Refundable funds. Refund of funds transferred incorrectly

When purchasing, it is not always possible to correctly assess all the qualities of the purchased product.. In addition, some defects are revealed only after a certain period of operation. In this regard, there is a need to return goods purchased, including by bank transfer. This article will discuss the features of this procedure.

It should be noted that delivery of already paid goods to the store is possible both before and after receipt. The decision to take such an action may be based on various grounds, including:

inadequate quality of the goods, which was discovered after payment was made. In this case, it is possible to return the purchase only during the warranty period;
non-compliance of goods with certain buyer requirements(size, style, color, etc.). By law, delivery of the goods in this situation must be made no later than 14 days from the day following the date of purchase. But the selling organization has the right to increase given period. However, there are some restrictions that the seller usually warns about in advance. Thus, goods belonging to the category of personal hygiene, food, medicines and some others are not subject to exchange or return;
impossibility of fulfilling the obligation under the supply contract on the part of the seller, if a legal entity or individual entrepreneur payment has already been made under this agreement.

What documents must be provided to receive a refund?

The standard list of documents required for this operation includes:

return application Money;
identification document;
item of purchase;
warranty card, if the reason for delivery of the goods is its inadequate quality;
document confirming payment (check).

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It should be noted that the return of goods if there are no defects in them is possible only on the condition that the buyer has not damaged the packaging and has not removed labels or seals. The exception is situations when inspection of the goods is not possible without opening the packaging.

In addition, delivery of a purchase to a store is permitted even in the absence of a receipt, if payment for the goods can be confirmed in another way (for example, using witness testimony or video recording). As a rule, sellers can identify their goods by markings, a stamp on the price tag, etc.

Procedure for returning funds to the card

It is advisable to consider the procedure for returning funds to the buyer’s card or account in several stages:

First of all, the seller is obliged to make sure that all conditions for accepting the goods are met: deadline; integrity of packaging, labels; product category.
Before issuing a return, it is the responsibility of the seller to offer the buyer to exchange the product for another, but similar product.
If on the day the return is issued there is no similar product in stock, the seller must issue a refund.

It should be noted that the return of funds deposited to the store account using a non-cash payment is not possible by issuing cash from the cash register.

To do this, you need to send a payment order to the bank, which will subsequently transfer the funds to the buyer’s account.

Documents that need to be completed when returning

To make a return, a number of documents must be completed. Among them:

application for a refund of funds transferred by bank transfer. The application is drawn up by the buyer on a form issued by the seller or according to the proposed form;
certificate of return of goods in two copies. One of them, along with the check, remains with the seller, the second is transferred to the buyer;
payment order to the bank in whose account the funds are located;
buyer's complaint if the purchase does not meet quality standards;
act of non-conformity of product quality drawn up by the seller.

How to reflect the return of goods in accounting?

The act of returning the goods with a receipt attached to it is transferred to the accounting department. Specialists of this department are required to carry out accounting of this operation in order to ensure correct taxation.

Accounting is carried out using special entries established in Order of the Ministry of Finance of the Russian Federation dated October 31, 2000 No. 94n.

Terms for returning funds to the buyer by bank transfer

Money paid for goods via non-cash payment must be returned within 10 days from the date of registration of this transaction. If the reason for the act lies in the presence of defects, then Returns must be made within 14 days. The increase in the period is due to the need to check the quality of the goods.

The costs of transferring funds to the buyer are borne by the store.

If the seller fails to fulfill his obligation to transfer funds, a civil claim may be brought against him. If there is a court decision on such a claim in favor of the buyer, the store will be charged a penalty of 1% for each day of delay.

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The penalty is also collected when the delay occurred through no fault of the seller. However, in this case, the store is given the right to reclaim the guilty party (for example, a bank).

In addition, the seller may be held administratively liable under Art. 4.5 Code of Administrative Offences. However, the period during which this is possible is limited to two months from the date of commission of the administrative offense.

Features of refunds from online stores

Interaction with online stores is carried out, as a rule, only in the form of non-cash payments. However, the possibility of returning goods during such a purchase is significantly difficult due to the virtual nature of the outlet.

To protect consumer rights, the seller in this case is obliged to inform the buyer about:

legal address of the store;
deadlines for making claims regarding the quality of the goods;
period for returning a purchase;
operating mode of the organization;
the need to maintain the integrity of packaging and labels.

The legal status of online stores regarding the return of purchases is much worse than that of other retail outlets. The fact is that the buyer has the right to refuse the goods before its transfer, as well as after it within 7 days, without explaining the reasons for such a decision.

