Change of mind refund: Can I Refuse to Give a Change of Mind Refund?

Содержание

Refunds and returns – your rights – shopping

Have you ever bought something that didn’t quite work as expected, but when you’ve returned the item to the store you’re about as popular as an expired warranty?

If you’ve changed your mind about an item, you might find yourself stuck with it. But there are other reasons why you could be entitled to return something. Arm yourself with a little knowledge of the ACL and you’ll have a strong leg (or two) to stand on next time you find yourself at that returns counter.

Refunds and returns – your rights

The Australian Consumer Law (ACL) provides a range of consumer protections. For retailers or salespeople, being ignorant of the law is no excuse – and there is plenty of ignorance out there.

A 2013 CHOICE shadow shop uncovered widespread ACL violations, and the ACCC has been penalising retailers that don’t play by the rules – as several Harvey Norman franchisees discovered in late 2013.

Here’s an overview of your rights as a consumer.
  • Signs that say things like “no refunds”, “no refunds on sale items”, or “exchange or credit note only for return of sale items” are illegal.
  • You can return something if it doesn’t do what you’d reasonably expect it to or it isn’t of acceptable quality. However, stores don’t have to take it back if you change your mind or if you find a better deal somewhere else.
  • If a product is not of acceptable quality, the retailer can’t charge you for fixing it.
  • Retailers can’t just fob you off to the manufacturer – they’re obliged to resolve your issue.
  • If the problem is “major”, you can ask for a refund or a replacement rather than a repair.
  • You should be told if a replacement is second-hand or if they’ve used refurbished parts to repair it.
  • Repairs must be made within a reasonable time. Mobile phones and fridges, for instance, must be given high priority, or you can demand a replacement.
  • You don’t have to return a product in its original packaging.
  • If you’ve lost your receipt you can use the following as proof of purchase:
    • a credit card statement that itemises the goods
    • a confirmation or receipt number from a phone or internet transaction
    • a warranty card showing the date, price and place of purchase
    • the serial or production number if it’s stored on the retailer’s computer.

Major vs minor faults

Product problems fall into one of two categories – major or minor faults – each with its own set of rights.

There is a major failure with a product when:

  • you would not have purchased it had you known about the problem
  • it is significantly different from the description, sample or demonstration you were shown
  • it is substantially unfit for its normal purpose
  • it is unsafe.
  • The product has two or more minor failures, and you would not have bought the product if you knew the nature and extent of these failures. (Note: These failures don’t need to relate to the same consumer guarantee.) 

For purchases with major failures you may reject the goods and get a refund or an identical replacement.


Minor failures
include small problems with products that do not fit into the major failure categories, for example, loose threads on clothing.

For items with minor failures the seller may choose to offer you a refund, replacement or repair. This must be provided free of charge and within a reasonable time period. 

If it is a minor failure you cannot immediately reject the goods and demand a refund; you must give the supplier a chance to fix the problem.

However, if the product has two or more minor failures, it can be considered a major failure. 

Warranties, extended warranties and contracts

Regardless of lapsed warranties, ACL’s consumer guarantees require a product to be of “acceptable quality” throughout its reasonable life. 

This length of time can be determined by the court, however it may often be longer than the warranty period, especially in the case of an expensive product such as electronics or whitegoods.

An extended warranty may charge you for protection you’re already entitled to under the law. During our 2013 shadow shop of the three biggest electronics retailers in Australia, all 80 salespeople we spoke to tried to sell us an extended warranty.

Courts have the power to cancel unfair contract terms – generally defined as terms that unduly favour one party or the other. This can include unfair exclusions hidden away in terms and conditions fine print.

How to get a refund on almost anything

Shopping online isn’t just convenient – but it gives you more rights, too. If you buy something in a shop you only have the legal right to return it if it’s faulty. But you can send back online purchases if you simply change your mind.

Online sales boomed during lockdown, as we were all stuck at home for months on end. According to budgeting app, Yolt, in 2020, people shopped online at twice the rate of 2019. Funky Pigeon have also found that 84% of people turned to online shopping last Christmas to help makes things easier and safer.

Whether you’re shopping online or in-store, you could find yourself with faulty goods or it could be that you simply change your mind. Either way, you’ll want to know your rights when asking for a refund.

Here’s everything you need to know about getting a refund and what your consumer rights are.

If it’s broken

Under the Consumer Rights Act, you have the right to return something within 30 days and get all of your money back if it’s faulty, not as described, or unfit for purpose. This includes digital downloads and items that you bought at a reduced price (except where something is discounted because of the fault, i.e. a shirt with a missing button).

After 30 days, the retailer can give you a repair or fair replacement, but you’re not entitled to a refund.

Getty

When it’s not faulty

You can only return non-faulty items if the retailer has a returns policy and you need to return the item within its specified time period. Bear in mind that they may have a different policy for sale items than they do full-price items.

Most shops have a goodwill returns policy. This means they’ll offer you an exchange, refund or credit note – just make sure you speak to the right person. Sometimes you’ll need to ask to speak to a manager to get a result!

You can find the retailer’s returns policy on your receipt or online. Companies don’t have to have a returns policy, but if they do have one, they have to follow it. You usually have 28 days to return an item, but this isn’t always the case.

While free returns are mandatory for faulty goods, some online retailers may expect you to cover the cost of sending back unwanted items.

Buying online?

You actually have more consumer protection when buying online. If you buy from an EU-based business (including those selling through eBay) then have the legal right to cancel the order, and then a further 14 days to return the goods for a full refund – even if you simply don’t want them.

Unfortunately, this doesn’t apply to things bought using online auctions, so avoid bidding and ‘buy it now’ options if you think you may need to return it, or cancel your eBay bid.

Buying from a non UK website

According to Thomas Pertaia, legal adviser at DAS Law, if you ordered goods from suppliers outside of the UK and was sent the wrong item or the item was faulty, you have the right to request either a repair or replacement.

‘The seller should cover all the costs of arranging this and, if they refuse, then you may have a claim against them.’

If you pay using a credit card, then you will get some protection (under Section 75) from faulty goods or fraud if the item costs anything between £100 and £30,000. So where possible, always pay with a credit card and just make sure you pay off the balance in full to avoid interest charges.

Returning digital content

Purchased a song, app or a TV show by accident? You are then entitled to a refund as long as you haven’t downloaded or watched /used it; if you have, then you lose your right to the 14-day cooling off period! If content is faulty, you are entitled to a replacement or a refund.

Using PayPal

If you use PayPal to pay for goods online for high street shops, you can get a refund through the retailer or PayPal itself.

However, you may not be able to make a return in person – if you paid using PayPal, you often have to return it by post.

Getty

Complaining about poor service

If you’re not satisfied, the Consumer Rights Act gives you the right to demand a reduction for substandard work. This applies even after you’ve paid.

What you need

  • Proof of purchase
  • The original packaging
  • The original payment card

    Don’t have a receipt? Proof of purchase, such as your bank or credit card statement, is usually enough (although some retailers may not accept this).

    When it doesn’t work

    You have the added weight of Section 75 of the Consumer Credit Act when you pay with your credit card. There’s also Chargeback and Paypal protection if you paid another way.

