What to do when you bought a phone. A standard situation when going to a store after a cell phone has broken down. Is it possible to return the phone to the store under warranty?

A modern person cannot imagine his life without a mobile phone. For most people, a telephone is not only a way to communicate during a conversation, it is also an e-reader, a player, access to social networks, and so on. Therefore, when purchasing a mobile device, a person often does not think about how to return the phone. But after a few days of use, defects may appear, or the device may not be suitable for the owner for a number of reasons. In this case, the buyer thinks about returning the goods. However, not every person understands the intricacies of the Legislation of the Russian Federation and has complete information about their rights.

Our qualified lawyers will help you understand the situation from a legal point of view.

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Many mobile phone stores refuse to return money, arguing that mobile phones are complex technical products and cannot be returned, and the only way to correct defects in the product’s operation is to return it under warranty within 14 days. However, such actions of store representatives are illegal, because The phone can be returned, but subject to some nuances.

When purchasing a phone, you must keep the receipt, box and its contents in proper form, otherwise the return procedure becomes more complicated. The law gives consumers the right to contact the point of sale of the gadget within 14 days, not counting the day of purchase. Store employees will offer to undergo an examination to identify the causes of the problem. It is not recommended to do this without accompanying documents. The Law states that for consumers, the basis for returning products may be the fact that they did not like the phone in appearance or functionality.

First of all, you need to draw up a claim in 2 copies. The claim form can be taken from the seller or drawn up in any form addressed to the head of the organization where the appeal will be submitted.

The claim must include the following information:

phone brand;
place of purchase of the goods (store, address, etc.);
Date of purchase;
description of the product malfunction;
put forward demands: exchange, return money, repair, etc.

One copy remains with the buyer with a note indicating acceptance of the claim by the seller, the second copy is transferred to the store. The salon representative is obliged, in the presence of the client, to draw up a report describing the external condition of the phone; such actions are dictated by the law on “Protection of Consumer Rights”.

If you agree with the specified description, you can sign and receive a copy of this act.

Based on the claim and the report, an examination is carried out, which takes no more than 45 days. If the buyer is not to blame for the failure of the phone, the store is obliged to satisfy the requirements no later than ten days. The review committee may also decide that the client is at fault. Then it is necessary to conduct an independent examination and file a claim with the judicial authorities.

What the law says

In Article 502, paragraph 1 of the Civil Code of the Russian Federation, you can find confirmation that the buyer has the right, within a 14-day period after the day of purchase of the goods, to return the money or make an exchange. If the new phone exceeds the cost of the returned one, the client makes an additional payment. Article 25, paragraph 1 of the PSA stipulates the possibility of returning products of proper quality within 14 days starting from the next day of purchase. The buyer has the right to return the money or make a compromise with the communication store.

There is also a list of “Technically complex goods”, but mobile gadgets are not included in it. The average person considers a mobile device to be complex in its functionality, but this is not enough for the store to rely on this and refuse to satisfy the claim.

The list of “Technically complex goods” is publicly available on the Internet, where every consumer can familiarize themselves with the products included in it. You can also download the List on our website.

Phone return options

Returning the phone is easy if you resort to the best option - concluding a compromise solution. Such an approach for consumers means resolving the issue in a short time, if no more than 14 days have passed from the date of purchase, not counting the day of purchase. To begin with, the client should describe the situation to the representative of the communication store. It is worth noting that sellers do not resolve such issues, so you can contact the salon administrator or manager.

It is necessary to understand that the conversation with the store and the buyer should be conducted in the spirit of exchange, and not return of goods, because This procedure is more effective than the store will return the money. That is why this method is called “compromise”.

If the store insists on receiving an expert opinion, based on the fact that the product belongs to the list of technically complex goods, the buyer needs to write a statement addressed to the manager. In the complaint, please include all information regarding the purchase. However, the previously purchased phone must be in perfect condition (scuffs, chips, scratches are not allowed, according to the law).

Practice shows that it is possible to return money for a mobile device within 14 days from the date of purchase, not including the day of purchase. After this period, the money is often not returned, but warranty service is provided.

Returning the phone

Products of poor quality are those that have external damage. Such a product can be returned to the store only under warranty conditions. After drawing up the report (1 copy of which remains with the buyer), the phone will be sent for examination, where the cause of the malfunction will be identified. If, based on the results of the examination, the commission comes to the conclusion that the malfunction of the gadget was caused by the owner’s negligence, the product will be returned without repair work and marked “removed from warranty.” If the failure is caused by the manufacturer, the device will be repaired and returned to the owner within 45 days.