Moreover, if the seller does not provide the consumer with information about the period and procedure for returning the goods, then this period increases to three months.

Money for the purchase can be returned to the buyer not only to a bank account, but also to an electronic wallet at the consumer’s request. To do this, he simply needs to indicate the wallet details in the return application.

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Nevertheless, The seller has the right to deduct the cost of delivery of the purchase from the refunded amount., if they were paid by him.

Thus, the scope of consumer protection in the area retail quite wide. However, many are still unaware of the possibility of returning goods even if there are no defects.

It is only important to comply with the return conditions for such a purchase. In case of failure to fulfill the obligation to return money for the returned goods, trade Organization may be brought to administrative and property liability.

How to properly process a refund to a buyer in 1C, watch this video:

Last updated February 2019

When purchasing a product with manufacturing defects, you involuntarily think about the correctness of your choice when purchasing. There is a desire to correct your mistake, for example, to purchase a product from a different manufacturer or a different model. The legislator provides such a second chance. For this purpose, there is a mechanism for returning money paid for low-quality goods.
The demand for a refund is the most common demand from consumers and the most unpleasant for the seller. Therefore, in most cases, sellers do not give up without a fight. But if you know your rights and skillfully implement them, then a careless seller will be powerless against your onslaught.

There is a significant difference between requesting a refund for an item of proper quality(read more) and for low-quality goods. In this article we will look at the features of returning money specifically for defective goods.

Let's clearly look at an effective algorithm for consumer actions to return money previously paid for a product.

First, let's note the key points that you need to keep in mind before you start demanding your money.

For which goods can you request a refund?

Returns can potentially be made for any item. However, depending on the specific circumstances, the procedure may be complicated or even impossible to implement. Typical situations when presenting a claim for a refund for a low-quality product:

money for the goods is returned at the first request of the buyer without any reservations or exceptions	simple durable household goods furnishings in residential premises (furniture, doors, windows, etc.) goods for sports and active recreation Food personal care products medical supplies and drugs other goods
A refund is possible, but in case of repeated consumer demands or significant deficiencies	This applies to goods classified as technically complex.
No refunds are given for the product.	goods whose defects arose due to the fault of the buyer (improper operation, careless storage, etc.) product for which the expiration date has expired, the warranty period (if the warranty period is at least 2 years)

What product defects are grounds for a refund claim?

Speaking about the defect, you should know that the right to a refund is possible when the unsuitability is due to:

Factory defect of non-food product	Non-compliance of the product with GOST, TU and other mandatory requirements technical parameters. That is, any deviation in a product from the standard that does not allow the product to be fully used in the usual way.
Manufacturing defect of food product	Unstandardized deviation of recipes, costing investments, organoleptic parameters (external forms), suitability of the ingredients used, etc.
Improper storage of goods	Not provided by the seller, manufacturer necessary conditions for proper storage of goods. For example, milk product were stored at an insufficiently low temperature, which led to souring of the product.
Careless transportation of goods	Failure by the seller or manufacturer to comply with precautionary measures when organizing the transportation of goods to a warehouse, retail locations, to the buyer, etc. For example, during transportation washing machine the goods were not secured, which led to them overturning; As a result, scratches, dents and damage to its mechanisms formed on the surface of the washing machine.
Malicious actions of third parties	Such persons can be both the seller’s employees and strangers. The main condition under which a defect will be covered under warranty is the commission of such actions before the consumer purchases the product. Harmful consequences may occur immediately, or they may lead to malfunction in the future.
Negative effects of natural forces and phenomena	It should be understood that a warranty case will occur if such an impact occurred before the goods were transferred to the buyer. The defect will be covered under warranty not only when, after exposure to natural forces, the evidence of the defect is obvious, but also after a certain period. For example, as a result of heavy rain, a camera warehouse was flooded. After eliminating the consequences of the disaster, the equipment was thoroughly dried and subsequently sold. The electrical circuit contacts of one of the cameras oxidized, which led to a short circuit and failure after three months of operation.
Harmful actions of a consumer who did not have information about the product	A buyer who breaks a product due to his own fault has the right to file a warranty claim and make claims if the seller does not provide it technical documentation or necessary information about the product. For example, the buyer purchased a microwave oven. The product did not come with instructions or technical information. documentation. The buyer unknowingly used metal utensils to heat food, causing the oven to malfunction. Although the buyer violated the terms of use of the product, since the seller did not give him a document indicating this, the seller will be obliged to accept the microwave for warranty and return the money upon the buyer’s request.

