What to do if the size of the ring does not fit. What if the ring is too big? If the ring size does not fit

It is difficult to imagine a woman without jewelry. Once they buy expensive, family jewelry, sometimes jewelry, but in any case, certain hopes are placed on the purchased jewelry. However, in some cases, you have to return the goods to the store. Today we'll talk about is it possible to return the ring to the store, And what nuances do you need to know before contacting the seller?

Jewelry return policy

Jewelry includes: earrings, rings, necklaces, bracelets, chains, brooches, hair clips, tiaras and other jewelry made of precious metals:

Platinum;
Gold;
Silver;
From precious metal alloys.

You should choose these products very carefully, paying attention to the presence of samples, seals, size matching, and quality of packaging. According to Government Decree No. 55, ring returnimpossible, if only jewelry does not match buyer's requirements by size, color, model.

What is the color of gold?

Any gold items are made of an alloy, because. in pure form gold cannot be used for these purposes. Depending on the level of red metal content - copper - the color of the entire alloy is also determined:

Red (red gold);
Yellow (yellow gold)
White (white gold).

A quantitative indicator of the content of pure gold in an alloy is a sample, it is always indicated on the factory product, on the inside. Currently, gold items with a breakdown of 583 and 375 are on sale. Accordingly, so many grams of gold are contained in 1000 grams of the alloy.

In law, exchange the ring if the size does not fit, and at the same time in it no factory defects, impossible. Even if you just punched a check and have not left the store yet, the seller will not return the money, regardless of how you paid, in cash or by bank card. Again, if an entrepreneur sells gold jewelry himself, without a seller, then at his own discretion he can theoretically meet you halfway, but this is an exception to the rule.

The situation is quite different with jewelry, in which it is revealed:

Inconsistency of labeling with the product (for example, a gold-plated ring is sold and marked as gold);
There is no sample on the product;
The ring has defects that have occurred due to the fault of the manufacturer or seller.

In these cases, the buyer has the right return the golden ring to the store during the warranty period and demand at your choice:

Replacement of goods with another product similar in terms of quality, raw materials, consumer and price parameters;
Return of money and termination of the contract;
A commensurate reduction in the price agreed with the seller;
Repair and restoration of the quality of the goods at the expense of the seller.

If the seller does not agree to comply with the stated requirements, you can apply to the court, having previously prepared the appropriate conclusion of an independent examination. You can prove that the ring was bought in this store using a cash or sales receipt, a warranty card with the details of the seller, as well as with the help of witness testimony.

Jewelry return policy

In addition to expensive metals, jewelry can be made from inexpensive materials:

Plastic;
aluminum;
glass;
Tree;
Mixed and synthetic materials.

Different sales rules apply for these products. In particular, according to Art. 25 of the Consumer Rights Protection Act, you can exchange the ring for a similar product, even if the purchased product is not defective. The reason for the return is the discrepancy between the goods in size, style, color and configuration. The deadline for the return of a good-quality ring is 14 days from the date of purchase. In this case, the product must be in a salable condition, with the label, cash receipt and other accompanying documentation preserved.

Second occasion return the ring to the store is the presence of manufacturing defects. As with jewelry, items may be returned to the seller within the warranty period if there are obvious or hidden defects. The procedure for substantiating the requirements remains the same, regardless of the cost of jewelry.

Buying jewelry is a holiday for any woman, because of their high cost. Ladies tend to measure gold or silver jewelry for hours, and excesses with its exchange and return still happen, and not only if the product simply does not fit.

Can I return jewelry to the salon? Does the 14-day rule apply to this category of purchases? What does the guarantee for gold jewelry mean? And if the consumer purchased jewelry? What if the purchased item was of poor quality?

The issue of returning and exchanging jewelry is regulated by law, which is designed to protect the interests of ordinary buyers - ZOZPP.

Additional regulation is carried out by a by-law - Government Decree of 01/19/1998.

These documents describe in detail the features of the circulation of this category of goods, determine the list of things that are not subject to exchange and return to the distribution network.

