07.03.2015

When making a purchase of shoes, the consumer rightly assumes what he is buying. If he regrets a perfect purchase or a defect was revealed during the operation of the shoe: the sole burst, the zipper broke, the skin cracked, etc., it is worth considering in what cases the buyer can take advantage of the shoe warranty by law.

The buyer, in order to be eligible for a refund, should distinguish between the degree of shoe use and know what kind of shoe warranty applies in a particular case.

Warranty return procedure

This type of warranty applies only to brand new, unworn shoes - the law guarantees a full refund... If the shoes have retained their presentation in full, then return them to the store within two weeks from the date of purchase. In turn, the store is obliged to accept such shoes. When filling out an application for a return, you must present an identity document; without a passport, you will not be accepted for goods. But the presence of a check is not necessary, although it is encouraged by the seller.

The occurrence of a warranty case for quality

Already worn, second-hand purchases are subject to different rules. The warranty period for shoes from the date of purchase directly depends on its seasonality:

• All-season types are understood as footwear for constant indoor wear, regardless of climatic factors. This category includes slippers, office and sport shoes unless otherwise specified by the manufacturer. The warranty applies to them from the moment of purchase, its duration is determined by both the seller selling the goods and its manufacturer.
• For summer, demi-season and winter shoes, purchased in advance, before the onset of the season of its wearing, the guarantee comes into force from the fixed date of the beginning of the season. Accordingly, it is different for each locality. If the purchase is made during the shoe's operating season, then the guarantee is accordingly. starts from the moment of purchase.

It is often difficult to say how long a shoe warranty lasts. The confusion is that the manufacturer and the seller have the right to specify their own warranty period. The store can specify one month, while the seller can specify several years. A consumer who wants to get his money back must take into account who exactly he is making claims to, and whether the store is complying with its obligations to the shoe manufacturer.

But anyway, information on warranty periods must be communicated to the consumer in writing... If the warranty period is not specified in the sales receipt, count on the maximum period fixed by law - two years.

All decisions regarding material compensation under the guarantee are made only after an independent examination, during which the reason for the goods is found out. According to the law, the guarantee for shoes only applies if a manufacturing defect is detected.

Warranty practice

And although the law is strictly regulated that the consumer has the right to demand a full refund due to defective shoes, sellers often try to cheat. Often they either want to deduct the cost of wear from the total amount, or they offer a return of shoes repaired without the client's consent. If the measures proposed by the store do not suit you, then you can, using the help of a lawyer, defend your rights.

P.S. All of the above warranty features apply not only to purchased shoes, but also to custom-made shoes.

It contains general provisions according to which the consumer can make a claim. if the quality of the purchased product is unsatisfactory. As a rule, this can be done as long as the warranty period has not expired. In the case of shoes, there are two types of warranty periods: vendor-specific and manufacturer-specific. The seller is free to set the warranty period at his own discretion (in practice, it is usually 14-30 days), but it cannot be less than that specified by the manufacturer.

If the buyer has any suspicions that the store is underestimating the warranty period, he can contact the manufacturer and clarify information on the warranty period.

Disadvantages of seasonal footwear identified

in your store I purchased summer shoes article _________ (specify article) at a price of ______ rubles. The shoes have a 30-day warranty period. I started wearing them in early June, and 2 weeks after wearing them, the platform came off and cracked in half.

When contacting the store on June 18 this year. with a demand to return money for a product of inadequate quality, I was verbally denied a refund due to the expiration of the warranty period. Clause 2 of Article 19 of the Law for seasonal goods (footwear, clothing and others), the warranty periods are calculated from the moment of the onset of the corresponding season, the period of which is determined by the entities, respectively. Russian Federation based on the climatic conditions of the location of consumers.

Shoes warranty: by law

The warranty period for such shoes begins to run according to the general rule: from the moment of purchase.

Art. 19 of the Law establishes that the warranty period for seasonal goods, to which certain types of footwear belong, is calculated by the moment of the onset of a particular season, the period of which is determined by the relevant constituent entity of the Russian Federation, taking into account the climatic conditions of the place where the consumer is located. This applies to summer, winter and demi-season shoes.

What is the warranty period for shoes, and in what cases is it valid?

In this case, the warranty begins to flow not from the moment of purchase, but from the day when the season for wearing shoes comes. The shoe warranty begins to run out of the season.

