What to do if sold overdue. Expired goods in Pyaterochka: what to do if you find it, is it possible to pick it up for free, refund for delay

What if I find expired products?

1. In this case, you should take a photo of the expired product along with the counter, then contact the hall manager or the sales person in charge of the department and ask them to remove the spoiled product from the store shelves. According to paragraph 5 of Art. 5 of the Law "On Protection of Consumer Rights" store employees must immediately take action and remove the goods. And the buyer can take pictures of the shelves with products as it was before and as it was after.
2. If nobody paid attention to the buyer, he can go to the Buyer's Corner, take the “Book of Complaints, Reviews and Suggestions” and describe the situation. Be sure to leave contact details and describe the fact that you have evidence in the form of a photo. Your complaint must be answered. Otherwise, call the Rospotrebnadzor hotline and leave a complaint.
3. If the store does not have a "Book of complaints, reviews and suggestions" or they refuse to provide it to you, then you should record this conversation with the administration on a dictaphone and contact the police. You can also complain to Rospotrebnadzor and present a photo or audio evidence.

Can I pick up these products for free?

• According to Art. 7.27 of the Code of Administrative Offenses of the Russian Federation if you pick up goods, albeit of dubious quality, worth from 1000 rubles. up to RUB 2500 , you face administrative liability in the form of a fine, or administrative arrest for a period of 15 days.
• Theft of goods worth more than 2,500 rubles. - this is already Art. 158 of the Criminal Code of the Russian Federation and is a criminal liability. And punished with a fine or either forced labor.

As you understand, the law does not allow picking up the goods just like that. This is called theft.

Promotions in Pyaterochka and Perekrestok to combat delays

But in the stores of the retail chains Pyaterochka and Perekrestok there is an action "I am responsible for the quality!"(http://pyaterochka-store.ru/o-kompanii/, https: //www.perekrestok.ru/news/za-kachestvo-otvechaem) according to which a purchased expired product can be exchanged for a similar fresh product, or the money can be returned. As a gift, you can receive one more unit of a similar product.

Where to contact?

Complaint book entry

Go to the Buyer's Corner and take there the "Book of Complaints, Reviews and Suggestions", in it you need to record:

1. Information about who the claim is addressed to (indicate the full name of the store director and his legal name), and from whom the claim is submitted (full name, contact phone number).
2. Information about the product: name, expiration date of the product indicated on the package.
3. Write that you found an expired product on the counter.
4. Requirements for the seller, indicating the number of articles of the Law "On Protection of Consumer Rights".
5. Indicate that you have photo or video evidence of expired goods.
6. The claim should also mention the intention to apply to Rospotrebnadzor or to the court for the protection of their rights if the seller refuses to voluntarily satisfy the claim.
7. Your name, signature and date.

After such a complaint, the sellers undertake to replace the product.

Which authorities can you complain to about delay?

In accordance with, and 4 FZ dated 02.05.2006 No. 59-FZ you can contact the Rospotrebnadzor authorities:

• The complaint is submitted in person. Make two copies so that you can keep one, signed by a specialist, for confirmation, and send the second to the authority.
• By registered mail.
• Through the official website. You can send a letter by e-mail or use the form on the website. In this case, refer to your review in the book of complaints and suggestions.
• Call the hotline 8-800-100-0004.

Be sure to attach your photo and video materials to the complaint about the store, indicating the fact of delay.

Further, the claim is registered and after 10 days you should be given an answer. Also Rospotrebnadzor has the right to leave your appeal unanswered. Such grounds are indicated in Article 11 of the Federal Law of 02.05.2006 N 59-FZ "On the Procedure for Considering Applications of Citizens of the Russian Federation".

Below are some of them:

1. if there is no data on who the complaint was received from (full name, postal address);
2. the text of the complaint contains obscene words, threats to the life and health or property of the official;
3. if the appeal concerns state or other secrets protected by law.

The result of the appeal may be a check, an administrative investigation, or an explanation.

Will there be a check?

Rospotrebnadzor authorities can take samples and samples of products for research, tests and measurements. According to

Unfortunately, expired products on store shelves are not uncommon. It's one thing if you once stumbled upon a stale product in your favorite hypermarket. Keeping track of the thousands of products on the shelves is difficult. But a completely different story with stores, where delays are more the rule than the exception. What if you have an expired product in your shopping cart? The TAM.BY team understood this.