Let us repeat that the defect may already be present upon purchase of the product, or may appear later. The main thing is to establish the reason why the deficiency occurred, and the time of occurrence is not so important for filing a claim.

What defects are not considered under warranty?

Improper and careless operation	A buyer who does not adhere to the rules of use and operation or treats the product carelessly (extremely carelessly) may damage the product. Such a defect does not apply to the warranty case.
Careless transportation by the buyer	The owner of an item who allows the goods to be transported in a manner that causes harm to him cannot count on a refund for the goods.
Inappropriate storage	If the buyer stores the goods incorrectly and this leads to its damage, all damage from the malfunction of the goods falls on the shoulders of the buyer himself.
Actions of third parties and natural elements	If a harmful effect on the product occurred during the period of use of the product by the buyer, then the seller and the manufacturer will not be responsible for such a defect in the product.
Defects that are specified by the seller when purchasing the product	If the contract and other documents for the goods contain indications of defects, then after purchase the buyer cannot complain about these defects to the seller and make claims, even if these defects are a manufacturing defect. You should know that the indication of the defect must be expressed clearly and clearly, and it must follow from the document that the buyer has become familiar with the defect (his signature must be present).
Unprofessional repair of defect by buyer	A buyer who independently repairs a product thereby demonstrates his refusal of a set of consumer rights. Therefore, the seller who refuses to satisfy such a right turns out to be right.

What to do if the product simultaneously contains a manufacturing defect and a defect due to the fault of the buyer

There is no definite answer in the law, but arbitrage practice shows that It is extremely rare to get a refund for such a product.. However, you can count on free repairs of manufacturing defects.

For example, the buyer presents the damaged lantern to the seller. The product has broken glass and a reflective element (due to the buyer’s negligence), and the switch mechanism has also become unusable (manufacturer’s defect). The seller can repair the light on/off button. But the buyer has to worry about the glass and reflector himself.

However, the buyer and seller can come to a mutually beneficial agreement (for example, a smaller refund, etc.).

Where it is possible to detect a defect that is taken into account as a warranty case

Deadline for filing claims for refund

A claim for a defective product and a refund for it is made within the warranty period established by the seller. However, there are times when a consumer may go beyond these limits. The legality of the consumer's claims depends on what kind of defect is identified - an ordinary or significant defect.

Possible situations:

Type of deficiency	Situation	Consumer powers
The disadvantage is simple	No warranty period specified	The buyer can contact the seller within 2 years from the date of purchase of the goods.
The disadvantage is simple	Warranty period less than two years	The consumer has the right to make a claim within a period of 2 years from the date of purchase of the goods, including during the period when the warranty has expired. True, if the warranty period expires by the time of application, then the buyer himself will have to prove the manufacturing defect or the fault of the manufacturer (seller) for the deficiency (Clause 5 of Article 19 of the Federal Law “On the Protection of Consumer Rights”).
Significant disadvantage (in accordance with paragraph 6 of Article 19 of the Federal Law “On Protection of Consumer Rights”)	After two years from the date of sale (or after the expiration of the warranty period, if it is more than 2 years) within the service life	The conditions for a refund in such situations are as follows: You can only contact the manufacturer (not the seller) the consumer must prove a significant defect Initially, you can only ask for free repairs (you cannot immediately demand a refund) the manufacturer must have violated the 20-day repair period
	After two years from the date of sale of the product (or after the expiration of the warranty period, if it is more than 2 years), but within 10 years, if the service life is not specified

A separate story with food, medicines, perfumes and household chemicals . An expiration date is established for these products. Therefore, a return claim can be made within this expiration date. But, nevertheless, it is possible to make a claim after the expiration of the period, only in this case the buyer must prove that the product was of poor quality.

Other situations also occur:

Who has the right to make a claim for a refund?

The buyer himself can make a request for a refund.

If the consumer gave the goods as a gift or resold them to someone, then the new owner has the right to exercise such powers, even if all the documents are issued to the original buyer. The new owner of the item does not have to prove to the seller the fact of donation, sale, etc., of goods from the original buyer to another consumer.

To whom can the buyer's claim be made?

The consumer can address his complaint to:

to the seller
to the manufacturer

The consumer's choice is determined by the following conditions:

How the buyer's request is made

The buyer can express his intention to return the money paid for a defective product in any form, both orally and in writing. But given that such situations are potentially controversial and conflicting, you should express your claim clearly and unambiguously, without giving the seller a chance to evade his responsibilities. To do this, the return request is stated in a written statement (sample statement), which is handed to the seller against signature indicating the date of delivery. If the seller refuses to accept the application (sign and date it), then this application should be sent to him (to the address of the location of the store, office, etc.) by registered mail with notification.