It is worth noting that some stores offer customers to independently deliver the phone to the manufacturer’s warranty department, providing this is done promptly. The consumer is not recommended to do this. According to the Law “On the Protection of Consumer Rights”, the seller independently and at his own expense delivers the products to the warranty department and conducts an examination, based on the concluded agreement with the manufacturer.

There are also two types of product returns under warranty:

Returns within 14 days of purchase, not including the day of purchase. Based on Article 18 of the Law “On Protection of Consumer Rights”, the buyer has the right:
- return money for purchased low-quality goods;
- You can insist on having your phone repaired under warranty;
- demand a reduction in the price of the phone.
Return of the phone after 14 days from the date of purchase, not including the day of purchase. Such a return can be made if: a significant defect is discovered in the mobile device that interferes with the correct operation of the phone; if the service period under the product warranty exceeds 45 days.

Based on the above conditions, the consumer has the right to request a refund from the store for the purchased phone, exchange a mobile device and other rights.

If a recently purchased phone fails for some reason, the consumer should not rush to have it repaired, especially at a cost. It is important for consumers at this moment to contact the store with a request to exchange the device for a similar one, or carry out repairs under warranty. After the time specified by law, the buyer will receive either money or a new device if all conditions for using the phone are met. Experts recommend closely monitoring the operation of your mobile device for a 14-day period.

Telephones are the most frequently purchased device from consumers. And now, in pursuit of fashionable models, some people purchase several gadgets per year. In such an environment, everyone asks the questions: “Can I get money for a low-quality product?”, “How to return a phone under warranty?”, and also “What rights does the buyer have?”

The most important thing that the buyer should know is that this product is on the list of those that cannot be returned if there are no complaints about the quality.

That is, color, equipment, functions - all this must be checked in the store, otherwise it will not be possible to return it later. The only chance for a return is to prove that you were not correctly informed about the functions and capabilities of the product. This will have to be proven in court.

The second point to consider is that after purchase, keep receipts, packaging and all components. This will be useful if the mobile needs to be returned, for example, if it breaks. Of course, if you do not keep the receipt, according to the law “On the Protection of Consumer Rights”, the store is still obliged to return your money or exchange the broken product, but it will be more difficult to prove your right. During the warranty period, all repair work must be carried out at the Service Center.

Phone warranty

The warranty period for such a complex technical device is, on average, a year. Sometimes the warranty period reaches two years.

If during this time a significant flaw is discovered in your cell phone or it breaks down, you can contact the store and have the right to choose several possible options:

Return your purchase or exchange it.
Receive repairs and troubleshooting for the purchased model. While the repair is taking place, you should be given a phone to use for a while.
Refund your purchase.
Receive a price reduction by the corresponding amount. This is also guaranteed.

Warranty repairs and maintenance, as well as replacement, occur only if the consumer is not to blame for the breakdown of the device. If, for example, you bought your phone or stepped on it, no one will exchange it for you.

What exactly to demand from the seller if the phone breaks under warranty is up to the buyer to decide. The protection of the law is guaranteed.

If the first identified defect is not considered significant, then if you return it within 15 days, you can only count on repairing the phone. No refund or replacement will apply in such cases.

The phone is broken under warranty

It is important to note that we return goods that are under warranty. At the same time, you are not to blame for its breakdown, and you have all the purchase documents in your hands. In this case, by law, the seller is obliged to return your money or make repairs. How to get money back for a phone needs to be figured out in detail.

What to do if your phone is broken? Be sure to contact the seller! Many people do not want to waste energy and nerves, and therefore simply throw away their mobile phone without demanding an exchange or refund. The store owners will thank you. It is not right.

First, try to simply solve the problem in the store where you bought it. The seller will likely inspect and repair it. At the same time, the law clearly states that during warranty repairs the consumer must be provided with another device. To do this, you just need to write a claim in two copies, one of which you will keep, and the second you will give to the seller along with the broken device.

If a breakdown is detected, carefully study your warranty card. Often the buyer is offered, in addition to the main one, an additional guarantee. An additional guarantee gives the same rights as the main one. Therefore, feel free to go to the seller with a broken product - they will provide you with repair services.

The repair period should last no more than 45 days, otherwise the buyer has the right to write a claim to the seller and complain to Rospotrebnadzor about the delay in the warranty repair period. The repair deadline must be respected no matter what.