Of course, the sale and storage of expired products is prohibited by law. The manufacturer himself sets the expiration date for his product, but at the same time indicates the conditions for its storage. If they are violated, then the product with the current deadlines may turn out to be of poor quality. Trade objects should control storage conditions and terms of sale.

What to do if you find an expiration date in the store but haven't bought it yet?

First you need to act in a civilized manner. Do not make a scandal, let alone put this product back and quietly leave.

First of all, without letting the goods out of your hands, you need to contact the administration of the store in which the spoiled product was found. This can be a salesperson responsible for a given department, a hall manager, a shift supervisor. In any store, there are thousands of products on the shelves. A third of them are perishable. And the halls are served by living people. Somewhere they may overlook. Therefore, civilized retail outlets accept such criticism with gratitude rather than negatively.

Ask that expired goods be removed with you. You can even take pictures of the shelves before and after. Stores that value their reputation will do everything without any problems.

If you are unlucky with the store: no one has approached you or paid attention to the problem that has arisen, ask for a complaint book. There, describe the situation, indicate your contact details and that you have photographs as evidence. Wait for an official response to your claim.

It happens that they refuse to give a complaint book. In this case, we call the police, explain the situation. You can also always contact the local authority that controls shopping facilities and present all available evidence with the claim.

Fortunately, such situations are becoming less and less. But you still need to know how to behave in them.

What if an expired expiration date is found after purchase?

And in this case, do not get excited. In most cases, everything can be resolved peacefully.

We return to the store with the receipt. If it is not there, then it will be problematic to prove your case. According to the law, money for low-quality goods is returned in full.

Of course, the product may be of poor quality, not only through the fault of the store. If the manufacturer, for any reason, violated the technology, then the product may deteriorate ahead of time, even with the correct storage conditions. But these are still particulars. And the first thing you should always contact the store.

Let's pay attention to the check again. It must always be demanded. For example, milk is purchased in large quantities and delivered to different retail outlets. And it will be almost impossible to prove without a receipt that your package was purchased in this particular store.

You can always leave a record in the complaint book. We have already said that it is worth writing your contacts. The case will be considered without this, but there will be nowhere to report the results.

If the store is not going to resolve the situation peacefully, contact the local authority that controls the shopping facilities. The appeal must be in writing with supporting documents attached to it.

The sale of expired goods is a serious violation of the law. But the majority of retail outlets value their reputation and resolve such situations quickly and in favor of the consumer.

Not such incidents can happen in stores. About who pays for the goods broken in the trading floor, we already have a text that will tell you how to return the goods under warranty.

Study the law

First of all, don't be afraid to return the item to the store. In this case, the consumer protection law is on your side. According to the law, the consumer has the right, in the event of defects in a product, to demand replacement of the product of the same brand or a refund. It happens that the goods are not expired, but spoiled, and this is also a reason for returning or exchanging it, if, for example, it was stored incorrectly before the sale.

Knowledge of consumer rights will allow you not to scandalize, but to confidently argue your position.

Return the item to the store

First of all, you need to bring the expired product to the store. If the buyer has a receipt, then there should be no problems, especially if the store values ​​its reputation. If the receipt has not been preserved, then it will be more difficult to return the product to the store, but this option is also provided for by law.

“Even without a receipt, you can prove the fact of purchase and sale - you can refer to the presence of a video surveillance camera recording, if any, and the fact of your purchase must be recorded there. Most likely, sellers will not agree to this. This is a more difficult step, but it remains as a backup if you lost the check or did not receive it, ”says Margarita Gorsheneva, Development Director of QB Finance.

According to Article 25 of the Law "On Protection of Consumer Rights", the consumer's absence of a sales receipt, cashier's receipt or other document confirming payment for the goods does not deprive him of the opportunity to refer to testimony. So, if you didn't go to the store alone, it can help the case.

Contact Rospotrebnadzor

If the store fundamentally refuses to replace the product or return the money, it is imperative to leave a record of the incident in the book of complaints and suggestions, and then contact Rospotrebnadzor or an organization for the protection of consumer rights, the expert recommends.

The telephones of these institutions, as a rule, are placed in shops at information stands. You can also write a letter to Rospotrebnadzor with a complaint about the store on the official website of the supervisory authority. By the way, it is worth photographing the damaged goods and attaching these photos to the letter.

In addition, the Rospotrebnadzor "hotline" will tell you what to do in a specific situation, for example, if the consumer is not satisfied with the quality of the purchased product or the service provided. The hotline telephone: 8-800-100-0004 works every weekday from 10.00 to 17.00 (break from 12.00 to 12.45). The call is free from any locality in Russia.

