How to write a claim for a refund for poor-quality phone repair? Claim (demand) for a refund for the phone

A sample claim for exchange or return of a mobile phone is given in the article “How to get money back if your mobile phone is broken.”

In addition, you can read the instructions on how to

Sample claim for exchange (return) of a phone

To the head of LLC “Service-Center”,
Ivanov I.I.
from citizen Petrov P.P.,
residing at:
St. Petersburg, Moskovsky pr-t, 111, apt. eleven,
contact phone: 8-981-777-77-77

CLAIM
about exchange (return) of a mobile phone

On August 8, 2010 I purchased it from your store Name of product(cell phone, smartphone or communicator) (IMEI serial number: 123456789101112) worth RUB 8,888. 00 kop. (eight thousand eight hundred eighty-eight rubles), which is confirmed by a sales receipt (a copy of the receipt is attached). During operation of the device, the following drawback was revealed: a disadvantage is described(for example: sound, vibration alert or camera does not work). Device warranty period has not expired to this day, which is confirmed by the warranty card (a copy of the card is attached).

I believe that I was sold a low-quality product, therefore, guided by Art. 4, 18, 19, 22, 23, I demand to terminate the sales contract and return the money paid for the cell phone (smartphone or communicator) “Brand, full name of the device” a sum of money in the amount of 8,888 rubles. 00 kop. (eight thousand eight hundred eighty eight rubles) within 10 days.

I warn you that for each day of delay in fulfilling my demands over 10 days from the date of filing this claim, you are obliged to pay me a voluntary penalty. in the amount of 1% of the cost of the goods.

In case of refusal to satisfy my legal demand, I reserve the right to file a complaint where I will ask you to oblige you to satisfy my legal demands, compensate me for the moral damage caused and collect from you a fine to the federal budget in the amount of 50% of the claim for failure to comply with the voluntary procedure for satisfying my demands.

Signature_____ /Petrov P.P./

This claim must be printed in two copies. It is necessary to prepare two identical sets of documents: a claim, a copy of the sales receipt, a copy of the warranty card.

Keep all original documents at home! After all, in case of refusal to satisfy your legal demand, they will be required in court. Although this scenario is not at all beneficial for the store, such a development of events occurs quite often in practice. Although sometimes this also happens (more often in small stores).

In the text of this claim, you can include a clause regarding your presence when checking the quality of the goods. After all, according to the law, the buyer has the right to personally participate in this procedure (examination). If he so desires. And if the buyer does not agree with the experts’ decision, he has the right to challenge it. True, for this you will have to conduct an independent examination (you will have to pay for it personally).

Yakovenko Denis, Mobiset.ru

Every person in the modern world always carries a mobile phone with them. But there are situations when it breaks, which means it needs to be repaired urgently. In this case, the person turns to the service center for help. But what to do if the repair was performed poorly, the phone does not work well or does not work at all, further details in this article.

A claim to a phone repair service center - when is it submitted?

There are some conditions for filing a claim with the organization that repaired the phone:

You should make sure that there was no violation of operating rules, such as the device falling into water;
Upon receipt of the goods from the service, new shortcomings in the device were identified;
All previously agreed deadlines have been violated;
The center does not return the device back to the owner at all.

These are the main reasons why it is necessary to write a complaint to the company.

How to write a claim for poor-quality phone repair under warranty?

It is important to understand that when using a device when the warranty period has not yet expired, then when deficiencies are identified, the service center is obliged to accept the model for repair in any case. As a result, the user must be returned a complete, repaired device, without any defects, especially if they were absent upon delivery.

When the center refuses to repair the phone, citing the fact that this is not a warranty case, but the person is sure that he did not violate the operating rules, you can demand an examination. If you refuse to carry it out, you must write a claim, where the citizen has the right to demand the return of a sum of money for repairs and compensation for moral damage.

Such paper is drawn up randomly , a specific form is not provided by law. The complaint must be made in two copies, on the second the seller signs and numbers it. In the upper right corner is written the name of the organization that carried out the repairs, its details, below is the full name of the customer of the services, his address and telephone number. In the middle of the letter the word “Claim” is indicated. Then a full description of the situation is given, indicating who performed the service, how and under what circumstances the deficiencies were identified. Below you need to indicate what consequences await unscrupulous sellers. At the very end, add a date and signature.