When you return the device to have it repaired at a service center, the seller is obliged to give you a corresponding certificate that describes the problem and all the components that are provided with the product. Be careful not to be deceived by a substitute model. You need to return your phone for repair in its packaging, with all parts and charger.

Sometimes, to repair the phone, the seller offers to check the product later. In this case, you need to know that the check, one way or another, is carried out in the presence of the consumer.

If the seller independently conducts the examination, the buyer may not accept its results. This gives the right to another option for examination by an independent specialist.

Perhaps you will not contact a service workshop, but will repair it yourself. In this case, it will be difficult to get the money back from the seller for repairs, since you will have to prove the worth of your craftsmen.

Third party intervention may void the warranty. Therefore, with broken models, it is better to go to the address of the service center.

Battery Warranty

The battery warranty has its own characteristics. This is a component part of phones, and therefore the warranty on it may be less than on the product itself.

Batteries may not be accepted into the repair shop only if a shorter warranty period is specified in the contract, and the battery breaks down later. If the warranty card does not indicate the warranty period of the battery, it means that it is the same as that of the main product.

Repairs under warranty are carried out on both the phone and the battery.

During the repair, you are required to provide a replacement. The main thing is to carefully read how long the battery warranty is.

Exchange of goods or refund

To find out how to return a faulty phone to a store under warranty, let's look at the law.

There are three situations when you are entitled to a refund on your phone or exchange your phone:

If a significant flaw is discovered, the repair of which is very expensive and exceeds the price of the device itself. This is usually discovered after several warranty repairs. How to return the phone for repair is written in the warranty card.
If the phone is broken and the repair time is delayed. After 45 days of repair, you can safely demand money for the phone.
If during the warranty period the product has been repaired several times, and the total number of days spent in the service center is more than a month, and after the repair there are unfinished defects or breakdowns.

If you want to return the money spent on your purchase, you will have to contact the store. You must have a claim for a refund for a defective product. The seller has 10 days to review the application and return the money.

A phone warranty does not mean that you have to repair the problem many times in a row. The buyer has the right to demand the exchange of a defective model for another.

How to exchange a phone under warranty? You also need to write a claim to the seller in two copies. The return period is 7 days; to check the malfunction, the seller has the right to demand an increase in the period to 20 days. If the new selected model is not in stock, the waiting time should not exceed a month. You can wait a month and a half for warranty repairs.

Filing a claim and subsequent actions

It doesn’t matter whether you want to exchange an item or get your money back, you’ll have to file a claim. The correctness of its preparation is very important. You need to create the document in two copies, and one of them remains with you, but with the seller’s signature.

The paper should consist of the following items:

At the beginning of the document it is indicated to whom the claim was sent and all the seller’s data. Usually they are written on the receipt or in the consumer's corner in the store.
Then you should set out in detail when and under what circumstances the device was purchased. You also need to indicate all attached documents that confirm the purchase.
Describe in detail the breakdown and how it was discovered. The phone is under warranty - what happened to it and whether repairs were carried out at the service center. You can attach the examination data if the buyer performed it. Be sure to mention the articles of law on which you rely. These are consumer rights.
Describe your requirements to the seller and your actions if they are not met. State exactly how much money you spent and what the amount of your monetary claim is.
Signature with transcript and date when the document was drawn up.

Sometimes the seller will refuse to accept the claim, but you will need proof that you served it. To do this, you can send the document by mail with notification of acceptance. In this case, you will have a refusal paper in your hands, issued by mail.

If the seller refuses to return the money or return the phone under warranty, you should first contact Rospotrebnadzor and then file a claim in court.

You may need the help of qualified lawyers, but as a result you can get not only money for a low-quality product, but also material damage. Lawyers will help answer the question: how to exchange goods with minimal losses.

Conclusion

If your phone breaks under warranty, your 2018 rights allow you to get money from the seller or a new phone. Everyone should know this and be able to exercise their rights wisely.

If the phone breaks under warranty through no fault of yours, the seller is responsible for the product sold. You shouldn’t be tormented by questions: “Can I or should I get it back, can I demand it?”

Remember: we must act!

The modern world dictates its own conditions to which you need to adapt. Today it is impossible to do without a cell phone. Therefore, even schoolchildren have a mobile device. Unfortunately, when purchasing, you may receive a defective phone or it simply will not meet the stated requirements. What to do in such a situation? How to return a phone under warranty without losing money?