How to properly file a claim

Complaints about the quality of the purchased product, which has expired, can be submitted to the store in writing. According to the Society for the Protection of Consumer Rights of the Moscow Region, the main thing is that it is clear from the text of the claim: who, from whom, why and what is required.

A claim (in the title we write the word "claim" or "statement") must consist of six mandatory parts:

Information about who the claim is addressed to (indicate the full name of the store director and his legal name), and from whom the claim is submitted (full name, contact phone number, mailing address for responding to the claim);

Information about the product: what product was purchased (name), its cost, date of purchase (usually indicated in the cash register or sales receipt, which it is desirable to attach to the claim), the expiration date of the product indicated on the package;

The essence of claims to the goods: in any form, state your claims to the goods (the expiration date has expired or the product is damaged and unusable);

Specific requirements for the seller: for example, to replace a defective product or return the amount paid for the product, and the requirements must be justified by law (it is advisable to indicate the numbers of articles of the Law "On Protection of Consumer Rights"); if you demand to reimburse losses, documents confirming the amount of the damage caused must be attached to the claim (a check, and if you have poisoned yourself with an expired product - a doctor's note and a check for medicines);

Indicate what documents are attached to the claim (copy of a sales receipt or cashier's receipt, etc.).

In the claim, you can also mention the intention to appeal to Rospotrebnadzor or to the court for the protection of their rights, if the seller refuses to voluntarily satisfy the claim.

Full name, signature of the applicant and date.

The claim must be prepared in duplicate. The claim can be submitted in person upon arrival at the store. One copy must be handed over to the seller, administrator or other authorized person (the head of the legal entity is not obliged to accept the claim personally). On the second copy, it is necessary to receive a mark on the acceptance of the claim: the signature of the person who accepted the claim, its transcript (surname, name, patronymic, position), date of acceptance, seal or stamp of a legal entity (or individual entrepreneur). The presence of a seal (stamp) on the claim is optional - the courts, in most cases, consider it proven that the claim was delivered without it.

The claim can be sent by mail, and it is obligatory by registered mail with acknowledgment of receipt and with an inventory of attachments (make an entry in the inventory - a claim with such and such requirements). The documents received from the mail (check, list of attachments, notification of delivery) must be saved - they will be proof that the addressee has received your claim.

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Returned from the store and found you bought an expired product? Sobesednik.ru knows what to do.

This situation is familiar to almost everyone. Of course, be sure to check the expiration date before buying. But often we go to the store in a hurry or tired after work. Alas, attention is scattered in this case. It also happens that they looked at the date on one jar or package, but took several pieces, no longer checking them. And one turned out to be overdue.

Of course, a store has no right either to keep it on the shelves in the sales area, let alone sell expired goods. And yet it happens - after all, products with an expiration date are trying to be put forward so that they can be picked up sooner. And they may simply forget to clean up in time. If you notice such a product on the shelf, it is enough to tell one of the sellers in the sales area to remove it. If you bought this product by accident, then you have every right to return it.

The Consumer Protection Law is on your side. It says: if defects are found in a product, the consumer has the right to demand replacement of the product of the same brand or a refund.

The situation will be resolved quite simply if you have a check (therefore, it is better not to throw checks out immediately). In this case, it is enough to bring the expired product to the store and a receipt for it, and you will be obliged to exchange the product or return the money. If reputation is important to the store, then problems in this case should not arise at all.

But if you have already thrown out the check, then it will be more difficult to return the money, although it is possible. The check is only needed to confirm that you actually made a purchase in this store on a given day. But it is possible to find other evidence as well.

According to Article 25 of the Law "On Protection of Consumer Rights", the consumer's absence of a sales receipt, cashier's receipt or other document confirming payment for the goods does not deprive him of the opportunity to refer to testimony. So if you went to the store with someone - this can help prove you are right. In addition, the fact of purchase must be recorded by surveillance cameras - and you can demand to check it. True, most likely the sellers will not agree to this and will either exchange the goods for you without proof, or fundamentally refuse to do it.

Usually, stores still replace expired products, since it is completely unprofitable for them to publicize the fact of the sale of expired goods. But if you are flatly refused to return the money or change the product, you can take the following steps:

Leave a record of the incident in the Complaints and Suggestions Book.

Write in writing and submit to the store a complaint about the quality of the product that has expired. The claim is made in any form, but it should be clear from its content who requires replacement, what kind of goods and for what reason.