The onset of the season is determined in each region based on the characteristics of the climate. If we consider, for example, the climatic conditions of the European part of Russia, in particular Moscow and the Moscow region, then the seasons are determined by the following calendar periods: winter - from November 1 to March 1; spring - from March 1 to May 1; summer - from May 1 to September 1; autumn - from September 1 to November 15. That is, if, for example, you are a resident of Moscow and bought winter shoes in the summer, it is quite logical that you will not wear them until November.

Warranty pitfalls

Guarantee period is calculated from the date of transfer of the goods to the consumer, unless otherwise provided by the contract.

If the date of transfer cannot be established, these periods are calculated from the date of manufacture of the goods. So, what pitfalls can arise on the way of making these claims: The warranty period for the product is not established The fact is that the manufacturer has the right, but is not obliged to establish a warranty period for the product.

How much is the warranty period for shoes under consumer protection law?

The corresponding mark must be affixed in the warranty card. Warranty period and service life what is the difference?

Do not confuse the warranty period with the operating time of shoes or other items of clothing, household appliances, etc. So, in accordance with the Civil Code of the Russian Federation, the warranty period is the period during which the manufacturer is obliged to eliminate defects that have arisen through no fault of the buyer, or exchange low-quality goods. On the topic: Checking the passport for validity by series and number - a sample agreement Thus, the service life can be, for example, 5-10 years, and the warranty is 2-3 years (for example, household appliances).

For seasonal goods (clothes, shoes, etc.), the warranty period begins to be calculated from the beginning of the corresponding season: for boots - from November-December (i.e.

The Law on Consumer Rights (ZoZPP) No. 2300-1 of 02/07/1992 - hereinafter the Law, provides a wide range of opportunities to defend interests violated by the seller or manufacturer. This also applies to the guarantee for shoes.

According to the Law, the manufacturer may install on footwear (Article 5):

1. Service life - the period of time during which he must ensure the use of the product for its intended purpose and be responsible for defects.
2. Warranty period - the time period in which claims related to defects are satisfied (Articles 18, 29).
3. Additional obligation for deficiencies discovered after the warranty period. The conditions for its execution are the responsibility of the manufacturer.

The indicated terms begin from the date of purchase of the thing, and if it cannot be established, then from the date of its production.

Note! When the manufacturer has not given a guarantee, the seller may legally guarantee the shoe.

The buyer has the opportunity to demand from the seller information about the manufacturer, about the seller himself, and he must provide it (Art. 8).

According to Art. 9, and the manufacturer is obliged to provide information:

• about its name;
• about address data;
• about the operating mode;
• about state registration.

GOSTs and seasons

Shoe goods are manufactured in accordance with GOSTs, including guarantees for specific types shoes. Despite their differences, there is no time limit of less than 30 days. The manufacturer is unable to set a period less than that indicated by the State Standard.

The seller also has the ability to issue guarantees, but for a period not less than that of the manufacturer. If he did this, and the buyer, believing him, "missed" the deadline, then such actions of the seller are illegal, and the purchase will be considered invalid, since it infringes on the purchasing rights (Article 16).

For products belonging to the seasonal, the dates are tied to the beginning of the season, set by the local administration of the subjects, focusing on the climate.

The purchase was made in season: the warranty period for shoes starts from the day it was made, before it: from the day the season starts. This applies to winter, summer and demi-season shoes. You can find out about such a day at the local office of Rospotrebnadzor.

For Muscovites, there are the following indicators:

But there is another type of footwear - off-season, it includes: home, sports, office. The term relating to it begins on the day of purchase.

Different warranty times also depend on the material used in the manufacture of shoes, boots, boots.

What other warranty periods exist for shoes is indicated in the table.

Possible claims

If flaws are identified that were not previously agreed upon by the seller, the buyer has the opportunity to declare what he wants (Article 18):

1. Change shoes to their counterparts.
2. Replace with a similar one by adjusting the price up or down.
3. Reduce cost.
4. Eliminate deficiencies at no cost and in the shortest possible time.
5. Reimburse the cost of fixing them by the buyer or someone else.
6. Refund money.

For all these activities, the selling and manufacturing organization is given 10 days.

The buyer may be talking about compensation for damage caused by a low-grade purchase.

The seller is obliged to accept a substandard item and, if necessary, check the validity of the claims made. If there are disagreements regarding the reasons for the flaws, the examination is paid "out of pocket" of the store, plant, factory. The buyer is not prohibited from attending expert events. If there are any objections to the conclusions of experts, he can file a claim.