Refund period for goods

According to the law, the seller must return the money within 10 days. The countdown begins from the moment the consumer’s application is submitted. This period includes the procedure for transferring the goods, and checking them for defects, etc.

The seller, in turn, has the right to receive low-quality goods back, therefore, in order to avoid unnecessary visits to the seller, the goods should be taken with you and handed over according to the acceptance certificate. Such an act is drawn up by the seller and it states:

Transfer date
FULL NAME. buyer and seller details
Name and technical (consumer) characteristics of the product, individual characteristics (color, serial number, etc.)
Description of the existing deficiency
Confirmation that the defect is covered by warranty or a reference to the need for quality control
The buyer's stated requirement is a refund of money paid for the product

Refund for delivery of goods

If the goods are heavy (more than 5 kg) or large, then the seller must deliver the goods from its location or he must return the money for delivery. Expenses are reimbursed on the basis of payment documents issued by transport organizations.

What are the seller's violations?

If the seller violates the consumer’s right to a refund, this means that it is necessary to go to court to resolve the issue on the merits. Although the court is the most extreme measure, it is the most effective and efficient. So, how can you understand that the seller refuses to meet you halfway:

does not refund money within the prescribed period (10 days). The seller may refer to quality control or the need to appoint an examination, etc. All these are excuses; such conversations only lead to prolongation of the controversial situation.
Instead of money, the seller offers or simply imposes another serviceable product. The buyer is not obliged to make concessions to him, and can demand his way to the end. However, the seller can use a trick and, when giving out a replaced product, claim that this is exactly the one that the buyer brought to him, making a mistake about the malfunction. Therefore, you need to try to receive money on the day of application. And if the seller takes it for inspection, then it is better to pack the product in a way that prevents its substitution, and put control signatures on the packaging. The product should also be photographed, capturing its individual (distinctive from other products) characteristics.
the seller returns the goods in a repaired form. The buyer needs to refuse such a product and insist on his own. Unfortunately, not all repairs leave marks on the product, and the buyer may find himself in a sticky situation.

Regarding the last two cases there is universal remedy. It requires additional costs, but is reliable. So if the buyer is gnawed by doubts about the integrity of the seller and the cost of the goods is high, then the game is worth the candle. The point is that before you go to the seller, you should contact independent expert for carrying out commodity examination. An expert must invite the seller to inspect, open and check quality. As a result, the seller will not have any complaints regarding the fact that factory seals, markings, etc. were opened without his participation, and the expert’s opinion will not allow the seller to replace the goods or carry out secret repairs.

What amount is refunded?

Return size may correspond to:

The amount of money paid for the goods by the buyer

The buyer is refunded the money in accordance with the cash receipt (other payment document). This method is beneficial if a similar product has fallen in price by the time the consumer complains. The seller cannot refer to a decrease in the value of the goods as an argument for returning a smaller amount of money.

The cost of the same product on the day the money is returned (voluntarily or by court) in accordance with clause 4 of Art. 24 Federal Law “On Protection of Consumer Rights”

The consumer may demand a refund greater than what he paid for the product. To do this, he must focus on new price of the product, valid at the time of return of money on the submitted claim. The following situations may arise:

The seller has a similar product for sale. The buyer can take the seller’s current price as a basis for his requirements (excluding discounts, promotions, etc.)
There is no such product on sale, but it is common knowledge that prices for this product have increased everywhere. In this case, you can order a professional assessment. market value goods. It is carried out by appraisers and the cost of such a service is 2000-3000 rubles. Appraisal costs can be reimbursed from the seller in court

Credit expenses in accordance with paragraphs 5, 6 of Art. 24 Federal Law “On Protection of Consumer Rights”

In practice, there are two typical situations:

credit item is provided by the seller
buyer takes out a consumer loan from a bank

In any case, the consumer has the right to a refund in excess of the amount paid for the product:

interest on loan. But exactly those that were paid on the day the money was returned by the seller
other expenses associated with obtaining and using a loan (commissions and other payments)

You should know that credit and loans can be issued not only by a bank, but, for example, by the consumer’s employer organization or even by an acquaintance. The main condition is that such a loan and the interest paid on it be documented (contract, agreement, receipt orders, receipts, etc.).

The buyer reflects all his monetary claims in the application for a refund when submitting a claim. However, if after receiving the money additional amounts emerge, the buyer can compensate for the newly incurred expenses at the expense of the seller upon an additional application accompanied by documentary evidence of these expenses.

