What the Constitutional Court Decided
The Constitutional Court considered a consumer’s complaint after an online shop refused to accept a return, citing the obligation for the buyer to deliver the item to the seller at their own expense. The delivery cost was almost equal to the item’s price.
The Court ruled: the right of return cannot be made conditional solely on delivery at the buyer’s expense. The consumer is entitled to choose between delivering the item themselves and providing the seller with an opportunity to collect it.
The reasoning: if the cost of return delivery in practice renders the right of return economically impossible to exercise, this constitutes a violation of the Consumer Protection Law.
The Current Rules for Distance Selling Returns
Article 26.1 of the Consumer Protection Law provides:
- The buyer may refuse goods purchased remotely at any time before delivery and within 7 days after delivery — without giving a reason.
- For goods of satisfactory quality, a return is possible if their marketable condition and consumer properties are preserved.
- If the seller fails to provide adequate information about the return period, the period is extended to 3 months.
- The seller must refund the money within 10 days of receiving the return request.
Goods That Cannot Be Returned Online
The list of non-returnable goods in distance selling is narrower than in traditional retail. The following are non-returnable:
- technically complex goods with functioning specifications (though they may be returned if defective),
- goods manufactured to a custom order,
- certain categories of goods subject to special rules.
How to Process a Return Correctly
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Send the seller a written return request — through the online form on their website, by email, or by post (with delivery confirmation).
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Keep all correspondence. If the seller communicates via a messaging app — take screenshots.
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Keep the original packaging intact where possible if you are planning a return.
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If refused — file a Rospotrebnadzor complaint and a court claim. Consumer claims attract no court filing fee, plus a 50% penalty in the consumer’s favour on the claim amount if the seller refuses voluntary compliance.
Read Also
- Serial Consumer Litigants: How Professional Plaintiffs Exploit Marketing Consent Checkboxes
- Patient Rights at a Private Clinic: What the Clinic Must Do and What It Doesn’t
Is an online shop refusing to accept a return or refunding less than the full amount? Contact us for a consultation — we will draft a complaint and, if necessary, a statement of claim.