The Law on the Protection of Consumer Rights gives citizens of the Russian Federation certain rights, but not every consumer decides to take advantage of them. Did you know that you can return goods to the store even without a receipt? How and when this can be done - more details in our article.
Elena
Hello. The question is: I bought sneakers in March and threw away the receipt. During the sale, the seller clarified that the warranty will begin in May (since it’s a summer collection), I wore it only once, and discovered that the tailoring was not of good quality - the sneakers were lopsided. In this case, can I return the goods? 14 days have already passed and there is no receipt.
Sergey (senior lawyer)
Hello, Elena! Since it is not recorded anywhere that the guarantee begins in May, then general rule There is a legal provision that the warranty begins to be calculated from the moment the product is sold. In this situation, without any documentary or witness evidence, you will not be able to return the goods.
Victor
Good afternoon, I bought boots in Arkhangelsk, now I live in Moscow, and after two months the boot fell apart. To make a claim, I need to go to Arkhangelsk or I can contact one of the Srechers chain stores in Moscow. The receipt remained in Arkhangelsk, there is a printout from Sberbank about payment by card
Sergey (senior lawyer)
Hello, Victor! In accordance with Art. 18 of the Law on the Protection of Consumer Rights, you can present your claim regarding the quality of the product directly to the seller (in Arkhangelsk), manufacturer or organization that is authorized by the product manufacturer to accept claims. But filing a claim with a store in Moscow will be unlawful, since the store in Arkhangelsk and Moscow are legally different sellers.
Artem
Good day. Less than a year ago I purchased a Samsung cell phone. Some time ago, this unit failed, without my help and without any apparent reason, which allows me to return this device under warranty. Could you describe to me the algorithm of the sequence of actions to exercise my right, indicating links to articles and application forms, taking into account the following circumstances: The phone was purchased in Volgograd, at the office of the Euroset company, I this moment I live in Krasnodar, the office where the goods were purchased has been closed down and no longer exists, and of course the sales receipt and box are missing. If necessary, I can find out the office address and calculate the approximate time of purchase - with an accuracy of 10-15 days. Thank you in advance.
Sergey (senior lawyer)
Hello, Artem! Based on Art. 18 of the Law on the Protection of Consumer Rights, you have the right to demand warranty repairs. In addition to the seller, you can submit a claim to an authorized organization, that is, the representative office of Samsung in Russia, which carries out warranty repairs. Write your application using the form that will be provided to you by this organization. If repairs are refused, write a claim, also in a simple form.
Denis Gavrilov
Hello! I bought a classic suit in a store, the seller asked me to pay in cash. As a result, upon arriving home, I discovered that she had not given the receipt, which is very strange, and besides, the product actually costs less. What should I do?
Sergey (senior lawyer)
Hello, Denis! You can go and ask for a sales receipt. In theory, they should not refuse if a little time has passed since the purchase.
Irina
Good afternoon, I already asked a question about returning a coat to the store, you told me that I could only exchange it, and if there is nothing to exchange for, I tried on the whole store, but I didn’t like anything, then what should I do?
Sergey (senior lawyer)
Hello Irina! In accordance with Art. 25 of the Law on the Protection of Consumer Rights, if a similar product is not on sale on the day the consumer contacts the seller, the consumer has the right to refuse to execute the sales contract and demand a refund of the amount of money paid for the specified product. Thus, you have the right to return the money.
Irina
Good afternoon, please tell me, four days ago my husband and I bought a coat, we arrived home, but I don’t like the coat, I don’t know how I could buy it like that, the tags on the coat are all there, as it turns out there is no receipt, I thought maybe they were in a bag with the coat I put it in, there is no receipt, I want to return it back to the store and get the money, will they accept my item without a receipt?
Sergey (senior lawyer)
Hello Irina! In accordance with Art. 18 of the Law on the Protection of Consumer Rights, the client’s lack of a receipt is not a basis for refusal to satisfy his legal requirements. But in your situation, you only have the right to exchange your coat for another coat that differs in style, color, etc. You would be entitled to a refund if the coat were found to have any defects.
Tatiana
Hello! I have this situation, I bought a phone in the Svyaznoy store in installments according to the store’s promotion (that is, without overpayment), I asked the consultant to pick it up for an amount of up to 15,000 rubles. , the consultant picked it up for 16,300, but issued a loan for 27,800 rubles. I asked a question about the amount, to which he replied that it was an overpayment for 2 years and if I paid earlier the amount would be less (he deceived me in general), I refused, but he insisted citing the fact that it is no longer possible to refuse (also deception). I agreed, he allegedly gave me a flash drive and a bunch of SIM cards as a gift and asked me to deposit 1,500 rubles in cash. the first payment, saying that it will be written off from the loan. He folded me a package of documents, hiding the check in the papers. When I arrived home, I discovered that the check included all the “gifts” that he gave me (an item I didn’t need) plus two services that we didn’t even talk about and the installment plan was exactly 27,800 and there would be no discounts for early repayment. And the amount I paid in cash is not included in the check, that is, it does not appear anywhere at all. Can I return the goods I don’t need (flash drive and SIM cards) and also get the money back for the services stated in the receipt? And is it possible to return 1500 rubles? paid in cash? Where to start and what to do?
Sergey (senior lawyer)
Hello Tatiana! In accordance with consumer protection legislation, goods can only be returned if they are faulty. Within 14 days, you can only exchange the product if it does not suit you in color, size, style, etc. Accordingly, there is hardly a legal opportunity to return these 1,500 rubles paid for the goods. In your situation, the most correct thing would be to go to court with a claim to declare the purchase and sale agreement invalid, since it was concluded as a result of a material mistake.
Igor.
Good afternoon. I have this situation. I bought linoleum from the AKSON store about half a year ago. When laying it, it turned out that half a meter was missing. Those. I bought and beat the length to 4.5 meters, and the result turned out to be 4 meters. Unfortunately, the receipt was lost. But there is a barcode for the product release that indicates the required length. I want to return the money. Tell me how to do this correctly.
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Sergey (senior lawyer)
Hello, Igor! To begin, simply contact the store that sold you the product and provide evidence of the shortcomings of the purchased product. But be prepared that they will not believe you, since the question concerns not the quality, but the quantity of the product. And taking into account the time that has passed since the purchase, doubts about your honesty will be very great. If they refuse to satisfy your demand, then you need to write a claim and then go to court.
Marina
At the post office on 03/07/2019 I received a parcel from the Shop and Show online store - a blouse. The post office did not give me a receipt for payment for the parcel. I came home, tried on the blouse and it turned out to be too small. I filled out the form in the return package. But I read there that it is necessary to provide a cash receipt or sales receipt. The tags remain on the blouse. The time to return the item has not yet expired. What about the check? Wouldn't this be grounds for refusing to return the goods? I'd like to add: a sales receipt was included in the parcel. But there is no receipt for payment in the mail for the parcel. But they won’t give me the parcel if I don’t pay for it... Help me figure it out.
Sergey (senior lawyer)
Hello, Marina! In accordance with Art. 25 of the Law on the Protection of Consumer Rights, in order to return goods of proper quality, there must be a receipt of payment. Therefore, in its absence, you may be refused an exchange on completely legal grounds. Of course, you can refer to witness testimony, but you will have to write a claim and go to court.
Vadim
Good afternoon. In June-July 2018, I bought a Mio-618 video recorder at the Media-Markt store. The DVR is broken. The cashier's check was lost, I wrote an application for reinstatement of the check to M-video, since M-video assumed all the debts after the purchase of Media-Markt. They can't find the receipt. I rewrote the application with the involvement of 2 witnesses who saw and confirm the fact of the purchase. I was refused again. Tell me what to do.
Sergey (senior lawyer)
Hello, Vadim! You must write an official complaint indicating any violations of your rights as a consumer. If you refuse, you must go to court. There are no other options for resolving the situation.
Elena
Good afternoon. Please tell me about a partial refund. Everywhere it is said that it is necessary to collect the receipt from the buyer, mark the returned goods on it and give a copy back to the buyer. But what to do in cases where the buyer does not have a receipt?
Sergey (senior lawyer)
Hello, Elena! The law does not provide for the return of a check to the buyer. This most likely has to do with the internal instructions of the sellers. In our opinion, the seller has the opportunity to make any duplicate of the check or issue a duplicate of the sales receipt.
Natalia
We bought a magnetic gift box of coffee with a cup as a gift for a relative. The box was not opened in the store. The box was given as a gift. It turned out that the cup was defective. There is a chip at the top, which is painted over with gold embossing, so it was assumed that this was a manufacturer’s defect. The receipt was not saved. Can we return a defective product to the store and replace it with a quality one?
Sergey (senior lawyer)
Hello, Natalia! In accordance with Art. 18 of the Law on the Protection of Consumer Rights, the absence of a receipt is not a basis for refusal to satisfy consumer requirements. Therefore, you have every right to exchange the goods for a quality one.