What to remember when buying a phone

A new phone may break during the first week of use, as the product may be defective. To return a mobile phone to the dealership or exchange it for a similar smartphone, certain conditions must be met.

When purchasing a mobile device, the seller gives you:

Product;
Sales receipt;
Warranty card.

While the warranty is valid, it is strictly not recommended to throw away the papers received from the seller. It is important to note that all components that are in the box with the smartphone (headphones, charger) must be included. It is not recommended to adapt them to other devices. Otherwise, you simply won’t be able to return the phone.

Consumer rights

Sometimes, users ask whether it is possible to return the phone within 14 days? In Russia, a law “On the Protection of Consumer Rights” has been developed. According to this law, buyers can return purchased goods within 2 weeks from the date of purchase. In this case, the product should not have been used.

It is important to note that there is a list of products that are not accepted for return. As for smartphones, they are not included in this list. It is important to remember that the equipment, as well as the appearance of the phone and packaging, must be preserved. Do not forget about the documentation issued by the seller.

Returning goods that did not fit

Having purchased the product, the buyer goes home, after which he carefully examines the product. Sometimes a situation may arise when a cell phone is not suitable according to some criteria (bad camera, slow processor, etc.). The question arises, how to return the phone back to the store?

First of all, you need to pack all the components that came with the smartphone into a box, and then go to the store. It should be noted that in most cases, sellers offer to replace the purchased phone with another model.

Remember that the store administration may not like the phone replacement. This is why it is necessary to ask for a refund. Then you can agree to a compromise (choose to replace the device).

What to do if the seller refuses to accept the phone

Sometimes people are faced with the fact that sellers do not want to return money for the phone or exchange the smartphone. If this happens, you must contact the head of the organization with a complaint in writing.

The text of the claim must include the following information:

Full name and contact phone number;
Name of previously purchased phone (model and article number);
Formulate the requirements (replacement or refund);
Describe the reason for returning the device;
Date of application and signature.

It is important that the claim is accompanied by a copy of the sales receipt and warranty card, otherwise you will not be able to return the money for the purchased phone or replace it with a new one. It is worth noting that the store administration has the right to consider a claim within 10 days.

Since it is not always possible to get your money back for a phone, you can only hope for a replacement device. In rare cases, the administration refuses to comply with the terms of the claim. If this happens, you need to contact Rospotrebnadzor or the court.

How to speed up the exchange process

Consumers will benefit from knowing how to exchange a phone in a short period of time. To do this, it is recommended to use a trick. The consultant should tell you in detail about the phone you are purchasing. Most often, the seller briefly talks about the smartphone, after which he packs the goods and punches the receipt.

The user manual included in the product box is presented in a brief form. You can take advantage of this situation. The return of a smartphone can be conditioned by the fact that when purchasing the product, comprehensive information about the phone was not provided.

What you need to have with you to return your phone

Is it possible to return the phone to the dealership or replace it with a new device in a short time? Of course you can, but in addition to the smartphone, you need to have a document confirming the purchase of the smartphone. Most often, this document is a check. You need to take with you all the components that were in the box with the smartphone.

If you have to write an application or claim, you need to have a passport with you that confirms your identity. It is important to note that the mobile device must be returned no later than the period prescribed by law (14 days).

It is important to remember a few basic rules:

The product must be returned within 14 days of purchase;
The device must not be in use and must be in a marketable condition;
The product must be fully equipped (charger, USB cable, headphones);
Provide documents confirming the purchase;
Show your passport.

Sometimes buyers ask, is it possible to return the money? If the claim is written correctly and everything is in order with the documents, the funds will be returned within 3 business days. For those who paid by bank card, the money will be returned within 10 days.

Returning a faulty device

It doesn't matter how much a phone costs, it may have defects. After examining the smartphone, it may turn out that the purchase of the product turned out to be a bad investment because the device is faulty. Detected defects can be expressed:

The presence of a non-working camera;
Dynamic wheezing;
A touch screen that doesn't respond well to touch.

Is it possible to return a defective smartphone back to the store? Of course it is possible, but the guarantee should still be valid. Before returning a broken smartphone, you must review the warranty terms. It is important that:

There were no mechanical damages;
There were no signs of exposure to moisture;
The operating system or firmware was not reinstalled.

If the phone is broken, it must be sent to a service center for repair, but if a defect is discovered, the seller is obliged to exchange it or return the money. It's worth noting that this may take some time.

