Is it possible to change a new phone? How can I exchange my old phone for a new one? How to return a phone to a store if you don't like it

A telephone is a rather expensive thing. If the purchased model does not suit you with its characteristics or works intermittently, you have the right to return it to the store where the purchase was made.

In this case, the seller must exchange the device for a similar one, if available, or return the money previously paid. However, in practice, returning a phone is not so easy.

Is it possible to return a phone according to Russian law?

Based on Article 25 of Law No. 2300-I of February 7, 1992 and Article 502 of the Civil Code of the Russian Federation, the buyer has the right to return the non-food item he purchased within two weeks from the date of purchase. This can be done if the phone turns out to be of poor quality.

It is important to comply with certain conditions:

• the presentation of the device and packaging has been preserved (all branded seals and other details are intact);
• there is documentation confirming the fact of purchase (for example, payment receipt, warranty card);
• the device was not used by the buyer (except for the situation when the device was under warranty and was subject to repair).

It is important to indicate in the text the reasons why the device did not suit you. You can return an item without a receipt, but in this case you will need to find witnesses to the purchase (in practice, it is extremely difficult to confirm the fact of purchasing a phone in a specific store without a cash register or sales receipt).

What are the rights of a consumer when returning a phone under the law?

Have you purchased a device of inadequate quality? In this case, the buyer has the right:

• demand reimbursement of costs incurred by the buyer in connection with the repair of the device in another organization;
• exchange this device for a similar one of proper quality;
• replace the device with another model and recalculate the price (if the phone is more expensive, the buyer will have to pay extra, but if it is cheaper, the seller is obliged to return part of the finances);
• demand the return of a previously paid amount of money;
• request the replacement of faulty parts of the device or its repair.

The citizen independently chooses any of the listed options of action.

Legal deadlines for a consumer to return a phone

By law, the return of a phone within 14 days is provided in most cases, but the seller has the right to set a longer period for exchanging goods (this information must be indicated in the contract). The selling organization cannot reduce this period.

If the mobile device is under warranty, but the service center employees were unable to eliminate the defect, the phone must also be returned to the store.

The same applies to the situation when the device is under repair for more than a month during the calendar year. In this case, the return period corresponds to the warranty period, and in its absence, it is no more than two years.

How to legally return a phone to a store?

A mobile device is a complex household appliance, and therefore must be returned only if a problem or any defect is detected that prevents the new owner from using it for its intended purpose.

Below is an action algorithm describing how to return the phone back to the store:

1. compose a text describing in detail the reasons for returning the device (you will need 2 copies of the document);
2. prepare your passport, receipt, purchased phone in packaging with all documents and accessories;
3. contact the seller or store director with the above papers;
4. wait for the money to be returned or the device to be exchanged for a similar one (if necessary, an examination can be carried out to determine the causes of defects);
5. file a complaint with the regulatory authorities (Rospotrebnadzor, OZPP, etc.) or with the court to forcefully collect money from the defendant if the store refused to return your funds.

If you do not have a receipt or payment receipt, you can confirm that you made a purchase in this store using testimony. To be used as evidence, the testimony must be recorded in writing. The document must also indicate the passport details of all witnesses and their contacts.

If the examination proved that a defect occurred due to the fault of the manufacturer or seller, the store is obliged to accept the phone back, returning the buyer’s money or exchanging the device for a similar one. If the inspection confirms the occurrence of a defect due to the fault of the buyer himself, it will not be possible to return the funds for the purchased device.

Are you not satisfied with the results of the examination? Contact another organization to conduct a re-inspection. If the results are positive, you have the right to file a lawsuit and hold the store accountable.

How to return a phone within 14 days if the product is of high quality?

If the device does not contain any defects, as a general rule it cannot be returned. The only exception is the seller providing false information about the mobile device or not informing the buyer at all.

According to Article 10 of Law No. 2300-I, in this case it is possible to return the phone. In this case, the device must:

• be in excellent working order;
• have a marketable appearance;
• not to be used by a citizen.

In this case, it is important to indicate in the text of the claim what information the seller hid from the buyer. It is advisable to have witnesses to the purchase.

Can I return phone accessories to the store?

This type of product can be returned only in two cases:

• if the seller did not inform the buyer about the characteristics and quality of the accessory;
• if the item is not of proper quality.

In other situations, it will not be possible to return the accessory, even if it was purchased together with the phone. Loss of presentation is also grounds for the store to refuse to return the goods.

Making a claim

When contacting a seller or store director, it is important to have with you a written claim, executed in duplicate, a passport or other identification document (for example, a student ID), and a receipt confirming the purchase at a specific store.

Many of us have encountered this situation: we bought a phone we liked in a store, and when we brought it home, we realized that it was not at all what we wanted. What to do in this case, is it possible to take the product that did not suit you back to the market and get your money back? Let's look at the solution to this problem in this article.

The well-known Law on the Protection of Consumer Rights, namely Article No. 25, regulates this provision - the user has the right to return the product he does not like back to the market within two weeks from the date of its purchase.