Elena
I placed an order for the manufacture of built-in wardrobe elements: a side wall and a sliding system. The order was manufactured and delivered, but when unloading it, it turned out that the doors of the sliding system were half a meter smaller than required. Accordingly, I did not accept the order, I made a note in the accompanying documents: the doors are smaller than the required size, and I signed it. I consulted with the company manager by phone about the fact that I did not accept the order in full, along with quality parts. She told me that they would call me tomorrow and tell me when the order would be corrected. There was no call. A day later I called back to find out the fate of the order. I was told that I needed to write a complaint in order for the issue to be resolved. I wrote a complaint by email. It turned out that the claim is considered within 10 business days. I'm still waiting for a decision. 11 days have passed from the date of delivery of the order and its cancellation. The next point worries me - I lost the documents (agreement and payment receipt). Could this be a problem when resolving a conflict? The contractor has all the information about the order and payment recorded in the database. In addition, I was informed that I paid extra money. Most likely this is the answer. I ordered doors 2530mm, but in the documents received by the manufacturer (workshop) the size is 2053mm. Most likely, I overpaid for these 477 mm. Please advise what to do to resolve the issue? thanks in advance for the answer
Sergey (senior lawyer)
Hello, Elena! In accordance with Art. 29 of the Law on the Protection of Consumer Rights, if significant deficiencies are identified, you have the right to withdraw from the contract and demand the return of the amount paid. In accordance with Art. 31 of the consumer protection law Your claim must be considered within 10 calendar days. Therefore, in this situation, it is time for you to write a statement of claim to the court.
Natalia
Good afternoon. We bought an Oral-B electric toothbrush from an online store. It turned out to be defective and does not work. 14 days have not passed. They refuse to return the money because it is a hygiene product. Is refusal legal?
Sergey (senior lawyer)
Hello, Natalia! Based on Art. 18 of the Law on the Protection of Consumer Rights, within 14 days after purchasing a technically complex product, if defects are found in it, the consumer has the right to return this product (absolutely any product) and demand a refund. Therefore, your refusal was completely unlawful.
Sergey
Hello, I have a question, I work in retail. A customer came and said he wanted to return the product. I say no problem. Can I have your check? No receipt! We were brought to a store WITHOUT A RECEIPT, NO RETURN OR EXCHANGE, the boss says “maybe he bought it somewhere else and wants to return this product to us without a receipt, or even worse, he bought it cheaper, but it costs more here, he received more money than necessary.” What else do we have: we don’t have cameras, and we don’t have sales records. What exactly we sold, we don’t keep sales receipts, we don’t remember the client ourselves. What to do in this case, what to do
Sergey (senior lawyer)
Hello, Sergey! According to the consumer protection law, the absence of a receipt is not grounds for refusal to satisfy the buyer’s request. Ask him to provide other evidence that he bought the goods from you. If there is no such evidence, then you can refuse the person’s request to return the goods.
Elena
Good afternoon I'm a salesman in a store building materials, such a question, a man bought cement “Portland cement grade 500” in the fall of October 2018 - he poured 4 bags of the base on the house, he said that now the base was crumbling. On February 2, 2019, he came to us with a demand that we give him money for cement, there was no receipt, and he threatened our actions with the police.
Sergey (senior lawyer)
Hello, Elena! There are no grounds for a refund for several reasons. Firstly, there is no warranty period for cement, therefore, in order to satisfy the consumer’s requirements, he himself must prove that the cement was of poor quality. Secondly, in the man’s appeal there is no evidence that the cement was of poor quality, and not, for example, that he violated construction rules. Therefore, respond to verbal complaints with a refusal, and if a man sends a written complaint, give a written response in accordance with the law.
Oleg
Good afternoon Tell me, a client purchased a phone from me and is trying to return it. There was a fact of purchase. But he is trying to give me a phone with an IMEI that I did not purchase. He doesn’t present a sales receipt, although I definitely wrote one out. Threatens to sue, what should I do?
Sergey (senior lawyer)
Hello, Oleg! Point out to him that he is giving away a different phone than the one he bought. If you are sure that you are right, then you should not be afraid of the court. It is possible that you are dealing with a scammer who buys a normal phone, and then returns another faulty phone under the guise of just buying it. Therefore, you can intimidate him with the police.
Elsa
I bought sausage, found at home that the expiration date had already expired by 3 days, unfortunately I didn’t take the receipt. Can I return it back?
Sergey (senior lawyer)
Hello! Since there are claims regarding the quality of the goods, you can, on the basis of Art. 18 of the Law on the Protection of Consumer Rights, return the goods and demand an exchange or refund. However, providing a cash receipt is not mandatory; the fact of purchase can be proven in other ways.
Tatiana
Good day. Tell me, we bought a blouse for a child, it turned out to be too small. By the time they started trying it on, the tag was cut off. As a result, the jacket did not fit, the label was saved, but cut off, there was no receipt. Do we have the right to return the money or exchange the product for another?
Sergey (senior lawyer)
Hello Tatiana! Unfortunately, in accordance with current legislation, in order to exchange goods of good quality, the preservation of labels is required. Therefore, the seller can, on completely legal grounds, refuse to satisfy your request.
Hello, I bought a jacket, they didn’t give me a receipt, the tag was cut off so I could wear it. I left the store, got into the car, came home, took a closer look, the jacket is large, size L since I have an S. I didn’t wear the jacket again, only one day passed after the purchase. Is it possible to return a product?
Sergey (senior lawyer)
Hello, Dasha! An exchange of goods for another, if it does not fit in size, can be carried out provided that the presentation and labels are preserved. And since there are no labels, the seller can legally refuse to exchange the goods.
Tatiana
I bought some products at the Magnit supermarket, including two packs of kefir (Manufacturer: First Taste). The expiration date is stated until 12/30/18. But today, December 27, I discovered that the packaging was swollen. At least I put it in the refrigerator as soon as I brought it home. I didn’t save the receipt as expected. I'm thinking of taking it back and exchanging it for a quality product. Can the store tell me that this is due to improper storage, they say, it’s my own fault. And what should you do to exchange a product or return money?
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Sergey (senior lawyer)
Hello Tatiana! Of course they can answer. But consumer protection legislation is on your side. In particular, you can refer to Art. 18 of the Law on Protection of Consumer Rights.
Vladislav
Hello. Please tell me about this question: I bought soft slippers today at a fair in St. Petersburg as a gift for my girlfriend, but they didn’t match the color. The slippers themselves have not been worn, there are no stains or damage on them. But they didn’t give me a sales receipt, just slippers without labels and a price tag in a branded bag with the manufacturer’s website. Everything is saved. The fair itself is located on the territory of a large shopping center Mega with cameras. There were two people with me who could act as witnesses. I also found on the website that the slippers cost two times less than what the seller sold to me. Can I return the product and my money?
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Sergey (senior lawyer)
Hello, Vladislav! Since no defects were identified in the product, then you, in accordance with Art. 25 of the Law on the Protection of Consumer Rights, you have the right only to exchange goods for another product, but of a different style, color, etc. You are entitled to a refund only if the seller does not have the required product.
Svetlana
Hello, we bought a floor cabinet instead of a corner kitchen cabinet. A month ago. We lost the receipt. Is there a chance for us to replace it?
Sergey (senior lawyer)
Hello Svetlana! You had the right to change the product within 14 days. Since this period has already expired, you can exchange the product only due to a manufacturing defect.
Larima
Hello! I bought a curling iron in a store, a month passed, it stopped working for me, and I threw away the receipt along with the box. I contacted this store asking for an exchange or return of an item. They refused me, citing the fact that there was no box. How can I return a broken curling iron?
Sergey (senior lawyer)
Hello! The refusal is unlawful, since you applied due to a broken product. You need to write an official complaint to the store, and in case of refusal, go to court with a claim for consumer protection.
Irina
Hello! I want to return the trousers, the return period has not passed yet, but I threw away the receipt. The store refuses to accept returns without a written statement from witnesses. Is this legal?
Sergey (senior lawyer)
Hello Irina! The requirement is legitimate, since the law on the protection of consumer rights states that when exchanging goods of good quality, a cash receipt or sales receipt for the purchase of the goods must be presented. If there is no receipt, then the consumer can refer to witness testimony. Therefore, it is better to document witness statements in writing.
Diana
Hello. A question. We bought a phone for our child, but they didn’t let him use it yet because there was no glass or case. The phone died after a few days. After charging, the phone does not turn on. They took it to a familiar master, who said it was better to return it. But there is no receipt. Is it possible to return without a receipt? And what you need to do? The phone is not under warranty.
Sergey (senior lawyer)
Hello Diana! It's strange why there is no warranty if the phone was bought new. But if the phone is not new and there is no warranty, then you can return the product in accordance with the terms of the agreement concluded with the seller. Also in accordance with Art. 18 of the Law on the Protection of Consumer Rights, when returning goods that have defects, it is not necessary to present a receipt. The fact of purchase from a specific seller can be established in other ways.
