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How to do and when is it necessary to return funds to the buyer by bank transfer. Return of funds to the current account

Situations where the purchased products or services turn out to be of poor quality or the seller does not fulfill these promises for the timely delivery of the purchased are very common.

In all cases, the buyer is protected by law and can return his money back if he makes claims in a timely manner and formulates his requirements correctly.

A refund is a standard procedure for non-fulfilled obligations by the supplier. But when returning goods of inadequate quality, it is not always possible to return the funds spent. But in both cases, it is the responsibility of the consumer to collect finances.

The rights of consumers making transactions for the purchase of goods or services are protected by Law No. 2300-1 of February 07, 1992. This document governs the legal relationship between the parties to the sale. Based on it, the buyer can:

Exchange products of good quality within 14 days if they do not fit in color, texture, size or other characteristics. Provided that the products are not included in the special list of non-returnable goods.
Count on free repair or replacement of the purchased product if the product could break down or if defects are found in it.
Get back the spent funds in full or in part.

Refunds are most convenient for the client and absolutely not attractive for the seller. And although the store does not have the right to dictate the final conditions, but not all cases allow you to count on getting money back. There is an established procedure for resolving conflict situations, which may imply that the return of funds is the only or one of the possible measures to resolve the issue.

Service not rendered

Consumers choose a service provider often based on advertising, price, and other categories. Since the number of firms is constantly growing, it is quite difficult for a buyer to navigate this market, so the risks of choosing an unscrupulous service provider are quite high.

When agreeing on the supply of a service, the buyer in most cases makes a full or partial prepayment. And when the organization does not realize the task, the person has the legal right to get his money back. Two documents can guarantee such a return:

Consumer Protection Act, which provides for this possibility.
The contract signed by the parties at the conclusion of the transaction.

The Service Agreement is the primary document for the buyer. This is what you should be referring to when filing a claim. First, it must contain specific delivery dates. If there are none, then it will be extremely difficult to prove the delay in the implementation of the agreement. Secondly, it is advisable to inquire about the guarantees given by the seller before signing. If the document refers to the timing of the return for late delivery or even the calculation of a penalty, then it is very likely that unpleasant incidents can be avoided. The supplier can also prove that he could not sell the service due to the absence or illness of the buyer himself.

If the fact of failure to provide the service on time is proved, the supplier is obliged to return the previously paid amount in full, and sometimes pay other material and moral damages.

Defective goods

Purchasing defective goods allows the buyer to return them to the seller. Article 18 of the POZPP stipulates that a consumer who finds defects in a purchased product has several options for solving this problem:

Replace the product with a similar one.
Exchange the defective purchase for another product of the same or higher price, paying the difference.
Request a cost reduction.
Submit your product for free repair.
Present a receipt for payment for self-made repairs and demand compensation.

Also, a person has the right to ask for a full refund of the amount paid for the goods. Please note that claims must be submitted within the specified time frame. Typically, these periods are determined by the duration of the warranty. If there is none, then claims are possible within two years, which are determined by the Law on the RFP.

Filing a claim

In rare cases conflict situations between the buyer and the seller are resolved quickly and painlessly. Often, stores are in no hurry to return the money, but offer other ways to resolve the conflict, for example, repair or replacement. But we should not forget that the choice of the settlement option remains with the consumer, and the second party has no right to influence it.

Properly built tactics will help defend your claims, which begins with filing a claim. Some stores go to meet their customers and not only tell them the right way to behave, but also provide forms to write it down. But in most cases, the preparation of the application falls entirely on the injured party. The applicant must not only correctly write the claim, but also correctly hand it over in order to be able to prove the fact of filing.

Form and content

Submit a return request Money, at first glance, it is not difficult. But still, you should take into account a lot of small nuances that can play a decisive role in obtaining the final result.

The text of the application is drawn up according to the following rules:

Data about the store-seller of goods or service provider.
Information about the applicant. Full name, address, phone numbers required. You can enter your passport information.
The date the product was purchased. If you have a check, make a link to it. You can also enter the name of the seller.
Details of the defect detection - how it manifests itself, when it was fixed.
Reference to article 18 of the LOA as the basis for reimbursement.
Requests for a refund with an indication of the exact amount.
A list of attached documents proving the fact of purchase, and possibly the presence of detected defects.
Applicant's signature.
The date the claim was filed.

Claim form not set legislative acts, which allows you not to adhere to strict rules when compiling it. There are no special templates and unified forms for it. It is better to use an example to make an application. A sample document can be viewed below.