If your phone breaks under warranty, you must take it to the store. There is no need to open it or try to repair it yourself. After a visual inspection, the seller may suggest that you take the smartphone to the service center yourself. Do not do this. You can refer to the law on consumer protection, which does not contain such a requirement. Do not forget that the law stipulates how many days the store is given to solve the problem.

The only thing worth remembering is that there must be two copies of the appeal (claim). The copy of the document must bear the store's seal and the seller's signature. In case of violation of the deadlines, you can go to court with such a document.

There are cases when the seller refers to the fact that the smartphone cannot be returned because it is a technically complex product. Remember that the faulty device does not belong to this category. The same applies to devices that have any disadvantages.

If the phone fails to be made, the store must compensate for the damage (money or a new phone). Another situation may occur: the phone returned safely from the service center, but a week later it broke down again. There is no need to take your smartphone to the service center again. It should be returned to the store. In this case, it is recommended to write a claim, indicating repeated failure.

Sometimes buyers are interested in whether it is possible to return the phone and receive money after the first breakdown. It is possible, but it will be difficult to do, since the store will insist on after-sales service.

Expertise of product quality

You have the right to have the purchased device inspected by the store. In this case, you must add the appropriate paragraph to your application. To do this, you should write the following text: “If the store management appoints an expert inspection, I ask you to notify me in advance about the location of the examination, since I wish to exercise my right to participate in the quality inspection.”

There is no need to be afraid that it looks intrusive. You have a similar right. Of course, if you wish, you can not participate in the examination. If the store’s specialists are wrong, you can turn to independent experts, but this is only advisable if the mobile device costs several tens of thousands of rubles.

Nuances

Before contacting the store, you need to make sure that the cause of the breakdown was not your fault, since then you will not be able to get your money back for a faulty phone.

Sometimes a situation arises when buyers hide the fact that they themselves broke the device. During the diagnostics this will become known, which means you will have to pay money for repairs. A possible defect is detected within a few hours.

Time frame for solving the problem

What to do if the store is in no hurry to return the money or does not issue a new phone. First of all, you need to familiarize yourself with all the deadlines. Perhaps the time period allotted by law has simply not yet passed.

It may take about 10 days to terminate the purchase and sale agreement and return the funds. Sometimes the store pays the money much earlier. As for replacing a product with a new or similar one, it is carried out within a certain period, namely:

If no difficulties arise - 1 week;
When there is a need to check the quality of the product - 3 weeks;
The lead time may be extended if the product is not in stock at the retail outlet - 4 weeks.

Sometimes buyers may want to receive a phone that has the same characteristics as the purchased device for free use. Such a requirement can be fulfilled within 3 days from the date of submission of the application.

Video instructions: returning the phone to the store

If a problem is found in your phone, it is best to take it to the store on the same day. As for detecting a breakdown, you should not run to the service center, as this will take a lot of time. It is best to demand a replacement smartphone or money. Of course, the store employees will start to “bust”, but you should insist on your own.

Issues related to goods and services have always interested the population. Russia even has a special law protecting consumer rights. It is called “On the Protection of Consumer Rights”.

Today we are going to find out how to get your money back for a phone under warranty. Is it even possible to do this? Under what circumstances will funds be returned and under what circumstances will they not? The answers to all these questions will be given below. Among other things, we will be able to get acquainted with the rules for writing claims for phones that have not yet expired the warranty period. What features of the process should you pay attention to? What will each potential buyer need to remember about the procedures being studied?

The guarantee is...

The first step is to understand what a warranty period is. Every person who has ever purchased equipment should be familiar with this term. Especially technically complex designs.

This is the time during which the manufacturer of a particular product makes free repairs, diagnostics or replacement of components of its device. A similar document is attached to all gadgets and machines. Phones are no exception here. A corresponding coupon is also issued for them.

So what does a phone warranty provide? Within a specified time (usually 12 months), the buyer will be able to:

Carry out free diagnostics of the device at the service center;
replace a broken or defective phone with a similar one;
Get your device repaired at a service center for free.

This paper is required as standard for all devices. The buyer must check the availability of the corresponding one. If it is not there, it is not recommended to purchase the phone. After all, then the citizen will not have any rights to free repair or replacement. This is the opinion held by the majority of people. Is it really?

Is there any chance of a replacement?

To understand this feature, you will have to answer whether the phone can be replaced under warranty. How legal is this idea?