Sometimes it is written to terminate the purchase and sale agreement.

Claim for refund for poor-quality phone repair - sample

This template is ideal for any reason for writing a claim. For poorly carried out repairs or work not completed on time. The main thing is to clearly describe your requirements. Before writing a complaint, it is recommended that you familiarize yourself with the completed form. With its help, it will be possible to avoid mistakes that could lead to the refusal to consider the claim.

Claim for refusal of warranty phone repair

Then, when the seller refuses to take the product for warranty service, it is necessary to request a certificate indicating all types of work that the center carried out with this device. The reason for the breakdown and who is to blame should also be written here. The store can conduct an examination, if it confirms that the cause of the breakdown is due to the actions of the buyer, then the store must compensate the costs of the examination.

If the organization refuses to conduct it, then a claim must be filed for trial.

It may also be useful to write a letter about the return of funds based on the reconciliation report (sample in the material).

The phone has been under repair for more than 45 days, what should I do?

You need to know that the law provides for a situation where the warranty period for repairing a phone is violated. It cannot exceed 45 days. If the company violated these deadlines, then you need to write a complaint to the store and demand a refund or replacement with a similar model.

Claim for a refund for the phone after 45 days of repair

Such a document is drawn up in the same way as any other complaint. It is necessary to make two copies, on one of which the seller will put his signature. The reason for writing such a paper is indicated, the requirements and possible consequences of refusal are clearly written. The most important thing is to remember to put the date and your signature below.

In the event that the seller refuses to accept such a complaint , it must be sent by mail or email. After 10 days, the person must be given a response to the request. If this does not happen, then you need to file a claim in court, where all available evidence is provided in full. The buyer may also demand compensation for moral damages.

Sample claim for exchange (return) of a product - mobile phone

A sample claim for exchange or return of a mobile phone is given in the article How to get money back if your mobile phone is broken.

In addition, you can read the instructions on how to file a claim

CLAIM

about exchange (return) of a mobile phone

On August 8, 2010 I purchased it from your store Name of product(cell phone, smartphone or communicator) (IMEI serial number: 123456789101112) worth RUB 8,888. 00 kop. (eight thousand eight hundred eighty-eight rubles), which is confirmed by a sales receipt (a copy of the receipt is attached). During operation of the device, the following drawback was revealed: a disadvantage is described(for example: sound, vibration alert or camera does not work). Device warranty period has not expired to this day. which is confirmed by the warranty card (a copy of the card is attached).

I believe that I was sold a low-quality product, therefore, guided by Art. 4, 18, 19, 22, 23 of the Law of the Russian Federation "On the Protection of Consumer Rights". I demand that the purchase and sale agreement be terminated and the money paid for the cell phone (smartphone or communicator) returned “Brand, full name of the device” a sum of money in the amount of 8,888 rubles. 00 kop. (eight thousand eight hundred eighty eight rubles) within 10 days .

In case of refusal to satisfy my legal demand, I reserve the right to file a claim in court. where I will ask you to oblige you to satisfy my legal demands, to compensate me for the moral damage caused and to collect from you a fine to the federal budget in the amount of 50% of the claim for failure to comply with the voluntary procedure for satisfying my demands.

Copy of sales receipt

Copy of warranty card

Signature_____ /Petrov P.P./

This claim must be printed in two copies. It is necessary to prepare two identical sets of documents. claim, copy of sales receipt, copy of warranty card.

Yakovenko Denis. Mobiset.ru

sample claim phone number

In your complaint, you must indicate to whom you are filing it, introduce yourself and describe in your own words the essence of the matter and your requirements. Try not to overload your claim with unnecessary information or emotions.

ATTENTION! Underwater rocks! Returns are possible within 15 days of purchase or if there is a major defect. Having received a request for a refund for a phone of poor quality, the seller, on the basis of clause 5 of Art. 18 of the Law on the Protection of Consumer Rights may require you to provide a telephone number for quality control and independent examination. In this case, you must insist on a detailed inspection of the phone before handing over and receive from the seller a document that reflects what and in what form you are handing over (are there any signs of opening, mechanical damage, traces of moisture, etc.). The ideal option is if quality control and/or independent examination will be carried out in your presence and you will not have to lose sight of your phone until you receive the money.

