Terms of delivery and return of goods

Often, especially before holidays, we buy various goods in online stores. This service is becoming more and more popular and convenient. However, sometimes there is a need to exchange or return a properly purchased item online. Olga Voloshchuk, a lawyer from the Regional Consumer Protection Center in Chernivtsi Oblast, and volunteer Yulia Usata provide guidance on how to do this correctly.

First of all, it should be noted that Article 9 of the Law of Ukraine "On Consumer Rights Protection" provides that a consumer (buyer) has the right to exchange a non-food item of proper quality (without defects or deficiencies) for a similar item from the seller from whom it was purchased. This can be done if the item does not satisfy the buyer in terms of form, dimensions, style, color, size, or for other reasons preventing its use for its intended purpose.

An exchange of a properly quality item can be made within fourteen days, excluding the day of purchase. If the buyer received the item by mail, the fourteen-day period is calculated from the day following its receipt.

It should be noted that an exchange of a properly quality item can only be made if it has not been used and if the item's appearance, consumer properties, labels, seals, as well as the invoice provided together with the sold item, or the electronic invoice sent to the consumer's subscriber number or email, are preserved.

The buyer also has the right to return an item of proper quality to the seller. This indicates the termination of the contract at the buyer's initiative.

If the buyer decides to terminate the contract for the purchase of a product from an online store, they must inform the seller within fourteen days from the date of confirmation of the contract from the seller or from the date of receiving the item.

If the confirmation does not meet the requirements set out in Article 13, Part 2 of the Law of Ukraine "On Consumer Rights Protection," namely, if the seller did not provide information about:

• the seller's name and location;
• the procedure for accepting claims;
• the main characteristics of the product;
• the price, including the delivery fee;
• payment terms;
• warranty obligations and other services related to maintenance or repair of the product;
• the cost of telecommunications services, if it differs from the maximum tariff;
• the period for accepting proposals;
• the procedure for terminating the contract, the buyer may terminate the contract within 90 days from the date of receiving the information.

If the buyer decides to terminate the contract for the purchase of a product from an online store, they must inform the seller of the place where they can retrieve the product. The buyer's obligation to keep the product ceases 60 days after receipt. If the seller does not come for the product within this time, the product becomes the property of the consumer free of charge.

The contract may also stipulate that products or work results (services) sent by mail must also be returned by mail in case of contract termination.

Within 30 days of receiving notification of contract termination and the buyer's intention to return the product, the seller must refund the received amount and compensate for the corresponding expenses. If the seller does not return the money for the product within the specified period in case of contract termination, the consumer has the right to receive a penalty of 1% of the product's value for each day of delay in returning the money.

It should be noted that the Cabinet of Ministers of Ukraine has defined a "List of goods of proper quality that are not subject to exchange (return)." This includes personal hygiene products, perfumery and cosmetic products, underwear, baby products, building and decorative materials sold by meter, products made to order based on individual measurements, jewelry, and so on.