For example, the consumer received a refund from the seller and immediately repaid the loan ahead of schedule, for which the loan agreement provides for additional interest.

It should be borne in mind that fines paid by the consumer on loans, for delays or other violations of the contract cannot be recovered from the seller - this is a non-refundable loss of the consumer.

Refund of money for related expenses (examination, transportation)

To satisfy his request for a refund for the purchased product, the buyer may incur additional costs:

expenses for the examination
lawyer's fees
costs of transporting large or heavy goods to the seller or expert
other

Such expenses for general rule, if the consumer is right, the seller must compensate. Therefore, you should notify the seller of your intention in writing (sample application). Supporting documents are attached to such an application.

However, often the seller does not agree to a meeting, then the only way out is to go to court and recover these costs by court decision.

In this case, it does not matter whether the seller satisfies the main requirement (refund of money) or not.

If the seller waives all claims, then all claims and additional costs are stated in one claim. And, without proving his case, the seller will be forced to reimburse expenses.

If the seller refuses additional expenses, having satisfied the basic requirements, then there will be no problems in court, since half the battle has already been proven - the seller’s guilt (by his own admission), and everything else is procedural formalities.

If the seller refuses to return money for the product

Refusal may be expressed:

written refusal with or without indicating the reasons for such refusal (direct refusal)
silence on the buyer's request (indirect refusal)
violation of deadlines for fulfilling the buyer’s requirements and promises to fulfill them later (disguised refusal)
by providing a repaired or other product instead of a refund

If any of the situations arises, the seller (manufacturer) must immediately submit a pre-trial claim (example sample).

Then, without waiting for a reaction from the seller (manufacturer), take action to prepare materials for the court. If the seller comes to his senses and acts as required by law, then the legal process can be stopped at any stage, even if the claim is already being considered in court. However, do not rush to meet the seller halfway until he fulfills his obligations in full. Do not believe empty promises and persuasion.

When preparing your case, you need to collect:

all documents regarding the purchase of goods
information about the warranty, expiration date
information about the defect of the product (photos, examination report, results of inspection by the seller, etc.)
documents confirming the transfer of goods to the seller (transfer and acceptance certificate), or information that the seller refused to accept the goods
statement of claim for refund, duly served on the seller
refusal to satisfy requirements or other documents and information indicating refusal (if no direct refusal was received)
information and documents about additional costs(loan costs, examination costs, delivery of large goods, etc.)
pre-trial claim

It is better to entrust the preparation of a statement of claim to a lawyer specializing in consumer rights protection. He should also be authorized to conduct the case in court. However, do not withdraw yourself, attend the meetings. Judges often accommodate the consumer halfway if they see his genuine interest in the outcome of the case.

Features of returning money for complex household goods

Refund claims may be made upon discovery significant shortcoming(read about the significant disadvantages of a technically complex product)
when a simple defect is identified, but provided that the product previously had a defect (the same or another), which was eliminated according to the rules of warranty repair

If the buyer within 15 days will make a demand for the return of money paid for poor technical quality complex product, then the above features of a significant defect or repetition of a defect do not play any role in satisfying the stated requirement.

For example, bought a car, the next morning it wouldn’t start. It turned out that his starter was faulty, which could be replaced within 1 hour. The consumer can apply for a refund and return the product to the seller, and the seller is obliged to satisfy such a request.

Be careful that what is taken into account is not the fact that a defect was discovered within 15 days, but the fact that you contacted the seller during this period.

For example, if a defect was detected in the refrigerator on the 3rd day after purchase, and the consumer contacted the seller on the 20th day, then even if the buyer confirms with documents (an examination report, etc.) that the product became unusable precisely on the third day, in satisfying his demand for The seller may legally refuse to return the money.

If the 15th day after the purchase falls on a weekend or holiday, or according to the official work schedule the seller did not carry out activities on this day, then this last day is transferred to the first working day.