    If you’re still not getting anywhere, try Resolver. Its site allows you to make complaints to a huge range of companies across many different industries, ranging from travel to hospitality to retail. It’s a free, simple service that makes sure your complaint is handled by the correct authorities.


    If you’d like more great money content, SIGN UP HERE for our fortnightly Financially Fabulous newsletter!

    SIGN UP

    This content is created and maintained by a third party, and imported onto this page to help users provide their email addresses. You may be able to find more information about this and similar content at piano.io

    When you can get a refund | Your rights, crime and the law

    Print

    Refunds aren’t always an automatic right. Businesses don’t have to give you a refund if you:

    • change your mind
    • buy the wrong size
    • buy the wrong colour.

    Some businesses still offer refunds in these situations. This is their choice and not a legal requirement.

    You are always entitled to a refund, repair or replacement if a consumer guarantee is not met. The remedy you’re entitled to will depend on whether the issue is major or minor.

    Refund methods

    Businesses will usually give you a refund in the same way that you originally paid them. This might be cash, cheque, money order or electronic transaction. They won’t give you the refund in cash unless that’s how you paid them.

    Businesses don’t always have cash available, even if you paid cash originally. If this is the case, they must give you the refund in another form. Some businesses might offer replacement items, exchanges or credit notes instead of a refund. You can insist on a refund if a consumer guarantee entitles you to one.

    Refund conditions

    In most cases, a business cannot place fees or conditions on a refund or exchange. This includes restocking fees.

    They can only place fees or conditions on a refund if they:

    • aren’t legally required to give you the refund
      and
    • clearly displayed these terms in writing, either in store or on your receipt.

    Returning the product

    You are generally responsible for returning the product if it can be posted or easily returned. You are entitled to recover reasonable postage or transportation costs from the business if the product is confirmed to have a problem, so keep your receipts.

    When a product is too large, too heavy or too difficult to remove, the business is responsible for paying the shipping costs or collecting the product within a reasonable time of being notified of the problem. Examples include:

    • a widescreen TV
    • a bed
    • an extension ladder stuck in the extended position
    • a product that has been subsequently installed, like a stove or dishwasher.

    You do not have to return products in the original packaging to get a refund.

    If the product is found not to have a problem, you may need to pay the transport and inspection costs. An estimate of these costs should be provided to you before the product is collected, and the costs must not be inflated to discourage you from pursuing your claims.

    No refund signs and expired warranties

    Signs stating ‘No refunds’ or ‘No refunds or exchanges on sale items’ are unlawful because they imply that it’s not possible to get a refund under any circumstances, including for faulty items. In fact, your consumer guarantee rights still apply.

    Businesses don’t have to give you a refund or exchange if you simply change your mind. Always check the store’s returns policy.

    Your rights under the consumer guarantees do not have a specific expiry date and can apply even after any warranties you’ve got from a business have expired.

    Businesses changing owners

    Usually, the new owner of a business doesn’t have to give you a refund unless they made the sale.

    In some cases, the new owner does take responsibility for repairing faulty products. Check with the business for what they will offer. You still have the right to pursue a complaint with the manufacturer if the retailer doesn’t help.

    Spotlight Returns + Exchanges Policy – Shop With Spotlight Today!

     

    All goods purchased from Spotlight come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

    If there is a problem with an item you have purchased from Spotlight you can return it to us. Upon assessment, Spotlight will offer a full refund or replacement if there is major problem with the item.  We may offer of a repair or replacement if the problem is not major.

    You must provide us with your proof of purchase (e.g. your Spotlight receipt, online tax invoice, credit card or bank statements).  Any refund will be provided via the same method of payment as the original purchase.

    Our change of mind returns policy set out below is in addition to your rights under the Australian Consumer Law because we want you to be happy with your purchase.

    Please read the following carefully to ensure you are fully aware of your rights under this policy and our obligations to you.

     

    Change of mind returns

    If you wish to return an item because you have changed your mind about your purchase, Spotlight will offer you a refund provided that:

    • You return the item within 28 days from the purchase date. After this period you may not be entitled to a refund or exchange.
    • You produce your original Spotlight receipt, online tax invoice or other adequate proof of purchase when returning the item.
    • The item has not been used or damaged in any way including that:
      • It is in the original packaging, including any accessories and instruction manuals; and
      • It is unworn, unopened, unused and in its original condition.
    • The item is not one of the goods listed below as a good for which a change of mind return is not available.

    All Change of Mind refunds are issued at the discretion of Spotlight.  We reserve the right to refuse a refund for a Change of Mind request if it does not comply with these conditions.

     

    Goods on which a change of mind return is not available

    Spotlight will not accept the return of items from the following categories under the change of mind returns policy under any circumstances:

    • Cut lengths of fabric, lace or ribbon
    • Clearance items
    • Bridal fabric
    • Sewing Machines & Overlockers
    • Cricut Machines
    • Silhouette Machines
    • All Made to Measure or custom made goods (including but not limited to curtains, blinds, tracks, shutters and awnings) 
    • Online Only orders or goods which are marked as “Online Only” or “Special Order”

     

    How to return goods purchased in store

    Returns for goods purchased in store may be done by returning the goods (as per this policy) to your nearest Spotlight store.

    If you live a long way from your nearest Spotlight store, we recommend contacting Spotlight Customer Service on 1300 305 405 for assistance prior to travelling to Spotlight to return your item.

    Remember also, when returning items in accordance with this policy you don’t need to return to the store of purchase, you can attend any Spotlight store.

     

    How to return goods ordered online

    Excluding returns of Online Only orders (see applicable terms), goods ordered online with Spotlight can be returned to our stores.

    If you are unable to visit your local Spotlight store, we recommend contacting Spotlight Customer Service on 1300 305 405. 

     

    Returning goods by post

    Spotlight is not responsible for any postage costs associated with returned goods, except in cases where the items have been recalled or you are entitled to a remedy under the Australian Consumer Law.

    We recommend that you obtain proof of postage to track your return as Spotlight cannot accept responsibility for items lost in transit.  Please contact your delivery provider to locate your parcel. 

     

    Personal Information

    In order to process your return we may request and record your ID and personal information.

    Any personal information you provide will be managed in accordance with Spotlight’s privacy policy which can be viewed at https://www.spotlightstores.com/privacy-policy.

    Refunds & Warranties guide – Help & Support

    Understanding your rights for Consumer Electronic Devices, Home Appliances and Home Entertainment Products

    The Australian Consumer Law and Your Rights

    The Australian Consumer Law (ACL) protects consumers by giving them certain guaranteed rights when they buy goods and services. For example, the ACL requires that goods must be free of defects, and do what they are meant to do. Services must be carried out with care and skill. These rights, which the ACL says automatically apply whenever goods or services are supplied to a consumer, are called ‘Consumer Guarantees’.

    Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and failure does not amount to a major failure.

    Consumer Guarantees have no set time limit but generally last for an amount of time that is reasonable to expect given factors including the cost and quality of the product or any representations made.

    JB Hi-Fi Refund and Warranty Policies

    JB HI-FI will provide a refund, replacement or repair in accordance with the JB Hi-Fi Minimum Voluntary Warranty Policy set out in this document. This Policy only sets out the minimum time periods within which JB HI-FI will offer you a refund, replacement or repair and your rights under the ACL may extend beyond these time periods.