The legislation also establishes a list of non-food products that are not subject to return, these are:

• jewelry and jewelry;
• personal hygiene items;
• pharmaceuticals;
• vehicles;
• animals purchased from pet stores;
• technically complex subjects.

In this list, as we see, there are no mobile phones, which means the seller has no right to refuse to accept this gadget back.

So, is it possible to return the phone to the store if you don’t like it? Of course it is possible, but only if the following factors are met:

• the gadget is returned no later than two weeks after it was purchased;
• if the product has not been used and its presentation is not damaged;
• if the cell phone equipment, as well as all its documentation, are saved;
• You have in your hands a sales receipt for the purchase of this mobile device.

How long can I return my phone to the store?

According to Article No. 25 of the law that protects the rights of customers, it is quite possible to return a working phone to the store within 14 days. To do this, the consumer must personally come to the market where he made the purchase and write a corresponding application for the return of the goods. He must take with him the purchased product in its entirety, as well as the sales receipt. Next, at the point of sale, the client will most likely be offered to exchange the purchased products for goods of equal price. If such a product is not available, then the seller is legally obligated to reimburse the cost of the gadget.

If the phone is faulty, how to return it to the store?

Another pressing question for most consumers is how to return the phone to the store if it is faulty within 14 days? All customers who have purchased a defective product at a retail outlet have this right. Firstly, all electronic products have warranty cards for a certain period of time. Secondly, if the buyer receives a defective product, then, in accordance with the law, it must be exchanged without hesitation for a similar, working product. If the seller refuses to fulfill his obligations towards the client, then the consumer has the right to make a corresponding claim to the market management.

How to return a phone purchased on credit?

The same applies to mobile gadgets purchased on credit. Guided by Article No. 25 of the act on upholding user rights, within 2 weeks the client has the right to return the product and receive funds for it back to his credit card. If the consumer took out a loan from a bank to purchase a mobile phone, then it is returned to the seller as follows:

• the client writes a statement to the head of the retail outlet indicating the reason for termination of the loan agreement;
• then the market within 10 days returns the amount paid to the bank account;
• The buyer also gets his down payment back.

Is it possible to return the phone to the store under warranty?

If the phone is under warranty, the customer has the right to return it throughout the entire warranty period. Moreover, if the return occurs within 14 days from the date of purchase of the gadget, then the consumer has the right to count on full compensation for his money spent. In the event that more than two weeks have passed, but the warranty period has not yet expired, the retail outlet will bear the cost of repairing the product, or the buyer will be offered an exchange of the product for an equivalent product.

How to return a phone to an online store?

The legislation on the protection of customer rights is valid equally for both regular and online stores. A mobile phone purchased online can be sent back by mail within 7 days after receiving it. In this case, the Internet resource is obliged to return the money to the user within 10 days after receiving the refusal of the gadget. If the online market violates these obligations, the client has the right to go to court.

If you don't like the phone, can you return it to the online store?

Article No. 25 regulates that the user can return the purchased product back to the store within 14 days, even without giving a reason. Products purchased via the Internet are no exception. However, here the terms for returning a mobile phone are slightly different - no more than seven days from the period of its receipt at the post office or by courier delivery.

Fortunately for ordinary buyers, in accordance with Article 25 of the Law “On Protection of Consumer Rights”, you have the right to return your cell phone to the store within 14 days if it is found to be of inadequate quality, faulty or defective. Return and exchange of a mobile phone under the consumer protection law To exchange non-food products, you need to know the basic requirements:

• No more than 14 days have passed since the date of purchase, excluding the day of purchase of the product;
• The external presentation, packaging, and purchase receipts that confirm the purchase have been preserved;
• The mobile gadget is of poor quality or has a manufacturing defect.

In the Civil Code of the Russian Federation there is article No. 502 and article No. 25 of the Law “On the Protection of Consumer Rights”, thanks to which the consumer has the right to return a cell phone if it is found to be faulty to the place of sale where it was purchased.

Return the phone within 14 days

• Can I return a mobile phone within 14 days?
  • How to return goods within 14 days without giving reasons according to the law?
• Return of technically complex goods
  • How to return a product within 14 days: important nuances of the Consumer Protection Law
• Law on returning goods within 14 days - which article of the law applies?
• Can I return my phone to the store?
• Laws of the Russian Federation 2018
• Consumer rights when returning goods of proper and inadequate quality

Can I return a mobile phone within 14 days? This category includes complex technical products and, in particular, navigation devices, wireless communication devices for household use, satellite communications, and multifunctional devices with touch screens.

Return the cell phone to the seller within 14 days

• List of goods of good quality that cannot be returned
• Is mobile included in the list?
• Reasons for return
• Conditions for returning goods
• Procedure for returning a cell phone
• What should I do if my return is refused?

List of goods of good quality that cannot be returned This list includes goods that cannot be exchanged or returned even in the first 14 days, if the buyer simply did not like their functionality, but are of high quality. The list is divided into three large categories: food, non-food and technically complex.
Most sellers refuse to return a mobile phone, citing the fact that it belongs to the third category of non-returnable goods.

