Is it possible to change the phone the next day? If you don't like the phone, can you return it to the online store? Technically complex product

When purchasing, including cell phones, the consumer must be guided by the consumer rights law, which sets out the basic provisions for the purchase. In general, a phone cannot be exchanged or returned due to the fact that the buyer does not like it. But there is a peculiarity when ordering online, regulated by law.

You can return or exchange your mobile phone only if a defect is discovered. And since the product is technically complex, the exchange period, in case of detection of a malfunction, according to Article 18 of the PZPP, is fifteen days from the date of transfer of such goods to the consumer. Further, the device is subject to warranty service conditions.

In most cases, a “low-quality” phone can be returned under the following circumstances:

Any defect is detected in the phone within 15 days from the date of purchase(Art. 18, Art. 21 PZPP).
A significant deficiency was identified within a period exceeding 15 days(v. 18).

Since cell phones are sold with a warranty, if the examination reveals removable defects, they are subject to the rules of warranty service (2nd case). The phone is sent for repair with the provision of similar functions.

Refunds are possible under the conditions specified in Resolution of the Plenum of the Armed Forces of the Russian Federation No. 17 dated June 28, 2012.

Feature: purchase in the online store

Do not forget about the legal possibility of returning working phones (and not only) ordered via the Internet within 7 days (Article 26.1 of the PZPP).

Reasons for return or exchange and time frame for resolving the issue

During the analysis of the legislative framework, a nuance arises that arises when you want to return the phone.

The disadvantage may be extraneous noise in the microphones, which indicates non-compliance with the standards established by law. Also considered a disadvantage is any breakdown detected during operation, for example, a non-working function in the settings. In this case, it does not matter how much the consumer properties of the phone have been lost.

The seller undertakes to fulfill the buyer’s requirement within the time limits specified by law:

upon return of money– no later than 10 days;
when replacing goods– within 7 days, with examination – no later than 20 days, if the goods are not in stock – no more than a month;
during repairs– no more than 45 days.

How to exchange a phone and get your money back

To exchange the phone and return, follow the following steps.

Step 1. Collect all technical documentation, instructions and warranty receipt, additional devices (charger, etc.).

Providing a receipt and other payment documents is not a prerequisite for returning/exchanging goods.

Step 2. They ask the seller to familiarize themselves with the defect and draw up a report. The process can be recorded by a video camera if informed in advance. If the seller refers to incompetence, ask him to describe the defect in his own words (record the fact) and not interfere with the buyer.

In case of refusal, you should draw up a corresponding act in the presence of witnesses (not relatives) and make a note that you will hand over the phone at the request of management due to lack of trust in the seller.

When purchasing a mobile phone today, a person cares not only about its quality, but also about its functionality and other characteristics. Is it possible to exchange a phone within 14 days for another model if it does not suit the new owner for any reason? Let's figure out whether the phone can be returned or exchanged, and within what time it can be done.

When an item is subject to exchange

The possibility of exchanging goods is provided for in Federal Law No. 2300-1 “On the Protection of Consumer Rights,” which makes this procedure dependent on whether the item is of high quality or not.

If the phone is of poor quality

The buyer of a low-quality device, according to Art. 18, you are given a choice - exchange the purchased mobile phone, return it and receive money back, repair it or compensate for detected deficiencies. With most items this can be done within the warranty period. The telephone is an exception.

According to the list approved by the Government of the Russian Federation in 1998 by Resolution No. 55, this device belongs to goods that have a complex technical device. For this reason, it will not be accepted back into the store after 15 days. They will refuse to do this even if there is mechanical damage. The claim that they occurred before the purchase is legally rejected. The buyer is obliged to inspect the goods at the time of purchase.

If the phone is of high quality

When the device is of good quality, the fact that it is a complex electrical device is again affected (Article 25). Many other products cannot be returned just like that - only exchanged for others after purchase. 14 days are given for this, not counting the day when the transaction took place. The item being handed over must retain its presentation and all consumer properties. The seals must remain intact, confirming that the device has not been opened by the user.

A phone that simply does not suit its appearance, or does not suit the owner with a set of functions, cannot be exchanged or returned. You can look for hidden flaws in it, for this you will need an expert opinion.

But it is possible to hand over a working cell phone whenever the seller wishes. Stores that care about their reputation and try in every way to attract customers are more likely to meet the request halfway and fulfill the request. Before doing this, they will carefully inspect the device for damage and safety of factory seals, and check its functionality.

