Claim for a refund for a smartphone. How to write a claim for a refund for a purchased phone

The document form “Claim for poor quality phone” belongs to the “Claim” section. Save the link to the document on social networks or download it to your computer.

To the Director of Store No.__ LLC "___________"

________________________________

from ___________________________________
_______________________________

P R E T E N Z I
___________ year in store No. __ LLC "________" I purchased a mobile phone brand "___________", paying its cost in the amount of ____ rubles, which is confirmed by a cash receipt.
However, initially, during the operation of the phone, numerous malfunctions were identified, indicating the impossibility of its use.
The service company that repaired the phone also came to this conclusion.
In particular, faults were found in the battery and receiver, which is unacceptable for this type of product.
I immediately notified the employees of the administration of store No.__ LLC "_________" about what happened, who have not taken any specific measures to date.
According to Art. 4 of the Law of the Russian Federation “On the Protection of Consumer Rights”, the seller is obliged to sell to the consumer a product that meets the quality requirements of the mandatory standards, the terms of the contract usually presented, as well as information about the goods.
In accordance with Art. 18 of the mentioned Law, the consumer, in the event of detection of defects in the goods, if they were not specified by the seller, has the right, at his own choice:
demand replacement with a product of the same brand (same model and (or) article);
demand replacement with the same product of another brand (model, article) with a corresponding recalculation of the purchase price;
demand a proportionate reduction in the purchase price;
demand immediate free elimination of defects in the goods or reimbursement of costs for their correction by the consumer or a third party;
refuse to fulfill the purchase and sale agreement and demand a refund of the amount paid for the goods. At the request of the seller and at his expense, the consumer must return the defective product.
In this case, the consumer also has the right to demand full compensation for losses caused to him as a result of the sale of goods of inadequate quality. Losses are compensated within the time limits established by this Law to satisfy the relevant consumer requirements.
These requirements are presented by the consumer to the seller or an authorized organization or an authorized individual entrepreneur.
The consumer has the right to present demands to the manufacturer, authorized organization or authorized individual entrepreneur, importer.
The consumer's absence of a cash or sales receipt or other document certifying the fact and conditions of purchase of the goods is not grounds for refusal to satisfy his requirements.
The seller (manufacturer), authorized organization or authorized individual entrepreneur, importer are obliged to accept goods of inadequate quality from the consumer and, if necessary, carry out a quality check of the goods. The consumer has the right to participate in checking the quality of the product.
On the basis of the Law of the Russian Federation “On the Protection of Consumer Rights,” I demand that within ten days from the receipt of this claim, the full cost of the telephone brand “_________” in the amount of ____ rubles be returned to me, as well as pay the expenses spent on legal services in the amount of _______ rubles.
If the claim is rejected, in order to protect my rights and legitimate interests, I will be forced to go to court demanding compensation for penalties, moral damages, as well as a fine to the state in the amount of half the price of my claim.
Please notify me of your decision within the time limit established by law.

______________

" " ____________ of the year

It is no secret that office work negatively affects both the physical and mental state of the employee. There are quite a lot of facts confirming both.
Every person spends a significant part of his life at work, so it is very important not only what he does, but also with whom he has to communicate.
Gossip in the workplace is quite commonplace, and not only among women, as is commonly believed.

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

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

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

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

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

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

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

Please consider my claim within 7 days.

Claim for return or exchange of phone

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

It is important to write this document correctly.

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

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

Sample claims

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

We also have many sample claims on our website.

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

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

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

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

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

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

Professional consumer protection

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

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

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

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

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

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

Sample claims

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

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

Often, buyers of mobile equipment and electronics are faced with the fact that they have to return the purchased phone. The reason may be that a defect was discovered, that the model was no longer liked or was no longer relevant. Some sellers refuse to return funds. In such cases, a claim for a refund for the phone must be filed.

If desired, the client can immediately go to court with a statement of claim, where he will demand replacement of low-quality equipment or return the funds, but the proceedings will take longer. Resolution of the problem with a written complaint will be faster. Most often, large retailers refuse returns, for example, Euroset, MTS, Beeline, Megafon and others. The algorithm of actions, regardless of which online store or physical company sold mobile equipment, will be the same.

According to current laws, goods can be returned within 15 days from the date of purchase.