Application procedure

There are two possible ways filing a complaint with the shop:

By submitting an application in person.
By mailing the form.

Each of the points has its pros and cons. When a marriage is found, it is logical and easier to come to the store on your own. To do this, be sure to bring the product itself and an identity card. A claim for this form of transfer is made in two identical copies. One sheet is transferred to the seller, and the second remains with the buyer. But on his copy, a person must receive a signature from a store representative that the form has been accepted for consideration. Together with the signature, the seller is obliged to put down the date, which will be the starting point for the final verdict. This is a good way for everyone if the store does not refuse to accept the application.

Upon receipt of a categorical refusal to take a claim from the hands of the applicant, the person must send it by mail. With such a transfer, only one form is sent, since the receipt for the registration of a registered letter is proof of the appeal.

Form of payment

Acceptance of a claim implies a positive resolution of the requirements set by the buyer. A refusal to satisfy the application can only be given if the examination has shown that the indicated defects are not factory defects, but were acquired as a result of improper operation of the product.

After the fact of the return of funds is agreed, the seller is obliged to transfer them to the buyer within the established time limits. The form of the reverse calculation depends on how the payment was made. In most cases, amounts are returned the same way they were received. If we are talking about cashless payments, then the money is transferred to a bank card. And in the case of cash payment, they are transferred to the hands of the applicant on the specified day.

In cash

Cashless payments are promoted everywhere, appealing to the ease of use of the card and other opportunities that it opens up for the holder. But when it comes to claim disputes on the return of funds, cash payments turn out to be more convenient and profitable for both the consumer and the store. The only drawback with such a payment is the expectation of collecting the required amount of funds. This problem can be encountered in small shops that do not have a large enough turnover.

To return the cash, the buyer must contact the store with a claim. The seller decides on the return of payment and sets the date of return, focusing on the RFP Law.

To a bank card

Returning money through a bank to a plastic card is a slightly more confused procedure. However, for the buyer, little has changed. But a significant drawback of this type of calculation is the time period for the receipt of funds at the personal disposal.

With non-cash crediting of the money spent, the reimbursement procedure goes through several stages. Funds are returned not from the cash desk, but from the account of a legal entity to a bank account of an individual. The procedure is carried out under an acquiring agreement, which is concluded between a banking organization and a trading company. Although the amounts are debited from the merchant's account in a timely manner, they can be credited to the recipient's account within 30 days. These terms are stipulated by law. It is impossible to make a reverse payment in cash, as this is considered a cash withdrawal and threatens legal entities with serious consequences.

Return period

In accordance with the Law on the Protection of Consumer Rights, the buyer must return the funds paid within 10 days. The beginning of the countdown is determined by the moment when the seller recognizes the claim as justified and undertakes to return the money. If an official response is not given, then the time is calculated from the end of the period allotted for consideration of the application.

The return period is indicated in calendar days, but there are no obstacles to making a payment in shorter time periods. Usually, if the legal entity recognizes the right of the client to receive the amount back, the money is issued fairly quickly. If the amount is not returned within the specified period, the consumer may demand a penalty in the form of a penalty for each day of delay, but such issues are resolved only through the courts.

What to do in case of refusal

Often, for one reason or another, the seller refuses to accept a return request or gives a negative answer upon consideration of it. In both cases, the consumer can apply to a third party to review the situation again.

Arbitrators in disputes of this type may be:

Rospotrebnadzor.

Where to go first, the person decides. There are no obstacles to opening court proceedings without a preliminary resolution of issues in Rospotrebnadzor.

Complaint to Rospotrebnadzor

It is more convenient and easier to apply to Rospotrebnadzor for an independent verdict than to go to court.

Often the problem is already solved at this stage, which avoids the hustle and bustle associated with the filing and consideration of lawsuits.

A pre-trial claim can be submitted in several ways:

Personally, by contacting the territorial office of Rospotrebnadzor.
By sending a written request by mail.
By filling out an application on the Internet on the official website.

The method of handling complaints is the same for all types of filing. After receiving the application, Rospotrebnadzor has 30 days to respond. It is always given in writing and is the official position of the organization.

Going to court

Going to court is the most effective measure for defending one's consumer rights, but it is also the most time-consuming. To initiate a court hearing, the injured party must draw up and file a statement of claim. In this case, the applicant is obliged to prove the fact of pre-trial settlement of the dispute. It is an officially filed claim to the store. If there is no evidence of its submission, then it will not work to go to court.

