It is not always possible to choose a suitable and quality Christmas present, so after the holidays some Lithuanians rush to the shops to return the goods they did not like. The lawyers reminded what you need to know before preparing to return the product and what gifts you should keep for yourself, because the mall cannot accept them back.
Not suitable for all types gifts
The State Service for the Protection of Consumer Rights (VVTAT) regularly receives complaints and inquiries from consumers regarding the return of goods, but after large sales and holidays, the number of complaints and inquiries increases significantly.
VVTAT representatives reported this to the lrytas.lt portal residents most often they come with questions about returning quality goods purchased both in physical stores and online. There are also requests about returning gift cards.
There are also some complaints about late delivery or non-delivery goodswhen it was purchased online.
Below are the gifts that often don’t please the residents: Do you live (pajamas), toys, rings and other jewellery, cosmetic products (perfumes), handbags, electric garlands, irons, computers and hard drives.
About gifts purchased in physical stores
If received tradition the consumer does not like or does not fit and was purchased in a physical store, it should first be checked whether it is not included in the list of non-returnable goods stipulated by the rules of the retail trade.
“If the gift that the consumer did not like is of adequate quality and is not included in this list, pursuant to article 6.362 of the civil code, he has the right within 14 days of the purchase of non-food goods, if the seller has not established longer term, to replace the purchased items with similar items of different size at the point of purchase or other place indicated by the seller, shape, color, pattern or completeness of the items, or return the items to the seller and recover the price paid.
It is important to note that your request for an exchange or return of an item is satisfied if the item has not been used, is undamaged, its usable properties have been preserved, and the item has not lost its marketable appearance.” , the representatives of VVTAT recalled.
Ignas Motiejūnas, associate lawyer of the professional association of lawyers “Cobalt”, stressed that the 14-day return period applied in physical stores starts counting the day after the purchase.
“In other words, if you bought a gift on Monday, the period during which you can return the product will be counted from Tuesday. It should be emphasized that the goods can only be returned to the same store where they were purchased. The exception is valid only if the seller has established a different procedure,” he said in the report.
Information about gifts purchased in the online store
Residents whose gifts were purchased online are also eligible for returns. The Civil Code establishes the user’s right to withdraw from a distance contract within 14 days without indicating the reason and without incurring other costs. According to I. Motiejūnas, this return period begins to run from the day following the actual receipt of the goods.
“It is also worth knowing that the product can also be sent back to the seller after 14 days. This deadline is only a requirement for informing the seller of the termination of the contract. The goods themselves can be sent within 14 days of the cancellation notification.
By the way, if the online store does not provide information about the possibility of withdrawing from the contract and returning the goods, the user can withdraw from the distance contract within 12 months. from receipt of the goods. However, if the seller corrects the deadline during these 12 months and sends a notice of the possibility of withdrawing from the contract, the 14-day period is counted from the day of sending such a notice,” the lawyer said.
However, the representatives of VVTAT stressed that the right of withdrawal is not absolute, therefore, before buying a product at a distance, it is advisable to pay attention to the exceptions provided, to which the right of withdrawal from a distance contract does not apply, for example, to goods made on the user’s personal choice or indication, perishable goods, goods not packed after delivery, which do not lend themselves to being returned for reasons of health protection or hygiene and others.
Furthermore, the returned product must be intact, unused, the appearance of the product must not be damaged, the protective films and labels must not be torn.
“It is important to remember that to return a gift it is mandatory to send a purchase document confirming that the item was purchased from a specific seller,” reads the VVTAT response sent to the lrytas.lt portal.
Refund According to I. Motiejūnas, the seller must transfer the money for the returned item in the physical store no later than 14 days, and for the remotely purchased item – within 14 days from the day of its receipt or presentation of proof of shipping the item.
„Money must be returned in the same way it was paid for. If payment was made by card, it will also be refunded funds. It’s true that you can negotiate with the seller in another way,” she said.
Non-returnable items purchased from physical stores:
tobacco and related products; perfumery, cosmetic and toilet preparations; photographic and cinematographic assets; printed books, reproductions and other polygraphic works; fabrics; carpet floor coverings, except carpets and rugs; knitted and crocheted underwear, including nightgowns, pajamas and the like; children’s clothes; pantyhose, stockings, stockings and other similar items; bras, girdles, corsets and the like; pearls, precious stones, precious metals and articles thereof, except artificial costume jewellery
Also machines and mechanical devices; electrical machines and installations, sound recorders and reproducers and television video and sound recorders and reproducers; land vehicles; ships, boats and floating equipment; optical, photographic, cinematographic, measuring, checking, medical or surgical instruments and apparatus; watches; musical instruments; Weapons and ammunition; furniture, bedding, lamps; toys, games, except sports and fishing equipment; works of art, collectibles and antiques.
Non-returnable goods from online stores:
Merci that the price depends on the fluctuations of the financial market; goods manufactured according to the user’s special instructions; perishable and short-lived goods; packaged goods that have been unpacked after delivery and are not suitable for return for health protection or hygiene reasons (e.g. underwear); goods which, by their nature, are inseparably mixed with other items after delivery (for example, fertilisers).
Also alcoholic beverages, the price of which is determined upon conclusion of the sales contract and which are delivered thirty days after the conclusion of the contract, and the actual value of the drinks depends on market fluctuations; packaged video or audio or packaged software that was unpacked after delivery; newspapers, periodicals or magazines except to contract to subscribe to these publications; the goods were purchased at a public auction.
32 830
Requests for goods to be returned are increasing year on year. During 2022 Q3, VVTAT has already received 32,830 user inquiries.