How to exchange a phone within 14 days

To take advantage of the right to exchange your phone within 14 days after purchase, you should:

draw up a document signed by the buyer and an authorized person of the seller - for a low-quality device. The document is drawn up on the basis of an application from the consumer, where he indicates his claims to the product, substantiates them and makes demands;
prove that the phone was purchased at this particular retail outlet. Store employees will ask you to present a cash receipt or sales receipt. If they are lost, then the testimony of people who were close to the buyer during the transaction will be useful;
make sure that the issue of a new cell phone is registered as a new purchase. This is an important point, because from this day the warranty period begins to count.

When all the requirements are met, and the sellers for some unknown reason refuse to exchange the purchased phone, it’s time to contact an experienced lawyer. He will delve into the essence of the matter and advise what needs to be done to get rid of unnecessary things with maximum benefit, help punish the careless dealer and get moral and material satisfaction.

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.

This story is for those who want to return a mobile phone, smartphone or tablet, or any other product of good quality within 14 days from the date of purchase. I hope the page is indexed by popular search engines. This is not a direct guide to action, but only a direct example that a product of good quality can be returned to the store!

Prelude. My favorite sweetheart decided to give me a birthday present - a Microsoft Lumia 535 Dual Sim smartphone. I must say, she pleasantly surprised me, I even threw the tablet aside and began studying the new device. And the more I poked at the phone screen, the less I liked it. It’s a matter of habit, but I didn’t want to get used to the Microsoft operating system at all. I don’t know how users of this OS are, but Android is much more convenient and familiar. The Microsoft OS store doesn't have the apps I use, and the Microsoft OS interface isn't fun to use.
At the family council, it was decided to return the device to Svyaznoy and get the money back.

Sex. The next day, armed with a phone number and a check from him, I, confident that they would not refuse me, because I didn’t know the law other than Article 25 of the PZPP, came to Svyaznoy and said:
Me: I want to return the phone because... he doesn't suit me. Law on ZPP Article 25, paragraph 1.
Manager: for what reason?
Me: I don’t like the operating system, there are no applications I need, the interface is inconvenient.
Manager: The fact is that this device is technically complex and it is not subject to return or exchange according to the “List of Goods of Good Quality Not Subject to Exchange or Return.
“Nachiloz” - I thought and said:
Me: But we bought the phone only yesterday and the manager told my wife that within 14 days we can return the product back.
The manager stood his ground: The product is technically complex and cannot be returned or exchanged. However, the store may compromise and exchange the goods with your additional payment.
I don't need this product. I was surprised and outraged. I thought that everything could be returned to the store except batteries and medicines. It has now become a matter of principle for me to return the phone and get my money back.
The manager offered to call the contact’s technical support and if they met me halfway, I could return the product to the store. Technical support told me that they would accommodate me and I could return the product and get a refund. I pass the phone to the manager, they tell him that the buyer can return the goods to the store, but at the manager’s discretion and let him look at clause 6.5 of the store’s internal regulations.
Of course, the store’s charter is not in my favor and the manager, in pursuit of a percentage of the transaction, will not meet me halfway.

It was decided to file a claim. There is a lot of information on the Internet about how you can return goods of good quality to the store, but there are also a lot of contradictions.

The final. The manager himself did not seem to expect such an outcome. It seemed that he himself was glad to get this story over with as quickly as possible. It was also interesting that the claim was not accepted. Everything was resolved remotely: the manager scanned the claim, sent it through a special form to technical support and contacted a specialist to have the claim accepted. There she was accepted and decided to immediately close the issue. They examined her, then they called me in for questioning. The girl on the phone said that no claim was needed and that if the phone had no mechanical damage and was in working condition, then my money would be returned. Victory!!!
Study the device immediately, without leaving the cash register.

How long does it take to return the phone? , if it's broken or it just doesn't fit.

Sometimes deficiencies are discovered that were not known about. How to behave and what to do.

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Legislation

Buying a phone today is not just a choice of communication means, but also a device that combines a PC or something else, for example, a means of accessing the Internet. Phones are attractive because they combine many functions and allow you to do many things at once.

This feature also has a downside: the more complex the thing, the more likely it is to discover a hidden defect or it may not be entirely suitable. It is not possible to fully study a sample in a few minutes.

Reviews on the Internet are not interesting to some, while others find them unreliable. In the end, everyone has their own view of things and their quality.

The main act regulating these issues is the Law “On the Protection of Consumer Rights”, and a number of government acts, in particular trade and a list of technically complex goods, as well as the features of their circulation.

These include mobile phones, washing machines and other digital and electronic devices.

The law gives several options to the buyer:

exchange the product if it is of appropriate quality
exchange the product if it is defective
get money back
Part of the amount is refunded if the product has defects
the buyer is paid for repairs or reimbursed for repair costs

If a new product is cheaper or more expensive, the buyer receives an additional payment accordingly or, on the contrary, pays extra himself.