In the claim, the applicant substantiates the reason why he had to complain, confirming it with documents. The presence of an independent examination, proving the fact of a manufacturing defect, will be a huge plus. In addition, you should attach receipts of purchase or otherwise prove that it was made in this place at the specified time. The claim is material in nature, so you should specify exactly how much money is required from the defendant, breaking down the amount into the original price and penalties.

Satisfaction of the plaintiff's claims depends on the facts presented by him and the availability of evidence.

Sample Documents

Claim form for refund of defective goods

What documents do I need to provide for a refund?

The standard list of documents required for this operation includes:

application for a refund;
identity document;
purchase item;
warranty card, if the reason for the delivery of the goods is its inadequate quality;
proof of payment (cheque).

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It should be noted that the return of goods in the absence of defects in it is possible only on the condition that the buyer has not damaged the packaging and has not removed the labels or seals. The exception is situations where inspection of the goods is not possible without opening the package.

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

The procedure for returning funds to the card

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

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

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

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

Documents to be issued upon return

To make a return, you need to issue a number of documents. Among them:

application for the return of funds transferred by bank transfer. The application is made by the buyer on the form issued by the seller, or according to the proposed form;
act 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;
a payment order to the bank on whose account the funds are located;
buyer's claim if the purchase does not meet quality standards;
an act of non-conformity of the quality of the goods, drawn up by the seller.

How to reflect the return of goods in accounting?

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

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

Terms of return of funds to the buyer by bank transfer

The money paid for the goods using a non-cash payment must be returned within 10 days from the date of execution of this operation. If the cause of 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 store bears the cost of transferring funds to the buyer.

In the event that the seller has not fulfilled its obligation to transfer funds, a civil claim may be brought against it. If there is a court decision on such a claim in favor of the buyer, a penalty of 1% will be charged from the store for each day of delay.

When hiring a new employee, you must draw up an order. and instructions on how to fill it out can be found at the link.

The penalty is also collected when the delay occurred through no fault of the seller. However, in this case, the store is endowed with the right to demand a return claim against the guilty person (for example, a bank).

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

Features of the return of funds by online stores

Interaction with online stores is carried out, as a rule, only in the form of cashless payments. However, the possibility of returning goods with such a purchase is significantly more difficult due to the virtuality of the outlet.

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

the legal address of the store;
terms for filing claims regarding the quality of the goods;
period for the return of the purchase;
the mode of operation of the organization;
the need to maintain the integrity of packaging and labels.

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

Moreover, if the seller did not provide the consumer with information about the period and procedure for returning goods, then such a period is extended 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 request of the consumer. To do this, he just needs to indicate the details of the wallet in the return statement.

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

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

It is only important to comply with the conditions for the return of such a purchase. In case of failure to fulfill the obligation to return funds for the delivered goods, the trade organization may be held administratively and property liable.

How to properly issue a refund to the buyer in 1C, see this video:

Each of us, almost daily, buys food and non-food products. More often than not, when we cross the checkout line, we are satisfied with our purchase. However, there are exceptions to this rule. After all, after making a purchase, the purchased product may turn out to be of poor quality or simply may not suit you according to its characteristics (for example, color, size, style). The laws of Russia clearly provide for the right of each consumer to return his purchase to the seller. However, this provision does not apply in all cases.

In order to make a return, you must clearly understand:

what is the procedure for receiving the paid money;
what kind of requirements the law imposes on returned items;
what are the time limits set by law for such procedures.

deployed step by step instructions our consultants will be happy to provide you with advice on the procedure for processing a return and receiving money, as well as other consultations on consumer protection.

In order to contact our lawyers, you just need to enter your question in a special online form. Our qualified specialists work around the clock, seven days a week, breaks, and most importantly, absolutely free!

Norms federal law"On the Protection of Consumer Rights" establishes that each buyer who has properly executed his purchase has the right, in some cases, to refuse the purchased product. The moment of registration of the purchase and sale transaction is the moment of registration of such a purchase at the checkout and receipt by the buyer of a check. If there is no cash desk in the seller's premises or the seller refuses to give you a check, it is better to immediately refuse to make purchases in this place. Indeed, without a check issued by the cashier, you will not be able to get back the money for your purchase, because in fact you will not be able to prove the very fact of the purchase.