Below we present to your attention an example sample of a claim for a refund for a low-quality phone.

To the head of LLC "ХХХХХХХХХХ"

(indicate seller's full name)

Moscow, Red Square, 300

(indicate the seller's address)

from Ivanov Ivan Ivanovich,

Sample claim for the return of a cell phone of inadequate quality

LLC "Company", Ivanovo,

Claim

November 05, 2004 in the "Company" communication salon located at: Ivanovo, st. Ivanovskaya, 00, I purchased a cell phone "Philips X503", serial number XXXXXXXXXXXXXXXXXXXXX, worth 4500 (four thousand five hundred) rubles. The warranty period for the cell phone is 12 months. On December 14, 2004 (i.e., during the warranty period), the specified cell phone malfunctioned, namely, it stopped receiving incoming calls and discharged its charge very quickly.

Claim for a refund for a low-quality phone. In your complaint, you must indicate to whom you are filing it, introduce yourself and describe in your own words the essence of the matter and your requirements. Try not to “overload” the claim with unnecessary information or emotions. ATTENTION! Underwater rocks! Having received a request for a refund for a phone of poor quality (claim for a refund for a poor-quality phone), the seller, on the basis of clause 5 of Art. 18 of the Law “On Protection of Consumer Rights” may require you to provide a telephone number for quality control and independent examination.

In this case, you must insist on a detailed inspection of the phone before transfer and receive from the seller a document that reflects what and in what form you are transferring (are there any signs of opening, mechanical damage, traces of moisture, etc.). The ideal option is if quality control and/or independent examination will be carried out in your presence and you will not have to lose sight of your phone until you receive the money.

The best option would be if you do an independent examination. That is, the course of your actions will be as follows:

1. Make an independent examination

2. Write a claim for a refund for a low-quality phone and present it to the seller along with a copy of an independent examination.

Claim for a refund for a low-quality phone

Returning the phone

Refund for a phone (smartphone) of poor quality

Telephone. The invention, once patented by Alexander Bell, intended for the transmission and reception of human speech, has reached the present day and has changed beyond recognition. At first, mobile phones were bulky, then compact, and now they are again tending to increase in size, and there is an explanation for this. Technological progress and development have made the mobile phone not just a means of communication; every day we use it as an alarm clock, flashlight, e-reader, calculator, notepad, Internet access source, calendar, camera, etc. All this makes the phone an integral object in our lives. Unfortunately, when buying a phone, we sometimes encounter not only the joy of a new purchase, but also disappointment when identifying faults with our device. There is little desire to use something that once let us down, and everyone wonders how to return a phone of inadequate quality. This is exactly what the next article is devoted to.

In this article you can find answers to the following questions:

Refund for phone (within 15 days from the date of purchase)

Refund for the phone (after 15 days from the date of purchase)

Claim (application) for the return of the phone.

Returning a phone of poor quality.

The return of low-quality goods is regulated by Art. 18 of the Law “On Protection of Consumer Rights”. According to this article, if a defect is identified in the phone that was not declared upon sale by the seller, the consumer has the right to:

Returning a phone of poor quality

Exchange or replacement phone

Phone repair under warranty or reimbursement of costs to eliminate defects by involving third parties

Proportional reduction in phone price

But this article has specific features for the implementation of these rights for the category of so-called “technically complex” goods. Therefore, first, let’s decide which product category a mobile phone belongs to.

According to clause 6 of the List of technically complex goods, approved by Government Decree No. 924 of November 11, 2011, wireless communication equipment for household use that has a touch screen and has two or more functions belongs to the category of technically complex goods. Thus, smartphones with touch screens certainly fall into the category of technically complex goods, but simple models of mobile phones are subject to return according to the usual rules provided for by the Law on the Protection of Consumer Rights.

Refund for phone

(within 15 days from the date of purchase)

During the first 15 days from the date of purchase of a mobile phone, you can return money for the phone if any defect is discovered in it that was not declared by the seller during the sale. The disadvantage can be expressed in absolutely any discrepancy between the phone and the quality, as well as the stated conditions and technical characteristics.

To get a refund for your phone

(after 15 days from the date of purchase)

If the defect of your phone was revealed only after 15 days from the date of purchase, then according to Art. 18 of the Law “On Protection of Consumer Rights” you have the right to warranty repair of your phone.