Rules for drawing up a claim:

Title (claim or statement);

Information about who the claim is addressed to (indicate the legal name of the store and the full name of its director) and from whom the claim is submitted (full name, contact phone number, mailing address);

Information about the product: name of the product, its value, date of purchase, expiration date of the product indicated on the package;

The essence of claims to the goods (in any form);

Requirements for the seller, indicating the numbers of articles of the Law "On Protection of Consumer Rights", confirming the legality of your claims;

If you demand compensation for losses (for example, for treatment for poisoning), documents confirming the amount of the caused losses must be attached to the claim;

List of documents attached to the claim (copy of sales receipt or cashier's receipt, etc.).

Full name, signature of the applicant and date.

The claim must be prepared in two copies, one of which is handed to the seller, administrator or other authorized person. On the second copy, you must put a mark on the acceptance of the claim: the signature of the person who accepted the claim, its decoding, date of acceptance, seal or stamp of the legal entity (or individual entrepreneur).

You can use the Rospotrebnadzor hotline, they will tell you what to do in a specific situation. The hotline telephone: 8-800-100-0004 works every weekday from 10.00 to 17.00. The call is free from any locality in Russia.

You can write a letter to Rospotrebnadzor with a complaint about the store on the official website of the supervisory authority. It is better if you take a photo of the expired product and attach the photo to the letter. If your camera can set the date, use this.

The sale of goods after the expiration of the established expiration date is prohibited. About
this is clearly stated in paragraph 5 of Article 5 of the Law of the Russian Federation "On the Protection of Rights
consumers ". Consequently, they must be removed from commercial circulation. V
in accordance with clause 2 of article 3 of the Law of the Russian Federation of 01/02/2000. N 29-ФЗ "On the quality and safety of food" food products, materials and products, the expiration date of which has expired, are recognized as low-quality and dangerous and cannot be sold.

By virtue of paragraphs. 1, 2 Article 503 of the Civil Code of the Russian Federation, the buyer to whom the goods of inadequate quality were sold, if its defects were not agreed by the seller, at his choice has the right to demand:

replacement of a poor-quality product with a product of proper quality;

a commensurate reduction in the purchase price;

immediate gratuitous elimination of defects in the goods;

reimbursement of expenses for the elimination of defects in the goods.

In the case of detection of defects in the goods, the properties of which do not allow them to be eliminated (food products, household chemicals, etc.),
the buyer, at his option, has the right to demand the replacement of such goods
goods of proper quality or a commensurate reduction in the purchase price.

Based on paragraphs. 4, 5 Article 5 of the Law "On Protection of Consumer Rights" from DD.MM.YYYY No. (as amended by DD.MM.YYYY g.) For food, perfumery and cosmetic products, medicines, household chemicals and other similar goods (work), the manufacturer (executor) is obliged to establish an expiration date - the period after which the goods (work) is considered unsuitable for intended use.

Sale
goods (performance of work) after the expiration of the established expiration date, and
also the goods (performance of work) for which a period should be set
validity, but it is not installed, is prohibited.

By virtue of paragraph 1 of Article 13 of this Law, for violation of consumer rights, the manufacturer (performer, seller, authorized organization or authorized individual entrepreneur, importer) is liable under the law or contract.

In accordance with Article 15 of the same Law, moral damage caused
to the consumer as a result of a violation by the manufacturer (performer, seller,
authorized organization or authorized individual
entrepreneur, importer) consumer rights stipulated by laws and
legal acts of the Russian Federation regulating relations in the field
protection of consumer rights, is subject to compensation by the inflictor of harm when
the presence of his fault. The amount of compensation for non-pecuniary damage is determined by the court and
does not depend on the amount of compensation for property damage.

Compensation for moral damage is carried out regardless of compensation for property damage and losses incurred by the consumer.

According to article 1099 of the Civil Code of the Russian Federation, the grounds and amount of compensation for moral damage to a citizen are determined by the rules provided for by this chapter and article 151 of this Code.

Moral harm caused by actions (inaction) that violate the property rights of a citizen is subject to compensation in cases provided for by law.

According to Article 151 of the Civil Code of the Russian Federation, if a citizen is inflicted moral harm (physical or mental suffering) by actions that violate his personal non-property rights or encroach on intangible goods belonging to the citizen, as well as in other cases provided for by law, the court may impose on the violator the obligation of monetary compensation the specified harm.