According to paragraph 5 of Article 18 of the Federal Law “On the Protection of Consumer Rights”, the seller has the right to demand an examination, which is aimed at checking quality, searching for defects and determining the cause of their occurrence. It is advisable to carry out such a procedure in the presence of the buyer, and if this is not possible, when transferring the cell phone to the service center, it is necessary to draw up a report containing information about the technical condition of the device at the time of registration of the document. The report usually indicates that the phone has proper appearance, there are no signs of mechanical intervention, opening or water ingress.

Within 15 days from the date of purchase of the equipment, the client has the right to return the purchased phone or smartphone due to a defect of any complexity, and he can choose between the following options for solving the problem:

Replacement with a device of the same brand: an option suitable if the client likes the phone, but has a malfunction. The procedure is free of charge.
Exchange for a device of the same brand or another, including with a monetary surcharge. This option is suitable if the client encounters a problem specific to a batch of devices, a specific model, or decides that he does not like the purchased device.
Reduced cost if the device has a minor defect.
Free repair of damage or compensation for repair costs in the workshop.
The client may demand a refund and leave the phone in the store.

In addition, after 15 days from the date of purchase, a citizen has the right to request a refund or replacement of the device in the following cases:

There are significant problems. These include defects that cannot be eliminated, repeated malfunctions and breakdowns that require expensive repairs.
The client returned the device to a service store to eliminate the defects, but the repair period took more than 45 days or exceeded another period specified in the acceptance receipt. The law sets a 45-day maximum period for a store to repair a sold device.
During the year of warranty, the client took the equipment to the service center several times for repair, and the total duration of the device being repaired exceeded 30 days. If the warranty period has expired, exchange will not be possible.

Preparing to file a claim

The document is drawn up in electronic or printed form and can be written by hand on an A4 sheet. The form is sent to the legal address. To prevent the seller from citing that he did not receive the claim document, it is advisable to send it by letter with notification.

Before filing a claim for a refund for a phone, you need to clarify the details of the store where the client purchased this sample. In addition, the application indicates the address of the company. You can find out information online on the bulletin board on the organization’s website or from employees by calling directly. Such information is publicly available and the company cannot refuse to provide it.

Drawing up a claim for a refund for a phone: content, structure, sample

Before drawing up, you need to find out how to correctly file a claim, what should be written in it. To draw up a claim for a refund for a telephone, you can use a sample by downloading it on the legal portal, or write it yourself, having studied the structure of writing claim letters.

The structure includes the following points:

In the upper right corner the name of the selling organization and contact information are indicated. It is important to provide the correct legal address, which may be different from the physical location of the store. Under the company data you need to write your data (full name, contacts, address).
The word “Claim” is indicated in the center of the sheet.
Below you need to write when the phone was purchased, where exactly, what is the inadequate quality of the device, when it was detected. It is advisable that the client indicate that he has a check. This allows you to confirm that he bought the phone in a specific store. If the model was purchased on credit, this must also be noted. Here you can indicate the full name of the specific employee who sold the goods, but this information is optional.
The next paragraph requires you to indicate that the behavior of the seller organization is a violation of the buyer's rights, citing the law on the protection of consumer rights. Here, a requirement is drawn up to eliminate defects of low-quality goods and describe the consequences facing the company in case of failure to fulfill obligations (petition to court, recovery of material and moral damage, payment of legal costs).
At the end there is a date, signature, information about the documents that the applicant must attach to the form (for example, a check, a GOST certificate).

How to properly submit a claim

The original of the completed complaint is handed over to an employee of the organization, who must sign the copy and indicate the date of receipt, time and full name. A photocopy of the document must be kept until the problem is resolved.

If the company does not want to accept the form and returns the claim, it is recommended to send it by mail with a return receipt requested. If there is no response to the letter or the seller has not given reasons for the refusal, you need to take forms confirming that the claim was served and file a statement of claim in court.

Deadlines for satisfying requirements

According to the law, requests for replacement of faulty equipment must be satisfied within 7 days. If the seller insists on an independent examination, the period increases to 20 days. In addition, the period may increase to a month if the client requires a replacement device, but at the moment an analogue or the same model is not available. If the procedure for repairing or exchanging a phone takes more than a week, the buyer has the right to request another model from the seller for temporary use.

