Jewelry is considered a luxury item and is quite expensive. Therefore, before making a purchase of a product made of precious metal, the buyer takes the process of choosing and inspecting the item he likes quite seriously. What should be done if the consumer has already realized at home that he does not like the purchase, and he does not experience the joy of purchasing the product?
If you remember that a significant amount was spent on the purchase of jewelry, the question arises whether jewelry can be exchanged? To deal with this issue, you should know and clearly understand your rights and obligations in the process of buying and selling goods, as well as the provisions of regulatory legal acts that regulate the relationship that arises between the seller and the buyer in the process of returning, replacing and exchanging goods related to certain categories.
Types of jewelry
In the conventional sense, jewelry is fine workmanship made from precious metal alloys(such as platinum, gold and others), often using precious and semi-precious minerals (diamonds, pearls, emeralds, etc.). The most common jewelry items are:
- jewelry (necklace, cufflinks, earrings, pendants, bracelets, tiaras, rings, chains, brooches);
- watches and accessories (bracelets, chains);
- cutlery, table accessories (dishes, napkin clips, candlesticks, cutlery);
- goods for interior decoration (souvenir figurines, wall and table clocks, boxes, vases, ashtrays);
- personal items (combs, mirrors, shaving accessories, powder boxes, boxes, cigarette cases, snuffboxes);
- souvenirs (daggers, sabers, key chains).
These items are classified as jewelry if they are made from precious metal alloys. Accordingly, the exchange of these products, replacement and return will be carried out as with the exchange of jewelry.
Reason for exchange
Already after purchasing the product, the consumer may wish to return it to the seller back or replace it with something else. The reasons why consumers want to exchange jewelry are both objective and subjective.
Subjective reasons include the following:
- The buyer did not fit the size of the purchase (for example, rings), its configuration or color. Often this can happen if the piece of jewelry was purchased as a gift.
- The buyer understood thatrecklessly spent too much money on a purchase and decided to return it.
Objective reasons for exchanging jewelry include:
- Defects of the purchased product (chips, concavities, scratches, lack of stones in the inlay, etc.), which the consumer discovered after carefully examining the purchase in good light.
- Marriage that affects the usability of the product (for example, the earring is constantly unfastened, the clock is behind time, the snuff box does not close tightly).
At first glance, it seems that if the buyer has objective reasons for exchanging jewelry for new ones, the seller is simply obliged to satisfy the client's requirement. But in order to figure out whether this is really so, it is necessary to resort to the norms of the law.
What regulatory legal acts regulate the procedure for the return, replacement and exchange of goods
In the Russian Federation, the process of selling, buying, replacing, exchanging jewelry is carried out in accordance with the requirements of regulatory legal acts, the names of which are given below.
- Civil Code (the document fully reflects the obligations of buyers, sellers and manufacturers in terms of civil law relations between them).
- Law "On Protection of Consumer Rights" (a regulatory legal act describes both the rights and obligations of citizens (buyers), sellers and manufacturers in order to exercise the legal rights of all participants in the processpurchase and sale.
- Government Decree “On approval of the Rules for the sale of certain types of goods, a list of durable goods that are not subject to the buyer’s requirement to provide him free of charge for the period of repair or replacement of a similar product, and a list of non-food products of good quality that are not subject to return or exchange for a similar product of a different size, shape, size, style, color or configuration. This regulation indicates the names of items that cannot be returned, exchanged and replaced if they are of proper quality. The list is established by this regulation in order to exclude consumer fraud, as well as to protect the he alth of customers and comply with sanitary standards.
Can I exchange jewelry
Buyers of goods made from precious metals and stones should remember that the return and exchange of jewelry is not legally possible. This is due to the fact that the specified group of products is included in the list of goods that cannot be returned or exchanged (if they do not contain a manufacturing defect and they are of high quality). That is, if the purchased product is of high quality and is not defective, then it cannot be returned to the seller or exchanged for another. However, this rule of law does not apply to goods that have any defects. That is, if the purchased piece of jewelry has a defect, and at the same time, the appearance of a defect is notdue to the actions of the consumer (is the fault of the manufacturer of the goods), it can be returned to the seller or replaced with a similar one.
In order to correctly answer the question in which cases jewelry is subject to exchange, it is necessary to understand what the word "exchange" means in this context, and how it is consistent with the norms of the legislation in force in the territory of the Russian Federation.