The legislation gives a period during which the buyer has the right to return the purchase or change it if he does not like it - 14 days.

Providing a warranty period gives the consumer the right to restore his rights and compensate for damages within this period. If nothing is said about the warranty period, then the time period for making claims is 2 years.

How long you can return the phone after purchase depends on the reason that prompted you to contact the store.

In a situation where two weeks have passed after the purchase, only claims remain related to defects that were previously unknown and could not be discovered in the store; they were also not specified at the time of purchase.

Claims may be made against the seller within 2 years, even if the warranty is given for a shorter period, provided that the defects were not the responsibility of the buyer.

A defect is considered significant if it cannot be eliminated and it appears repeatedly after repair work. The time and money spent on repairs makes the purchase pointless.

How to defend your rights

The algorithm of actions consists of writing a statement or claim outlining requests to the store or seller, if it is an individual entrepreneur.

The drafting of the document is determined by the goals that the buyer has set for himself. A claim regarding a telephone or a piece of jewelry is different.

The buyer also has the right to declare one of the requirements between which the law offers him a choice. For example, you cannot ask to change the product and return everything at the same time.

The claim states:

to whom is it and from whom
problems encountered are described as thoroughly as possible
formulate your requirement to the seller
Signature and date

You should include a copy of the receipt and copies of other documents confirming the purchase.

The paper is drawn up in 2 copies, on one of them a mark is placed indicating that the document has been accepted by the store.

If repairs are required, according to the law, they are limited to 45 days; the parties have the right to determine a different time.

How long can I return my phone to?

This is the only question on buyers' minds.

While a technically complex product is being repaired, the store is required to provide a similar product for use.

Every time documents are drawn up, the consumer needs to ensure that all dates and circumstances are reflected as they happened.

Otherwise, there will be no reason to complain about the delay in repairs and other actions.

Product examination can be carried out by independent centers that have the appropriate permits, certificates, and licenses.

The Consumer Rights Protection Society will tell you how long it will take to return the phone after purchase. There are many such organizations; lawyers working in the field of consumer rights protection also practice.

Contacting a specialist will help you defend yours. People sometimes lose cases due to ignorance of basic issues. Formalities in jurisprudence are of considerable importance.

Submit your question in the form below

Phone exchange deadline

The phone can be exchanged during the warranty period, and if the warranty is not established or has expired, then within two years from the date of transfer of the phone.

What can you count on

You can not only exchange the phone for another, but also fully compensate for the losses incurred as a result of the sale of a low-quality (defective) phone to you;

Recalculation and additional payment

When replacing a phone of poor quality with a phone of the same brand (same model and (or) article), the price is not recalculated.

When replacing a phone with the same but different brand (model, article), if the price of the old phone is lower than the price of the new one provided in exchange, you will need to pay the difference in prices.

if the price of the old phone is higher than the price of the new one provided as a replacement, the difference in prices is paid to the consumer.

Free legal consultation on product exchange!
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the price of the phone to be replaced is determined at the time of its replacement.

Don't forget to take the following documents with you:

warranty card;
general passport ();
a sales or cash receipt for a purchased phone, but if such documents are missing, you have the right to refer to witness testimony.

if the phone was purchased from an online store

If the seller does not agree to exchange a low-quality phone under warranty

phone replacement: If the examination establishes that the phone has deteriorated through no fault of the buyer, then the seller is obliged to exchange the phone for a new one; otherwise, the buyer will have to reimburse the seller for the costs of storing the phone and conducting the examination.

If the seller does not agree to return money for a low-quality phone for which the warranty has expired or has not been installed.

phone examination: If the seller does not agree to the exchange, the buyer must conduct an examination of the phone himself. In this case, the examination is carried out at the buyer’s expense, since the responsibility for proving that the phone’s defects arose before they were transferred to the consumer or for reasons that arose before that moment lies with the buyer.

Phone exchange: If the examination establishes that the phone has deteriorated through no fault of the buyer himself, then the seller is obliged to exchange for a new one.

Exchange of a good quality phone

Phone exchange deadline

An exchange of a phone of good quality is possible within 14 days, not counting the day of purchase.

Exchange terms

You can exchange your phone if it:

does not suit you in shape, dimensions, style, color, size or configuration;
has not been used and at the same time its presentation, consumer properties, labels, factory labels have been preserved;
does not include this one .

What can you count on

Free legal consultation on product exchange!
Legislation is rapidly becoming outdated, and each situation is individual. Save your time and money - call the numbers below, .

Going to court: If the seller refuses to comply with the statutory requirements even after receiving a written complaint, it is necessary to go to court with an appropriate demand.