    To obtain a refund or any other remedy please visit your nearest JB Hi-Fi store or contact us. You will be required to provide proof of purchase from JB HI-FI. JB HI-FI needs to be satisfied that the product is faulty, the cause of the fault and that the problem with the goods was not your fault. JB Hi-Fi reserves the right to have returned goods assessed within a reasonable time frame by the manufacturer to determine this, including whether the goods are defective or simply require some form of basic troubleshooting.

    In most circumstances, faulty goods would have been sold complete with out of the box accessories such as remotes, controllers, power cords, battery chargers and computer connectivity cables. It is a requirement for the fulfilment of refunds, exchanges and replacements that customers have used their best endeavours to return faulty products complete with the out of the box accessories supplied at the time of the original purchase.

    JB Hi-Fi reserves the right to not provide a remedy in accordance with the JB Hi-Fi Minimum Voluntary Warranty Policy where the product has been used predominantly in a commercial or business environment or for commercial or business purposes and JB Hi-Fi has not, prior to purchase, expressly advised that the product is designed for that environment or purpose. In such circumstances, you may still have the rights against JB Hi-Fi under the ACL.

     

    Returned Product Status Policy Time Limit Exclusions and other Conditions
    Faulty Product with packaging in any condition or packaging discarded Refer to Minimum Voluntary Warranty Policy Guide. (below)    
    Unused & Unopened, packaging in good condition (product not faulty) – eg change of mind. 100% Refund 30 Days Exclude Commercial Sales

    Refund may be available after 30 days if breach of Consumer Guarantees

     

    CDs, DVDs, Games and Computer Software

    Returned Product Status Policy Time Limit Exclusions and other Conditions
    Faulty Product with packaging in any condition or packaging discarded 100% Refund 90 Days Any included digital redemption code must also be returned
    Unused & Unopened, packaging in good condition (product not faulty) – eg change of mind. 100% Refund 30 Days No refund allowed for PC Games or Computer Software

    Refund may be available after 90 days if breach of Consumer Guarantees

     

    Pre-Paid Service Cards eg iTunes, Telstra Prepaid, Xbox Live

    Apart from JB Hi-Fi Gift Cards, if you experience activation problems with Pre-Paid Cards or Special Activation Codes provided by third parties then we recommend you contact the third-party service provider support centre for assistance in activating any credit entitlement as JB Hi-Fi is unable to independently determine the validity of any of these codes. If the third-party remedy is not to your satisfaction and you believe the product breaches a consumer guarantee then JB Hi-Fi can provide a refund.

    Manufacturer Assistance

    Many manufacturers have dedicated support centres designed specifically to deal with issues in relation to their products and may even provide in home support and advanced troubleshooting. In many circumstances, the manufacturer may therefore be able to provide a quicker assessment of, and remedy for, any issue with your product, even if the manufacturer’s warranty has expired. You may therefore prefer to contact the manufacturer rather than JB Hi-Fi, although you are not obliged to do this and, if at any time you are not satisfied with the manufacturer’s remedy in relation to your legal rights, you can contact the store manager of your nearest JB Hi-Fi store for assistance.

    Minimum Voluntary Warranty Policy Guide

    for Electrical Products and Accessories

    *(A) = Computers (B) = All products excluding computers

    JB HI-FI or the manufacturer will determine, at no cost to the customer, whether the product is faulty and the cause of the fault within a reasonable time frame. In the event of a fault and if the product is determined faulty through no fault of the customer, then the customer can request an exchange or refund of the original purchase price. Alternatively, customers can request repair free of charge in accordance with the manufacturers warranty. If the product is a Big & Bulky product (i.e. white goods, large/fixed kitchen goods and certain TVs), then if possible, JB Hi-Fi will organise with the manufacturer to repair the product at your premises because this is generally the most convenient remedy. If you are not satisfied with this remedy, see the blue section below for seeking a remedy under the ACL.

     

    JB HI-FI or the manufacturer will determine, at no cost to the customer, whether the product is faulty and the cause of the fault within a reasonable time frame. In the event of a major failure or minor defect and if the product is determined faulty through no fault of the customer, then the customer can request repair free of charge by an approved manufacturer’s repairer. If the goods cannot be repaired within a reasonable time frame the customer can request that JB Hi-Fi replace the product. JB Hi-Fi will then replace the product with a new or used product of the same brand that has similar features. In some circumstances, the provisions under the ACL may still provide for an automatic replacement or full refund of the original purchase price. See the blue section below for seeking a remedy under the ACL.

     

    Whilst individual circumstances may vary and the law is uncertain, the policies set out above are intended to provide you with remedies that JB Hi-Fi believes in most circumstances to be consistent with your statutory rights under the ACL in the event of breach of a Consumer Guarantee relating to faulty products. However, these policies are in addition to, and do not limit your rights with respect to, the Consumer Guarantees or any other rights and remedies that you have under a law in relation to the goods sold by JB Hi-Fi. If you are not satisfied with a remedy under the JB Hi-Fi Minimum Voluntary Warranty Policy you can discuss your concerns with a JB Hi-Fi Store Manager who is authorised to provide an alternative remedy where appropriate. If the store manager believes that the JB Hi-Fi remedy is adequate but you are not still satisfied that your ACL rights are being appropriately observed then you can submit your concerns in writing to our ACL Warranty Claims Officer contacting us for further consideration by JB Hi-Fi.

    Staff Code of Conduct

    JB HI-FI staff are obligated to ensure that your ACL rights are NOT limited in any way. Limiting your rights may include:

    • Informing you that the manufacturer is solely obligated to remedy your faulty product
    • Refusing to refund, replace or repair a product that is faulty and became faulty through no fault of your own within a time-frame considered reasonable under the JB Hi-Fi Minimum Voluntary Warranty or the ACL
    • Failing to escalate or properly address any dispute you have in relation to any minimum timeframes and minimum remedies outlined in this document
    • Failing to assist in a courteous and timely manner with a remedy that is in accordance with JB HI-FI’s Minimum Voluntary Warranty Policy
    • Redirecting you to another JB HI-FI store because your original purchase was made there.

    If at any time you feel that JB HI-FI staff conduct is not in accordance with these guidelines then ask to speak to the Store Manager or Manager on Duty.

    Expenses of Claiming under JB Hi-Fi’s Warranty Policy

    If your goods are faulty and you are entitled to a remedy under JB HI-FI’s Minimum Voluntary Warranty Policy, JB HI-FI will bear your reasonable expenses of making a claim under the Policy. This includes arranging and paying for, or reimbursing, the reasonable cost of the transport of the goods to and from your nearest store and/or to any repair agent, provided that you contact us in advance and obtain our prior approval.

    Want a copy of this page?

    Download Refunds & Warranties guide (PDF)

    SA.GOV.AU – Refunds and returns

    COVID-19 update

    See important information about contracts, cancellations and refunds in relation to COVID-19.

    Most products and services that people buy, hire or lease have automatic consumer guarantees. This means customers can get a remedy –  by refund, repair or have the goods replaced if there is a problem. The type of remedy depends on the type of problem.