Will the jewelry be accepted in the store within 14 days?

Can I exchange a gold ring if it doesn't fit? And the earrings that your beloved mother-in-law did not like? Agree, this situation occurs quite often, especially when jewelry is bought as a gift, for example, on the occasion of an engagement or a birthday.

Is there a way out of the delicate situation, because sellers accept shoes, even if they simply don’t like them?

Unfortunately, it is impossible to return a piece of jewelry to the store if you have no complaints about its quality. This is evidenced by the list of goods given in the Government Decree. It includes purchases that are not subject to exchange, even within 14 days from the date of purchase.

Quote! “Things made from precious metals (from gold, silver, platinum and their compounds) and using precious or semi-precious stones, good quality and purchased in a distribution network cannot be replaced with similar ones or returned to the seller.

Important! The safety of seals, labels and a sales receipt does not give the buyer the right to exchange the jewelry or insist on a refund for an incorrectly selected purchase.

Why such difficulties? Experts attribute this to 2 factors:

It is possible that the item brought in for a return or replacement will turn out to be fake. The seller, even with the use of chemical reagents, cannot always determine that in front of him is a masterfully made jewelry copy of a ring that was purchased yesterday as a gift. It is obvious that the same product will again be on display tomorrow and will be bought by a new consumer.
Such a valuable product almost never drops in price. On the contrary, it can rise in price every day. It is unprofitable for the store to follow the whims of the buyer and lose profit on sales.

It is clear that the law allows the return of jewelry only if it turns out that initially (at the time of purchase) they were of inadequate quality.

Conditions for replacing a defective item made of gold

Are products subject to return if the consumer finds their defect? How long does it take to file a claim with a seller?

Good news awaits jewelry lovers here. The Consumer Protection Act allows the exchange and return of jewelry if it can be proven that it has a manufacturing defect and not an operational one.

If a stone falls out of the ring, and the gold chain breaks just around the neck, the store administration is obliged, in accordance with Art. 18 profile law:

make warranty repairs of the product within 45 days;
return the money for the goods, having received the defective item back;
to replace the jewelry with a similar one, but of satisfactory quality and size that fits;
replace the ring or bracelet with the same jewelry, but of a different model and with a recalculation of the cost.

So, the fact that you can exchange items made of gold and silver, even if only defective ones, is great. But there is one thing… The return of jewelry with defects is acceptable, and the obligation to prove the cause and nature of the damage lies only with the buyer, and only an examination can confirm or refute the consumer’s correctness.

Important! If the study shows that stones fell out in the gold wedding rings of the newlyweds or other jewelry due to the negligence of their owners, it will be impossible to return these things to the store and get money, because it is impossible to return jewelry that was of good quality at the time of purchase, as the laws say. .

They can be repaired under warranty if it has not ended, but more on that later.

Note! If the examination proves the manufacturing defect of the jewelry that fit, the store will have to return the money not only for the purchase, but also compensate for the cost of the analysis.

Jewelry warranty service

How long is the jewelry warranty? Will this information help to hand over a low-quality jewelry or at least repair it for free?

OST 117-3-002 of 1995 indicates that the warranty period for this category of goods is six months. This time is provided to the consumer to reveal a hidden factory defect in jewelry.

Nevertheless, the salons have the right to extend the warranty period at their discretion and bring it up to the end of the item's service life. For a piece of jewelry, this is 10 years.

Important! Try to pass gold chain for repairs during such a long warranty, of course, it is possible, but again, the workshop will require an independent examination of the item in order to prove its hidden flaws.

You can hardly be sure that after 2 years of continuous wearing, you carefully opened the clasp, and your child did not pull the product.

Factory defects, as a rule, appear already in the 1st month of operation, so do not waste time, nerves and money on empty evidence if you are definitely not sure that you are right.

Keep in mind that jewelry may, by law, carry a manufacturer's warranty.

How to deal with non-precious jewelry

Bijouterie - products made of inexpensive metals, alloys or their compounds that imitate precious ones. There are many such things - they are beautiful, inexpensive and, at times, worn no worse than the original.

