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

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 everyone 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 grounds 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.

Mobile phones are very popular among people, everyone especially tries hard to buy the best models from famous brands. However, not everyone can afford them, and in the pursuit of budget devices from branded smartphones, you can often stumble upon low-quality devices that do not even meet the declared characteristics. Because of this, very often from consumers, sellers receive demands and claims for a refund for the phone. So how does this happen? How to file a claim for the return of a phone and get the money paid for it back?

Easiest return

The easiest way to return a defective device is to go to the store where it was purchased within 15 days from the date of purchase. In this case, you will not have to file a claim for a refund for the phone.

• keep the box and all documentation for the device;
• keep the screen intact and with the factory coating;
• keep all components (charger, headphones, etc.).

If these conditions are met, there is no need to present a receipt if there is at least one witness to the purchase. In this case, the seller can take the phone and conduct an examination within ten days to determine the cause of the breakdown. After this, the money for the phone is returned or it is replaced with another similar device at the buyer’s request.

It is very rare that sellers refuse to accept returns, especially branded stores. But if this does happen, you need to immediately write a claim for an exchange or return of the mobile phone and present it to the seller.

Procedure for filing a claim

First, you need to clarify the exact details of the person to whose name the claim will be sent. The seller is obliged to provide this information upon the first request of the consumer. But even if he refuses, the data can be found in the “consumer corner” of any store.

1. A standard “header” is written in the upper right corner of the sheet, as in any other application. It contains the name of the store or administrator, its address, as well as data of the consumer who is sending the claim, including residential address and mobile phone number for communication.
2. After the header, the name of the document is written in the center. In this case it is “Claim”.
3. The essence of the complaint is outlined below in order. It is necessary to indicate the date of purchase, the price of the device and the characteristics of the detected defect. If it is impossible to understand the defect, simply point out the fact that there is a breakdown.
4. After this, you need to enter the requirement itself. The consumer can aim to exchange the phone for another one of adequate quality, or get a refund. In this part, it is advisable to indicate the rule of law, namely, refer to Article 18 of the Law “On Protection of Consumer Rights”.
5. Referring to the same norm, you must indicate that the claim will be considered within 10 days from the date of filing. You can also indicate your right to go to court and demand penalties.
6. At the very bottom of the document, the date of its preparation is indicated and the signature of the person filing the claim is affixed.

However, these are only the minimum requirements for the content of the claim. A sample claim for a refund is not a unified, mandatory form of document. If there are any specifics of the individual situation and complaints about low-quality goods, they must be indicated. Each of the points can be expanded or reduced at the discretion of the consumer, but the content must remain unchanged.

Submission and delivery of a claim

Simply submitting a claim to the seller is not enough. It is necessary for him to put his receipt stamp on the copy of the claim indicating the date. This is very important for determining the timing of consideration. In addition, such a mark will serve as proof to the consumer that the claim has been served.

Usually such a mark is made with the seller's office stamp. If the store operates legally, then most likely it has such a stamp. If this is not the case, a receipt stamp in the form of a signature, surname and initials indicating the date of delivery of any employee officially working there will do.

• invite any passerby as a witness;
• leave the document in the store on any table or counter;
• ask the witness to sign the second copy with a note indicating the seller’s refusal to accept the claim.

Of course, it would be useful to find out more about the witness and write down his contact information if his participation in court is suddenly needed in the future.

Of course, you can send a claim via notification letter, but this will take a long time.

We operate under warranty

Of course, cell phones, especially those from well-known brands, come with a repair warranty. However, it becomes more difficult to replace the device or return the money after 15 days from the date of purchase, even with a warranty. The thing is that only the repair of the device is guaranteed.

For information: repairs under warranty should not last longer than 7 days. Otherwise, the consumer has the right to temporarily replace the device.

But still, in cases where the product has a significant defect, returning a phone of inadequate quality under warranty is possible.

What can be defined as a significant disadvantage?