Returning a mobile phone to a store

How can a technically complex device that is defective be returned within 2 weeks from the date of purchase? The buyer may request a refund for a defective mobile device purchased within fourteen days after its purchase, as well as during the entire warranty period, if several important rules are met. In order to return a faulty mobile device, the buyer must submit a written complaint to the store management.

Law on returning your phone within 14 days 2018

From a legal point of view, the belonging of push-button telephones to complex technical goods cannot be proven one hundred percent, and such a decision can always be challenged. As for smartphones and mobile touch phones, they can be returned during the warranty period only if a significant malfunction or defect is detected in the device that affects its performance.
How can you return a smartphone if its quality is as stated? A working mobile phone can be returned within fourteen days if the buyer can prove that the seller misled him during the purchase by providing incorrect or incomplete information about the technical capabilities of the product or its functionality.

How can I return a mobile phone to a store?

• Returning a quality phone
• Returning a phone of poor quality
• Return of technically complex goods
• Samples of claims for returning goods

Returning a quality phone The Law “On the Protection of Consumer Rights” (hereinafter referred to as the Law on the Protection of Consumer Rights) allows you to exchange a phone if it does not suit the buyer in size, shape, style, color, configuration or other consumer properties. This can only be done in the first 2 weeks after purchase (counting starts from the day following the day of purchase).

Is it possible to return a cell phone to the store within 14 days?

Cell phone return policy

If the warranty has already expired, then the buyer himself must organize an examination of the phone for the presence of a defect (if less than 2 years have passed since the date of purchase);

• When the seller, as a result of an inspection, finds out that the defect arose due to the fault of the buyer, and he does not agree with this, the buyer has the right to appoint a new, paid examination. If she confirmed the results of the store check, then the buyer pays for it (also the costs of storing the phone and its transportation).

Otherwise, based on the results of the examination, you can file a lawsuit against the seller (or attribute the results of the examination to him and try to negotiate peacefully);

Returning the phone is possible only after writing an application (claim) for return, for which you will definitely need a passport. It is advisable, but not required, to attach a sales receipt to the application.

In addition, the buyer can request that the defects in the product be eliminated. Return or exchange of a phone after 14 days from the date of purchase Judicial practice in the consideration of disputes related to the return of technically complex goods, reflected in the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 28, 2012 N 17 “On the consideration by courts of civil cases in disputes regarding the protection of consumer rights” Review of judicial practice of the Supreme Court of the Russian Federation No. 4 (2016), approved by the Presidium of the Supreme Court of the Russian Federation on December 20, 2016, indicates that smartphones and cell phones can be returned after a 14-day period only in exceptional cases.

Contacting the seller with a written statement (claim) If defects are discovered, the buyer must decide on the type of request (return of the goods and receive money or exchange) and submit a written statement to the seller. The claim is drawn up in two copies, one of which remains with the buyer, and the other is transferred to the seller.
The claim can be given to the seller in person or sent by mail with acknowledgment of delivery. When delivering a claim to the seller, it is necessary that the seller’s representative indicate the date of its receipt on the second copy. Based on the application, the seller is obliged to accept the goods and, if necessary, check its quality. In the event of a dispute about the reasons for the occurrence of defects in the goods, the seller is obliged to conduct an examination of the goods at his own expense. The buyer has the right to take part in checking the quality of the goods, as well as to be present during the examination.

As for smartphones and mobile touch phones, they can be returned during the warranty period only if a significant malfunction or defect is detected in the device that affects its performance. How to return goods within 14 days without giving reasons according to the law? Knowing your own rights and obligations of the other party will help you avoid unpleasant, fruitless disputes, and, most importantly, you will be able to get your money back and protect your interests.

If the product is of poor quality, there are much fewer problems with returning it. Here the seller, as a rule, accepts complaints and does not dispute obvious defects.

Returning a technically complex product is a defect that reappears after repair. The deadline for eliminating the defect has been violated (repair lasts more than 45 calendar days).

Return of a touch phone within 14 days law 2018

I bought the phone and didn’t like it, can I change it? It’s been 14 days

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Two cases can be considered:

• return of a working one
• return of a faulty device.

The law states that a working cell phone cannot be returned to the seller and received money for it. However, you can find a compromise with the seller, and he can make a concession to the consumer and give the opportunity to choose another technique. In the case of faulty equipment, the buyer can make a return within fourteen days from the date of purchase. At the same time, it is unlikely that sellers will return money for the purchased goods, but on the contrary, they will offer to replace the defective item. If the buyer wants to return a working device, he can come up with some justification for the exchange.

How to return a working cell phone to the store?

• minor damage;
• The device does not hold a charge;
• weak keys;
• poor quality of the smartphone panel and so on.

How to return a phone if you don’t like it It’s very difficult to return a working mobile device.

F_e_d_o_r_o_v

The seller may insist that the mobile phone belongs to the category of technically complex goods, and therefore the buyer does not have the right to demand a refund for the faulty device, but can only count on an exchange.
But this can be legally challenged, and the buyer can try to exercise his right to exchange or return the goods.
The seller may decide to conduct an independent examination, but the buyer must remember that such examination is carried out solely at the expense of the seller and the buyer has the right to be present when it is carried out.

The buyer can return or exchange low-quality goods throughout the entire warranty period established by the seller or manufacturer.