According to Article 22 of the Law on the Protection of Consumer Rights, refunds must be made within 10 days from the date of receipt of the claim. If the trading company does not satisfy the demand within this period, then for each day of delay the client has the right to claim a penalty for damages. Its size is 1% of the amount of the goods, collection is usually formalized through the court. When resolving the problem in court, the buyer can demand compensation for material and moral damage. Payment of costs (duties, payment for filing a claim, etc.) also falls on the seller if he is found guilty.

What to do if the claim did not help?

Experience shows that filing a claim does not always help you get your money back or exchange your purchased phone. The seller may state that no defects were found as a result of the examination, or claim that the malfunctions were not his fault, and the buyer himself broke the device. Many consumers, having learned about the refusal, decide not to fight for their rights, but simply purchase equipment in another store. This is what the seller is counting on, but the most correct decision after receiving a written refusal would be to go to court.

You can file a claim yourself or involve an experienced lawyer in the case. In this case, the application should indicate not only the requirement for compensation for material, but also moral damage. Usually the court satisfies it in whole or in part. If the seller returns the statement of claim, it is required to use it as an annex to the claim, indicating a violation of rights.

Subtleties and nuances

By law, the consumer has the right to return equipment to the store, including a phone or smartphone, if 15 days have not passed from the date of purchase. It is better to submit a claim as early as possible, since then the chance of a positive decision will be higher. However, he does not have to explain the reasons for the return.

If the seller insists on conducting an independent examination, the consumer can be present and observe the diagnostic procedure.

Based on the diagnostic results, the law provides:

Filing a claim for a refund for a faulty phone helps resolve a problematic situation when the seller refuses to fulfill its obligations to provide a quality product. If the claim is not considered within the prescribed period or the company tries to return the document, the case can be resolved through the court.

sample claim phone number

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

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

Below we present to your attention an example sample claim for a refund for poor quality telephone

To the head of LLC "ХХХХХХХХХХ"

(indicate seller's full name)

Moscow, Red Square, 300

(indicate the seller's address)

from Ivanov Ivan Ivanovich,

(Your Last Name, First Name, Patronymic)

residing at the address: Moscow, Red Square, 301

(enter your address)

tel. 000-00-00

(indicate your contact phone number, mobile is possible)

CLAIM

On January 01, 20___ (indicate the date of purchase) I purchased a phone _____________ (indicate the name and serial number) worth _____________ (indicate the cost) rubles in your store. The product comes with a 1 year warranty (if applicable). I did not violate the operating rules specified in the user manual, despite this, after three months (indicate the period of use or when a defect was discovered) of use, the phone stopped turning on (describe the nature of your defect). I applied for warranty repairs, but a month after the defect was eliminated, it reappeared, so the defect is significant.

Based on the above and in accordance with Article 18 of the Law of the Russian Federation “On the Protection of Consumer Rights,” I terminate the purchase and sale agreement. I demand a refund of the amount of money paid for the goods in accordance with Art. 22 of the Law “On Protection of Consumer Rights” deadlines.

Application:

1.Copy of the receipt (if available)

2.Copy of the warranty card (if available)

Signature

"__" __________ 20__

Presentation:

Claim is drawn up in two copies, one of which is given to the seller (manufacturer, performer), and on the second the seller (manufacturer, performer) makes a note about its receipt. Any employee of the seller (manufacturer, performer) can sign for receipt of the claim; you must ensure that your counterparty not only signs for receipt of the claim, but also sets the date of delivery.

Buyers can independently protect their rights and interests. Next we will talk about how to get your money back. For example, for the phone. This document serves as a means of protecting the interests of the buyer. Therefore, you should not neglect them. There are rules by adhering to which you can easily return money for a particular purchase. So how is a claim of the established form drawn up? What should every person know about the process?

Definition

First you have to figure out what kind of paper we are talking about. What is a claim? As already mentioned, this is a document that allows the population to protect their interests and rights.

Thus, a refund claim is a way to protect the buyer. This is a kind of business letter that does not have any significant features. It is a way of pre-trial proceedings with organizations. But not everyone understands how to file a claim for a refund. Therefore, this process will be discussed a little later.