And so, the norms of the aforementioned Law determine following cases, in which each consumer has the right to return the purchased item on the following grounds:

the buyer found that the product did not meet the declared quality indicators. It is important to note that this rule only applies if a person did not know and could not know about the presence of defects. After all, if the consumer was warned about the presence of certain defects and knowingly made such an acquisition, then such a buyer lost the opportunity to refer to the presence of such defects;
the purchased item did not fit you in size, color, shape, etc.;
the seller provided the buyer with false information about the product.

Return dates

The law establishes the general procedure and terms for the return of the purchased item. Namely, the consumer can get back the money for the purchased item within fourteen days after the purchase. It is worth considering that the countdown of the fourteen-day period starts from the day following the day indicated as the day of the purchase in the check issued by the cashier.

The seller may own will increase the above period in your outlet. To reduce this period and change the procedure for making a return, none of the parties to the sale and purchase transaction has the right.

Returned Purchase Requirements

In accordance with the provisions of the Consumer Protection Law, the buyer can return the product if it meets the following characteristics:

has not been used;
is in good shape;
all its properties are preserved;
its seals, labels and packaging have been preserved.

Also, do not forget that the buyer can not return all purchases. The legislation establishes a list of goods that cannot be returned, including medicines, personal hygiene items, as well as cosmetics.

Getting your money

If you have all legal grounds for issuing a return and the product you are returning meets all of the above criteria, then you can safely go to the seller and start documenting the return.

In accordance with applicable laws, rules and procedures for processing such procedures, in order to return the money for their purchase, the buyer is obliged to provide the seller with the goods, the warranty card (if any), a sales receipt or a check issued by the cashier, as well as a document confirming the identity of the buyer (for example, a passport).

If the purchased item was paid for by you using a bank card, then you will need to provide the seller with your bank card. Please note that funds can only be returned to the card from which the payment was made.

In order to receive the money paid, in accordance with the current procedures and rules, you will also need to write an application with a request to return the money for the purchased product. Usually, sellers have blanks of such statements.

The seller, for his part, in order to return funds to the buyer, in accordance with the current procedure, must each time draw up an act on the return of funds to buyers.

Only after completing all the above documents, the seller will be able to issue a refund and give you money either through the cashier or by bank transfer.

Refund terms

If you, making a purchase, paid in cash, then the seller will return the money to you on the day the goods are returned. In this case, the money can only be returned in cash.

If you paid for the purchase by bank transfer, then the money for the returned purchase will be credited to the bank account from which the payment was made.

Usually, such a transfer takes from three to ten calendar days. In this case, it is impossible to receive money either in cash or on a bank card.

If you paid for the purchase with a bank card, then the merchant will return the money to your card. Money to your card will be returned from three to ten banking days.

The procedure for issuing a refund for a purchase does not look so scary if you understand it. But it’s still worth understanding it, because knowing general orders and the rules for the return of funds for the purchase, you will be able to protect your rights and the rights of your family!

A situation that may arise in a number of cases:

Payment for defective goods.
Violation of delivery dates.
Incorrect transfer of money to the current account.
Accidental write-off of funds from the account.

In all of these cases, a refund to the current account is required. At the same time, each of the options requires a separate approach from individual entrepreneurs or companies (primarily from the position of reflection in reporting and payment of taxes).

Refund of funds to the current account for services (goods)

IN entrepreneurial activity the following are possible reasons for returning products :

The object of the transaction is of low quality. The legislation provides for the following articles of the Civil Code of the Russian Federation:

Article 18 - on the consequences of the transfer of poor quality products.
Article 24 - according to settlements with the consumer in case of detection of defects in the goods.

Violation of the terms of the agreement on the volume of products supplied. In such a situation, a refund to a bank account is made taking into account Article 466, concerning the elimination of the consequences of the transfer of poor quality goods.

Failure to fulfill contractual obligations in terms of the timing of the provision of the object of the transaction. Such cases are regulated by two articles of the Civil Code of the Russian Federation (487 and 23.1).

Wrong receipt of funds

The second situation is money is credited to the current account by mistake . This is possible in the following cases:

The payer made a mistake (for example, registered the wrong recipient of funds).
Banking error.

What to do? How is a refund made to a bank account?

Options:

The bank provided information about the erroneous deposit of money. In this case, the counting day is the moment when the owner of the account received the appropriate notification. At the same time, the company must prove that it was impossible to find out about the false crediting from the statement. As in the previous case, a refund is required to the bank account from which the receipt came.

The Bank does not have the right to independently write off the erroneously credited amount. In addition, the company may not return the funds in the following situations:

If the deadline for fulfillment of obligations has not come.
The statute of limitations has expired.