Is it possible to return the phone to the store - return procedure

Returning a phone purchased through an online store You can return an unsuitable phone purchased in an online store or by phone before receiving the goods and within 7 days from the date of receipt.
The consumer should contact the management of the online store through a written statement.

The store does not reimburse the cost of delivery of goods in case of refusal, and refunds for the goods themselves occur within 10 days to a bank card.

How to return your phone within 14 days without any problems - watch the video tip: Did you like the article? Follow site updates on VKontakte or Twitter.

The last paragraph provides for writing a statement precisely in such situations.
A sample application can be found on the Internet. When can a purchased cell phone be returned to a store? The buyer has the right to return a cell phone to a store within fourteen days from the date of purchase.

This period is established in accordance with the Civil Code of the Russian Federation in Article 502.
Download the Civil Code of the Russian Federation However, the contract with the store may indicate a different period - the longest.
But, in any store you can make a return within fourteen days, even if the contract contains a shorter period. In general, sellers do not have the right to set a shorter period, since this is prohibited by law, but many ignore this.

When and how can I return my phone to the store?

It is important to remember that you should not contact the seller to return the purchased mobile phone, but rather ask for an exchange.

Then there is a possibility that the seller will meet you halfway and exchange the purchased product.

It should be noted that large chain stores are more likely to accommodate customers halfway in resolving the issue of exchanging a purchased device than small local stores.

If the seller does not meet the buyer halfway on the issue of exchanging a mobile phone that is of high quality and does not contain defects, then the law is on the seller’s side and challenging this decision through a claim or court will be quite problematic. A sample claim for the return of goods of good quality can be downloaded here. The complaint is written to the store management; it must describe the reasons that prompted the buyer to decide to exchange or return a working mobile device after purchase.

Is it possible to change a purchased phone within 14 days if it has not been used?

How to return a phone to a store without a reason? Now let’s look at the situation: a client buys a new gadget, then he doesn’t like it and wants to return it for no reason.

The ZPPP states that the buyer can make a return if he is not satisfied with any characteristics:

• color;
• form;
• model;
• operation of the device, other reasons.

Theoretically, the user can return the phone to the store for no reason, but with a caveat: do this no later than two weeks after purchase. There are also groups of products that cannot be returned. Many retail chains classify it as a technically complex device, which means difficulties may arise. If the seller refuses the client, then all that remains is to write an application for exchange/return of products addressed to the manager. Often sellers make a “compromise” - the buyer may be offered to change the device, taking into account the cost of the previous one.

• Is it possible to return a mobile device?
• How can you return a smartphone if its quality is as stated?
• How can a technically complex device that is defective be returned within 2 weeks from the date of purchase?
• Drawing up a claim containing a requirement for the need to return the product in question

Is it possible to return a mobile device? The issue of exchanging or returning working mobile devices due to the fact that the buyer did not like the phone or was not satisfied with the style, color, shape, dimensions, configuration or other characteristics is quite controversial, since it can be assessed in two ways according to the interpretation of the law governing the issue exchange and return of non-food quality goods.

I bought a phone yt I liked it, can I change it? It's been 14 days

You can exchange a phone only if all labels, seals and tags are in place, the packaging is kept in its original form, the device has not been used by the client and is in a salable appearance.

If the store management does not meet the buyer halfway, the buyer has the right to go to court.

Since there is no clear answer to the question of whether mobile phones belong to the category of complex technical goods, the buyer must understand that the solution to the issue can be both in his favor and in favor of the seller. In order to increase their chances of a positive decision, the buyer should seek help and advice from an experienced lawyer who has experience in positively resolving the issue of exchange or return of working mobile phones.

Return the phone within 14 days

A telephone is a rather expensive thing. If the purchased model does not suit you with its characteristics or works intermittently, you have the right to return it to the store where the purchase was made.

In this case, the seller must exchange the device for a similar one, if available, or return the money previously paid. However, in practice, returning a phone is not so easy.

Is it possible to return a phone according to Russian law?

Based on Article 25 of Law No. 2300-I of February 7, 1992 and Article 502 of the Civil Code of the Russian Federation, the buyer has the right to return the non-food item he purchased within two weeks from the date of purchase. This can be done if the phone turns out to be of poor quality.

It is important to comply with certain conditions:

• the presentation of the device and packaging has been preserved (all branded seals and other details are intact);
• there is documentation confirming the fact of purchase (for example, payment receipt, warranty card);
• the device was not used by the buyer (except for the situation when the device was under warranty and was subject to repair).

It is important to indicate in the text the reasons why the device did not suit you. You can return an item without a receipt, but in this case you will need to find witnesses to the purchase (in practice, it is extremely difficult to confirm the fact of purchasing a phone in a specific store without a cash register or sales receipt).

What are the rights of a consumer when returning a phone under the law?

Have you purchased a device of inadequate quality? In this case, the buyer has the right:

• demand reimbursement of costs incurred by the buyer in connection with the repair of the device in another organization;
• exchange this device for a similar one of proper quality;
• replace the device with another model and recalculate the price (if the phone is more expensive, the buyer will have to pay extra, but if it is cheaper, the seller is obliged to return part of the finances);
• demand the return of a previously paid amount of money;
• request the replacement of faulty parts of the device or its repair.