Elena
Hello! I bought a leather jacket a month ago. Today I discovered that it was torn under one of the sleeves. I can't find the receipt. Can I return it to the store?
Sergey (senior lawyer)
Hello, Elena! According to Art. 18 of the Law on the Protection of Consumer Rights, the absence of a consumer's cash or sales receipt or other document certifying the fact and conditions of purchase of goods is not grounds for refusal to satisfy his demands. Other evidence may be presented to prove the purchase of the goods. The seller can check in their electronic databases the fact that the jacket was purchased at the time you specified.
Sergey
Hello. I purchased a low-quality product from the Kirovsky store about a month ago. Yesterday I opened it and found a defect. The receipt was not preserved; for this reason, the store manager refuses to return or exchange the goods. How to act in this situation and defend your rights?
Sergey (senior lawyer)
Hello, Sergey! According to Art. 18 of the Law on the Protection of Consumer Rights, the absence of a consumer's cash or sales receipt or other document certifying the fact and conditions of purchase of goods is not grounds for refusal to satisfy his demands. The fact and conditions of purchase of goods can be confirmed by other evidence. You need to write an official claim, and if it is refused, go to court with a claim.
Sergey (senior lawyer)
Hello, Ksenia! Since you are under 14 years of age, you can only make small household transactions or transactions involving money provided by your parents. Taking this into account, you will most likely be refused to exchange your backpack, since this is a large purchase and the presence of one of the parents is required.
Ksenia
Hello! I bought a backpack with my mother, but I didn’t like it. Can I exchange the goods without a passport? I don’t have a receipt and 14 days have not passed since the date of purchase.
Natalia
Good afternoon I bought some sneakers and want to return them because the size is wrong. The sneakers have not been used, there is a receipt for purchase. But there is no tag on the sneakers, apparently it was torn off when they removed the magnetic protection and did not put it in my bag with the rest of my purchases. Can they refuse to return me if I don't have this tag with the price tag on it? Thank you! 14 days have not passed yet.
Sergey (senior lawyer)
Hello, Natalia! They may refuse, since a return is possible if the product remains in its original condition. And without a tag, the presentation is lost. But it’s worth a try, maybe they’ll meet you halfway.
Sergey (senior lawyer)
Hello, Marina! Unfortunately, no, since the 14-day period established by law has passed. If there are no complaints about the quality of the product, then it will not be possible to return the form.
MARINA
Hello! My son is a cadet. For four years in a row I bought him a cadet uniform in the same store. The store is local, they sew and sell themselves. I bought my son a cadet uniform this year too. Today on parent meeting the form was cancelled. I didn't save the receipt. A month has passed. Form with tags. Can I return the product to the store?
Dmitriy
Good afternoon The following situation occurred: after half a year of classes at a sports club, the club closed without warning, the network club closed, only one division out of 8 closed. The administration states that without the check that I lost, half a year has passed, they do not intend to return the money. It is clear that this is illegal, but what should my actions be for justice to prevail? Thank you in advance for your cooperation!
Sergey (senior lawyer)
Hello Dmitry! The procedure here is standard: sending a written claim with your requirements, and in case of refusal, sending a statement of claim.
Elizabeth
Hello. I bought a case for mobile phone, but it didn’t fit the shape of the phone, and a week later I took it back to the store. They refused to return my money, but took the case for sale, for which they gave me a receipt. And now, for two months now, no one has bought the cover, and the seller flatly refuses to return the money. The check has already been lost. There is only a receipt for the goods accepted for sale. Please tell me what should I do and can I get my money back?
Sergey (senior lawyer)
Hello, Elizaveta! According to the law, you were not required to return the money. You had the right only to exchange goods of proper quality. Therefore, request another cover that would fit.
Irina
Good afternoon We contacted the store with a problem regarding a product under warranty. The purchase was made on January 14, 2018. Children's smart watch HIPER EasyGuard black, the cash receipt was lost, but the payment was made by bank transfer, as evidenced by the bank statement and SMS notification from the bank about payment. The store manager consulted about the possibility of accepting the goods for repair by phone, after which he restored sales receipt No. 305710 dated January 14, 2018 in the amount of 3,490 rubles. But when scanning the IMEI code, the program reported that such goods were not purchased or sold in Svyaznoy. I was informed that I did not buy this watch from this store. IMEI is not indicated on the sales receipt. I contacted the Svyaznoy support service with this question, sent a photo of the packaging with codes, and received an answer: the fact that our Company purchased and sold the gadget has not been confirmed. How should I proceed? This particular watch was bought in this store. So they sold me a counterfeit product?
Sergey (senior lawyer)
Hello Irina! You need to look for witnesses to the purchase of goods in a specific store. In addition, you can find out where the transaction took place in your bank statement. Therefore, carefully study the payment documents you have, as well as the contactor’s website to see if such a product is available at that price. After this, you can write a claim.
Svetlana
Good afternoon, is it possible to return goods according to the sales receipt without a cash register, because... The latter was not given, citing some problems. These are clothes. Thank you.
Sergey (senior lawyer)
Hello Svetlana! According to the law, you can return the goods if there are grounds for doing so, even in the absence of a sales or cash receipt. Therefore, if you have legal grounds for returning the goods, then feel free to return them.
Good afternoon. We bought a clothes dryer. We paid by card. At home they discovered a defect - a broken rib. The receipt and packaging have already been thrown away. Tell me how to properly return or change the dryer? 14 days have not passed yet. The price was discounted, it was on sale. Do I need to file a claim right away, and if so, what and how should I include in it? Thank you in advance!
Sergey (senior lawyer)
Hello Nina! First you just need to come to the store and point out the defect. In case of refusal to replace the goods or return the money, you must write a claim indicating all the circumstances of the case and the formulation of your specific requirements. Also, proof of purchase of the dryer in a specific store must be attached to the claim; this could be a printout of a receipt from the bank.
Anton
Hello, I bought a part in an Auto store, the price was 3200 rubles, I came to the Auto Center to install the part and the technician told me that the part was defective and needed to be replaced, but I didn’t take the receipt from the store, or rather, they didn’t even give me one, tell me what to do?
Sergey (senior lawyer)
Hello, Anton! Go to the store and exchange the defective product for another or demand a refund. If you refuse to do this, you should write a written claim and then go to court. To justify the purchase of a part in a specific store, you can attach printouts of receipts if the payment was made by bank card.
Natalia
Hello, please tell me if I returned a suit for a child to the store, it didn’t fit. They filled out a return request and told me to come back in three days to get the money. This statement was lost, and now the store will not give money without this statement. How to proceed? Bought by bank transfer. There is an SMS about debiting from the card.
Sergey (senior lawyer)
Hello, Natalia! You can try to write a second application. It makes sense to consult with store employees about the most appropriate option for resolving the situation. We must meet halfway.
Eugene
Hello. Please tell me about this issue. I bought three spinning rods at the store with the same price of 2.5 thousand rubles. for every. I bought it a year ago and now it’s time to go fishing. Two spinning rods worked well, but the third one broke on the first cast at the junction of the knees along the fibers, which in principle indicates a defect. Of course, by this time there is no receipt. I looked in their store and there was a similar one that was still worth it but slightly different characteristics and the price had already skyrocketed to 3.5t.r. I bought a spinning rod with my wife, only she can confirm. The question is, is it possible to somehow exchange this low-quality spinning rod for another or return the money? I repeat, I haven’t received the receipt for a long time, and I don’t even remember what date I bought it and in what month...
Sergey (senior lawyer)
Hello, Evgeniy! First you need to understand the question of what warranty period was established for spinning rods. If this period has passed, then you can make claims in connection with low-quality goods only when you can prove that there was a manufacturing defect. Therefore, you will most likely have to conduct an examination to determine the cause of the spinning rod failure and only after that contact the seller with a demand for the return of the goods and money.
Vladimir
I bought underwear in a store, it does not match the size on the tag, when I contacted the store again, the seller refused to exchange it because there was no receipt, what can I do next?
Sergey (senior lawyer)
Hello, Vladimir! The absence of a receipt is not a basis for refusal to satisfy the consumer's request. You need to write a claim to the seller, to which you must attach documents confirming the fact of purchasing the goods from this particular seller, for example, a screenshot of an SMS about the purchase using a card, testimony of witnesses, etc. If you refuse to satisfy the claim, you must go to court.
Tatiana
Good afternoon My husband bought a guitar for his son. At home I discovered chips on the neck, plus the strings sounded bad when clamped on the first fret. For some reason they didn’t give me a receipt in the store, they gave me a discount card as a gift. Payment was in cash. Can we demand a refund for the goods? We found another store with better quality products, we want to buy a guitar there. The purchase period is one day, the product is not damaged.
Sergey (senior lawyer)
Hello Tatiana! If the product has no defects, then you can only request an exchange for another similar product. Refunds are allowed only in exceptional cases when the store does not have a similar product.