Is it possible to return jewelry to the store if it turns out that several stones will fall out of a ring of the right size? Is it possible under the law to have the same approach to a fake and to a piece of jewelry in this matter?

Stores are required to accept jewelry back because consumer protection law and other regulations do not include it on the list of items that cannot be returned or exchanged. It is impossible to forge a fake, therefore, the circulation of jewelry is carried out on a par with other goods and does not fall under the rules for the return of jewelry by law.

Important! Items with gilding or silvering are classified as jewelry, so they are not subject to the rules according to which jewelry cannot be returned. If an unscrupulous seller tries to prove that his goods cannot be handed over to the store, since it has a gold coating, send him a letter of claim, and in parallel, file a complaint with Rospotrebnadzor.

Tip for jewelry lovers: If you are buying a gold or silver item as a gift, try to discuss the exchange of jewelry in advance. Some salon owners strive not to lose a client, they care about their reputation, so they go to meet those who wish to hand over an inappropriate thing.

Buy gold shortly before the solemn moment so that the seller does not “lose” you from memory if the item has to be returned, do not cut off the labels and seals and think about the tastes of a loved one in advance. This will make life easier for you and the financially responsible person on the other side of the counter!

Everyone runs the risk of being in a situation where the purchased item needs to be returned or exchanged. And since sellers are not eager to part with money, disputes can arise that are not always resolved in favor of the buyer.
Today we will talk about how to act if you bought jewelry that turned out to be defective or just didn’t like it and you want to return it.

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○ What does the law say?

The circulation of precious metals is regulated by:

Law of the Russian Federation "On currency regulation and currency control" dated 09.10.1992 No. 3615-1.
Federal Law "On Precious Metals and Precious Stones" dated March 26, 1998 No. 41-FZ.
Decree of the Government of the Russian Federation No. 643 dated June 18, 1999 “On the procedure for testing and hallmarking items made of precious metals” and other regulatory legal acts.

As a general rule, jewelry cannot be exchanged or returned. The seller should warn you about this when making a purchase. However, when purchasing this category of goods, the interests of buyers are also protected by the Consumer Protection Act (hereinafter referred to as the CPAA).

✔ zoZPP.

Despite the fact that this law provides for the possibility of exchanging or returning goods of good quality, this does not apply to jewelry.

They are included in the "List of non-food products of good quality that are not subject to return or exchange for similar goods of other sizes, shapes, dimensions, styles, colors or configurations", approved by Decree of the Government of the Russian Federation of January 19, 1998 No. 55.

Therefore, you can return jewelry to the store only if it is found to be defective.

The consumer, in case of detection of defects in the goods, if they were not specified by the seller, at his choice has the right to:

Request a replacement for a product of the same brand (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 (clause 1, article 18 of the Law of Ukraine).

○ What should be included with the jewelry?

In order for you to be able to return the product in the event of defects, you must have the appropriate documentation proving the authenticity of the product.

✔ Mandatory indication of the sample.

A seal is a special sign that is applied to a product made on the basis of precious metals. It consists of letters and numbers and indicates the quality of the alloy, which is determined by the ratio of the base metals in the jewelry. The presence of a seal guarantees that the product has passed state control and corresponds to the data indicated on it. Consider how to determine the meaning of numbers and letters on the selected decoration?

The numbers indicate the quality of the product and the percentage of gold content. The following types of samples are used in Russia:

375 - gold content 38%.
500 - gold content 50.5%.
585 - gold content 58.5%.
750 - gold content 75.5%.
958 - gold content 95.38%.

The letter means the state inspectorate that delivered the sample.

✔ Sealed tag.

A tag containing detailed information about the purchased product is attached to it with special seals from the manufacturer. This protects both the jewelry itself and the tag attached to it from fakes. That's why it's so important to only buy jewelry that has a sealed tag to ensure that the quality of the item is as advertised.