In Russia, it is not prohibited to replace and repair devices that are under warranty for free. This means that, theoretically, it is possible to replace an unsuitable smartphone. But in practice this is not so easy to do. Especially if you don't take into account some factors. Next, we will consider various options for the development of events regarding this issue. What tricks do cell phone stores use to avoid exchanging sold devices? and get paid for a low-quality product? If you prepare in advance for such situations (this is recommended to do under any circumstances), you can implement your idea without much difficulty. The main thing is to know your rights and not fall for the deceptions and tricks of sellers.

What may be useful

How to get money back for a phone under warranty? The first rule you have to remember is to save all documents and papers. Each customer purchases a specific set with a device in the store. And it will have to be preserved. Otherwise, there may be problems with the return or exchange.

As a rule, in the box with a mobile phone you can find:

the device itself;
Charger;
battery;
operating instructions;
cable for connecting to PC (USB);
warranty card for a phone purchased by a person.

Having the latest document should be a concern for every buyer. As already mentioned, if there is no guarantee, it is better to refrain from purchasing. All these components (some smartphones also have accessories such as a protective film or a headset) need to be preserved. Preferably with the box.

In addition, upon payment, the buyer will be given a check. It is a mandatory attribute if you need to return or exchange a smartphone. This is a kind of proof of the transaction. No receipt? Then you can completely forget about implementing the task. Without it, it will not be possible to prove the fact of purchasing a phone in a specific store.

Proper quality

The quality of the product plays a huge role in the issue being studied. How to get money back for a phone under warranty? Before taking decisive action, the buyer should consider the reason for the complaint.

The thing is that today goods of proper quality can be returned. But only under certain circumstances and with time limits. What is it about?

Any smartphone of good quality is offered to be returned to the store under the following circumstances:

the device does not match in color, shape or size;
The product has not been used, it has fully retained its presentation, has all the factory seals and plugs.

What restrictions are we talking about? The buyer can return the mobile device to the store within 14 days from the date of the transaction. This rule is regulated by the Law “On Protection of Consumer Rights”. This means that if there are no defects on the smartphone, you can still return it and get your money back.

Technically complex product of appropriate quality

How to get money back for a phone under warranty? In fact, everything is not as simple as it might seem. The thing is that smartphones are included in Therefore, buyers and sellers often have disagreements.

According to the established rules, it is impossible to return technically complex goods of proper quality if they are under warranty. Accordingly, you can forget about implementing the task. Such a device can only be returned or exchanged as part of some promotion held by the store. Or at the free will of the seller.

But technically complex goods of poor quality can be exchanged or returned. Only with certain features and nuances.

Inadequate quality of complex equipment

What to do if you need to return a phone of poor quality? According to the law, technically complex goods in this case are exchanged within 15 days from the date of purchase. The buyer then loses this right.

But there are exceptions everywhere. You can exchange or demand money for technically complex goods of inadequate quality after the specified period in the following cases:

The smartphone was found to be seriously damaged (defective);
the deadlines for eliminating the defects were violated (45 days are allotted for the operation);
if during the entire warranty year the device could not be used for more than 30 days in total due to constant repairs and elimination of defects of the device.

There are no further rules regarding this issue. In case of minor breakdowns or defects, if more than 15 days have passed since the purchase of the smartphone, you will have to put up with them.

About poor quality of goods

Now a little about more common situations. What to do if your phone breaks under warranty? Will it be possible to get him back?

As already mentioned, in Russia buyers can demand their money for any product of inadequate quality. Moreover, this can be done during the entire warranty period. The previously proposed time limits are only valid for 100% working devices.

Returning a phone that is broken or malfunctions during the warranty period is the legal right of every buyer. If the seller refuses the transaction, you can complain against him. What should I do to get my money back?

Application procedure

Everything is extremely simple. Especially if the citizen has saved receipts and documents from the smartphone. Without them, as already mentioned, it will be almost impossible to bring the idea to life.

Regardless of when exactly the breakdown occurred (during the entire warranty year, of course), you will have to follow some instructions. They look something like this:

Collect the previously listed documents. They must be accompanied by a citizen's identity card (passport).
Write a claim. How this is done will be discussed later.
Contact the store where the purchase was made with a corresponding complaint.
Wait for funds or exchange the device for a similar device, but in working condition.

In reality, everything is not so simple. Sellers often refuse to refund buyers. For example, due to doubts about the reasons for the appearance of certain defects. What to do in this case?