Karina
Good afternoon, I made a return on May 2, they didn’t give me a receipt, when I already left the store, seeing that they didn’t give me a receipt for the return, I returned to the seller, asking for a receipt, she couldn’t find it and promised that the money would be returned to within a few days, almost 3 weeks have passed, the money has not arrived
Sergey (senior lawyer)
Hello Karina! Try contacting your bank for clarification. Also, the seller must have the technical ability to duplicate a receipt from memory cash register.
Novel
Hello, I purchased an engine for a walk-behind tractor, at home, upon a qualitative inspection of the product, I discovered that most likely it was a fake, the parts were not properly fitted, cheap plastic and connections, I compared it online with an official dealer, etc.. Can I return this product based on these arguments, and only now I realized that they didn’t give me a receipt either. Thank you!
Sergey (senior lawyer)
Hello Roman! If 14 days have not passed from the date of purchase, then you have the right to return the product and exchange it for another.
Tatiana
Sergey, the item I purchased is a house dress, as it is written on the label. I hope dressing gowns and dresses do not fall under the category of “non-returnable” goods? The problem is that when I paid for the goods with a certificate, they didn’t give me a cash receipt at all; the saleswoman just made some kind of entry in a notebook. How to get my money back? How to prove that the product was purchased in this store?
Sergey (senior lawyer)
By law, you have the right not to receive a refund, but to replace the product with another one, but with a different style, color, etc. And only if the proper product is not available can you return the money.
Tatiana
Hello! I was given a certificate with which I purchased the item. The seller did not punch the receipt. At home, I realized that I simply didn’t need this item and wanted to return it to its salable condition and keep the tags. 14 days have not passed since the date of purchase. There were no witnesses to the purchase. What articles should I refer to in case of refusal of a refund? Where, to whom and how to write a complaint if it comes to this?
Sergey (senior lawyer)
Hello Tatiana! To establish the possibility of returning an item, you need to know what kind of item it is, since according to the law there are categories of goods that cannot be returned at all within 14 days, except in cases of manufacturing defects.
Irina
Good afternoon. Please advise. For my child’s birthday on April 15, 2018, they gave me 2 identical Lego sets, and everything would have been fine, but my son already has one. And, of course, he is not interested in 3 identical robots. Since these are gifts, there are no receipts. The children who gave them are my son’s classmates, but we don’t communicate closely with their parents and calling them with a question about the receipt and where and when they bought the sets would be very incorrect. Is it possible to exchange these sets in one of the Lego stores for those that my son does not have without a receipt, without knowing the specific store where the goods were purchased and without knowing the date of purchase? Those. gifts as if there are and as if they are not
Sergey (senior lawyer)
Hello Irina! There is no such possibility under the law. Only the person who bought them can return the goods. Moreover, you will not be able to confirm the fact of purchase in a specific store and within a specific time frame, on which the possibility of returning the goods for 14 days depends.
Elena
02/14/17 I purchased a short coat, but during the process of wearing it, namely in the spring of 2018, it became noticeable that the fabric rolled up very much and the insulation on the quilted parts was rolled up through the stitches. The discount card that was given in the store and the price tags for the goods have been preserved. Can I return an item due to poor quality? The price is not small for such a “miracle” - 9800?
Sergey (senior lawyer)
Hello, Elena! If the product warranty has not expired, you can return it under warranty. If the warranty period has expired, then you can return the coat within two years after purchase if you prove that the identified defects arose due to the fault of the manufacturer or seller, which will require an examination.
Galina
Hello! On April 12, I bought myself high-heeled shoes, tried them on before buying, they seemed fine.. The next day I put them on at work, but I could only walk for half an hour.. A terribly uncomfortable shoe stands up like a stake, there is a feeling of severe pain, plus there is a seam on the inside a small knot that not only scratches and causes discomfort, but also tears the tights... I didn’t keep the receipt, because I was absolutely sure that I would be happy to wear the shoes.. But I kept the box, wrapper, spare heels for heels... Upon purchase they promised a 90-day guarantee. Can I return an item without a receipt?
Sergey (senior lawyer)
Hello, Galina! By law, you have the right to return the product within 14 days, even simply due to the fact that it did not suit you. The absence of a receipt is not grounds for refusal, since the seller’s modern technical means allow him to establish exactly when and what exactly was purchased.
Julia
Hello! On April 7, in our store, a girl purchased facial cosmetics. Before purchasing, she said that she had sensitive skin, the seller advised her and offered several options for products, the girl made the final choice herself. On April 13, the girl brought two used products she had purchased, stating that she had dermatitis and our cosmetics were harmful to her health. The payment was made via terminal; she did not have a cash register or receipt from the terminal. The expiration dates of cosmetics expire in 2019 and 2020, there are labels on the packaging with full information about the product, and there are also quality certificates. The girl demands a refund or exchange for another product. How should we deal with this situation?
Sergey (senior lawyer)
Hello Julia! Intolerance to cosmetics by a specific person cannot be attributed to product defects for which the seller is responsible. Also, cosmetics cannot be returned or exchanged for another product due to direct prohibition by law. Therefore, there is no basis for satisfying the client’s demands. She must prove that it was the cosmetics purchased from you that caused harm to her health.
Alexandra
Good afternoon. I bought a piece of jewelry 4-5 months ago, and today the clasp on the earring broke. Can I get my money back? There is no cash receipt, but payment was made by card, so proof of purchase can be found
Sergey (senior lawyer)
Hello, Alexandra! If the product is covered by a warranty, then if the clasp is broken due to a manufacturing defect, your jewelry will be repaired free of charge.
Alexander
Good day, on 23.02 I was given wireless headphones, today on 21.03 they stopped turning on, there is no mechanical damage. There is no receipt, the purchase was made on the same day. Can I count on a replacement or warranty for the product? Thank you very much in advance for your answer
Sergey (senior lawyer)
Hello, Alexander! You have a full range of consumer rights in connection with low-quality goods, even in the absence of a receipt. You need to tell the store the date of purchase and, if possible, present the packaging of the goods to verify the exact time of purchase, and you can also use witness testimony.
Pauline
Hello, we bought ceramic dishes in a hypermarket and want to return them because... Having brought it home, we discovered that it smelled rather, even stinked of some kind of chemical. We can’t find the receipt, but we still have the labels from the pots. What should I do? Has the 14 day period from the date of purchase expired yet?
Sergey (senior lawyer)
Hello, Polina! You can return the product without a receipt, but you must accept it. It will be very good if you can confirm the fact of purchase with testimony, and you can also say exactly when this product was purchased. Instead of these pots, you will have to choose another similar product.
Lyudmila
Hello. I was in a jewelry store and bought a pendant. Returning home, I discovered that the main element was missing a large rhinestone. The pendant was sold in a bag, the rhinestone was not found. The seller did not issue a receipt. When I contacted the store the next day to return the product or exchange it, I received a rude refusal. What should I do?
Sergey (senior lawyer)
Hello, Lyudmila! Write a claim; if refused, you must go to court. You can also file a complaint with Rospotrebnadzor.
Vladimir
I bought LED lamps 12 and 01/18/17 in the amount of 338 rubles, but with difficulty I managed to exchange them for new ones with the same characteristics. The old ones burned out on the packaging, 2-year warranty, the store administration refuses to reimburse the difference between the new ones in the amount of 73 rubles. How and where should I go to resolve this issue? Thanks in advance
Sergey (senior lawyer)
Hello, Vladimir! You can write a claim and then go to court. You can also write a complaint to Rospotrebnadzor.
Irina
Good afternoon, on February 23 we made a purchase at a hypermarket. We bought an entrance door, the consultant assured us that it makes no difference which side the door handle is on, and that according to the dimensions we provided him, it fits. As a result, the door did not fit. We want to return the door, but the problem is that the packaging is damaged. a cardboard box in which the door itself was, and unfortunately the receipt was lost. Is it possible to return a purchase without a receipt and packaging??? I will be grateful for a quick answer
Sergey (senior lawyer)
Hello Irina! Yes you can. In the absence of a receipt, you can refer to witness statements as confirmation of the purchase of the door from this particular seller. But problems may arise with damage to the packaging, since the law requires preservation of presentation when exchanging goods of proper quality.
Inna
Is the buyer required to present a cash receipt when returning a product that does not match the ordered color and size, if the product was paid for in the store with a card through the terminal. If the seller demands to return the cash receipt for the purchased goods, does he have the right to do so, if not, indicate which law to refer to in the claim and the article number.
Sergey (senior lawyer)
Hello, Inna! Is not obliged to. You can refer to Part 5 of Art. 18 Law on Protection of Consumer Rights.
Svetlana
Hello! I purchased a case for the tablet from the M video store. It did not fit, the original packaging was preserved, the case was not used. Can we get a refund for it? We can’t find the receipt, but there is detail in the M video personal account that this case was purchased, model, receipt number, date. The website states that they provide refunds or exchanges for goods of good quality, if they do not fit, what is interesting is the absence of a receipt in our case. Thank you in advance.