After 15 days from the date of purchase, to exercise the right to a refund for the phone, one of the following reasons is required:

A significant flaw has been identified in the phone (a flaw that cannot be eliminated or its elimination requires a disproportionate amount of time or money, also a flaw that has been revealed repeatedly or multiple deficiencies that occur in the phone, i.e. if the phone often breaks down)

Violation of warranty terms for phone repair

The phone is under repair for more than 30 days in each warranty year due to repeated elimination of its deficiencies.

As soon as you find one of the listed signs, you need to contact the seller with a claim to return the phone.

Claim (application) for phone return

You have established that you have the right to return the phone, and now you need to decide who and how to present this demand.

The same article will help answer the question of who to present our demand to. 18 of the Law “On the Protection of Consumer Rights”, namely clauses 2 and 3, according to which you can make a demand for the return of the phone to the seller, an authorized organization, as well as the manufacturer and importer of products.

In order to state your claim, you need to prepare a claim for the return of the phone (sample).

The application to return the phone must contain the following details and information:

Sender

Recipient

Purchase information (phone purchase date, serial numbers, receipt number and amount)

Circumstances of violation of the right (You describe what you base your right on in accordance with Article 18 of the Law “On Protection of Consumer Rights”, for example, identification of a significant deficiency, etc.)

Your requirement (for example, a refund for the phone).

You prepare a claim in 2 copies, one remains with the seller, and on the second, he puts a mark of acceptance, and you keep it as a supporting document.

Upon your request, during the warranty period, the seller is obliged to conduct a quality check and, if necessary, carry out an examination of the phone to establish the cause of the breakdown.

According to Art. 22 of the Law “On the Protection of Consumer Rights”, the requirement to return money for the phone must be satisfied within 10 days from the date of presentation, this period includes checking the quality of the phone and examination and is not subject to extension. Violation of this deadline entails liability under Art. 23 of the Law “On the Protection of Consumer Rights” in the form of a 1% penalty on the price of the phone for each day of delay.

If your rights are violated, if the seller refuses to return your money or the inspection or examination does not reveal a defect or indicates your guilt, you can protect your rights by filing a claim with the judicial authorities. According to Art. 17 of the Law “On Protection of Consumer Rights”, the protection of consumer rights is carried out by the court!

If you haven’t found the answer you need or you still have questions, order a call back or ask a lawyer a question online and get free legal advice now!

00 kop. (eight thousand eight hundred eighty-eight rubles), which is confirmed by a sales receipt (a copy of the receipt is attached).

During the operation of the device, the following drawback was revealed: the drawback is described (for example: the sound, vibration alert or camera does not work). The warranty period for the device has not yet expired. which is confirmed by the warranty card (a copy of the card is attached).

I believe that I was sold a low-quality product, therefore, guided by Art.

Sample consumer complaint for exchange of a low-quality mobile phone

At the same time, a period of “more than a month” clearly does not mean immediate elimination of deficiencies.

Thus, the shortcomings of the mobile phone purchased from you cannot be eliminated without a disproportionate amount of time and are considered significant, and I have the right to replace the mobile phone with the same product of another brand. In accordance with paragraph.

1 tbsp. 18 of the Law of the Russian Federation “On the Protection of Consumer Rights”, I ask you to replace the faulty Nokia mobile phone with a Samsung mobile phone with a recalculation of the purchase price.

Please consider my claim within 7 days.

Claim for return or exchange of phone

These sample statements are approximate; text adjustments are required depending on the situation.

It is important to write this document correctly.

because errors and inaccuracies can negatively affect the result: your requirements will not be satisfied.

In order to correctly write a claim and draw up an action plan, we strongly recommend that you seek help from our specialists.

Sample claims

The simplest and easiest way to file a claim for a defective product is using the resources of the World Wide Web. You can find almost everything on the Internet, including any sample or example of a claim for a defective product.

We also have many sample claims on our website.

2. You can contact a consumer protection lawyer to draw up a legally valid and well-drafted claim for a refund and return of goods of inadequate quality to the seller. But what is better and more correct?

For example, you decided to terminate the sales contract early and write a claim for the return of a phone, laptop, car, kitchen, or maybe a TV. Therefore, you decided to find and download on the Internet a claim for the return of goods of inadequate quality.