In addition, it is this small piece of paper that acts as the official certificate of the manufacturer and is a legal document. Therefore, if, upon purchase, the seller offers you to replace the tag with another document, this is a reason to be wary.

○ Can I return a ring or earrings within two weeks?

Jewelry cannot be returned to the store just because you came home and realized that they do not suit you. This type of goods is not subject to the right of return within 14 days, which is enshrined in the RFP. By law, you can only return an item if it is defective. However, many stores meet the needs of customers and give a few days to return or exchange. This is possible if, for example, the jewelry is purchased as a gift and the buyer doubts whether he guessed right with the size. This possibility must be discussed before making a purchase.

○ Is there a guarantee for jewelry?

The warranty for jewelry is set by the manufacturer and is indicated in the warranty card, which is issued at the time of purchase. If it is not listed, you have the right to return the defective product within 2 years.

○ Which product is considered to be of poor quality?

In order for you to be able to get a refund or exchange a product for a similar one, you need the product to be recognized as substandard. Let us consider how such a conclusion can be reached.

✔ Examination of jewelry.

In case of disagreement on the quality of the goods, an examination is carried out, the result of which is an official conclusion. It is held by the seller.

In the event of a dispute about the reasons for the occurrence of defects in the goods, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer are obliged to conduct an examination of the goods at their own expense. The consumer has the right to be present during the examination of the goods and, in case of disagreement with its results, to challenge the conclusion of such an examination in court (Part 3, Clause 5, Article 18 of the RFZPP).

✔ Who pays for the examination?

The seller pays for the examination, which is enshrined in Article 18 of the Law of the Russian Federation. But if, according to the results, it is revealed that the detected defects arose through the fault of the buyer, he is obliged to compensate for the cost of the examination.

If, as a result of the examination of the goods, it is established that its defects have arisen due to circumstances for which the seller (manufacturer) is not responsible, the consumer is obliged to reimburse the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer for the costs of conducting an examination, as well as related to its conduct. expenses for storage and transportation of goods (part 4, paragraph 5, article 18 of the Law of Ukraine).

✔ Examination period.

The amount of time that will be spent on the examination is determined by the presence of specific claims and the complexity of the procedure. On average, it takes from 10 days to a month. The warranty period for the goods is extended for the period required for the examination.

Did you buy low-quality jewelry? We will tell you how to defend your rights and in what cases the seller is obliged to accept it back from the buyer.

There is an approved list of non-food items that are non-refundable or an exchange that includes jewelry. Each buyer of jewelry remembers a sign in the store reminding them of the impossibility of returning goods. However, in some cases, it is still possible to return jewelry to the seller.

According to Article 18 of the Consumer Rights Protection Law, the rules, terms for the exchange and return of any purchases apply. They allow the buyer to demand from the store:

replacement of jewelry with the same model if the purchased product turned out to be of poor quality;
replacement of the product with another one with an additional payment or refund of the difference in price;
a full refund if the product turned out to be of poor quality;
reimbursement of the buyer's expenses, if he incurred them, eliminating the marriage;
elimination of the defect at the expense of the seller;
providing a discount due to the presence of a marriage.

Note!
Jewelry made of gold and silver cannot be returned if it does not fit in style, size, etc.

The store is obliged to accept a low-quality jewelry item only if it is defective and this fact was confirmed by the examination.

Return period

Returns should be dealt with immediately after the discovery of defects. If the defect is noticeable, the return of the goods is legally possible within only 14 days. If the marriage is hidden, you must return the item within 6 months. The manufacturer establishes a warranty period during which goods of inadequate quality can be returned. If the guarantee has not been established by the manufacturer, the seller has the right to indicate it directly. This is what determines the reason why the return periods may vary. Warranty service often includes ring fitting, stone setting, polishing, cleaning, etc.

Note!
If the manufacturer or seller has established a guarantee for the goods for less than 2 years, the buyer has the right to contact the seller, importer, manufacturer within 1 year from the date of purchase.

The manufacturer establishes the warranty period independently, taking into account the fact that the service life of jewelry does not exceed 10 years.