A schematic algorithm of consumer actions when making a request for a refund for a product

Identifying a deficiency in a product

Submitting a refund request to the seller

Contacting an expert to conduct a commodity examination

Presentation of goods to the seller according to the acceptance certificate

Calling the seller to open, inspect and check the quality of the goods by an expert

Postponing product quality checks until later

Conducting an on-site inspection and confirming the deficiency

Conducting an on-site inspection and recognizing the product as quality

Receiving a conclusion confirming the deficiency

Confirmation of deficiency

Flaw refutation

Submitting demands to the seller for a refund for the purchased product

The seller’s agreement with the consumer’s requirements and their fulfillment within the period established by law

Refusal to comply with requirements

Filing claims and going to court

Making a positive court decision

Presentation of a writ of execution to the seller and his voluntary execution of a court decision

Presentation of a writ of execution and a court decision to the bank in which the seller’s current account is located for forced debiting of money to the buyer’s bank card or personal account

Collection of the awarded amount through bailiffs on the basis of a writ of execution

Sometimes an incorrect number in a bank card number can deprive a person of his honestly earned money forever. If you react quickly, the refund will be made without serious problems, but what to do if the money has already been transferred to someone else’s account? Should we rely on a voluntary return or can we avoid going to court? Let's try to figure it out.

Erroneous funds transfer

Regardless of how the erroneous payment was made (SMS, ATM, Internet), first of all it is necessary to submit an application to the bank via an application (letter). It is worth remembering that in most cases it will not be possible to return the money in this way. The bank, according to its own laws and documents (bank secrecy), is not able to cancel a monetary transaction without the consent of the person in whose favor the funds were transferred. And the recipient may well refuse to return the funds or simply ignore the request sent to him.

In such conditions the only possible solution is an independent appeal to law enforcement authorities. It is necessary to provide a statement that a person has received a sum of money that was transferred to him by mistake, and that he refuses to return (or ignores) the funds mistakenly transferred to his account or card. After which, the authority’s employees will make a request to the bank to obtain information regarding the owner of the card or account, followed by an investigation and a final court decision.

It’s quite difficult to make a mistake when transferring money to a card or account. The reason lies in the fact that the last digit in the number is randomly generated, but connected according to a special system with previous numbers. Following this information, accidentally indicating someone else’s number is quite difficult, but still possible.

Cancellation of an outstanding payment

If an erroneous payment was made, but the person realized it in time and, as soon as possible, wrote an application to the bank to cancel the transfer of funds, the bank has the opportunity to cancel the transaction and return the funds to the previous account or send them to the newly specified details.

To do this, you need to create statement:

The appeal itself is submitted to the name general director(or other authorized person) of the bank. And the payer’s information is indicated in the header of the application:
FULL NAME;
- residential address;
- passport data;
- contact phone number.
Next, the statement itself is written about the request for a refund or cancellation of the erroneously made payment. And, if necessary, new card or account details where the funds should be transferred.
If desired, you can indicate and provide a payment receipt or any other documents confirming the fact of an erroneous transfer of funds in the attachments.
At the end there is a date and signature of the applicant.

Refund of erroneously transferred funds

When performing operations to transfer money, according to the law, the money already sent is the property of the person to whom it was transferred, and not the sender himself. Therefore, it is possible to return blood funds only taking into account the federal law 02.12.1990 No. 395-1-FZ, solely on the basis of a court decision on this issue.

Also, according to Art. 1102 of the Civil Code of the Russian Federation, if a person, without having legal rights to do so, received funds for use that were not intended for him, he is obliged to return them. Exceptions on this issue are set out in Art. 1109 of the Civil Code of the Russian Federation.

If a person used money transferred to him by mistake after learning about an error in the transfer of money, he is also obliged to pay interest for the use of this amount of money (Clause 2 of Article 1107 of the Civil Code of the Russian Federation).

However, as mentioned earlier, if the funds have already been transferred and it is not possible to cancel the payment, the only way out is to write a letter requesting a refund and send it to the person who received the funds. If they refuse to return the money voluntarily, then in order to get the money back it is necessary to apply to the courts. This is the only way to get your erroneously transferred amount back.

Refund deadlines

According to the legislation of the Russian Federation, there are no exact deadlines for returning money. This directly depends on the bank itself and the final direction of the funds transfer:

When funds were transferred by mistake, but the payment did not go through, the amount of money is returned no later than 5 days (not counting weekends). The refund period, however, may vary depending on the bank making the payments.
If the money has already been transferred to an individual or legal entity and they can only be returned through the court, then the funds must be returned within 7 days from the moment the person receives the letter about the erroneous payment. In cases where the process for the return of funds is greatly delayed, the court can demand compensation in the form of interest for each day of delay.

When sending a letter about the return of funds to the bank, you must indicate all the data very accurately and not make mistakes. Any checks, receipts and account statements will help in resolving the issue of canceling an erroneous payment. Otherwise, the bank has the right to refuse and you will have to return the money yourself. And although this is possible, it is extremely difficult.