    Refunds for returned items

    If there is a major problem with the goods or service, the customer can choose to have:

    • a refund
    • the goods replaced or repaired
    • compensation if there’s a drop in value for a service.

    See Repair, replace, refund – Australian Competition and Consumer Commission

    If the problem with the goods or service is minor, the business can choose to give the customer a free repair instead of a replacement or refund.

    The customer is entitled to return something, even if:

    • it has been used – faults aren’t always obvious at first
    • jewellery, underwear or swimwear have been worn
    • packaging or tags have been removed
    • it was a gift, but the customer must provide proof of purchase, eg receipt
    • the item was bought online from an Australian business (not a private seller)
    • it was bought from a second-hand store.

    However, customers and businesses will need to consider:

    • the item’s age, price and condition
    • how long ago it was bought.

    The business must contact the manufacturer on behalf of the customer. If a business is no longer trading, the customer can contact the manufacturer directly for a refund or replacement.

    Goods that can’t be returned

    Some goods and services aren’t covered by automatic consumer guarantees. Visit Consumer guarantees and warranties for more information about items that are excluded.

    Businesses can refuse to accept a return if:

    • the store identified faults before the customer bought the item
    • the customer inspected the item before buying and didn’t find faults they should have seen
    • the item was used incorrectly
    • the customer damaged the goods after they bought them
    • the customer changed their mind – some businesses will offer to refund or exchange as a sign of goodwill.

    Returning faulty goods

    The business may ask the customer to send goods back to them if there is a problem. Inspecting the item can help the supplier work out exactly what the problem is and if it can be fixed.


    Businesses have to give the customer a written repair notice before they start repairs on electronic goods like mobile phones or computers. The notice must say:

    ‘The repair of your goods may result in the loss of any user-generated data. Please ensure that you have made a copy of any data saved on your goods.’

    If it’s likely that the business will repair using second-hand parts, the notice must say:

    ‘Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.’


    Cost of returning faulty goods

    The customer organises the return if it can be posted or easily returned. Items don’t need to be returned in their original packages but the customer should:

    • ask about the returns policy and check if the business has a free pick-up service
    • keep proof of purchase for postage or transport costs so the business can refund the cost once the goods are proven faulty
    • wrap the goods so they are well protected during delivery.

    The business pays for the cost of returning goods when:

    • the item is too large, heavy or difficult to remove – eg a bed, wide screen TV, ladder stuck in the extended position, or installed goods (like a stove)
    • the fault means that it’s too dangerous, or the goods are too fragile, to return without an expert’s help.

    Cost of returning goods that aren’t faulty

    The customer can be responsible for transport costs if an inspected item doesn’t prove to be faulty. The business must:

    • tell the customer about transport or inspection costs, giving them a choice
    • not inflate costs so that the customer decides not to return something.

    Chargeback – debit and credit cards

    A chargeback is like a refund. Chargeback is the term used by operators of credit and debit card schemes (such as EFTPOS, Mastercard, Visa and American Express) to reverse a transaction charge on a debit or credit card in certain circumstances.

    The chargeback process takes place between the cardholder’s and trader’s banks.

    When you may receive a chargeback

    Your card provider may authorise a chargeback to your card account if:

    • the products or services received don’t match the description
    • you do not receive the products or services at all, or within the agreed timeframe
    • there are duplicate or fraudulent transactions
    • charges are made without permission
    • unrecognised transactions appear
    • the trader stops operating and you did not get what you paid for.

    When you won’t receive a chargeback

    There are some circumstances where a chargeback may not be available. For example, if you:

    • paid with cash, money transfer, cheque, direct debit or BPAY
    • are eligible to lodge an insurance claim
    • have already been compensated.

    Request a chargeback

    Contact the bank or card provider straight away to request a chargeback, as there are time limits on making a claim or dispute.

    They can vary between 45 to 120 days from the transaction date, so check with your card provider. It doesn’t matter if the business is no longer operating.

    Keep records such as forms, emails, documents or webpages you have filled in, read or received as they may be needed to provide proof with your claim.

    If you believe your bank or card provider has incorrectly rejected a chargeback request, you can dispute this decision through the Australian Financial Complaints Authority (AFCA).

    Refund tips for customers

    Keep receipts or proof of purchase safe

    Proof of purchase can include:

    • original receipt or photo of the receipt
    • credit card slip or statement
    • lay-by agreement
    • warranty card showing information about the product, the date and purchase amount
    • reference number – phone or online payments
    • copy of a paid cheque or acknowledgement by store staff that they sold the item to you.

    Take care of the goods

    It is your responsibility to take care of products you intend to return – for example, it wouldn’t be appropriate to leave a leather lounge suite outside until you return it. However, you do not have to return products in the original packaging in order to get a refund.

    Getting help from Consumer and Business Services

    There are some simple steps that customers can take before contacting Consumer and Business Services for advice and help with negotiating with the business. Solving a problem with a business has advice and a checklist to guide people through resolving problems with a business.





    Related information

    On this site

    Cancelling a Contract | PLEA

    Sometimes you change your mind about a purchase of goods or services. There are legal rules about when you can cancel or end a contract and whether or not you will get your money back.

    Refunds & Exchanges

    Always ask about the store’s policy on refunds. You may want to shop only in stores where the practice is to give refunds or exchanges. If you really do not want the item, and the store does not have a return policy, you should be prepared to accept an exchange, replacement or credit note, if it is offered, as the store is entitled to simply refuse the return.

    If a store has no sign posted, it does not have to give your money back just because you changed your mind or perhaps bought a cheaper item elsewhere. In this case, if they offer an exchange, replacement, or credit note, it is more than they are legally required to offer you.

    Stores are not required to post signs regarding their policy on returns. However, if a sign is displayed, the store is obliged to comply with its own policy. If you decide you no longer want your purchase you can return the item and expect a refund if that is what the sign says, and if you comply with any conditions stated.

    For example, if a store displays a sign that says, “Refunds and exchanges with Receipts“, the store is obliged to refund your money or exchange the item only if you provide the sales receipt for your purchase. The store also may require the refund or exchange to be within a time limit. For example, the policy may be “No Refunds after three days.”

    Ending a Contract

    There are some situations where a contract for a sale can be ended.

    False Statements

    Misrepresentations or false statements that persuade a consumer to enter into a contract can make that contract voidable. This means that either party can cancel the contract if they want to. But the misrepresentation must be about a major part of the contract, not some minor detail, and the contract must be cancelled within a reasonable amount of time.

    Duress

    If one party was intimidated by the other party or they used other extreme pressure tactics to force one party to enter a contract, that party may have signed the contract under duress. Duress is when someone does not enter into the agreement voluntarily, but only because they were forced to. Generally a contract cannot be enforced against a party who entered it under duress.

    Breach of Contract

    If one party breaches a contract, or fails to perform their part of the agreement, the other party is no longer obliged to perform their obligation under that contract. However, it may be difficult to prove when a contract has been breached. Perform your part of the bargain unless you are sure the other party has breached the contract. You may need to get a lawyer’s advice to help you decide when this has happened.

    Agreement

    A party to a contract can always agree to release the other person from their obligations. To cancel a contract by consent, each party agrees to give up any rights to receive an agreed upon benefit, and promises not to sue the other person for a breach of contract.