If the check shows that the flaws were not the fault of the store or the factory, the funds spent on it are recovered from the initiator. He will also have to pay for storage and transportation.

Responsibility for the low quality of the organization that manufactures and sells the thing also comes:

1. If there is no guarantee for the shoe, but there are facts indicating a decrease in its quality before purchase, or for reasons that took place before this event.

1. When the footwear is legally warranted and there is no evidence of post-sale defects due to:

• failure by the purchaser to follow the instructions for use;
• improper conditions of detention or transportation;
• actions of other persons;
• extraordinary events.

In Art. 19 states that the acceptance of claims for defects is possible if they appear before the end of the warranty period. If there are no guarantees, claims are made:

• within a reasonable time;
• 2 years have not passed since the date of purchase.

What does the shoe warranty cover? Especially on the thing itself? Are shoe accessories covered by the warranty? The answer is yes.

The timing for fittings is governed by the same rules as for the thing itself. They are considered the same unless otherwise specified. A longer period is taken into account for making claims.

When the period is less than 2 years, and the flaws were found outside it, but within the 2-year period of time, the purchaser of the thing has the opportunity to make a claim. But he is obliged to provide evidence that the defects or their reasons arose before the purchase.

Important! The seller is obliged to provide the buyer with comprehensive information about the duration of the guarantees (Art. 10).

Warranty extension

Art. 20 says, if the parties have not agreed in writing about something else, the shortcomings are corrected in the near future. In the agreement, it is allowed to set a time not exceeding 5 days.

The warranty is extended for the period when the item is being repaired. The extension starts from the day the claims are accepted until the return from repair.

The store or factory gives the purchaser written information about:

• the day of filing a claim;
• acceptance of the product for correcting defects, their list;
• the date when the correction occurred;
• materials and spare parts used;
• the day of receipt of the corrected product.

When replacing fittings with an existing warranty, the new one is guaranteed for the same time.

Replacement terms

Art. 21 indicates that replacement requirements must be met within 7 days. When it is necessary to check the quality of products, this time is extended to 20 days.

If a suitable item is out of stock, the seller is given a month to deliver it. When events take place on The far north and in localities equated to it, the time required for the next delivery is set aside for replacement.

An item of poor quality is replaced only by an item that has not yet been used. After the exchange, the warranty period begins anew - from the moment the new item is issued.

By Post. Right. No. 55 of 01.19.1998 (p. 44, 45), when selling shoes, a store employee is obliged to:

• with the buyer, make sure that it is not defective by performing an external inspection;
• clarify its cost;
• hand over the purchase in a package provided free of charge.

You can apply for an exchange within 14 days, excluding the date of purchase.

Exchange is possible if:

• shoes were not worn;
• her appearance did not change;
• there is a warranty card;
• a passport is available;
• a check or witness statements are presented.

Remember! Art. 493 of the Civil Code of the Russian Federation says that if the consumer does not have the relevant documentation (check) on hand, he can resort to testimony.

If there is no similar thing for exchange at the moment the buyer arrives, he may not produce it and return the money. This is given 3 days. By agreement between the parties, the exchange can be carried out with the arrival of the next batch of goods, which will be immediately reported to the client.

Liability measures

If the seller's requirements are not met, you need to write a claim addressed to the management in 2 copies, send the application directly or through the seller, another responsible person. It is necessary that the other party on the 2nd copy be signed, its transcript indicating the position and date of acceptance of the document.

For non-fulfillment of the instructions on the terms, the store or the plant is threatened with a forfeit (or a penalty). It is 1% of the cost of the product, determined on the day the requirements are met.

Keep in mind! If the seller did not meet one of the types of claims on time, another type of claim can be presented.

In Art. 15 says: in case of violation of the buyer's interests by the seller, the manufacturer, he can count on compensation for moral damage. Its size, which does not depend on the amount of material damage, is determined by the court.

The buyer has the opportunity to bring a claim to court (Article 17):

• at the place of residence of the defendant, if it is an individual entrepreneur;
• at the address of the place of residence or location of the plaintiff;
• at the location of the outlet or manufacturer.

There is no need to pay the fee. The consumer rights law protects them, as they say, "to the fullest." You need to use this and not be afraid to defend your rights.