The citizen independently chooses any of the listed options of action.

Legal deadlines for a consumer to return a phone

By law, the return of a phone within 14 days is provided in most cases, but the seller has the right to set a longer period for exchanging goods (this information must be indicated in the contract). The selling organization cannot reduce this period.

If the mobile device is under warranty, but the service center employees were unable to eliminate the defect, the phone must also be returned to the store.

The same applies to the situation when the device is under repair for more than a month during the calendar year. In this case, the return period corresponds to the warranty period, and in its absence, it is no more than two years.

How to legally return a phone to a store?

A mobile device is a complex household appliance, and therefore must be returned only if a problem or any defect is detected that prevents the new owner from using it for its intended purpose.

Below is an action algorithm describing how to return the phone back to the store:

1. draw up the text of the claim, describing in detail the reasons for returning the device (you will need 2 copies of the document);
2. prepare your passport, receipt, purchased phone in packaging with all documents and accessories;
3. contact the seller or store director with the above papers;
4. wait for the money to be returned or the device to be exchanged for a similar one (if necessary, an examination can be carried out to determine the causes of defects);
5. file a complaint with the regulatory authorities (Rospotrebnadzor, OZPP, etc.) or with a statement of claim in court to forcefully collect money from the defendant if the store refused to return your funds.

If you do not have a receipt or payment receipt, you can confirm that you made a purchase in this store using testimony. To be used as evidence, the testimony must be recorded in writing. The document must also indicate the passport details of all witnesses and their contacts.

Are you not satisfied with the results of the examination? Contact another organization to conduct a re-inspection. If the results are positive, you have the right to file a lawsuit and hold the store accountable.

How to return a phone within 14 days if the product is of high quality?

If the device does not contain any defects, as a general rule it cannot be returned. The only exception is the seller providing false information about the mobile device or not informing the buyer at all.

According to Article 10 of Law No. 2300-I, in this case it is possible to return the phone. In this case, the device must:

• be in excellent working order;
• have a marketable appearance;
• not to be used by a citizen.

In this case, it is important to indicate in the text of the claim what information the seller hid from the buyer. It is advisable to have witnesses to the purchase.

Can I return phone accessories to the store?

This type of product can be returned only in two cases:

• if the seller did not inform the buyer about the characteristics and quality of the accessory;
• if the item is not of proper quality.

In other situations, it will not be possible to return the accessory, even if it was purchased together with the phone. Loss of presentation is also grounds for the store to refuse to return the goods.

Making a claim

When contacting a seller or store director, it is important to have with you a written claim, executed in duplicate, a passport or other identification document (for example, a student ID), and a receipt confirming the purchase at a specific store.

A typical claim must contain the following information:

• Full name and residential address of the buyer;
• name of the store, its actual and legal address;
• description of the phone model;
• reason for returning the device;
• substantiation of the applicant’s position using references to the norms of Russian legislation;
• requirement for exchange of the device or return of funds;
• date of document execution;
• applicant's signature.

Where to go if your return is refused?

You can always leave your feedback about the store in the book of complaints and suggestions. The seller has no right to refuse to provide it to you.

In addition, the information stand should contain contacts of authorities regulating the activities of such organizations (for example, the Society for the Protection of Consumer Rights).

If the seller refuses to return the mobile device, you have the right to send a similar claim to Rospotrebnadzor, the Trade Inspectorate, etc. In extreme cases, the interested party may file a claim in court to force the recovery of money from the defendant.

Is it possible to return a phone within 14 days if the buyer doesn’t like it?

It happens that you don’t like a recently purchased phone and you want to return it to the store, and the sooner the better.

People faced with this problem often ask the question: “Is it possible to return a phone to the store if you don’t like it within 14 days?” In such a situation, a person must know his consumer rights to know how to behave in such a situation.

Consumer rights

Article 25 of the Federal Law of the Russian Federation “On the Protection of Consumer Rights” states that the consumer has the right to exchange or return a non-food product of proper quality within 14 days, excluding the day of its purchase, if this product has not been used before, its presentation and consumer properties have been preserved, and it is not included in the list of goods that cannot be exchanged or returned.

The procedure for exchanging and returning low-quality goods is described in Article 18 of the Federal Law of the Russian Federation “On the Protection of Consumer Rights”.

List of technically complex products

There is a list of technically complex products for which refunds are made only after an examination. This list includes following products:

• light aircraft, helicopters and aircraft with internal combustion engines;
• passenger cars, motorcycles, vehicles with internal combustion engines;
• tractors, walk-behind tractors, agricultural equipment with an internal combustion engine;

snowmobiles and vehicles with internal combustion engines;

sports boats, tourist and pleasure boats, boats, yachts and floating transport vehicles with an internal combustion engine;

navigation equipment and wireless communication, having a touch screen and having two or more functions;

system units, computers, laptops, personal electronic computers;

The consumer must provide a cash receipt or sales receipt for the product, which confirms its purchase.

laser or inkjet multifunctional devices, monitors with digital control unit;

kits satellite television, game consoles with a digital control unit;

TVs, projectors with digital control unit;

digital photo and video cameras, lenses for them and optical photographic and film equipment with a digital control unit;

refrigerators, freezers, washing machines and dishwashers, coffee machines, electric and combined stoves and ovens, air conditioners;

wristwatch and pocket mechanical, electronic-mechanical and electronic, with 2 or more functions;

electrified tool(manual and portable electric machines).