    Cancellation Rights

    Under consumer protection laws you have the right to cancel certain types of contracts in some circumstances. There are time limits for cancelling and notice requirements. Depending on the circumstances you may be entitled to a full or partial refund.

    Grounds for Cancellation

    Depending on the type of contract there are a number of grounds for cancelling a contract.

    Cancellation without Reason

    A consumer can cancel a personal development services contract without any reason within 7 days of…

    • receiving the written contract or
    • the day on which all the services are available to the consumer

    Consumers have 7 days after the later of these two events occurred.

    A consumer can cancel a travel club contract without any reason within 10 days of having received the written contract.

    A consumer can cancel a contract with a direct seller without any reason within 10 days of entering into the contract. If the seller was not licensed the contract can be cancelled within one year.

    A consumer can cancel or transfer a pre-arranged funeral contract without any reason at any time.

    Contract or Required Information not Provided

    If a contract is made by a direct seller, online, or remotely or if it is for future performance, personal development or a travel club it must be in writing. The written contracts, with all the required information, must be provided to the purchaser within 15 days of the purchase. In the case of direct sales contracts the written contract must be provided to the purchaser immediately.

    Consumers have cancellation rights if a copy of the contract is not provided to them or the contract does not contain the required information.

    If a copy of the contract is not supplied…

    • Consumers can cancel a future performance contract within one year of entering into the contract.
    • Consumers can cancel an internet or remote contract within 30 days of entering into the contract.

    If the contract does not have the required information:

    • Consumers can cancel future performance, travel club and personal development services contracts and contracts made by direct sale within one year of entering into the contract.
    • Consumers can cancel an internet or remote contract within 7 days of receiving the contract.

    An internet or remote contract can also be cancelled up to 7 days after the consumer receives a copy of the contract if at the time the contract was entered into the purchaser was not given a chance to correct errors or decline the contract.

    Delay of Goods or Services

    Internet, remote, future performance and direct sale contracts can be cancelled if the goods are not received within 30 days of the specified delivery date or the services do not start within 30 days of the date agreed to in the contract. If there is no delivery or start date then they can be cancelled if the goods or services are not delivered within 30 days of when the contract was entered into. In the case of direct sale contracts consumers have up to a year from signing the contract to cancel because they did not receive the goods or services.

    Travel, transportation and accommodation services can be cancelled immediately if they do not begin on the promised date.

    A consumer cannot refuse to accept delivery or refuse the start of services and then attempt to cancel the contract on the grounds of delay.

    Change in or Discontinuation of Service

    A travel club contract can be cancelled if the company goes out of business or makes changes to the way they operate that mean the services are substantially unavailable to the consumer.

    A personal development services contract can be cancelled if the company goes out of business or makes changes to the way they operate that mean the services are substantially unavailable to the consumer. This type of contract can also be cancelled if the services are relocated more than 10 kilometres away from their former location.

    Change in Consumer’s Circumstances

    A personal development services contract can be cancelled if…

    • The consumer is deceased.
    • A qualified medical practitioner states in writing that the consumer’s continued participation would be unreasonable because of the consumer’s condition or likely to endanger the consumer’s health.
    • The consumer moves more than 30 kilometres further away from the location of the supplier and the supplier cannot provide comparable facilities that are closer.

    Notice of Cancellation

    Notice must be given within the allotted time frame to cancel a contract for any of the above reasons.

    Notice to cancel an internet or remote contract can be given by:

    • personal service
    • registered mail
    • courier
    • telephone
    • fax
    • email

    Notice to cancel a future performance contract can be given by:

    • personal service
    • registered mail
    • email
    • any other means set out in the contract

    Notice of cancellation of a personal development services contract can be given by:

    • leaving it at the facility
    • personal service
    • registered mail
    • any other means set out in the contract

    Notice of cancellation of travel club contract can be given by:

    • personal service
    • registered mail
    • any other means set out in the contract

    Notice of cancellation of a contract with a direct seller can be given by any means that allow you to prove that you gave the notice including:

    • personal service
    • registered mail
    • fax

    Refunds after Cancellation

    If you exercise your right to cancel a contract based on any of the above reasons the seller must give you a refund within 15 days. If you paid by credit card and do not receive your refund within 15 days the credit card company must reverse the charges if you make a request.

    If you have received the goods you must return them to the seller unused. If you have received some of the services you will only get a partial refund that reflects the cost of the services you already used.

    Trouble with exercising your cancellation rights can be reported to the Consumer Protection Division by emailing [email protected]

    90,000 Refunds & Refunds | MooRER

    RETURN AND REFUND OF AMOUNT

    We hope you like the product! However, if you change your mind, a return request must be completed online within 14 business days of receiving your order.

    Items must be returned in the same condition in which you received them: unworn, unwashed and returned with all labels attached.

    If you have tried on the clothes, please do not remove the attached tags, otherwise the return will not be accepted.

    RETURN REQUEST


    HOW TO OPEN A RETURN REQUEST AS A NON-REGISTERED USER (ORDER AS A GUEST):

    • Connect to the guest orders management area by following the link by entering your order details.
    • Enter your order details and select RETURN.
    • Enter a return request for products to be returned, you will receive an immediate email confirming your return request.

    HOW TO OPEN A RETURN REQUEST AS A REGISTERED USER: / em>

    Once your return request has been completed, within 1-2 business days you will receive a confirmation email with authorization from our support team and a return label allowing you to return the item.

    RETURN OF GOODS

    How can I return my belongings?

    RETURN OF AMOUNT

    As soon as your return arrives at our warehouse, the quality control department will carry out the necessary checks.If the result is positive, we will send you an email confirming the return and ordering a refund.

    Refunds will be issued within 14 days of receipt of the item using the same payment method used when placing the order.

    We also remind you that the technical time to receive a refund depends on the internal procedures of your credit institution.

    Return for defective or incorrect product

    In addition to your right of withdrawal, you have a legal right to the relevant product or what is legally defined as “a product that conforms to what has been agreed”.

    MooRER is committed to providing high quality products and services. If for any reason you have a complaint about a product purchased via the Internet link ..

    Please provide all necessary information, including, preferably, the order number and photographs of the labels of the product you received.

    We ask you to wait for a response from our customer service team before shipping the item, which will deal with your complaint as quickly as possible.

    Shipping & Returns | Tissot Russia

    Moscow, Moscow region, St. Petersburg: from 1 to 7 days

    Other large cities of Russia: from 1 to 10 days

    Remote settlements: from 10 days

    Delivery Russian Post:

    This delivery method is possible only if other delivery methods are not possible.
    The storage period for parcels in post offices is up to 15 days. The package with the order will be delivered to the post office specified when placing the order within 1-4 weeks.

    Shipping cost

    We carry out delivery throughout Russia – free of charge, except for delivery to regions where the only delivery method is delivery through the Russian Post. Upon receipt of the order by mail, an additional commission is charged by the Russian Post 2.5% of the cost of the parcel.