The difference between the exchange and replacement of goods
Under the exchange of goods generally means a situation where the consumer has some subjective reason (described above). For example, a gold ring with a diamond did not fit the buyer in size, and he decided to exchange it for the same one. Or the purchased cufflinks with emeralds did not fit the suit, and the client wants to return them within two weeks, as the product did not fit the model and color. In such cases, it is impossible to legally exchange jewelry. As mentioned earlier, items made of precious metals and stones are included in the list of goods that cannot be exchanged if they are of the proper quality. Therefore, before making a purchase, you need to make sure that the product fully meets your expectations and fits its parameters.
The situation with the replacement is different. Replacement of jewelry and other products made of precious metals and stones implies a situation where the product has any defect or defect. At the same time, it is factory-made, that is, when buying, the consumer did not notice that there was something wrong with the jewelry, butAs time went by, flaws were discovered. In this case, it is possible to replace jewelry, not an exchange.
How to make a replacement
How the replacement of goods is carried out, and what responsibility the buyer, seller and manufacturer of the goods have in this case, is regulated by Article 18 of the Law "On Protection of Consumer Rights". Part 1 of this article establishes the rights of citizens when replacing goods of inadequate quality.
The consumer, in case of detection of defects in the goods, if they were not specified by the seller, has the right to choose:
- demand a replacement for a product of the same brand (same model and (or) article);
- demand a replacement for the same product of a different brand (model, article) with a corresponding recalculation of the purchase price;
- demand a commensurate reduction in the purchase price;
- demand immediate gratuitous elimination of product defects or reimbursement of costs 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.
In this case, the consumer also has the right to demand full compensation for losses caused to him as a result of the sale of goods of inadequate quality. Losses are reimbursed within the time limits established by this Law to meet the relevant requirements of the consumer.
Buyer's intention to replace jewelryproducts are called "requirements". The consumer can present it not only to the seller, as an entity authorized by the manufacturer, but also to expose them to the address of the manufacturer of the goods or the importer. And the consumer decides what type of claim and to whom to present it.
It should be emphasized that the absence of a sales and (or) cash receipt from the buyer does not affect the possibility of replacing the goods. If the specified document is available, this is great, but if for some reason it was not found, then it's okay, the product of inadequate quality can still be replaced or returned.
Terms for the replacement of defective and low-quality jewelry
As mentioned above, goods made of precious stones and metals are not exchangeable, that is, they cannot be returned to the seller within a two-week period from the date of purchase and sale. The situation is different with the replacement of jewelry, the quality of which turned out to be unsatisfactory. Such products can be replaced within the period indicated on the certificate or warranty card.
If the purchased jewelry was not under warranty, it can be replaced or returned within two years (provided that the product was defective). Thus, all consumer rights established by law and by-laws are fully respected.
What to do if the seller refused to replace the goods
There are times when the sellerjewelry refuses to replace a defective product. Then proceed as follows:
- contact the jewelry manufacturer for the relevant request for a replacement or return of the jewelry;
- submit an appeal to the consumer protection society and fully exercise your rights, which are regulated by the relevant legislation.
When replacing a piece of jewelry, it must be remembered that in most cases, an examination will be required to prove that a marriage or defect is factory and did not occur through the fault of the consumer. If it is proved that the defect is a manufacturing defect, the cost of the examination will be paid by the seller or manufacturer.
Things to do before buying a piece of jewelry so you don't have to return or exchange it
Item should be closely inspected in good light. Often, jewelry stores have special lighting fixtures that will allow the buyer to carefully evaluate the quality of the product.
Before you make a purchase of earrings or a bracelet, you should carefully check not only their appearance, but also the serviceability of the clasps. For example, an English clasp on earrings should close with a slight click.
In addition, you should familiarize yourself with the passport of the jewelry, pay attention to its weight, metal sample, diameter and (or) length of the product, name of the manufacturer. Also, don't forget that ifjewelry contains a precious stone, then it must have an appropriate certificate.
But even if later it turns out that the purchase turned out to be of high quality, but it is not suitable for the buyer for aesthetic reasons, there is always the option of handing over a piece of gold in exchange for jewelry that you like more. Almost all jewelry stores accept jewelry in exchange for new items, and you will have to pay an additional cost for the work of a jeweler, a jewelry factory, or choose a piece of less weight and value.