How to return a mobile phone (smartphone) and get a refund for it

25 of the Law “On the Protection of Consumer Rights” allows you to exchange or return a product you don’t like within 14 days from the date of purchase.

However, the law contains an indication of a list of goods that cannot be returned or exchanged if they are in working order. This list includes telephone sets (clause 11 of the list of goods that cannot be returned or exchanged, approved by Government Decree No. 55 of January 19, 1998).

In addition, a working mobile phone cannot be returned to the store or exchanged.

Professional consumer protection

“___”____200_, during the operation of the product, the following shortcomings were discovered in it: _________ (description). According to Art.

4 of the Law of the Russian Federation “On the Protection of Consumer Rights” the seller is obliged to transfer the goods, the quality of which corresponds to the contract. If there are no conditions in the contract regarding the quality of the goods, the seller is obliged to transfer to the consumer goods that meet the usual requirements and are suitable for the purposes for which goods of this kind are usually used.

Claim for replacement of goods of inadequate quality or refund of money paid for goods (sample form)

I purchased the product: (specify brand, model, article, etc.

product data) at a price of ________________ rubles, ____ kopecks. The fact of purchase is confirmed (cash receipt, sales receipt or other).

After (specify the period) from the date of purchase, the following defects were discovered in the product: (specify the defects). the presence of which indicates the sale to me of a product of inadequate quality. 1.

Sample claims

Claims are divided by type and category, taking into account the specifics of filing claims during the warranty period and upon its expiration, as well as in the absence of a warranty period for the product, divided by type of contract and addressee - claims to sellers of goods, claims to performers of work or services.

The sample consumer protection claims posted here apply to “standard”, commonly encountered situations.

According to the Law “On the Protection of Consumer Rights”, within 15 days from the date of purchase, a telephone set can be returned due to any defect, even one that can be easily eliminated. If the defect appears later than 15 days, the buyer has the right to terminate the sales contract if:

the disadvantage is of a significant nature, which prevents the device from being used for its intended purpose;
one-time repair period - more than 45 days;
The phone was repaired several times during the year, and the total repair period exceeded 30 days.

Important! If you want to use the last clause to terminate the contract, make sure that in the documents that you received when handing over the phone, it was written that the cell phone was being transferred specifically for repairs, and not for diagnostics.

In order to avoid returns, store representatives use various tricks. For example, they send the product with a claim to the manufacturer or to a service center. This is contrary to the law, since the buyer himself chooses who to make a claim to return the money.

Features of a claim for returning a phone

A claim for the return of goods must be made in writing. The law does not impose any special requirements for content, so it is written arbitrarily. It is only important to bring:

full name of the store, including contact information;
FULL NAME. applicant with address and telephone number;
the circumstances of the purchase, a description of the defect that occurred and your return requirements with reference to the legal basis.

At the end, add a date and signature. You can also write in the document that, according to the law, demands must be satisfied within 10 days, otherwise for each day of delay there will be a penalty of 1%. Reflect in the document that if you refuse to return the money, you will go to court and there you will present not only property claims, but also compensation for moral damage. The claim is drawn up in 2 copies. When submitting it, make sure that your copy is marked as incoming!

Important! Any employee of the retail outlet can accept the document, so it makes no sense to insist that this is done by the seller who sold you the phone, or the head of this sales office.

The period for consideration of a claim is 10 days. Most likely, along with it, you will also have to submit your phone for examination along with all the documents for the device. In return, the seller will give you an inventory and a receipt of acceptance.

Important! The examination period is included in these 10 days, and it is not allowed to extend the time for consideration of the claim.

The buyer has the right to be present at the examination. If the results prove that the malfunction occurred due to the fault of the buyer, it will not be possible to return the money for the device. When you know that you used the phone correctly, didn’t spill anything on it, didn’t drop it, etc., then you can safely go to court. As part of the consideration of the case, an additional independent examination will be carried out. The buyer is exempt from paying state duty, so you do not risk anything.

If you have problems returning your phone, we recommend that you seek help from a qualified lawyer who can help you file a claim and, if necessary, a statement of claim in court.

ATTENTION! Due to recent changes in legislation, the information in this article may be out of date! Our lawyer will advise you free of charge - write in the form below.