    You can clarify the delivery method with the operator when confirming the order or by phone 8 800 600 04 98

    Delivery details

    Delivery is carried out only to the address indicated in the order and confirmed when talking with the operator.We draw your attention to the fact that we DO NOT provide the opportunity to try on watches and partial redemption of the order. In this regard, we ask you to carefully consider the choice of watches and place an order for exactly those models that you are subsequently ready to redeem. If the order is delivered by LM Express at the time of its transfer and before the payment is made, the courier can open the package in front of you and demonstrate the goods without taking it out of the box. If the watch does not correspond to your order by any visual sign (model, size, color, material), you can refuse to receive it by returning it to the courier.In the case of delivery of the order by other services (DPD Express, Boxberry, Pony Express, Russian Post), demonstration of the goods before purchase (opening the packaging, visual verification) is not provided.

    Return

    We hope that you will like the delivered product, but we do not exclude that you will want to return it for some reason.

    Below you can find information regarding the methods of returning the goods

    Product did not match

    – We always make sure that every time a customer places an order on the Tissot website, the customer is satisfied with our products and service.If you are not satisfied with the received goods or you simply change your mind, then you can always use your legal right to return the goods and return it to us within 7 days from the date of receipt, ensuring its safety, unused condition and the presence of all components. In this case, we will fully refund the purchase price.

    – The goods must be in their original packaging with labels and intact protective stickers, that is, in the same condition as at the time of receipt.In the event that a product is returned with some defects or not in its original condition, we reserve the right to completely refuse to accept such product, as well as to refund its value. In the event that we cannot accept a return, you will pay for the return shipping yourself.

    Defective goods

    – We make every effort to package your product with the maximum guarantee that it will ship in perfect condition. However, in the event that you find that the goods came with damage or defects, or you received something that you did not order, we will refund the money in full in accordance with your legal right.In this case, you can send us a notice of cancellation of the goods within 20 days from the date of receipt. Then we carry out the procedure for returning the goods (unless we have agreed otherwise). As an alternative option, at your request, within the period indicated above, we can offer to reimburse your repair costs.

    – If you discover a defect in the goods later than 20 days from the date of delivery, please contact us by mail [email protected] or by phone 8 800 600 04 98 and discuss possible options.This condition does not violate your statutory rights.

    Procedure for the return of unsuitable or low-quality goods

    Products purchased on our website must be returned under the following regulation:

    Moscow: You can return your watch through the Tissot brand boutique located at ul. Tverskaya, house 4 (from Tuesday to Saturday from 11: 00-20: 00), but before visiting the store you need to fill out the online form, which is located on the official website in the “Delivery and Returns” section.After filling out an online application for a refund, the operator will call you back within three working days and specify the day of visiting the boutique. The item cannot be returned through any other local retail store; if you return your watch at the Tissot brand boutique at ul. to Tverskaya house 4, then you need to take with you an application for a return, which is in the box with the purchased watch and a cashier’s receipt or any other order confirmation.

    St. Petersburg: You can return your watch through the Tissot brand boutique, which is located at Nevsky Prospekt, 68A (from Tuesday to Saturday from 12: 00-20: 00), but before visiting the store, you need to fill out the online form located at the official website in the Shipping & Returns section.After filling out an online application for a refund, the operator will call you back within three working days and specify the day of visiting the boutique. The item cannot be returned through any other local retail store; If you return the watch in the Tissot brand boutique at Nevsky Prospekt 68A, then you need to take with you the return application, which is in the box with the purchased watch and the cashier’s receipt or any other order confirmation.

    All other regions (except Moscow and St. Petersburg): You can return the watch through the completed online form, which is located on the official website in the section “Shipping and Returns”, the goods cannot be returned through local retail stores.

    To return goods through an online application, you will need:

    – Complete the online refund application. The operator will contact you within 3 working days and agree on the time of arrival of the courier;

    – The watch must be handed over with a complete set of accessories (packaging, instructions, return request, receipt or other proof of purchase) received at the time of delivery;

    – Expect a message about the diagnostic results within 5 working days and, in case of a positive decision, the receipt of funds to your current account, which you indicated in the application for a refund.

    Within 7 days, excluding the day of purchase of the goods, you are guaranteed to return the goods of proper quality (in the absence of traces of use and wear, in the presence of original and intact packaging and labels), if it did not suit you in shape, dimensions, style, colors, size or configuration. The return of the goods is carried out with the attachment of an application for a return and a document confirming the fact of the purchase of the goods (cash register receipt or other document). Shipping of returned goods to our Service Center is free of charge;

    If the watch is of the original proper quality, then we will refund you its value in full within 10 working days from the date of receipt of the watch by the Service Center and carrying out its diagnostics.

    Refunds are made to the card with which the payment for the returned goods was made.

    If the watch was in use, it has lost its presentation (the presence of scratches, wrinkles on the straps, etc.), or it acquired a malfunction during operation due to your fault, then the refund will not be carried out. In this case, we will return this product back to you (at your expense) and / or offer preliminary repair.

    If you have any questions about the return procedure, you can contact us by e-mail or by phone tissot @ lmexpress.ru or by phone 8 800 600 04 98 around the clock.

    90,000 Returns

    If you are shipping orders with third-party shipping services or yourself, customers can create a return item request. Applications are displayed in your personal account, and you can make a decision on them.

    In your personal account in the section Returns you can manage the returns of your goods.

    How it works

    1. The buyer makes a request to return the goods.At checkout, he indicates the reason for the return
      and attaches a product image to the application.

    2. You can find out that the buyer has applied for the return of your goods:

      • From the notification in your personal account.

      • On page Returns – new orders are marked in blue.

      • On page Returns , in tab New .

    3. You are considering an application.You have 3 calendar days to decide. After this
      time the application will be approved automatically.
      If you do not have enough information to make a decision, you can write to the buyer in the chat in
      return request. In this case, the period for consideration of the application is increased to 5 days.
      Possible solutions:

      • Approve application and:

        • Return money to the buyer without receiving a refund – if you do not want to receive the goods, for example,
          if it is broken and cannot be restored.

          More about refunding

        • Receive the goods and then return the money to the buyer.

          • If the product is ordinary, the buyer will send it to you by Russian Post to the department,
            which you specify in the warehouse settings. It’s free for you.
          • If these are tires or other bulky or flammable goods, the buyer will not be able to send them by Russian Post.
            In this case, in the warehouse settings, specify a spare point for receiving returns
            and write instructions to the buyer on how to ship the item to that collection point.

          For the service “Easy Return by Russian Post”, a product is considered large-sized if it weighs more than 20 kg in the package.
          and the sum of the width, length and height> 120 cm.For example, an item weighs 22 kg
          and its dimensions are 40 × 40 × 50 cm.

          How to set up a warehouse to receive a refund

      • Reject the application , writing in it a detailed reason for the refusal.
        If the buyer does not agree with your arguments, he can open a dispute within 5 calendar days.Ozon will review the dispute and make a decision within 3 days.

        More about disputes

    4. If you approved the application with the receipt of:

      • Regular goods – the buyer sends you a refund by Russian Post using the track number that we provided to him.
        In the personal account of Ozon Seller, the return will be tracked using this track number.
      • Large, flammable goods or tires – the buyer sends the goods to a spare collection point
        (for example, to your warehouse) in the way that you offer him (for example, by courier service), and then sends the track number
        and a shipping receipt with the amount for the postage.

    The goods can be in transit for 14 days. After this period, the buyer may open a dispute. If he
    does not open a dispute, and the goods are on the way for more than 31 days, the dispute will open automatically.