Read here whether a laptop is a technically complex product and whether it can be returned.

Is it possible to return a phone that does not fit to the store?

A person who bought a new mobile phone, but for one reason or another it did not suit him, will first of all ask question“Can I return the phone back to the store without explanation if I don’t like it?”

Since a cell phone is a technically complex product and is included in this list of goods, it cannot be returned back to the store or exchanged, even if 14 days have not passed, and even if it is in working order.

You're not happy with the color, it's uncomfortable to hold, you're not happy with the model, you're just tired of it - the phone can be exchanged as an exception, but only within two weeks.

After a two-week period, the seller will refuse to exchange or return the phone to the consumer according to the law.

What documents do I need to provide?

When deciding to return a purchased cell phone back to the store, the consumer needs to follow some rules for communicating with store employees in order to avoid unnecessary scandals and resolve the problem as quickly and efficiently as possible. Algorithm of actions:

• It’s better to come with a demand for a return or exchange of a phone large stores, and not to small points or online stores;
• it's better to talk with superior employee, and not with a sales consultant;

There is no need to speak rudely to the staff, shout, threaten or throw a tantrum.

not worth it say that you didn’t like the device;

as a bonus: The buyer may hint that he is a repeat customer.

When contacting a store requesting a return or exchange on the day the phone was purchased, the buyer must provide document, confirming the purchase of this product and the phone itself is complete.

If the buyer applies within the period provided by law (14 days), then he needs to provide identification and write statement with the obligatory indication of the reason why he wants to exchange or return the goods.

A sample application for return or exchange of goods within 14 days from the date of purchase can be downloaded from this link.

Conditions for returning or exchanging a device with faults

You can exchange or return money for a phone with defects, If:

• Refunds are made within 14 days after purchasing the product;
• Buyer using examination proved that the phone is defective due to the fault of the selling party (in case there is no warranty card, and if there is one, the seller must prove the unlawfulness of the buyer’s claims). The buyer has the right to challenge the examination carried out by the seller and appoint a new one;
• The seller could not prove guilt the buyer's phone is faulty;
• Return of goods is possible within 1-2 years under warranty.

Refunds for defective goods are made within 10 days after filing a claim.

If the product was purchased through an online store?

The return of a phone purchased through the online store is carried out within 7 days from the time it is received or at any time before its transmission.

If information about the procedure and terms for returning the goods was not provided to the buyer in writing at the time of delivery of the goods, then the return is carried out within 3 months from the moment of delivery of the goods.

How long does it take to apply?

The return of a cell phone of good quality is carried out within 14 days from the moment of payment for the goods. A cell phone of poor quality can be returned within 15 days after purchasing the product or within 1-2 years under warranty.

Yesterday I bought a phone (smartphone). I bought it hastily, because circumstances forced it. I needed a phone very urgently. When I bought it, I came home, started to figure it out, and found out that those functions on the phone that are fundamental to me do not work well. To be more precise, the music is played in very poor quality (I looked in the settings, downloaded all kinds of programs, but nothing helped, the problem was with the phone). Also, the cameras that are stated as 13-megapixel and 5-megapixel work poorly. The pictures are cloudy and of poor quality. Can I just exchange this phone for another phone in the same store?

Olga

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Answers

Stryukovaty Vladimir ValerievichLawyer

Yes. Within 14 days from the date of purchase, you can exchange the product for a similar one if you have a receipt.

In accordance with the consumer protection law, any buyer has the right to exchange a product that does not suit him in size, style, color, configuration or any other reason within 14 days from the date of purchase. Moreover, the day of purchase is not taken into account when reporting these 14 days. It is worth noting that the product can be exchanged in this way if it has not been used, if its presentation has been preserved, labels and tags have not been torn off, packaging has been preserved, etc. When presenting a request to the seller to exchange goods, you will need to present a cash receipt or sales receipt (or any other document confirming payment for the exchanged goods). Even if you have lost a receipt or other document, you have the right to refer to witnesses who can confirm the fact of purchasing the exchanged product from this seller.

The Decree of the Government of the Russian Federation established restrictions on the exchange of certain types of goods, including telephones. BUT... The grounds for exchange are very broad: the product does not fit in shape, dimensions, style, color, size, or for other reasons cannot be used by the consumer. Such an unlimited list makes it almost impossible to refuse an exchange due to the lack of grounds for this.

The legal uncertainty of the latter basis caused its exclusion from the first paragraph of paragraph 1 of Art. 25 of the Law and bringing this norm into compliance with paragraph 1 of Art. 502 of the Civil Code, where instead another basis for exchange is indicated - inappropriate equipment (Federal Law of the Russian Federation of December 17, 1999 N 212-FZ).

