How to return the product for COD.

Can I return the goods after delivery?

    Purchasing products online or in stores may sometimes lead to issues regarding product returns or requests for repairs if the product is defective. In this article, we will help you understand your rights to return products, along with the conditions consumers should know when faced with such situations.

Table of Contents

• Product returns under general sale law

• Specific Laws on Returning COD (Cash on Delivery) Purchases

• Seller’s return policy

• Can you return used products?

• Non-returnable Items

• Returning Products or Repair Warranty

Product returns under general sale law

To make it easier to understand, let’s break down the key points of the Civil and Commercial Code, Articles 465 to 473, regarding product returns:

1. Fewer products than agreed: The buyer can choose to refuse the product entirely, or if they accept part of the product, they will pay only for what they received (paying less).
2. More products than agreed: The buyer can either accept the extra products according to the contract or refuse all of them. If the buyer accepts everything, they must pay according to the amount of product they’ve received (paying more).
3. Mixed products: If the seller delivers mixed items that were not agreed upon in the contract, the buyer can choose to accept only the contracted items and return the excess, or refuse everything.
4. Defective or damaged products: According to Section 472, if a product is defective or damaged to the point that it is no longer fit for its intended use, the seller is responsible for the damage, whether they knew about the defect or not.
5. When the buyer knows about the defect: Under Section 473, the seller is not responsible if the buyer knew or should have known about the defect at the time of the purchase and accepted the product without objection.

Specific Laws on Returning COD (Cash on Delivery) Purchases

According to a 2014 notification from the Committee on Contracts regarding COD services

Clause 4(4) specifies conditions under which consumers have the right to refuse or return products:

• Products do not match the order or are damaged: If the consumer receives a product that is not what was ordered or is damaged, they have the right to return the product and the seller must accept the return.
• Unordered products: If the consumer receives an item they didn’t order and the product was delivered COD, and the consumer paid, they can dispute the charge within 5 days of receiving the goods, unless the seller can prove the consumer actually ordered the product.
• Inspecting goods before payment: When receiving a product from the delivery company, consumers should take photos or videos as proof. If the product does not match the order, the consumer has the right to refuse the delivery.

If the consumer does not inspect the goods, and later finds they are not what was ordered, they must dispute it within 5 days. If the seller does not respond to the dispute, it will be considered accepted, and the seller is required to accept the return and refund the payment.

Seller’s return policy

Sellers can set their own return policies, which may include:

• Return period: For example, products can be returned within 30 days after receiving them.
• Condition of goods: Items must be unused or in their original packaging.
• Reason for return: Returns may only be allowed for defective items or if the product received is not what was ordered.
• Return shipping costs: The seller may require the buyer to cover the cost of returning the product, or the seller may cover it themselves.

Can you return used products?

Returning used products depends on the seller’s policy and the type of product. Generally, sellers don’t accept returns of used items, except in cases such as:

• • Manufacturing defects: If the product is defective due to a manufacturing error, a return may be possible, even if the item has been used.
  • Items that cannot be returned after use: Some items, such as food, cosmetics, worn clothing, or hygiene products (e.g., condoms, toothbrushes), are usually non-returnable after use.
  • Seller’s policy: Some sellers may be flexible and accept returns of used products if the product is under warranty.

Non-returnable Items

Certain items are often non-returnable based on the seller’s or manufacturer’s specific policies to prevent fraud or misuse. These include:

Used or opened products:

• Cosmetics and skincare items: Once opened or used (e.g., creams, lipsticks), they cannot be returned because they cannot be resold.
• Worn clothing and underwear: These often can’t be returned due to hygiene concerns.
• Sports equipment: Items like worn shoes or workout clothes that have been used.

Opened packaging or used items:

• Food or beverages: Cannot be returned if the packaging has been opened or if they’ve been consumed.
• Electronics: If items like smartphones, laptops, or other electronics have been installed or used, they might not be returnable unless there is a defect from the manufacturer.

Returning Products or Repair Warranty

There is a difference between returning products and warranty repairs:

Returning a product: This applies when the product is defective or not what was ordered (wrong size, damaged goods). Returns usually have a specified time frame (7-30 days).

Repair warranty: This applies when a product has a manufacturing defect, and is still within the warranty period. Warranties cover repairs for manufacturing defects but do not cover damage caused by misuse or accidents.

Conclusion

Both product returns and repair warranties depend on the seller’s terms and conditions. If the product is defective or not as ordered, consumers can return it within the specified time frame. Warranty repairs cover issues caused by the manufacturer’s defects only, and do not apply to misuse or accidents.

Content by Jasmin lawyer / Compiled by Champ lawyer