Sergey (senior lawyer)
Hello Svetlana! According to the law, in this case you can only exchange the product for a similar one. A refund can only be made if a product suitable for the consumer is unavailable. But the absence of a receipt cannot be an obstacle to limiting the exercise of consumer rights.
Maria
Good afternoon I bought a down jacket at the market, but they didn’t give me a receipt. After a week of use, the fastener pulled out by the roots. The store said that they would not refund the money because the product was worn. What should I do next?
Sergey (senior lawyer)
Hello Maria! The procedure is already established: you write a claim, then go to court. You can also write a complaint to Rospotrebnadzor at the same time.
Oksana
Hello! I bought boots in Basconi on January 26, 2018, 15 days passed, I haven’t worn the new ones. The model doesn’t fit. I couldn’t return them at the time, I was away. I came to the store in 15 days and they didn’t return them. Can I return the boots and where can I go?
Sergey (senior lawyer)
Hello, Oksana! You have missed the legal 14-day deadline for returning goods of good quality. Therefore, it will no longer be possible to return it. Now, if any defects are identified, then it will be possible to return the goods.
Oksana
I bought boots in the store on 02/07/2018, that is, three days ago. There is a receipt, but it is damaged. I wore the boots for two days, on the first day the tape glued to the heel “came off”, it got wet and the tape swelled along the blotting seam. Overall a product defect. There is a witness to the purchase. Will the store give me my money back?
Sergey (senior lawyer)
Hello, Oksana! You are entitled to a refund.
Elizabeth
My boyfriend gave me a hairdryer as a gift, the purchase was paid for by card, can I return the hairdryer to the store without a receipt? and if so, how to do this and will the money be returned in cash or transferred to a card?
Sergey (senior lawyer)
Hello, Elizaveta! You can return the hair dryer if there are grounds for this provided by law. If there are such grounds, then you are obliged to accept the hairdryer and are obliged to fulfill your requirements stipulated by law. You can use your testimony to confirm your purchase. young man, other documentary evidence, for example, a printout of your personal account in an online store. Refunds are made in any way at the discretion of the seller.
Veronica
01/04/18 we bought a phone for our child, I saved it myself, which is why it was even more offensive that it was delivered by courier to your home. By the way, the courier called her husband several times before delivery and met our grandmother downstairs, who also arrived just at that time. My husband has an SMS on his phone about delivery. in the evening of 01/14/19 the phone simply turned off, and to this day it still does not turn on. No external defects appeared on the phone during this time. We can’t find the documents, the contract, the warranty card and the receipt, we searched the whole house... do we have a chance to return the goods of inadequate quality? What should I refer to in the store? We are planning to go there today.
Sergey (senior lawyer)
Hello, Veronica! There is a chance, since the seller is obliged to accept the goods even without a receipt. The buyer may refer to evidence other than the receipt to confirm the fact of purchase. This could be witness statements, SMS messages, other documents, etc. When communicating with sellers, refer to Part 5 of Art. 18 of the Law on Protection of Consumer Rights.
Veronica
Sergey, thanks for the answer. Of course, I was prepared... but the seller was ready to refund the money. I called management to approve this case, management refused, citing the lack of a WARRANTY card! references to the law that is displayed right in the same room on the stand are of little concern to them. Management said to refuse. SMS from the courier is not of interest to them, it is not proof. It is useless to write applications there, because... Some boy signs on the application; they don’t put a stamp. go to court. how to deal with these? I only have a photo of the documentation from the stand that is located on their premises. the geolocation is also marked, well at least it’s proof that we were there
Sergey (senior lawyer)
Then write a claim, and then go to court to collect all the fines and sanctions required by law for refusing to satisfy the consumer’s demand.
Love
12/26/2017 we bought a down jacket for our son at dawn, 3 days ago I started noticing down on the jacket, now it’s a nightmare that the down is shedding, it’s not possible to wear it because the down makes the child’s body ache and complains. The receipt is lost, if they return the goods and ask for witnesses, how many should there be? My husband and I bought it together
Sergey (senior lawyer)
Hello, Love! The laws do not say anywhere how many witnesses there must be. In general, it does not say that it is necessary to attract witnesses to confirm the fact of purchase. The seller is obliged to accept the defective product even without a receipt and fulfill the consumer’s requirements. To confirm the fact of purchase, the seller can check the relevant information in his database.
Dmitriy
Hello! Two days ago we bought 20 kg of chum salmon at a fish store, only 7 pieces in a briquette. Upon arrival home, the meat of this fish was dull Pink colour and with a characteristic rotten smell. In general, the receipt, as always, was not preserved, one fish was cut up, 6 pieces of fish remained. Do we have the right to issue a refund? Thank you
Sergey (senior lawyer)
Hello Dmitry! Yes, you have. Even without a receipt, a low-quality product must be accepted and offered a refund or exchange of the product for a similar one. But you need to be prepared for the fact that you will be asked to confirm with some other evidence the fact that you purchased the fish in the store where you are returning the fish.
Larisa
On 12/31/17, the child was given a children's electric car as a gift. The purchase was made at the Detsky Mir store. During the holidays, the donor lost the check. The purchase cost is about 9,000 rubles. This gift is not suitable for the child’s age, size or weight. This product could be returned or exchanged for others without a receipt, and there were no witnesses from the buyer.
Sergey (senior lawyer)
Hello, Larisa! Yes, you can. The seller must check the fact of purchase against his database. In your case, you can only count on an exchange of goods, but with different characteristics, provided that the presentation and packaging of the gift are preserved.
Christina
Hello! I work as a salesperson at LEGO, a woman came on my shift and asked me to change the set for her, I asked for a receipt in order to see what day the product was purchased and whether it was from us, she said that there was no receipt because the set was given to N .G, I asked her to call and find out the date of the purchased set, they told me the dates, I started checking for the 29th, 30th, 31st. On none of these days, the purchase of the set was made, what to do in such cases???
Sergey (senior lawyer)
Hello, Christina! You must ask the buyer to provide any evidence of purchasing the goods in your store, and also check other dates on the computer.
Liana
I bought a jacket in Pulbir, but haven’t worn it. Initially, it was without a tag in the store, so I bought it without a tag. I checked it well at home, the lock is very jammed and the seams are not in the best shape. But they said they could return it. But we lost the check. At the same time, on the phone there is proof of payment for this product in the store and also the date. Will they return?
Sergey (senior lawyer)
Hello! According to the consumer protection law, you have the right to enjoy all rights even without presenting a receipt. The seller is obliged to fulfill his obligations if the buyer can confirm the fact of purchase with other evidence. Therefore, in your case, there are grounds for refusing to satisfy your requirements.
Tatiana
Hello! 12/27/17 I bought a phone case for my friend’s birthday, either they didn’t give me a receipt or I lost it, I found out that my friend’s phone had changed accordingly, so I want to return the product and get my money. The product is unused, in packaging, in its presentation condition. Will my money be returned?
Sergey (senior lawyer)
Hello Tatiana! Unfortunately, your money will not be returned. In accordance with the law on the protection of consumer rights, you only have the right to exchange goods that do not suit you in style, color, etc. If the product was defective, then you would be entitled to a refund.
Retail trading involves many regulations, rules and pitfalls. Moreover, they differ depending on the taxation system used by the selling organization. Each of them has its own nuances and features of how how to conduct retail trade correctly. In this material we will tell you in detail what and how to do so that there are no problems with buyers and regulatory authorities.
The difference between retail and wholesale
First, let's figure out what kind of trade is considered retail. It seems that everything is simple: when a lot of goods are sold at once, then this is wholesale trade, and when individually or in small quantities, then this is retail. However difference between retail and wholesale, actually, that's not the point. By law, you are considered to be selling goods at retail if the buyer uses them for personal rather than business purposes. But as a seller, you are not obligated to control what the person who bought it from you does with the product. At the same time, you cannot sell at retail, for example, commercial or cash register equipment, that is, goods that cannot be used for personal purposes.
Retail trade differs from wholesale trade and the documentation that accompanies it. When selling goods at retail, you should not issue an invoice for the goods to the purchasing organization, otherwise the transaction may be considered wholesale.
How to arrange a retail sale without consequencesOne of the main rules is issuing a payment document to the buyer. This may be a written purchase and sale agreement, a cash or sales receipt, or another document confirming payment (for example, a strict reporting form or a cash receipt order). In very rare cases, no documents are needed. Let's try to figure out how to arrange a retail sale without consequences. Let's consider all possible options.
Retail sales agreement
In fact, this agreement is mandatory for any retail sale transaction. But most often it does not have to be concluded in writing. For example, with a simple purchase in a store, this is done orally. The condition for the oral conclusion of a purchase and sale agreement is the coincidence of the moments of transfer of the goods to the buyer and its payment. As soon as a cash receipt or sales receipt is issued, the contract is considered concluded, and these documents, in turn, legally confirm it.