What decorations can be donated?

The law defines the following grounds for the return of jewelry:

you bought a gold or silver item, for example, a chain or bracelet, but noticed defects - the chain broke (not as a result of careless handling), the lock does not work well, the links dangle, the clasp breaks, the lock in earrings, chains stops working;
inserts fall out of the jewelry, precious stones are poorly fixed in the rings;
the sample of the product does not correspond to the real one;
mechanical defects, chips were found on metal elements;
the bracelet of a watch bought in a jewelry store is broken, or the mechanism is broken, the watch has stopped working, etc. The warranty does not apply if the product is damaged due to the fault of the buyer, for example, as a result of a blow, other negligent actions.

How to make a return if you find that the sample is not true, because the quality of the jewelry may be appropriate? Jewelry can be handed over if the sample on it is indicated incorrectly. silver ring, covered with gilding, sometimes has a sample of a gold ring. In this way, sellers and manufacturers are fraudulent. A ring of 375 samples dishonorable sellers can give out for 585 samples. You can prove the discrepancy by conducting an examination. Any pawnshop provides such a service for silver and gold jewelry, but it must be taken into account that only the Assay Office of the Russian Federation issues an official conclusion on the discrepancy between the sample and reality.

You can also return the goods when parts of the product move randomly, the locks jam or are difficult to close. In this case, the expert must confirm that the marriage did not occur through the fault of the buyer.

When can jewelry stores refuse a refund?

The buyer may violate the rules established by law, which leads to a refusal to exchange and accept the goods:

applying for an exchange or return of products made of gold or silver at the end of the warranty period;
the defect appeared after the purchase;
deadlines have not been met (the 14-day return period has expired, the warranty period has expired, the service life has expired).

If the buyer complies with the norms established by law regarding the exchange and return of goods, the seller is obliged to satisfy the requirements of the buyer. Unreasonable refusal of the seller is a reason for filing a complaint.

Consumer rights Protection

The Government of the Russian Federation establishes the terms of trade in gold and silver jewelry, which must be followed by a jewelry store when selling goods. Requirements to be fulfilled by the seller of jewelry:

the cash receipt must contain information about the sample, article number, type of purchase, information about the precious stone. If the cash receipt does not contain such data, the seller is obliged to issue a sales receipt indicating a detailed description of the jewelry;
weighing of jewelry is carried out in the presence of the buyer at his request;
gold or silver jewelry with precious stones are sold in special packaging;
the presence of a state guarantee - assay mark on each imported or domestic product. The law allows not to stamp gold and silver jewelry weighing up to 3 grams;
precious stones - emeralds, diamonds - can only be sold with a certificate;
Russian products must have imprints of personal names;
before putting the goods on display, the seller is obliged to inspect it, check the sample, name, labels, seals, and make sure that there is no marriage.

Each piece of jewelry must have a label with data: name of the piece, manufacturer, type (silver or gold), sample, processing method, article number, weight, price.

If the product contains a stone that does not belong to the precious group, information about this must be indicated on the label.

Procedure for refunding money for defective goods

If you want to return a low-quality jewelry to the store, follow these steps:

Make claims to the seller in writing in the form of a claim. Attach copies of the payment receipt, label (if any), tags to it;
if you accidentally throw away a check, this does not mean that the money cannot be returned. The fact of purchase can be confirmed by witnesses, request video recording in the store;
if the store considers it necessary to find out the cause of the defect, an examination will be appointed. The buyer has the right to attend it, and if he does not agree with its results, he can contact an independent expert at his own expense. At the initiative of the buyer, it is more expedient to conduct an examination already in the trial.

The seller considers the claim within 10 days. If after this period you receive a refusal, the store does not make contact, and you have lost hope of solving the problem peacefully, you should contact the court.

In addition to the return of the amounts spent on the purchase of defective goods, compensation for non-pecuniary damage can be demanded through the court. Satisfying the claim, the court will also impose a fine in the amount of 50% of the value of the claim. This money will go to the federal budget.