Conflicts with sellers

Don't despair. Even if there is a disagreement, you can easily get your money back for a smartphone of poor quality. This is normal. The main thing is to behave correctly.

If the seller doubts the reasons for the appearance of certain defects, he must, at his own expense, conduct an examination, during which the quality of the product will be confirmed (or not). If manufacturing defects are identified, the money is returned to the buyer in full. If the examination determines that the defect is caused by a violation of the operating instructions, you can forget about the operation. Additionally, the citizen will have to reimburse all the store’s expenses for diagnostics.

Sometimes it happens that the phone is not installed or has expired. In this case, you can also get your money back. But for this you will have to conduct an examination at your own expense. The procedure is allowed to be carried out within 2 years from the date of purchase of the gadget.

There are exceptional cases. For example, if more than 24 months have passed since the purchase of the smartphone. Then you can return the faulty gadget within 10 years after the start of its use or during the service life established by the manufacturer. Cell phone stores are not involved in this transaction - claims must be submitted directly to the manufacturer. With all this, the disadvantage of a smartphone should be significant and irreparable. If the breakdown is repairable, you are allowed to demand money only if the manufacturer has not removed it free of charge within 20 days. The buyer must prove at his own expense the reasons for the defect.

About refund amounts

Now a little about how much money you are allowed to return if your phone breaks under warranty. This issue often causes controversy.

Firstly, the buyer is required to reimburse the full cost of the purchased device. Secondly, every citizen has the right to reimbursement of all expenses associated with the examination and repair of a faulty smartphone. Thirdly, if the price of the phone has increased, you can demand payment of the difference in cost.

It follows that sometimes the buyer is able to get more money than he once spent. Such situations are very rare in practice; you should not rely on them.

What to do when purchasing a smartphone on credit? In this case, the return of the phone takes place according to the previously proposed principles. The money is returned in the amount of the cost of the device. In addition, the buyer is required to reimburse the interest on the loan that was paid.

Review and return times

In Russia today, all claims for refunds on mobile phones are considered within 10 days. If the store has not responded to the document in any way, you can file a lawsuit.

It is important to note that no more than 45 days are allotted for examination or repair of the device. Therefore, if a citizen was promised to repair the gadget and fix the breakdown, he will have to wait.

What cannot be returned

From now on, it should be clear how to get your money back for a phone under warranty. What devices are not eligible for reimbursement?

As already mentioned, all smartphones of poor quality must be replaced or returned to the store. The warranty on the new phone will also be updated. Money for such products must be returned upon request of the consumer.

Among the smartphones that cannot be returned are:

devices of proper quality, if more than 2 weeks have passed since their purchase;
technically complex devices of inadequate quality, if the claim arose more than 15 days after the transaction.

No more restrictions. What else should every buyer remember if he wants to make a warranty claim on a smartphone? What does this document look like? What should it contain?

Rules for writing a claim

Warranty claims over the phone can only be made in writing in person by the buyer. It is important to remember that the document can be:

written by hand;
printed using a printer and PC.

There is no fundamental difference in how the document is written. The main thing is that it is real paper that can be read.

The remaining rules for writing a document are general principles for conducting business correspondence. Key points include the specific structure of the claim.

It looks something like this:

"Head" of the document. It is drawn up in the upper right corner of the sheet. Here you need to write information about the store to which the document is sent. In addition, the “header” contains information about the applicant - personal and contact information.
Name. It is written in the center of the page on a new line. You must write "Claim". It is recommended to write a clarification under this word. In our case, the name looks like “Claim for refund for phone under warranty.”
Main part. It consists of a description of everything that happens. You could say this is the crux of the complaint. Here you need to tell as accurately as possible, but briefly and to the point, about the reasons for the complaint and your requirements. After this, you need to list in a numbered list all the documents attached to the claim.
Conclusion. This part of the paper usually consists of the date of application and the signature of the applicant.

That's all. There are no more special rules for writing a complaint. It is recommended to record the fact of contacting the store with this document. This is necessary so that in case of inaction of the organization, the citizen has the right to go to court for protection.

Sample

The warranty for a phone by law, as you may have already noticed, is established by the manufacturer. Usually it is 12 months. Sometimes you can find gadgets with a warranty of 6 months or several years.