The buyer has the opportunity to refuse the product he purchased if he is dissatisfied with the purchase. This situation may arise if the product does not fit in size, color, or has any flaws. In this case, the seller needs to return the money received for the products sold. Refunds are made to the buyer by bank transfer when purchasing goods using an electronic wallet, when paying by bank card, when making a postal transfer.

Rules for returning goods purchased by bank transfer

Refunds to the buyer are made upon presentation of:

goods with saved physical properties, with existing labels, not in use, in undamaged packaging;
warranty card (if available);
identification document (passport, driver's license);
a sales receipt or other document punched at the checkout that can confirm the purchase of goods in a specific place and full payment (in the absence of a fiscal document, the purchase of goods can be confirmed by a witness; in chain stores, the receipt can be printed again, since they are stored in the database);
applications for refund of funds paid.

Refunds of funds deposited into the store account via bank transfer are not possible by issuing cash from the cash register.

To return goods by bank transfer, you must fill out an application in free form or according to the sample specified by the store.

The seller must draw up an act for the return of goods, which also does not have an approved form, but when completing it, it is necessary to indicate a number of mandatory details:

short description the product for which the return is being made;
buyer's passport details;
amount to be refunded;
detailed reason for refusal to purchase.

The act prepared and filled out by the parties is drawn up in two copies.

Refund period

The law establishes a 10-day period for the return of the buyer's money for non-cash payments from the date of submission of the application. If the return is made for a defective product, this period increases to 14 days.

The seller sends a payment slip to the bank for a refund by bank transfer. Within 3 working days, a bank employee is obliged to register the payment, check its accuracy and send it for execution. Subsequently, the period for returning funds to the card depends on the efficiency of the particular bank. Commercial banks return money faster than government banks. In any case, this period cannot exceed the 30 days established by law.

The buyer has the right to receive a penalty in the amount of 1 percent of the amount to be returned in the event that the seller violates the terms for the return of funds.

Conditions for refusing to return goods purchased by bank transfer

The seller has the right to refuse a refund under the following circumstances:

buyer tries to return food product of proper quality;
Products requested for return are included in the list of exceptions for goods that cannot be exchanged or returned (various medications, personal hygiene items, furniture, jewelry, etc.; the list was approved by Decree of the Government of the Russian Federation of January 19, 1998 N 55);
The 14-day period has expired allowing you to exchange or return the product, or the warranty period for returning goods of inadequate quality.

Is it possible to withdraw cash from the cash register?

A natural question arises. Why can’t the buyer’s money be returned from the cash register?

The documents establishing this rule have been approved by tax and other government agencies. Thus, the Federal Tax Service of Russia for Moscow issued Letter No. 22-12/087134 dated September 15, 2008, explaining the procedure for returning funds for non-cash payments.

The issuance of money from the cash register is interpreted by tax authorities as illegal cash withdrawal, for which the law establishes significant fines.

Features of returning goods purchased in an online store

IN Lately Internet trading has become widespread. Returns of products purchased this way are also possible. However, there are several features.

Current legislation regulates the buyer’s right to refuse a product purchased on the website before its transfer; in addition, 7 days are given to refuse the product after its transfer without giving reasons. A rule has been established to provide the consumer with a written reminder of the right to return the goods to specified period. If there is no notice, the period is 3 months.

When returning goods purchased by bank transfer, the money is returned by transferring it to the buyer's account.

The range of services provided to the population today is enormous. Some of them are free, some are for a fee. It is generally accepted that paid services should be of higher quality than gratuitous ones. This is partly a correct judgment. Meanwhile, in practice, there are often cases when a client who has paid the agreed amount does not receive the expected service. What to do in such a situation? Does the law provide for refunds for services not provided? Let's look into this further.

General information

Indeed, as practice shows, cases of non-provision of already paid services are quite frequent. But before making claims, you need to figure out who is to blame for what happened? After all, situations can be different. For example, the service may not have been provided due to the client’s illness, dishonesty of the supplier, or other circumstances. The content of the agreement that the parties entered into is also important. Thus, often no refund is provided for hotel services not provided if the client did not warn in time about the circumstances that prevented him from using them.

Action plan

Refunds for services not provided under the contract require filing a claim. It must be in writing. This is necessary in case the company does not respond to the letter or refuses to comply with the requirements.

The claim must be made in 2 copies. One is sent to the company, the other remains with the client.

The complaint states:

Full name, address, contact information of the applicant and addressee.
Number and date of conclusion of the contract.
The reason for petition.
Requirements.

The claim can be delivered to the company or sent by mail. In the latter case, a registered letter with notification should be issued. If a claim for a refund for a service not provided is presented in person, then the receiving entity must put an acceptance mark and signature on the applicant’s copy.