That is, by referring to the specified norm, you can present to the seller the fact of unsuitable configuration of the product as a basis. For example, poor camera resolution, quiet polyphony, lack of any function, etc.

How to return the phone to the store and is it possible to do this? You can’t imagine a modern person without a gadget in his hands, and children already know how to use phones from infancy. A telephone is undoubtedly a necessary thing, because without communications and the Internet we feel out of place. But it also happens that a brand new device purchased turned out to be defective, or you didn’t like its model or color. This is where the question arises - how to return the phone to the store. By law, returns are possible, but with some reservations.

There are three legal acts governing the return or replacement of purchases:

• Civil Code;
• Law No. 2300-1 (on the protection of consumer rights);
• Resolution No. 55.

Both the Civil Code and Article 18 of the law say that if problems are detected in the phone, you can demand from the seller, importer or manufacturer (your choice):

• replacement with the same but working device;
• replacement with a phone of a different model (with additional payment or refund of the difference in price);
• discounts for marriage;
• repair;
• refund.

At the same time, about everything about everything you have 15 days from the date of purchase to file a claim with the seller.

Important : The same article contains a caveat - the period may be longer than 15 days if:
– the phone has a significant drawback (it cannot be used);
– the seller violated the repair deadline;
– after repeated repairs, the phone did not work for more than a month (for a total of a year).

And Article 25 of the law says that you can replace a quality product if you suddenly don’t like it. Only a telephone is a technically complex product, which, unfortunately, is included in the list of products that cannot be exchanged or returned if there are no defects in it.

Important:
in the wilds of the Internet, you can come across publications claiming that phones are not household radio electronics, but a portable station, and therefore are not included in the list of quality goods that cannot be returned. However, this is far from true, because back in 2002, changes were made to Resolution 55, where the list includes telephone sets, which also include mobile phones.

What to do if your phone is broken

First, you need to decide what you want:

• exchange the phone for the same, but working one;
• exchange for another;
• repair at the store's expense;
• return the money.

You are free to choose any of the options and it will be legal. The seller has no right to force you to choose an option that is profitable for him. If they object to you that phones are not replaced, but repaired, you can safely refer to Article 18 of the ZPP Law!

Now you need to decide who to write a complaint to - the store, the manufacturer or the importer. Both the importer and the manufacturer are always indicated on the box or in the instructions for the phone.

Phone warranty

According to Article 5 of the law on STDs, the warranty period can be assigned either by the seller or the manufacturer. But this is only a right, not an obligation. At the same time, if the period is not established (there is no warranty card or it is not indicated in the instructions for the phone), then under the second part of Article 477 of the Civil Code you can write claims within two years from the date of purchase.

Important: If you paid for an additional warranty, this means that the period in which the phone can be repaired free of charge is extended.

Advice: if you bought a phone, smartphone or communicator for your loved one, daughter, son, mother or father – keep all the pieces of paper issued in the store attached to your purchase. Also store all supplied accessories in the device box when you are not using them. For the entire warranty period, keep the kit: charger, headphones, headset, in general, everything that the phone was sold to you with.

Some sellers claim that if the warranty is established, then the malfunction must be eliminated, and there is no question of replacing or returning the device. However, this is not true at all!

There is a guarantee, if there is none, there is no need to think about repairs, because a new, working item cannot be compared to an already repaired one!

How to get money back for a phone

So, you decided not to exchange the phone for another one, but to return it and take it back money. The procedure will be as follows:

• we assemble the kit into a phone box;
• we make copies from a cash receipt, sales receipt or from a receipt for payment by card;
• we write identical statements addressed to the management (each retail outlet should have a consumer corner where you can find out the address and the manager or individual entrepreneur);
• let's go to the store;
• we present a claim to the administrator (let the administrator sign and put a number on one copy, take it for yourself).

Important: although refusals are now rare, they still happen, explain to the seller that in court you will recover not only the price of the phone, but also moral damages, a fine - half the price of the phone, and legal costs.

By the way, about the timing - The following deadlines are established by law for all procedures::

• money back – 10 days;
• phone replacement – ​​a week (if there is nothing to change yet, the period increases to 20 days);
• repair – 5 days (or by agreement with the seller);
• Issue of a working phone for the duration of repair – 3 days.

For each day of delay, you are entitled to a penalty from the seller - 1% of the price of the phone!

About issuing a working phone: according to Part 2 of Article 20 of the ZPP Law, while your phone is being repaired, the seller is obliged to provide you with a working phone with the same properties as the defective one. That is, if you have a smartphone, then they should also give you a smartphone - with access to the Internet, with the same number of SIM cards, with Wi-Fi, etc.

After the claim and the phone included are accepted, the seller must conduct an examination at his own expense. And your right is to be present during it! If you want to attend, write down your desire in the complaint and demand that you be informed where and when the phone examination will take place.

Advice: if you know for sure that the phone broke due to your fault (fell into water, from a height, etc.), you should not start a return case; the expert will still find out who is to blame. And in this case, you will have to pay the experts.

The examination is not in your favor, and you were refused a refund? You have the right to conduct it yourself with an independent expert! But it's better to do it in court.