Sales receipt
A sales receipt may also serve as confirmation of the conclusion of a retail purchase and sale agreement. With some exceptions, in most cases it may not be prescribed. You are required to issue a sales receipt to the buyer if you peddle non-food items, as well as when selling furniture, weapons and ammunition, cars, motorcycles, trailers and numbered units. If the cash register receipt does not contain such information about the product as name, article number, grade, type and other characteristics, then the sales receipt is also required when selling:
- textile, sewing, knitted, fur products,
- technically complex household goods (communications, musical equipment, electrical appliances, etc.),
- precious metals and precious stones,
- animals and plants,
- building materials.
In addition, a sales receipt is issued upon the buyer's request.
This document is drawn up in any form. On our website you can download a sales receipt form, as well as clarify the mandatory details that it must contain.
Trading without a cash register
Companies that pay a single tax on imputed income (UTII), as well as individual entrepreneurs using the patent tax system, are allowed trading without a cash register. Instead of a cash fiscal receipt, they can issue customers any document that replaces it - a sales receipt, a receipt, etc. And this is most often the best option for small businesses, since when trading without a cash register, you do not need to spend money on purchasing the appropriate equipment and its maintenance. Despite the fact that, by law, a cash document replacing a check must be issued upon the buyer’s request, experts advise issuing it every time in order to avoid problems during checks.
Some UTII payers are not only allowed to trade retail without a cash register - they may not issue any checks or receipts to customers at all. This does not depend on the taxation regime, but on the type of activity.
In 2016, the law allowing UTII payers and those who apply the patent tax system to trade without a cash register was changed.
Rules for registration of price tags
In retail trade, it is equally important to comply rules for registration of price tags. If they do not comply with the form approved by the Government, or if any of them have the wrong price, this can also lead to fines.
To draw up a price tag correctly means to place on it information about the name of the product, its type and price per weight or unit (necessarily in rubles). According to the rules that came into force in January 2016, it is allowed to issue price tags both on paper and on any other medium - the main thing is that the information is clearly visible. For example, prices may be indicated on a slate board, electronic or illuminated display. In all cases, the design must be clear and uniform.
On our website you can always find out how to correctly draw up a price tag, download templates for free, or fill out and print price tags online.
In a store, this document is considered a public offer, and the seller is obliged to sell the product exactly at the price that is listed in it. Failure to comply with this condition, as well as failure to comply with the rules for issuing price tags, is considered a gross violation of the law. If the price on the price tag and at the checkout do not match, this can lead to administrative sanctions, even if the store simply did not have time to change the labels.
When selling books, as well as when selling books, price tags are not needed. When peddling goods, you must have a price list indicating the names and prices of the goods. The price list is certified by the signature of the person responsible for its preparation and the seal of the seller.
Responsibility for violation of trade rules
If your organization is required to issue a cash receipt for every purchase, and an audit reveals that the seller did not do this, this could result in unpleasant administrative sanctions. Responsibility for violation of trade rules, in particular, for non-use of cash registers, is regulated by Art. 14.5 Code of Administrative Offenses of the Russian Federation. For officials, the fine will be from 1.5 to 2 thousand rubles, for individual entrepreneurs - from 3 to 4 thousand, for organizations - from 30 to 40 thousand. The same sanctions are provided for failure to issue a sales receipt in cases where the law makes this an obligation.
If the inspection authorities caught you with a discrepancy between price tags and the real cost of the goods, your store may be fined 10-20 thousand rubles, and the employee who did not issue a check will have to pay 1 to 2 thousand to the state treasury. In case of repeated violations, the consequences may be more serious, including the closure of your store.
Employees of regulatory authorities can “catch” a cashier in the wrong order of issuing change and a check. If the cashier first put in the change and then handed over the check, this may become a reason for the checker to find fault. The cash receipt must be handed over to the buyer at the same time as the change, not before or after. Otherwise, it threatens with a fine for non-use of CCP. Another common violation of trading rules, which entails serious liability, is that cashiers often do not give change to the buyer in change. This can be interpreted as deception of the consumer (Article 14.7 of the Administrative Code). For citizens, the fine in this case will be from 3,000 to 5,000 rubles, for officials - from 10 to 30 thousand rubles, for legal entities - from 20 to 50 thousand.
How you can get caught for trading violations
Representatives of internal affairs bodies and Rospotrebnadzor have the right to conduct a so-called test purchase (officially this operation is called a “test purchase”). Employees of Rospotrebnadzor, under the guise of ordinary visitors, come to the store and buy a certain product. Police officers can do the same, but when checking them, two more people must be present who are also shopping. Rospotrebnadzor checks stores for compliance with trade rules, and the police check them as part of operational search activities. After completing a test purchase, inspectors are required to introduce themselves, present their identification and the order on the basis of which the event is being carried out. This order must mention the inspector himself, otherwise the test purchase can be considered illegal.
Tax officers have the right to make test purchases only together with police officers. Tax inspectors can check the presence of a cash register and the rules for its installation, but not the rules for issuing a check. So, if an inspector made a test purchase without representatives of the internal affairs bodies, this event is illegal.
The reason for a test purchase may be a complaint from any of your customers. Sometimes these methods become methods of competition. You may not even suspect that inspection bodies are coming to your store. And the only recipe for peace that can be here is to follow all laws and rules always, every day, even if it seems that there is no reason to worry. And if something is not clear, be sure to find out.
Types of violations that are interpreted as working without a cash register:
- absence of a cash register registered with the tax authorities, if you are required to use a cash register
- failure to clear a cash receipt
The cashier did not knock out the cash receipt - failure to issue a cash receipt to the buyer
The cashier punched the cash receipt, but did not tear it off the cash register, did not hand it to the buyer, or immediately threw it in the trash. - using an unregistered cash register
- amount in cash receipt does not match the purchase amount
- cash register not included State Register
- non-receipt of revenue in the cash book
Very often, tax inspectors attribute non-existent violations to entrepreneurs, while threatening them with the possibility of imposing a fine. Only these violations can serve as a reason for imposing a fine. Tax officials also take advantage of the entrepreneur’s reluctance to go to court and prove his case. Therefore, be careful and do not neglect the opportunity to argue with the tax inspector and bring him to clean water.
Penalty for working without a cash register:
: from 4000 to 6000 rubles
: from 40,000 to 60,000 rubles
No hologram or seal mark
Several types of holograms and stickers must be affixed to your cash register at the same time; their absence is regarded by the tax inspectorate as the use of cash register equipment that is not sealed in the established manner.
- Service hologram for the current year.
glued annually during January-February - hologram of the state register
is glued by the manufacturer once for the entire service life of the cash register. by the manufacturer - 4 seal marks
The CTOs are glued when registering the cash register, and then every time after opening the cash register. 2 seal stamps seal the fiscal memory and ROM inside the cash register and 2 cash register housings. - identification mark of cash register equipment
glued at the same time by the manufacturer during the production of KKM. - manufacturer's nameplate by manufacturer
Penalty for missing a hologram or seal:
For individual entrepreneurs (IP): from 4000 to 6000 rubles
For organizations (LLC, OJSC, CJSC, etc.): from 40,000 to 60,000 rubles
For the first time they forgive
Indeed, for violation of the article, the first time the opportunity is provided warnings, this is not a direct indication of the code, but the possibility of the head of the tax inspectorate considering bringing such administrative measures as a warning.
If you had a test purchase and a violation was found, do not worry and try to act, observing the following basic rules:
- Receive copies of all documents drawn up by inspectors during the inspection
- Do not provide inspectors with unnecessary documents: they will be evidence AGAINST you (you can refer to Article 51 of the Russian Constitution). For example, if the tax inspector asks you to provide fiscal reports for the cash register, tell them that you cannot withdraw them, and the cash register mechanic does not want to come to you for free.
- Do not spoil relations with tax inspectors, communicate politely and respectfully
- Remember that the tax office has come to visit you, and you must be a welcoming host. Make the tax authorities respect you and the business you have built
- Violations of cash discipline, no matter what they are, do not give the tax office the right to treat you with disrespect, and you to be afraid of the tax inspectorate.