By law, the addressee must send a response within ten days. He needs to study the claim, the terms of the contract and make a decision.

Consumer Rights Protection Department

This authority should be contacted if the company refuses to refund money for an unprovided service based on a client’s complaint. You need to write a statement to the Consumer Rights Protection Department. There is no need to duplicate the claim. The statement should briefly describe the situation: write that rights were violated, a claim was filed, but satisfaction was denied or no response was received.

The application, as a rule, asks to sort out the situation, conduct an inspection and provide assistance in returning money for a service not provided. A copy of the claim, agreement and other documents related to the case is attached to the document.

Claim for refund of funds for unprovided service: sample

You can contact the court at the same time as sending the application to the Department for the Protection of Consumer Rights, before or after it.

The legislation provides for a mandatory claim procedure in such cases. Simply put, the claim will be accepted if the applicant has already tried to resolve the issue in pre-trial procedure. In support of this, the plaintiff must attach a copy of the claim and other documents.

It is necessary to take into account that, in accordance with the rules on jurisdiction, the application is sent to the authority at the location of the defendant.

The text of the claim should describe the events in chronological sequence. It is important to refer in the statement to the specific legal acts that were violated. At the end you need to list the attached documents.

The required details of the claim are:

The name of the authority to which the application is sent.
Full name of the plaintiff and defendant, addresses, contact information.
Date of preparation.
Signature.

Features of the proceedings

To defend your position, you must have convincing and reliable evidence. The court should be provided with documents confirming that the service was paid for but not provided. The payment document can be a check, receipt, order. If such papers have not been preserved, you can request a bank statement (if payment was made from an account).

You must provide a copy of the agreement. It is the basis for the emergence of obligations and rights of the parties.

Nuances

The period for refunding money for unprovided services within the framework of the claim procedure is, as a general rule, 14 days. However, the law does not prohibit payment earlier. Currently, transfers are most often carried out within 2-3 days. If the payment is made through a bank in cash, the authorized employee indicates in the “Purpose of payment” field “Refund of funds for a service not provided.” The settlement document will confirm that the applicant's claim has been satisfied.

If the case goes to court, the return period will be delayed for the entire period of the proceedings. Direct recovery (if the claim is satisfied) is carried out through the FSSP. After the decision comes into force, the applicant is issued a writ of execution. He takes it to the bailiff and writes a statement. From this moment on, the FSSP employee is responsible for the collection.

Important point

It should be noted that if the contractor’s guilt is proven, he will have to return 100% of the previously received amount. If the service was not provided due to the actions of the customer, the company's expenses are deducted from the total payment amount. In addition, depending on the circumstances, the customer may be denied a refund altogether.

Other payments

In addition to a refund for services not provided, the applicant has the right to demand additional compensation. Thus, the law allows for claims for compensation for moral damage caused by the performer. It is worth saying that in this case it will be necessary to prove that the inaction of the service provider led to the moral and physical suffering of the applicant. It is advisable to have supporting documents (certificates from doctors, etc.).

Advance and deposit

Often, a contract or an additional agreement to it provides for prepayment. For many citizens, an advance and a deposit are one and the same. Meanwhile, these are completely different concepts.

A deposit is an advance payment, the transfer of which is regulated by Articles 380-381 of the Civil Code. This amount is considered to be security for the fulfillment of obligations under the contract. Essentially, the deposit is proof of the agreement.

The legislation establishes a special procedure for the return of this amount. If the customer at will refused the service, the deposit will not be returned. If the guilt of the performer is proven, then he is obliged to return the amount in double amount.

As for the advance, it acts as a regular prepayment for services that will be provided in the future. Typically this amount is used to cover the supplier's expenses. The advance payment is returned even if the client himself refuses the service.

The fact of return is documented in writing. It could even be a simple receipt. If the parties negotiate the payment of a deposit, then it is necessary to draw up an additional agreement. It sets out the conditions and procedure for return, the rules for notification of the occurrence of force majeure.

Conclusion

Lawyers recommend carefully studying the contract for the provision of services before signing. The fact is that currently both bona fide suppliers and scammers operate in the same market. If you have any doubts about the contents of the contract, it is advisable to show it to a qualified lawyer.

Unfortunately, many citizens ignore the need to enter into a written contract, limiting themselves only to an oral agreement. If disputes arise in such cases, it will be extremely difficult to prove your case. The contract is the main confirmation of the emergence of legal relations between the parties. Therefore, it must always be formalized.