What would a claim for a refund look like for a mobile device that is out of warranty? For example, like this:

"I, (data about the applicant, including passport details), ask for a refund in the amount of (amount) for the mobile phone (model) I purchased. (Date of transaction) I bought this device in the store (information about the outlet. It is located under warranty until (expiration date of the warranty card). (Date of the incident) I took the mobile phone and tried to turn it on. The device booted up and turned itself off after a few minutes. Turning it on again did not show 100% battery charge. An independent examination was carried out. It revealed a manufacturing defect in the mobile phone circuit boards. I paid (amount) for the operation. I request that you reimburse me the amount paid for the smartphone (model), as well as the cost of diagnosing this equipment."

This claim is not exhaustive. This sample is just a small template of the main part of the document. It helps to understand the essence of writing a paper.

About batteries and components

The last question that may arise is whether you will receive a refund for a phone with a faulty battery or other components. Is it possible to carry out such an operation? Yes. It is enough to remember a few simple rules. The principle of filing a claim will not change.

The warranty on phone batteries will be exactly the same as on the device itself, unless the manufacturer has indicated otherwise. It is enough to carefully study the warranty card. If it does not mention that the battery or any components of the smartphone are not covered by the warranty, you can safely contact the store with a claim within the entire period indicated on the coupon. The main thing is to have documents for your phone and a receipt indicating payment for the goods.

Results

Perhaps this is all that every consumer should know. From now on, the topic “Phone under warranty - my rights” will no longer cause any difficulties. If you have all the documents for your smartphone, you can easily file a claim and get your money back for a purchase of poor quality. Of course, the device itself will need to be taken to the store.

In fact, everything is much simpler than it seems. Sellers often try to violate the rights of buyers. It is important to understand that you can exchange or return money for a product at any time if it is proven to be of inadequate quality or a serious defect. But a working device can be returned only if it is in its original condition and within 14 days from the date of purchase. Even technically complex devices must be accepted for exchange or return.

So, if a citizen’s phone suddenly breaks down, he can demand an exchange or a refund during the entire warranty period. The main problem in this matter is device diagnostics. You have to prove to stores that the smartphone was originally purchased with a defect. In practice, not every buyer is able to defend their rights.

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You can return your mobile phone on the basis of Article 25 of the Federal Law “On the Protection of Consumer Rights”. If significant flaws are discovered in the phone after purchase, you can return it to the store and ask for a refund or exchange for another phone.

To do this, you need to clearly know your rights. Many sellers take advantage of the legal ignorance of buyers and deliberately mislead them.

Returning a faulty phone is possible within 14 days after purchase, not counting the day of sale. Moreover, a refund is also possible when you have lost a sales or cash receipt. The phone must retain consumer properties, have a marketable appearance, as well as factory seals and labels.

The topic of our article is the procedure for returning mobile phones to a store, the rules of communication with sellers and the competent preparation of return claims.

Is it possible to return a phone of proper quality?

Ways to return a working phone to the store

There are several ways to return a quality mobile phone:

Agreement with the seller. If you want to return a working phone to the store, you should not ask for a refund, but an exchange for another model. Not every seller will agree to return money for a quality phone, and the law will be on his side. They agree to exchange much more willingly. But it’s better to talk about this with management, rather than with ordinary sellers.

The buyer is reluctant to ask to exchange a phone in large chain stores, in small retail outlets or in online stores. Communication with sellers should not be done in a pleading or nervous tone, but in a calm and respectful manner, demonstrating good knowledge of the issue.

If the seller refuses to meet you halfway, it makes sense to write to the store management. It states the specific reasons for the request. You can return a product only if it is in perfect condition and if you have not used it at all.

Management's refusal to satisfy the claim But when filing a claim, you must remember that now the court does not have a single position on whether a mobile phone is a complex or not complex technical product. The solution to the issue can be both in your favor and in favor of the seller.

Warning

Returning low-quality phones is not a difficult matter; you just need to know a few basic rules:

set at 10 days after filing a claim.
It is possible to return a low-quality phone during the entire warranty period after purchase if it is found to be defective, which cannot be eliminated or takes too long.
Some sellers may claim that the defect is insignificant and the phone cannot be returned based on the list of technically complex products. But when returning low-quality goods, a different list applies - Art. 18 ZPPP.
The procedure for returning the phone should be completed through a written claim with a signature on delivery, so that in the event of a dispute, you have documentary evidence of the claims.
which is appointed by the seller, can be challenged in court if its results do not satisfy the buyer.
The warranty period assumes that the seller is obliged to prove the unlawfulness of the buyer’s demands for a return. If the warranty period has expired, the responsibility to prove defects in the phone falls on the shoulders of the buyer.