How to get money back for a faulty phone. How to get money back for a phone under warranty? Warranty claim by phone

There are often situations when, a few days after purchasing an expensive mobile phone, it turns out that it is faulty. And the consumer faces the question of how to return the product back to the store to get his money? Lawyers assure that if you know your rights, then within a certain time you can return this low-quality cell phone in exchange for a similar model. Better yet, negotiate a refund, including if the mobile device was purchased online.

How to return a faulty phone to the store under warranty?

Even a new mobile phone from a well-known brand and for an impressive amount of money can break at any moment. And if the warranty period has not yet expired, then the consumer can contact the retail store where he bought the cell phone to contact the seller with a demand to return the money or exchange the product for a similar one.

True, you can return a technically faulty mobile phone to a store provided that:

the operating conditions were not violated, that is, no water got inside the device case, it did not fall from a height, was not exposed to too high or low temperatures, etc.;
The sales receipt, warranty card, as well as the complete packaging from the cell phone have been saved, which will allow you to return the money.

Of course, if you lose a check, you can turn to the help of witnesses and prove your case in court. But it’s better to save all the papers on your cell phone. At least for the duration of the warranty. This rule also applies if you bought your cell phone from an online store.

When can I return my phone?

Buyers are not often interested in the warranty period of a product before they plan to purchase it. And completely in vain. After all, at the moment of a breakdown, it is important to know what period of time a person has to return the money. Most often, mobile phones, smartphones and other gadgets have a one-year warranty. But the manufacturer can set his own deadlines.

Is it possible to return a phone without an examination?

Buyers are also often interested in how to return a faulty phone to the store within 14 days without examination. This is possible if the malfunction of the cell phone is easily verified, and the seller in the store agrees to exchange it for another model or return the money. Moreover, Article 18 on consumer rights allows this to be done if defects are found in the purchased product.

In practice, entrepreneurs will require an examination to ensure that there are no hidden mechanical damages due to incorrect operation.

If the time for the examination is agreed upon, then it is advisable to bring the mobile phone exactly by this date. Consultation with lawyers indicates that it is better not to leave the phone with the seller - an unscrupulous person may intentionally cause any defects.

And if I bought my mobile phone online, then an independent examination can be carried out. In case of positive results in favor of the consumer, you can contact the management of the online store through the support service. Or send an application to the court.

How can I get my money back for a faulty phone under warranty?

The article of the law “On the Protection of Consumer Rights” implies that the buyer has the right to independently choose whether the money will be returned to him or whether the person agrees to exchange the mobile phone for a similar phone or another cell phone model, subject to the money being recalculated. Of course, sellers are much more willing to exchange a faulty product for a new one. But a person has the right to come and demand a refund.

The law also implies the following ways to further resolve the situation:

a store clerk can reimburse the cost of repairing a faulty mobile phone;
reduce the price of the cell phone by the amount of the detected defect, that is, actually return part of the money.

Some unscrupulous sellers may offer the consumer not cash in exchange for a mobile phone, but gift certificates equivalent in value to the faulty purchase under warranty. But it's not worth getting these. After all, you can either get a refund or exchange the phone for the one you like with an additional payment or recalculation of money.

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!

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 goods 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 complaint

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.

07.05.2015

When can I get a refund for a purchased phone?

Most models of modern mobile phones have a touch screen and perform many functions, therefore, by Decree of the Government of the Russian Federation No. 924 of November 10, 2011, they are included in the group. Such devices, according to Decree of the Government of the Russian Federation No. 55 of January 19, 1998, cannot be returned to the seller if they are not faulty. In other words, It is possible to return money for a purchased phone only if it is of poor quality.

When can I request a refund for my phone?

Article 18 of the Law "On" states that a faulty telephone, as a technically complex means of communication, can be returned to the seller within 15 days from the date of its purchase. This can be done if the purchase is complete and the presentation is preserved. It should be noted that when loss of a cash receipt also leaves a chance for a refund: according to Article 493 of the Civil Code of the Russian Federation, in order to confirm the fact of purchase, the buyer can refer to the testimony of witnesses.

The law provides return the phone to the seller and refund its cost after the expiration of fifteen days in the following cases:

if during operation significant shortcomings of the phone are discovered;
if the malfunction has not been eliminated within the period established by law;
if, due to repeated malfunctions during the warranty period, it was impossible to use the phone for more than 30 days during the year. For example, if in the first year of using the device you had to take it in for repairs twice, each of which lasted 15 days, then there is a legal reason to demand for the phone.

Buyer's procedure

In practice, many sellers, taking advantage of the buyer’s ignorance, refuse to return money and, at best, offer to exchange the product for a similar one. Such actions are illegal, since Article 18 gives consumers the full right, at their own discretion, to demand, among other things, a refund. For this The buyer will need to do the following:

write a claim addressed to the head of the seller organization indicating and demanding a refund of the funds paid;
Give one copy of the claim to the seller, and keep the second one, with a mark of acceptance. In case of refusal by the seller, it is advisable to send it by certified or registered mail;
receive funds from the seller within ten days.

Examination to determine a phone malfunction

In the event of a controversial situation, the seller must conduct an examination to determine the specified malfunction, and in practice this is a fairly common occurrence. The period within which the examination must be carried out depends on the buyer’s requirements: In case of a refund, it should not exceed ten days.

The law obliges the seller to conduct an examination at his own expense. However, if the examination establishes that the malfunction did not arise through the fault of the seller (manufacturer) of the phone, then the buyer will have to pay for the examination. If the buyer does not agree with the conclusions of the examination, he can challenge them in court.

What to do if the seller does not comply with the law?

If there is no response to the claim, then the buyer has the right to go to court. First, the buyer can conduct an independent examination of the faulty phone and present its results to the court. If the court establishes the fact of the sale of a low-quality phone, The buyer can expect reimbursement of the following amounts:

the cost of a low-quality phone;
legal costs, including the cost of an independent examination;
the amount of the penalty for each day after the expiration of the period when the funds should have been returned.

Whether the buyer will need the help of a lawyer to get his money back largely depends on the integrity of the seller. Many organizations care about their image, so it is often possible to resolve the issue by presenting a competent complaint. In case of protecting their interests in court, it is advisable for the buyer to seek legal advice.