    More about disputes

    1. When you receive your refund, click Item received .

    2. To start checking the goods, click on the button On checking in your account. After receiving your return, you have 7 calendar days to check the quality of the goods and decide on a refund.In case of inactivity, the system will automatically refund the money to the buyer.
      If you do not have enough information to make a decision, you can write to the buyer. Possible solutions:

      • Return the money to the buyer:

        • Without refund of the amount for the shipment – if the return is not defective or damaged.
        • Refundable shipping costs – if the return is defective or damaged.

        More details about refunds

      • Reject the application , writing in it in detail why you refuse to return the money.If the buyer does not agree with your arguments, he can, within 5
        calendar days open a dispute.
        Ozon will review the dispute and make a decision within 3 days.
        More about disputes

    Refund request statuses

    Stage Status in your personal account What does it mean
    Consideration of the application by the seller (pre-moderation) New application The buyer has created a new application, you must make a decision within 3 days.
    Approved subject to return You have approved the return of the item, the buyer will send it to you within 5 days.
    Money back → Money returned You have approved a refund without physically returning the item,
    as the product is badly damaged, defective or very cheap.
    Rejected by the seller You have rejected the request for the return of goods, while giving a detailed indication of the reason for the rejection.
    Canceled by buyer The buyer changed his mind about returning the item and canceled the order.
    Canceled due to buyer’s inaction The buyer did not have time to hand over the return to the carrier or changed his mind about returning.
    Open dispute The buyer does not agree with your decision and opened a dispute with the involvement of Ozon.
    Canceled by Ozon Ozon considered the dispute and refused to return the buyer, justifying its decision.
    Approved subject to return Ozon considered the dispute and approved the return of the goods, justified its decision.
    Return on the way Return on the way The buyer sent you a refund.
    Return from the seller (post-moderation) Received by the seller. Checking product You have received a refund from the buyer and must decide to return the money within 5 days.
    Money back → Money returned You have approved a refund for the return received.
    Rejected by the seller. Goods from the seller You declined a refund for an item after we verified it.
    Canceled due to buyer’s inaction You asked a customer a question, but did not receive an answer. Refunds were denied.
    A dispute is open.Goods from the seller The buyer does not agree with your decision and opened a dispute with the involvement of Ozon
    Canceled by Ozon Ozon considered the dispute and refused to return the money to the buyer, substantiated its decision.
    Money back → Money returned Ozon considered the dispute and approved the refund to the buyer, substantiated its decision.

    How to set up a warehouse to receive a return

    For the service “Easy Return by Russian Post”, a large-sized item is considered to be a product that weighs more than 20 kg in a package
    and the sum of the width, length and height> 120 cm.For example, a product weighs 22 kg
    and its dimensions are 40 × 40 × 50 cm.

    1. In your personal account, go to the section Warehouses.
    2. On the card of the warehouse to which you want to receive returns, click,
      and then – Complete information. The editing window will open.
    3. In block Configure methods for receiving returns from customers , specify:
      • Russian Post Office. Select a branch on the map. We will create a track number that the customer can use to send a return to this department.This will save the customer time when sending the return, and you can track the package in your Ozon Seller account.
      • Replacement point of collection of returns – indicate the address of the point of collection to receive
        bulky, flammable goods or tires, as well as in case the selected branch of the Russian Post is closed for repairs.
      • Write a brief instruction to the customer on how to ship a return to a replacement collection point. For example, if you want to
        the buyer sent you the goods by courier service, write:
        “Pass the goods to the nearest courier service point, get a shipment receipt, take a picture of it and
        send us in chat. “
    4. Click Save warehouse .

    More about refunds

    How to cancel a purchase and get a refund? – Liters

    Important: Before making a purchase, each reader has the right to familiarize himself with the terms of the Liters: Subscription service, with information about the book, reviews of other readers, read or listen to a fragment and make an informed decision on the advisability of buying a book or a Subscription.

    Purchase cancellation and refund:

    • If you change your mind about a purchase made in liters, you can request its cancellation or refund to your account within 14 days from the date of payment, provided that you have not started online reading of the purchased book or downloaded it.
    • You cannot refuse a purchased digital book that is already downloaded or you are reading it online, unless technical flaws in the book file are identified that do not allow reading it.
    • You can cancel a paid digital book pre-order at any time. If the book goes on sale, you can still cancel the purchase and request a refund within 14 days from the date the pre-order funds were transferred, provided that you have not yet started reading the purchased book online or downloaded it.
    • You can request a refund for the purchase of the “Liters: Subscription” service within 14 days from the date of payment, provided that you have not yet received a book from a personal selection, a paid catalog within the Subscription and have not used the discount provided Subscription.
    • Refunds are not made for the provided service “Liters: Subscription” if you received a book from a personal selection / paid catalog within the Subscription and / or used the discount provided by the Subscription.

    Terms of return:

    1. Only funds transferred by the user to his account in liters can be refunded. Funds received from promotions, gift certificates, as well as bonus points are non-refundable.
    2. For a refund, you need to send a request to the email address [email protected] with a description of the reason for the return, details for receiving it and a login in liters. If you use our applications, you can send an email directly from the application.To do this, go to section Profile and click Report problem .
    3. Refunds will be made within a few days of the date support has approved the return. Sometimes it takes more time, but no more than 10 working days.

    Return methods:

    Please note : refunds are made in the same way as the funds were transferred in liters.

    Some ways to replenish your account do not allow you to make a return in the same way (payment through terminals and communication salons, bank transfer), in this case we can offer another method convenient for you from the ones suggested below:

    1. To phone account
    2. To e-wallet account: YuMoney, QIWI Wallet
    3. To bank account

    Depending on the method of return, the following data must be provided:

    1. To the phone account: phone number, operator name, payment date and amount.
    2. To e-wallet account:

    • YuMoney – wallet number, holder’s full name, payment date and refund amount.
    • QIWI Wallet – wallet number, holder’s full name, payment date and refund amount.

    3. To bank account:

    • Name of account holder
    • Account number
    • BIK
    • INN

    Not a public offer.
    Return conditions are subject to change unilaterally.

    First we decided to refund VAT, then changed their minds. So it is possible?

    Tax inspectors conducted a cameral audit of the declaration and decided to refund the company for VAT. However, during the on-site tax audit, the tax authorities changed their mind. They revealed the facts of the company receiving an unjustified tax benefit and the fictitiousness of the company’s transactions with several counterparties.

    The company did not agree with the decision of the controllers and appealed to the arbitration court.The company stated that the decision to refuse VAT refunds was illegal. The tax authorities have the right to make decisions on reimbursement only in the course of cameral audits and cannot revise it in the future at field tax audits. This means that the previously made decision on compensation is subject to mandatory execution.

    The cassation court sided with the tax authorities (Resolution of the CA of the Moscow District dated 07.10.16 No. A40-213915 / 2015). The judges stressed that the conclusion about the VAT refund was made based on the results of a cameral tax audit.In the course of it, inspectors have fewer opportunities compared to an on-site tax audit. The latter allows you to more fully and correctly establish the actual circumstances of business transactions. Therefore, the conclusions that the tax authorities made in the decision based on the results of the on-site audit cannot be recognized as dependent on the previously drawn conclusions based on the results of the on-site audit. On this basis, the court recognized that the decision of the inspectors not to refund VAT was legitimate.