A complete list of violations of legislation on the use of cash register systems with links to the provisions of regulations
| violation of legislation on the use of cash register systems | violations of regulations |
Non-use of cash register, refusal to issue a document |
|
| non-use of CCP | Clause 1, Article 2 of Federal Law No. 54-FZ dated May 22, 2003 |
| Non-use of cash registers when accepting payments individuals | Clause 1, Article 2 of Federal Law No. 54-FZ dated May 22, 2003 Clause 12 of Article 4 of Federal Law No. 103-FZ of June 3, 2009 |
| Failure to issue a strict reporting document | Clause 2 of Article 2 of Federal Law No. 54-FZ dated May 22, 2003 |
| Failure to issue, at the request of the buyer (client), a document confirming payment by the payer of UTII | Clause 2.1 Article 2 Federal Law No. 54-FZ dated May 22, 2003 |
The use of a cash register that does not meet established requirements or is used in violation of the procedure and conditions for its registration and use established by the legislation of the Russian Federation |
|
| Using cash registers with missing or unreadable details on a cash register receipt | Article 4 of Federal Law No. 54-FZ dated May 22, 2003 Clause 4 of Government Decree No. 745 of 07/30/1993 (as amended by Decree No. 904 of 08/07/1998) |
| Using a cash register with missing or unreadable details on a cash receipt issued by a payment terminal | Article 4 of Federal Law No. 54-FZ dated May 22, 2003 Article 5 of Federal Law No. 103-FZ of June 3, 2009, Article 14 of Federal Law No. 161-FZ of June 27, 2011. |
| Using a cash register with a discrepancy between the time on the cash receipt and the real one | Article 4 of Federal Law No. 54-FZ dated May 22, 2003 |
| Using a CCT with a missing stamp-seal | Article 4 of Federal Law No. 54-FZ dated May 22, 2003 clause 3 of Government Decree No. 745 of 07/30/1993 (as amended by Decree No. 904 of 08/07/1998) |
| Use of CCP without ICS “State Register” and (or) ICS “Service Maintenance” and (or) Identification Mark. | Clause 3 of Government Decree No. 470 of July 23, 2003 clause 7 of Government Decree No. 745 of 07/30/1993 (as amended by Decree No. 904 of 08/07/1998) |
| Use of a cash register as part of a payment terminal (PT) not at the registration address of the cash register, absence of a cash register as part of the payment terminal at the registration address | Article 6 of Federal Law No. 103-FZ of June 3, 2009 |
| Application of cash register systems in non-fiscal mode | Article 4 of Federal Law No. 54-FZ dated May 22, 2003 Clause 3 of Government Decree No. 470 of July 23, 2007. |
| Using CCP without technical support from a supplier or center Maintenance(lack of a valid contract) or in the absence of a cash register passport | Clause 3 of Government Decree No. 470 of July 23, 2007. |
Code of the Russian Federation on Administrative Violations (excerpt) .
| Article 14.5. Sale of goods, performance of work or provision of services in the absence of established information or non-use of cash register equipment in cases established by federal laws2. Non-use of cash register equipment in cases established by federal laws, use of cash register equipment that does not meet established requirements or is used in violation of what is established by law Russian Federation the procedure and conditions for its registration and application, as well as the refusal to issue, at the request of the buyer (client) in the case provided for by federal law, a document (sales receipt, receipt or other document confirming the receipt of funds for the relevant goods (work, service)) - entails a warning or the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand rubles; for officials - from three thousand to four thousand rubles; for legal entities - from thirty thousand to forty thousand rubles. |
Article 15.1. Violation of the procedure for working with cash and the procedure for conducting cash transactions, as well as violation of the requirements for the use of special bank accounts
1. Violation of the procedure for working with cash and the procedure for maintaining cash transactions, expressed in the implementation of cash settlements with other organizations in excess of the established amounts, non-receipt (incomplete receipt) of cash in the cash register, non-compliance with the procedure for storing available funds, as well as in the accumulation of cash in the cash register in excess of the established limits -
shall entail the imposition of an administrative fine on officials in the amount of four thousand to five thousand rubles; for legal entities - from forty thousand to fifty thousand rubles.
2. Violation by payment agents operating in accordance with Federal Law of June 3, 2009 N 103-FZ “On activities for accepting payments from individuals carried out by payment agents”, bank payment agents and bank payment subagents operating in accordance with the Federal Law “On the National Payment System”, obligations to submit to a credit institution cash received from payers when accepting payments for crediting in full to your special bank account (accounts), as well as non-use by payment agents, suppliers, bank payment agents, bank payment subagents of special bank accounts to carry out the relevant settlements -
entail the imposition of an administrative fine on officials in the amount of four thousand to five thousand rubles; for legal entities - from forty thousand to fifty thousand rubles.
Tax Code of the Russian Federation
Article 120. Gross violation of the rules for accounting for income and expenses and objects of taxation
1. Gross violation by an organization of the rules for accounting for income and (or) expenses and (or) objects of taxation, if these acts were committed during one tax period, in the absence of signs of a tax offense provided for in paragraph 2 of this article,
entails a fine of ten thousand rubles.
2. The same acts, if committed during more than one tax period,
entail a fine in the amount of thirty thousand rubles.
3. The same acts, if they resulted in an understatement of the tax base,
entail a fine in the amount of twenty percent of the amount of unpaid tax, but not less than forty thousand rubles.
For the purposes of this article, a gross violation of the rules for accounting for income and expenses and objects of taxation means the absence of primary documents, or the absence of invoices, or accounting or tax accounting registers, systematic (two or more times during a calendar year) untimely or incorrect reflection on accounting accounts, tax registers and reporting business transactions, cash, tangible assets, intangible assets and financial investments of the taxpayer.
A new scale of penalties for a bounced check for services rendered or commercial activities was introduced by Law No. 290-FZ in July 2016.
Penalty for failure to issue a cash receipt
For violators - individual entrepreneurs - the fines have increased by 2-5 times. In accordance with Article 14.5, paragraph 2 of the Code of Administrative Offenses of the Russian Federation, any operation of receiving funds by an entrepreneur is accompanied by a check being punched at the cash register, and the proceeds from both the goods sold and the service provided are taken into account.
the seller sold the goods;
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Fine from 1,500 to 3,000 rubles |
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Fine 2,000 rubles; |
Fine 10,000 rubles. |
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Fine 2,000 rubles; |
Fine 10,000 rubles |
Cash surpluses can quite legitimately be allowed on certain days. Valid reasons, according to clause 2 of Bank of Russia Directive No. 3210-U dated March 11, 2014, are considered:
The consumer does not have a sales or cash receipt
When purchasing goods, the seller issues a receipt to the consumer as proof of the conclusion of the purchase and sale agreement and acceptance of money from him as payment. For various reasons, the consumer may not have the receipt: he may not take it, lose it, or simply throw it away. The absence of a receipt is a significant obstacle to satisfying the consumer's requirements to the seller if defects are detected in the purchased product.
In accordance with Art. 493 of the Civil Code of the Russian Federation, unless otherwise provided by law or the retail purchase and sale agreement, including the terms of the forms or other standard forms to which the buyer joins (Article 428 of the Civil Code of the Russian Federation), the retail purchase and sale agreement is considered concluded in proper form from the moment issuance by the seller to the buyer of a cash receipt or sales receipt or other document confirming payment for the goods.
By virtue of clause
What is the fine for non-issuance of a check (bounced) in 2018
5 tbsp. 18 of the Law of the Russian Federation dated 7.02.92 N 2300-1 “On the Protection of Consumer Rights” (hereinafter referred to as the Law on the Protection of Consumer Rights), the absence of a cash or sales receipt or other document certifying the fact and conditions of purchase of goods by the consumer is not grounds for refusal to satisfy his demands. Paragraph 3, paragraph 1, art. 25 of the said Law provides that the absence of a consumer’s sales or cash receipt or other document confirming payment for goods does not deprive him of the opportunity to refer to witness testimony.
Although formally, according to the Consumer Rights Protection Law, the absence of a cash or sales receipt does not prevent the filing of claims, in fact the consumer is deprived of the opportunity to protect his rights. Quite often, unscrupulous sellers refuse to recognize their goods, so it is difficult for the buyer to prove that the goods were purchased from this particular seller.
Let's consider what evidence can confirm the fact of purchasing a product from a specific seller.
As the Supreme Court of the Russian Federation indicated, in accordance with paragraph 5 of Art. 18 of the Law on the Protection of Consumer Rights, Art. 493 of the Civil Code of the Russian Federation, the absence of a consumer's cash or sales receipt or other document certifying the fact and conditions of purchase of goods is not a basis for refusal to satisfy his requirements by the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer). In the event of a dispute, the consumer has the right to refer to witness testimony in support of the conclusion of the contract and its terms, which are assessed by the court in conjunction with all the evidence collected in the case (clause 21 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated September 29, 1994 No. 7 “On practice consideration by courts of cases on the protection of consumer rights").
The legal literature also rightly notes that witness testimony is the most common evidence of the fact of acquisition of goods * (1), although not the most compelling. Witness testimony is assessed by the court in conjunction with all the evidence collected in the case, and if the consumer can confirm the fact of purchasing a product from a particular seller solely with testimony, then, most likely, the satisfaction of his claims will be denied, since the relevance and admissibility of , the reliability of each evidence separately, as well as the sufficiency and their mutual connection in the aggregate (resolution of the Federal Antimonopoly Service of the North-Western District dated September 14, 2010 N A52-1361/2008).
Important clarifications on the problem under consideration are given in section 3 of the order of the MAP of Russia dated May 20, 1998 N 160 “On some issues related to the application of the Law on the Protection of Consumer Rights.”