Recovery of a penalty

If the case goes to court, the plaintiff has the right to demand not only a refund for the defective goods, but also a fine of 50% of the purchase amount. You can also receive a penalty for each day of non-return of funds, which compensates for the violation of consumer rights. To do this, you must write a claim to the seller demanding compensation for losses, lost time.

Who and how calculates the penalty? The amount of the penalty is calculated independently. If the seller has not replaced the goods within 7 days from the date of the request, from the 8th day a penalty of 1% of the value of the goods can be charged. If the goods are sent for examination, the consideration of the claim is 20 days, the calculation must begin from 21 days after the delivery of the written request. In this case, the countdown of the first day allotted for consideration of the claim must begin not from the moment the letter was delivered, but from the day following this day.

Note!
Litigation for the protection of consumer rights is carried out entirely at the expense of the seller. When filing a claim, you do not have to pay a state fee.

The case will be considered by the court at the place of residence, but if it is more convenient for you, you can file a claim with the court at the location of the defendant. In case of purchasing low-quality jewelry, the court is on your side. An experienced lawyer will draw up a claim, a lawsuit, and help collect evidence for a court hearing. Each case of consumer fraud is individual. A positive result depends on many aspects.

When buying jewelry as a gift, try to arrange a return or exchange with the seller within a few days in case the size doesn't fit. Despite the lack of legislative regulation of this issue, in practice, many sellers meet buyers halfway.

Summary

The law allows the return of gold and silver only because of the presence of a factory defect. If the seller refuses to exchange or return jewelry for no reason, file a complaint, and then file a lawsuit. Identification of defects in the goods gives the buyer the right to terminate the contract and return the money, eliminate the defect at the expense of the seller, exchange the goods, reduce the price, receive compensation for repair costs, replace the goods with a similar one.

In any case, it is still worth trying to negotiate with the seller about the possibility of replacing or returning the goods when buying the goods. Sometimes stores go towards the buyer, return the money or exchange the product for a similar one, even in cases not provided for by law.

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

Not all citizens of the Russian Federation know their rights to return goods to the store. If a product of inadequate quality is purchased and a person wants to return it, he should refer to the text of the Federal Law 2300-1 "On Protection of Consumer Rights". It details all aspects regarding the return and exchange of any purchase.

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

Jewelry, according to Decree of the Government of the Russian Federation No. 55 of January 19, 1998, is included in the list of non-food products of good quality that cannot be returned or exchanged. In other words: an exchange or return is possible only if the purchased jewelry has a factory defect or a breakdown has occurred due to a reason beyond the control of the buyer. Returns or exchanges can only be made during the warranty period.

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According to the law, The consumer has the right to make demands to the seller:

about replacing a piece of jewelry with exactly the same one;
about replacing with another piece of jewelry, taking into account the change in price;
about a price reduction due to the presence of a marriage on the jewelry;
about the elimination of the defect at the expense of the seller;
on reimbursement of expenses incurred by the buyer when eliminating the marriage;
on the return of funds in full for the goods paid (in this case, it is necessary to return the jewelry of inadequate quality back to the store).

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

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

What does the RFP say about selling jewelry?

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

Download the text of the consumer protection law

When purchasing anything you need, you need to make sure that there are no defects. To do this, you should carefully examine the goods, especially for expensive jewelry. For example, if there is a marriage on the clasp of a gold chain, it can unfasten and get lost. Therefore, it is important to detect the defect as early as possible.

But if, when buying a piece of jewelry of inadequate quality, the marriage was not noticeable, then after its discovery, you need to familiarize yourself with your rights to return the jewelry back to the store. To do this, you should study the full version of the law. You can download the latest version of the Federal Law of the Russian Federation 2300-1 "On Protection of Consumer Rights" with amendments and additions at

Do you want to return or exchange jewelry, but the seller refuses to accept the goods, claiming that it is illegal? Let's find out!

Answer the questions and we will show you how to proceed.

The relevance of the information was agreed with the project partner Mincredit.ru.