    Is the court right?

    If at the end of the tax period the amount of tax deductions exceeds the total amount of tax, the resulting difference is subject to refund (offset, refund) to the taxpayer.Such norms are specified in paragraph 1 of Article 176 of the Tax Code of the Russian Federation. Then, the tax authorities check the tax return submitted by the taxpayer. Upon completion of the inspection, within seven days, the inspectorate is obliged to make a decision on reimbursement of the corresponding amounts, if no violations of the law were revealed (clause 2 of article 176 of the Tax Code of the Russian Federation).

    The order for the refund of the tax amount must be sent to the Treasury the next day after the day the tax authority makes this decision (paragraph 8 of Article 176 of the Tax Code of the Russian Federation). The Treasury must return the tax amount to the taxpayer within five days from the date of receipt of the specified order.

    Consequently, the amounts of VAT declared in the declarations must be refunded based on the results of an in-house audit of the declaration and on the basis of the tax authorities’ decision on tax refunds. The tax authorities are not entitled to make decisions on reimbursement or refusal of reimbursement within the framework of field inspections.

    The norms do not provide for the possibility of the inspectorate’s failure to comply with its decision to reimburse tax due to circumstances identified after the completion of a desk audit.If the decision on reimbursement was not properly appealed and canceled, it is enforceable regardless of the results of the on-site audit.

    Similar Disputes

    A decision on tax refunds made during a cameral tax audit is not subject to revision during an on-site audit. This conclusion was made by the Arbitration Court of the North-Western District in its ruling dated 20.01.14 No. F07-9872 / 13. In this case, the tax authorities checked a cameral tax audit of the VAT declarations submitted by the company.During the audit, she did not find any violations of tax legislation on the part of the company. Therefore, the inspectors decided to reimburse the tax.

    At the time of the consideration of the case in the courts, this decision was not canceled. However, it was not properly executed by the controllers. On this basis, the court concluded that the taxpayer, based on the provisions of Article 176 of the Tax Code of the Russian Federation, rightfully stated property claims for the return of the corresponding amounts of tax and interest.

    The tax authorities tried to attach to the case file the circumstances that they established during the on-site tax audit. However, the court rejected them, since the results of the on-site inspection were not initially in dispute. The court also rejected the controller’s petition to call witnesses to confirm the circumstances established outside the in-house audit, after the decision on VAT refund was made.

    The lawyer told when and how the loan can be canceled

    MOSCOW, Feb 2 – PRIME. Banks are more and more persistently tempting their clients to borrow money, and often the decision to draw up a loan agreement is made impulsively. It happens that after the signing of the documents, the need for borrowed funds disappears. In this situation, there is a chance to terminate the agreement with the bank, Pavel Utkin, a leading lawyer of the Parfenon United Legal Center, told the Prime agency.

    The expert told who should repay the loan if the borrower died

    “If the client has already managed to receive the funds, then the agreement can be freely terminated within 14 days after its signing.This is provided by law. By the way, during this period, you can also refuse services imposed with a loan, such as insurance. If more time has passed, then it will no longer be possible to formally issue a refund, “says the lawyer.

    The official wording of the procedure is early repayment. Banks do not have the right to refuse early repayment, but they can impose a moratorium on early termination of the agreement within 2-3 months from the date of signing. This information is written in the agreement, which must always be read very carefully before putting your signature.In addition, the bank will demand to pay interest on the days used, he notes.

    “In the event that the loan application was approved by the bank, but the agreement was not concluded, then the client can refuse to apply for a loan without any consequences. To do this, it is enough to stop contacting bank employees or declare directly that this service is more not relevant, “explains Utkin.

    Some managers are trying to mislead people and convince them that it is impossible to refuse a loan at this stage, but this is contrary to the real state of affairs, the lawyer warns.

    At the same time, you need to be aware that such a refusal on the part of the client can spoil the relationship with the bank, so it is better to present valid reasons for the refusal.

    What things are worth buying on credit, and what is better to save for

    “The situation with a target loan is more complicated. For example, if a person has taken out a mortgage and the bank has transferred money to his account or issued it in cash, then the return procedure is similar to a consumer loan. If the funds have already been used as a down payment, then it will be quite difficult to return them. “, – says Utkin.

    And if it is still possible to agree with the seller-developer out of court, then it is almost impossible to force a private person to return the money without his consent. As a rule, the easiest way to solve the problem is to sell a mortgage apartment and use the proceeds to repay the loan early, the lawyer concluded.

    Corneliani

    Corneliani

    JavaScript seem to be disabled in your browser.
    You must have JavaScript enabled in your browser to use all the features of this website.

    You can decide to return any product purchased on Corneliani free of charge within 14 days of the delivery date.
    While filling in the return form below, please add on the comments section the order arrival date.

    We would ask you to kindly comply with the following conditions:

    • The product needs to be in its original condition and packaging.
    • The label inside the item and the tag need to be attached to the product

    RETURN REASONS FOR A REFUND

    • I don’t like the color or style
    • Product wholly or partially damaged
    • Non-compliant product, or product differs from what was ordered.
    • I ordered the wrong size
    • I’ve changed my mind.

    RETURN PROCEDURE FOR A REFUND

    You can return a product by filling in the form below.

    On-line return using the form

    • Fill in the form below.
    • You will receive a mail with the label to stick on the return package. You will be given a date when the courier will collect the product.
    • Prepare the package using the original packaging and print the label received. If you no longer have the original packaging, we would ask you to kindly acquire adequate and suitable packing for transport.
    • Hand the package over on the appointed day to the courier.
    • We will run a quality check on the product and reimburse the cost of the product at the time of purchase, within no more than 14 days. During “free returns” promotional periods, customers will not be charged for shipping costs.
    Return / Refund Forms

    Legend of the reasons for the return

    The item is damaged

    If the item is completely damaged or defective, select that reason and describe the damage in the Comments field.

    Partially damaged

    If the item is only partially damaged and does not need to be returned or exchanged, select that reason and indicate which damaged parts are in the Comments box.

    The product does not match the description (differs from the description),

    If the item delivered differs from the item ordered, please select that reason and, if possible, indicate which item you received in the Comments field.

    I don’t like the color / I don’t like the style / I changed my mind

    If you would like to exercise your right of withdrawal, please select that reason and let us know in the “Comments” box if you would like to receive a refund or would like to exchange another item.

    Corneliani S.r.l. Registered office: Via Durini, 24 – 20122 Milano – IT,
    Operational Headquarter: Via Mario Panizza, 5 – 46100 Mantova -IT
    Ph. +39.0376.3041 Fax +39.0376372831 – [email protected] – ​​www.corneliani.com
    Share Capital of € 7.604.563,80 fully paid in Fiscal Code / Vat N. IT09537170962 – REA MI-2586447

    CUSTOMER CARE: +39 0280016430

    Please select your location

    Be advised that changing your location while shopping will remove all the contents from your shopping bag.

    North America

    Corneliani.

Related Posts

Leave a Reply

Your email address will not be published. Required fields are marked *