recommend that you insure yourself in case of refusal - make a claim. Make a copy of the claim to get the seller's signature on delivery on it. In the claim, clearly indicate your requirements: return the money, replace it with a new quality item, repair it. The seller must respond to the claim within 10 days. If he declares the need for an examination, he must conduct it at his own expense.

Art. 22 of the Federal Law.

File a complaint with the authorities of Rospotrebnadzor and a lawsuit in court. You can claim compensation not only for the price of the product itself, but also for moral damages, losses, penalties and fines.

If you decide to go to court, use the services of a lawyer. His participation in the lawsuit will significantly increase your chances of success, especially when it comes to expensive shoes. The lawyer will include the cost of legal services in the amount of the claim and they will be paid by the losing party.

Hello!

In accordance with paragraph 1 of Article 18 of the Law of the Russian Federation "On the Protection of Consumer Rights of 07.02.1992 N 2300-1", in the event that defects are found in the product, the consumer has the right of his choice:

Request a replacement for a product of the same brand (the same model and (or) article);

Request a replacement for the same product of a different brand (model, article) with a corresponding recalculation of the purchase price;

Request a commensurate reduction in the purchase price;

Demand immediate gratuitous elimination of product defects or reimbursement of expenses for their correction by the consumer or a third party;

Refuse to fulfill the contract of sale 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 goods with defects.

Also, in accordance with Art. 25 of the Law on the Protection of Consumer Rights, the consumer has the right to exchange a non-food product of good quality for a similar product from the seller from whom this product was purchased if the specified product did not fit in shape, size, style, color, size or configuration.

The consumer has the right to exchange a non-food product of good quality within fourteen days, not counting the day of its purchase.

The exchange of a non-food product of good quality is carried out if the specified product was not in use, its presentation, consumer properties, seals, factory labels are preserved, and there is also a sales receipt or cash receipt or other document confirming payment for the specified product. The fact that the consumer does not have a sales receipt or a cash receipt or any other document confirming payment for the goods does not deprive him of the opportunity to refer to witness testimony.

If a similar product is not available for sale on the day the consumer contacts the seller, the consumer has the right to refuse to fulfill the contract of sale and demand the return of the amount of money paid for the specified product. The demand of the consumer for the return of the amount of money paid for the specified goods is subject to satisfaction within three days from the date of return of the specified goods.

We all understand that it is very difficult to evaluate all the nuances when buying shoes in a store - the most important thing is to evaluate the comfort of wearing shoes.

As you can see, consumer rights law gives the buyer a great opportunity to think about their purchase within 14 days. During this time, you can try on shoes in different versions, walk around the house, try to break them in, and evaluate their convenience. If the shoes do not fit you - unworn shoes, which have retained their presentation, can be easily exchanged for another pair or refunded if there is no product you like.

Since in your case we are talking about used shoes, its exchange or return will be possible only if there is a manufacturing defect.

At the same time, the question of the shortcomings of the quality of the goods here is quite controversial.

It is impossible to say unequivocally that uncomfortable shoes are poor quality shoes. The reasons for the inconvenience of shoes for wearing can be very different: both the wrong block of the shoe itself, and the mismatch of the shoe with the size or features of the buyer's foot.

As far as I understand, in addition to an uncomfortable shoe, an extraneous inclusion interferes with you inside the shoe (perhaps, frozen glue that has leaked out from under the insole). It is difficult to say without seeing this pair of shoes with your own eyes what it is and whether it is a manufacturing defect. But we can assume that this is a manufacturing defect, because there should certainly not be leaked glue inside the shoe.

I think, in any case, you should contact the store with an indication of this defect. Perhaps the seller will not even have questions about the return of this pair of shoes, and your requirements will be immediately satisfied.

If the store considers the presence of a defect or the cause of its occurrence doubtful, it will appoint an examination of the quality of the goods.

In case of refusal to satisfy your requirements without explanation, make a written claim, indicate the term for its consideration, and request an examination yourself.

Be sure to indicate that the shoes are uncomfortable to wear. In this case, the experts will check the block for compliance with all requirements. If the examination confirms the low quality of the goods, your claims will be satisfied in the manner prescribed by law.

Good luck!

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Additionally

When purchasing boots or shoes, some of their defects are easy to overlook and detect only after wearing them for a couple of days. What to do in such a situation? Is it possible to return shoes to the store after a little wear? What arguments should be used to achieve justice?

What does the return policy say?

The return of goods to the store is regulated by the Federal Law of the Russian Federation No. 2300-1 "On the Protection of Consumer Rights" (ZPP). It allows two options when you can take the goods back to the store:

• the shoes did not suit the new owner for any characteristics that did not affect their quality (Art. 18): the shoes turned out to be narrow, upon closer examination, the color did not like. Then the person has the right to return the shoes to the outlet where they purchased them within 14 days, not counting the day when the transaction took place;

You can count on a full refund of shoes only if at the time of contacting the store's warehouse there was no such pair. The money will be returned to the buyer within 3 days. When a similar thing is available, the consumer has the right to exchange - other options are not provided by law;

• the purchase was found to be defective. In Art. 25 RFP defines the conditions for the return of goods, which can not only be returned, but also exchanged for a similar one, repaired, demand monetary compensation for defects. The buyer himself chooses the most convenient option for him.

A dissatisfied customer has the right to demand that the seller compensate for the losses incurred as a result of an unsuccessful purchase. Compensation for non-pecuniary damage and damage to health is not excluded, which very often happens when wearing low-quality shoes.

The claim period for this product is limited by the seller's and manufacturer's warranties. It must be documented on the sales receipt or in the contract of sale. If there is no such mark, then the buyer can count on the maximum period indicated by the RFP and the Civil Code of the Russian Federation - 2 years from the date of purchase.

Can used shoes be returned?

When the buyer decides that the shoes do not suit him in terms of their main parameters, and decides to return them to the store, the requirements of Art. 25 ZPP: the returned item must be in a marketable condition and not lose its consumer qualities, so that it can then be sold. Therefore, before contacting a retail outlet, you need to make sure that the pair does not have external signs of its use. Otherwise, the seller will not accept it, and will be completely right.

Let's say the shortcomings of the shoe were discovered during its use. In this case, its deterioration does not matter if the warranty period has not expired. Then, if the seller agrees with the claims and is ready to take the shoes back, you must:

• write a statement to the store, in which it is intelligible and reasonably put forward requirements;
• endorse an act confirming the fact of the transfer of shoes to a sales employee;
• within 3 days to receive money under the expenditure cash order.

Presentation of the check is not obligatory, it will be successfully replaced by a properly executed witness statement. There are other ways to prove the fact of making a purchase at a particular outlet.

How to return shoes if the seller under no circumstances agrees to take the item that is worn, and the buyer is right? You will need the advice of a professional lawyer familiar with the practice of such cases. He will help you sort out the problem, return the goods and get your money back in a short time.

ATTENTION! Due to recent changes in legislation, the information in the article could be outdated! Our lawyer will advise you free of charge - write in the form below.