Law on Consumer Protection"

It is important to remember that claims do not always take place. The point is that the buyer will be able to get his money back for any purchase if he complies with the law “On the Protection of Consumer Rights”. It specifies the rules for purchasing goods. If they are violated, you can file a claim and get your money back for the phone.

If the law protecting the rights of buyers has not been violated, then the relevant organization is unlikely to respond to the application. After all, there must be reasons for any complaints. Sometimes the blame for the violation lies with the person who buys the mobile phone. This fact will have to be taken into account.

Let's assume there are grounds for the complaint. How to file a claim for a refund in this case?

It's not too difficult to do this. Especially if the citizen has already worked with business correspondence. It is enough to adhere to the basic rules of writing a document.

More precisely, we are talking about the following norms:

the text presented must be logical;
information is presented in a business style;
the complaint should not contain any jargon or profanity;
The document is concise and clear.

Accordingly, it is necessary to present only facts and information that can influence the organization’s decision. There should not be any unnecessary data.

Components of the document

How to file a claim for a refund for a phone? To do this, you will have to understand that this document has a certain structure. Compliance with it greatly simplifies the task.

Today, a claim, like any other business document, consists of:

"caps";
names;
main part;
conclusions.

Maintaining such a structure is easier than it seems. Each component of the claim will be described in more detail below. This is the only way to complete the paper 100% correctly.

About the "hat"

The design of the “header” plays a huge role. This is a part of a business letter that has no significant bearing on the matter. You'll have to write:

name of the organization (preferably with address) to which the document is sent;
Full name of the head of the company (optional);
information about the applicant - last name, first name, patronymic, city of residence;
contact information for communicating with a citizen - telephone, address, email.

This or that information is written in this order. It is displayed in the upper right corner of the page. Each point is a new line.

How to file a claim for a refund? After the “header,” as already mentioned, you must indicate the name of the paper. Preferably with clarification. In the center of the page they write “Claim”. And under this word - the reason for the citizen’s appeal. In our case, this is “Claim for refund for phone”.

About the main part

The most important part is the body of the document. How can you bring the task to life? How to write a claim? To do this, in its main part you will have to talk about:

cost of goods;
the circumstances that preceded the purchase;
reason for the refund;
the amount you want to return.

It is advisable to refer to the legislation when expressing dissatisfaction. If there are certain facts and evidence, you will have to mention them.

How to write a claim for a refund for a phone after checking the quality of the device? It is necessary to conduct an examination (independent), and its results are attached to the document.

The list of attached papers is drawn up as a separate paragraph, coming after the main part. It must be numbered.

Conclusion

Now it’s clear how to file a claim for a refund for a phone. After repair or purchase of goods, this is not so important. The main thing is that the principles of compiling and writing a paper remain the same.

The conclusion of the document is the date of its writing, as well as the signature of the applicant. Usually there are no problems with this component. Therefore, it is often not considered part of the claim at all.

Sample

How to file a claim for a refund for a phone? The sample offered below is just a template for the main part of the appeal. By changing it, you can count on a refund in one case or another.

The claim looks something like this:

“I, (full name, passport details), bought a mobile phone (product model) in the store (name of organization) on April 15, 2010, worth 6,000 rubles, which is confirmed by a receipt. After checking the functionality of the gadget, it turned out that The battery is almost empty. The seller explained that it is enough to charge the device at home, and everything will be fine. The phone was given a 12-month warranty, which is confirmed by the corresponding document.

After charging the phone (model) at home, I discovered that the battery still does not work - it charges 1/3 at any charging time. I conducted an independent examination, the results of which revealed that the smartphone’s battery was initially faulty.

I ask you to return to me the money in the amount of 6,000 rubles paid for the phone (device model), as well as 3,000 rubles for conducting an independent examination. Evidence of the procedure and its cost is attached."

Now it’s clear to get a refund for the phone. If the phone does not fit, then it is unlikely that you will be able to return it to the store. Especially when it comes to long-term use of the gadget (more than 14 days). In fact, everything is simpler than it seems!

Results

How to file a claim for a refund? Now the answer to this question will not be long in coming! The procedure is not difficult, any citizen can handle it.

The letter must be responded to within 10 days from the date of receipt of the complaint. Otherwise, the citizen has the right to protect his interests and rights in court or Rospotrebnadzor.

By following all the listed instructions, you can make any claim. The general design rules apply to this paper.