Wrong transfer (write-off)

A credit institution mistakenly writes off money from a client's account. In such a situation, the bank must return of funds to the current account. At the same time, interest must be paid, calculated at the refinancing rate (set by the Central Bank). The situation may develop differently if individual conditions are prescribed in the contract.

The return (write-off) of money from the account without an order from the company does not belong to the category of profit or expenses. Therefore, all financial operations with the bank are carried out through a subaccount (Calculations on claims). Also, in case of erroneous contraction and subsequent return of money to the current account, accounting in the taxation sector is not performed.

Interest charged by a credit institution for an incorrectly performed operation is reflected in the sub-account of other income 91-1. With regard to income tax, the amount received from the bank is included in unrealized income at the time the credit institution recognizes its obligations.

What is the result?

Regardless of the case, the funds must be returned as soon as possible (by the bank or the company). The main thing is to correctly reflect the operations in the financial statements.

In the event that the consumer is not satisfied with his purchase, you can return the purchased item back to the store. To do this, you must present a cash receipt or other document proving payment for the purchase. If the check has not been preserved, it is allowed to provide the testimony of a witness who saw the fact of the acquisition.

In case of refusal of the goods directly on the day of purchase, the client submits a fiscal document, the seller fills out an invoice for the accepted purchase.

But, if the client came to the store on the occasion in question, a few days after the purchase, there will be a slightly different procedure for transferring the money spent by the client.

This will require the following documents:

An application indicating the data of the client's passport and the reason for the refusal to purchase;
fiscal document;
Cash order.

In this case, the money is issued by the cashier at the cash desk of the store according to a debit note, indicating the client's passport data.

The procedure for the return of funds to the buyer

It is the client's right to choose the payment method. Therefore, the form of payment occurs depending on the desire of the buyer and the technical capabilities of the point of sale. Now more and more people pay at retail outlets using credit cards or divide payment into cash and non-cash. In such cases, the seller in the store is faced with the question of how to carry out a refund if the client requires it.

In this case, certain rules apply. If the purchase was paid in cash, the refund is made from the cashier, as well as by bank transfer. In the latter case, the client must apply in writing for the return to be made to the card, and indicate the relevant details.

The money must be returned in a non-cash form if the purchase was originally paid by card.

Return of funds to the buyer by bank transfer

If the buyer paid for the goods with a card, used an Internet wallet, made a transfer or payment from an account, the amount is returned in a similar way.

When making a return, you must provide:

Goods with preserved primary properties and complete packaging;
Warranty card, if any;
Passport or other document confirming the identity of the buyer
Application for a refund of money spent.

The application is drawn up in free form or according to a specific model used in a particular outlet.

Reasons for a refund to the buyer

If the purchase did not suit the citizen in terms of color, size or other physical parameter, you can return the purchased product within 2 weeks. The store is obliged to pick up the product only if the packaging, all seals and labels are intact. Moreover, the seller has the right to offer the client a similar product in order to make an exchange, which is done first. If on the day of circulation of such goods is not available, they usually return the money.

If you have purchased a defective product, it can be returned within the warranty period. If the seller is not able to cancel the defects or replace the product with a quality one of the same brand, he will compensate the cost in 100% of the amount. In case of non-fulfillment of the supply contract drawn up between the two organizations, compensation is also paid if an advance payment was made under the contract.

The term for the return of funds to the buyer when returning the goods

Legislation provides for several terms for the return of funds. The period depends on the reason for the refusal of the purchase and the method of payment.

In case of non-cash payment, the money must be returned within ten days. Cash back within 3 days. And returns for goods of inadequate quality are carried out within a few weeks.

It should be added that if the payment of funds is delayed due to various circumstances, the client has the right to demand payment of a penalty. In this case, it works general rule according to which the refund is 1% of the cost for each overdue day. However, such a claim is made only after the decision of the judicial authority.

Buyer refund request

The law on the protection of rights states that the buyer can exchange, return the purchase if it did not suit him in color, style, size. And here it is necessary to compose. It should be clarified that there is a list of goods that cannot be returned. These are medicines, personal care products, jewelry, plants.

If the purchase is not included in the special list, the seller is obliged to exchange the product or refund its cost if a similar product is not this moment time is not available at the outlet. These options are possible only while maintaining the presentation, consumer characteristics and seals. In this procedure, it is necessary to draw up and sign an appropriate written request.

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