In accordance with Art. 493 of the Civil Code of the Russian Federation, along with sales and cash receipts, documents confirming the fact of concluding a contract also include other documents confirming payment for goods, for example, these may include operational documentation in which a note about payment is made, sales receipts, warranty cards, and other similar documents (letters from the Federal Tax Service of Russia in Moscow dated May 28, 2010 N 17-15/056421 “On the procedure for an individual entrepreneur to return funds to the buyer”, dated November 2, 2005 N 22-12/80195 “On processing the return sums of money on returned cash receipts", UMTS of Russia for Moscow dated June 5, 2002 N 29-12/25658 "On processing the return of goods"). In a specific case, this may be the originally issued invoice (letter from UMTS of Russia for Moscow dated 03.20.02 N 29-08/1/12423 “On the use of cash registers when a client leaves a hotel early.”
As the Omsk and Sverdlovsk regional courts and the Perm Regional Court indicated, in the absence of a cash or sales receipt, evidence of the purchase of goods at a specific retail location can be: sales notes in the passport for the goods; warranty card; witness statements. Acceptable evidence also includes: expert opinion; conclusion of the warranty service workshop on identified faults in technically complex products; a consumer statement to the defendant with the relevant requirements with a mark confirming the fact that the claim was served on the seller; response to a complaint; evidence confirming consumer losses from using a product of inadequate quality.
It should be borne in mind that the burden of proving the fact that the goods were purchased from a specific seller, within the meaning of paragraph 1 of clause 5 of Art. 18 of the Law on Protection of Consumer Rights and in accordance with Art. 56 of the Code of Civil Procedure of the Russian Federation is assigned to the buyer. Thus, in one of the cases under consideration, the court invited the plaintiff to present evidence indicating the purchase of an antenna in the Tekhnosila store to further establish the circumstances of the case, but at the court hearing the plaintiff refused to present any evidence, citing the fact that evidence must be presented defendant. If the plaintiff failed to prove the circumstances to which he referred in confirming the legality of his claims, the court had no grounds to satisfy the claims and it justifiably refused to satisfy the plaintiff (ruling of the Moscow City Court dated October 28, 2010 N 33-31403). The Moscow City Court acted similarly in other cases with similar circumstances (ruling dated October 4, 2010 No. 33-30936).
The efficiency of the consumer himself in collecting evidence of the purchase of goods from a specific seller serves to his benefit and facilitates subsequent work in court.
Let's take the following example. The plaintiff purchased salad from the defendant, during which he broke one of his upper teeth. Immediately after the incident, the plaintiff submitted a written statement to the defendant about the presence of a foreign object in the goods sold to him, and the received statement was registered by the defendant. The restaurant administrator refused to inspect the goods, but the money was returned to the plaintiff, and the remaining salad was packaged, sealed and handed over to the plaintiff. In accordance with the conclusion of the forensic biological examination carried out as part of the resolution of this dispute, among the remains of the lettuce there was a solid gray particle about 5 mm in size of irregular shape, which was a fragment of a stone. The court critically assessed and rejected the defendant's arguments that the plaintiff himself could have put a pebble in the leftover lettuce, since the packaging of the biological material - the leftover lettuce - was carried out by the defendant's employees and sealed with an accompanying inscription, the signature of the defendant's employees and his seal, violations of the integrity of the packaging of the biological material during An expert study was not found. The defendant was charged in favor of the plaintiff for his expenses for dental services and compensation for moral damage (cassation ruling of the St. Petersburg City Court dated April 26, 2011, No. 33-61072011).
Thus, the consumer needs to remember that the burden of proving the fact of purchasing a product from a particular seller lies with the consumer himself, so he should worry about collecting all the necessary evidence in a timely manner.
A. Bychkov
Material provided by the publication "Financial Newspaper"
Fine for violation of cash discipline for individual entrepreneurs and LLCs in 2018
The concept of cash discipline combines a number of norms and restrictions relating to the reception, issuance, and storage of cash at an enterprise, and for non-cash payments - their accounting as part of cash transactions. Any manipulations with cash, including issuing salaries, accepting payments for goods and services, as well as their timely documentation, are called cash transactions. The set of norms adopted as the basis for cash management is not established by the management of private companies, but is determined by the legislative acts of the Russian Federation.
Fine for a bounced check for LLCs and individual entrepreneurs in 2018
A new scale of penalties for a bounced check for services rendered or commercial activities was introduced by Law No. 290-FZ in July 2016. For violators - individual entrepreneurs - the fines have increased by 2-5 times. In accordance with Article 14.5, paragraph 2 of the Code of Administrative Offenses of the Russian Federation, any operation of receiving funds by an entrepreneur is accompanied by a check being punched at the cash register, and the proceeds from both the goods sold and the service provided are taken into account.
The fine for individual entrepreneurs for failure to issue a cash receipt in 2018 is provided for by the above law and Amendment 2 to Article 14.5 of the Code of Administrative Offenses and amounts to an amount of ¼ to ½ of the cost of the service provided or goods sold, but not less than 10,000 rubles. In practice, it looks like this: if a check for the amount of 200,000 rubles is not issued, then the fine will be from 50,000 to 100,000 rubles, but if the purchase amount is only 20 rubles, then the fine for a check not punched at the cash register will be 10,000 rubles.
Fine for the absence of a cash register for individual entrepreneurs and LLCs
Any organization or individual entrepreneur who makes monetary payments to clients using cash or bank cards is required to hand over to customers a check from a registered cash register. Working without a cash register is simply prohibited. A mandatory check document is issued in cases where:
the seller sold the goods;
the company’s employees provided paid services to the client;
the client received a previously ordered service.
If a check for the above services is not issued, a fine will be imposed on the work of the organization or individual entrepreneur.
When monitoring and supervising entrepreneurs’ compliance with the law on cash register systems, tax authorities monitor settlements using online cash registers, assess the completeness of the data provided by organizations and the accounting of revenue received by them. Violators will face a fine for failure to use the individual entrepreneur's cash register, in accordance with Part 2 of Art. 14.5 Code of Administrative Offenses of the Russian Federation.
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Type of administrative violation |
Type of punishment for an official |
Type of punishment for legal entities persons and individual entrepreneurs |
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Non-use of cash register systems in cases established by Russian legislation |
A fine of ¼ to ½ of the settlement amount made without the use of cash register systems, but not less than 10,000 rubles; |
Fine from ¾ quarters to the full amount of the settlement carried out without the use of CTT, but not less than 10,000 rubles. |
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The use of a CTT that does not comply with the requirements of the new edition of Art. 4 of the Federal Law of May 22, 2003 No. 54-FZ. |
Fine from 1,500 to 3,000 rubles; |
Fine from 5,000 to 10,000 rubles |
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Violations in the operation of cash registers in accordance with the requirements of Art. 4.2. “The procedure for registration, re-registration and deregistration of cash registers” of Federal Law No. 290-FZ in |
Fine from 1,500 to 3,000 rubles |
Fine from 5,000 to 10,000 rubles. |
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Failure by an organization or individual entrepreneur to send a cash register receipt to the buyer in electronic form when using cash registers. |
Fine 2,000 rubles; |
Fine 10,000 rubles. |
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Failure by an organization or individual entrepreneur to transfer a cash register receipt to the buyer upon his request in cases provided for by law |
Fine 2,000 rubles; |
Fine 10,000 rubles |
All new fines for non-use of cash registers in 2016 came into effect on July 15, 2016, and the fine for non-use of cash registers for individual entrepreneurs in 2018, the so-called online cash registers, came into effect from February 1, 2017.
Fine for exceeding the cash limit in 2018
The concept of “cash limit” means the maximum allowable amount of cash in the cash vault, safe or cash register of an organization by the end of the working day. A similar norm was introduced by the Central Bank of the Russian Federation, but the accounting department of an enterprise sets its maximum individually at the beginning of each calendar year.
Cash surpluses can quite legitimately be allowed on certain days.
The amount of the fine for a bounced check in 2018 for individual entrepreneurs
Valid reasons, according to clause 2 of Bank of Russia Directive No. 3210-U dated March 11, 2014, are considered:
pay wages And various types assistance, but no more than five working days after withdrawal of funds from the company’s current accounts;
Carrying out cash transactions involving cash on non-working days or holidays.
Other circumstances cannot serve as an excuse for exceeding the limit and entail penalties.
The law allows selected categories of commercial small businesses, enterprises, organizations, and individual entrepreneurs to cancel the cash limit. To waive the limit amount, you do not need to make any special actions, simple compliance with certain standards of the Bank of Russia Directive No. 3210-U dated March 11, 2014 “On the procedure for conducting cash transactions by legal entities and the simplified procedure for conducting cash transactions by individual entrepreneurs and small businesses” is sufficient:
limited number of personnel - does not exceed 100 people over the past calendar year;
the maximum income for services performed and goods sold is no more than 800,000 rubles, excluding VAT;
participation in the authorized capital of other legal entities - no more than a quarter of the share.
If any of the organizations falls within the scope of these requirements, it can keep any amount of financial resources in the cash register.
What administrative penalty is imposed in cases of violation of the cash limit? Legal entities are subject to punishment in the form of a fine in the amount of 40,000 to 50,000 rubles, individual entrepreneurs and officials(accountant and manager) are subject to penalties in the amount of 4,000 to 5,000 rubles.