Refused? To court!

According to Article 17 of the ZPP Law, a claim must be filed in the magistrate’s court. At the same time, you yourself have
the right to decide in which court the case will be heard:

• at the place of residence of the individual entrepreneur or registration of the store;
• at your place of residence;
• at the location of the store.

There is no need to pay state duty; consumers do not pay it.

You must bring to court:

• like this;
• copies of checks in 2 copies;
• copies of all statements, also in two copies;
• copies of certificates, refusals and other papers received from the seller.

Important:
Never give the originals of checks or documents to anyone, keep them with you! In court, they can only be shown so that the judge can certify the copies.

When the case is considered, ask the judge to order an independent examination of the phone. Forensic examinations are a serious matter; forensic experts will not agree to forgery. But you will have to pay for the examination personally if the store has already carried out the initial one. But don’t worry, ask the judge to additionally collect the cost of the examination from the store.

In conclusion, advice: Before returning the phone to the store, make sure that it is not broken due to your fault, that it was not dropped by a child, or chewed by a dog. Otherwise, unnecessary expenses cannot be avoided. Yes, and it’s unpleasant. Enjoy the shopping!

Sometimes, after purchasing a new phone, a client discovers unacceptable qualities in it. But is it possible to return the product back to the store and what do the laws say about this?

Is it possible to replace a mobile phone before the 2-week period specified by law has expired?

In accordance with Article 25 of the Law of the Russian Federation “On the Protection of Consumer Rights,” high-quality non-food products can be returned to the store by fulfilling certain requirements. Firstly, the purchased item should not be included in the List of products of good quality prohibited by law from being returned.

This list includes the following products:

• medicines, medical equipment, instruments and consumables;
• personal hygiene products;
• furniture;
• expensive electronic equipment;
• Appliances;
• firearms smoothbore;
• jewelry;
• cars, bicycles and motorcycles;
• animals and plants;
• non-periodical publications.

Secondly, the product must be returned within 14 days from the date of purchase. Thirdly, when returning, you must present a sales receipt or documents confirming the fact of purchase - a barcode on the package, a warranty card, a technical passport. And, fourthly, the purchase must remain intact and have a presentation, all labels, instructions, passport, etc.

But there is still no consensus on whether a mobile phone is a technically complex product or not, like a computer, for example. Therefore, sellers are guided by the provisions of the Rospotrebnadzor letter “On the exchange of cell phones.”

It states that such phones are not classified as goods that cannot be exchanged within two weeks from the date of purchase. The document only indicates an exchange, and a return is expected only if the model is not in the store at the time of the client’s request.

Basically, reputable retail chains and self-respecting individual entrepreneurs always meet the buyer halfway and exchange products without any problems. In this way, lengthy litigation is avoided.

In a situation where a store refuses to accept a phone for exchange, the client can write a letter of complaint addressed to the store owner.

In the document, drawn up in 2 copies, you must indicate the following data:

• store name and details;
• Full name, place of residence and contact numbers of the buyer;
• full name of the product, its model and article number;
• reason for return or exchange;
• personal signature and date of application to the shopping center.

A copy of the sales receipt is attached to the document. Within 10 days, the seller is obliged to respond in writing to the buyer’s complaint, exchange the goods or return the money.

If the buyer refuses to satisfy the legal right, the latter must write a complaint to Rospotrebnadzor. If there is no help for him here, he has the right to appeal to the courts, which will take a very long time.

How can I speed up the exchange or return procedure?

There are nuances in the Law that protect the rights and interests of the consumer. For example, the rules clearly state that the buyer must be provided with a complete set of information about the product. But in practice, no one in stores talks about all the phone’s functions or their absence.

You can often find that instead of detailed instructions, only a small user manual is included with the product. If the buyer actually encounters a similar situation, then when submitting a request for an exchange, he may refer to the lack of comprehensive information about certain functions of the product or its characteristics.

Thus, in any case, it is more profitable for both parties to reach a mutual compromise than to start a lengthy legal battle. For example, the store and the buyer agree not on a full return of the product, but on an exchange for an analogue or another model with recalculation of the cost.

What documents are required to exchange or return a mobile device?

When buying a mobile phone, there is no need to rush, because the product is not cheap. But since it so happened that you quickly stopped liking it, it is better to exchange it immediately, on the day of purchase.

Thus, the marketable appearance of the model will be preserved and the seller will have fewer reasons for refusal. The consumer needs to have a fully equipped phone and all documents with him: a sales receipt and an instruction manual with a warranty card.

If a store customer makes a request within 14 days of purchase, he should write a statement indicating the reason for returning the purchase.

They may be different: I didn’t like the color, some functions are missing, the package is not complete. If the buyer refuses to explain his motives, the seller has the right to refuse to satisfy the request on formal grounds.

Features of returning a smartphone if it was purchased remotely

You are allowed to return or exchange a mobile phone you don’t like purchased from an online store until you receive the purchase or within 7 days after its delivery via mail or courier.

To do this, the buyer must contact the shopping center by phone and explain the reason, and if necessary write a statement. If the store cooperates, the goods will be exchanged, or the money will be returned within 10 banking days.