• due to a manufacturing defect, the device cannot be repaired;
• the cost of repairs is disproportionately high;
• breakdown due to a manufacturing defect recurs even after repair.

It is usually very difficult to prove such a deficiency. To do this, it is necessary to conduct a thorough examination and, better yet, from independent specialists.

In this case, you must provide the seller with a warranty card. It is not necessary to present a sales receipt along with it, since the warranty card form is unique for each seller/manufacturer.

In case of refusal by the seller, it is presented. After which the seller is obliged to conduct an examination to determine whether there is a significant defect. In this case, the claim must indicate on what grounds you considered this or that manufacturing defect to be significant. A sample phone can be used for these purposes.

Each individual case is different from the other, so it is impossible to suggest a universal method for achieving the goal in this case. However, there are some unspoken rules that you can follow to increase your chances of having your claim satisfied and getting back the money you paid for a low-quality mobile phone.

• the sooner a claim is filed, the better;
• when submitting for examination, it is necessary to draw up a report on the technical condition of the device;
• the claim procedure is not a mandatory procedure; you can immediately go to court;
• do not stop at the first refusal of the seller, but go to the end;
• consult an experienced lawyer.

The fact that the seller refused even after an examination does not mean at all that the consumer is wrong and that he is to blame for the breakdown. Many sellers refuse simply in the hope that consumers will not contact Rospotrebnadzor or go to court to sort it out. After all, most of them do just that and don’t even hope to get a refund for the phone.

Therefore, under no circumstances should you give up your intentions. Even if the trial is a long process, you need to defend your interests until the very end and the money will return to you. In court, you can present not only your expertise, but also give an example of a similar situation. As practice shows, in most cases the court makes a decision in favor of consumers.

In addition, not only the court, but also Rospotrebnadzor can help. This body has broad powers in the field of consumer protection and can influence entrepreneurs through legal means.

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

In addition, you can read the instructions on how to

Sample claim for exchange (return) of a phone

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

CLAIM
about exchange (return) of a mobile phone

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

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

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

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

Signature_____ /Petrov P.P./

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

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

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

Yakovenko Denis, Mobiset.ru

Good afternoon Inna!

Firstly, the following data is required to draw up your claim (according to the norms):

2. It is necessary to study the contract (purchase and sale), what are the conditions and guarantees?

2. How did your phone break? Is it a manufacturing defect or did you drop it, drown it, etc.? This is necessary to know.

3. As I understand it, you sent it in for repairs - what did they tell you at the service center? that it will be returned later - already repaired? or is it impossible to repair*? or do they even refuse to return it without explanation?

Without finding out all the data (indicated by me above), I cannot make you a claim that is correct in all respects because I simply do not know all the circumstances of the case.

I am sending you an example:

To the Director of CJSC TeleSvyaz
from Ivanova Inna Alexandrovna

living at the address:
Rostov-on-Don, st. 5th Sovetskaya 100, apt. 1
(tel. 111-11-11)
CLAIM

05/11/2008 I purchased a cell phone and a memory card for it in your store, which is confirmed by the presence of a receipt and a warranty card. The warranty period is 36 months.
During operation (after two months) it turned out that the phone with a memory card did not work - a manufacturing defect. When concluding a purchase and sale agreement, I intended to purchase a quality product that complies with GOST, without any defects, and the seller guaranteed the quality. 05/24/2008 I filled out an application for repair of a cell phone according to warranty card No.... The phone was accepted by employee -M... Within 45 days the repair was not completed and they refuse to return the phone to me for the reason....
In accordance with Article 18 of the Law of the Russian Federation “On the Protection of Consumer Rights,” a consumer to whom a product of inadequate quality was sold, if it was not agreed upon by the seller, has the right to refuse to execute the purchase and sale agreement and demand the return of the amount of money paid for the product, as well as compensation all damages caused.
In accordance with Art. 22 of the Law of the Russian Federation “On the Protection of Consumer Rights” the deadline for satisfying certain consumer demands, including refunds, is 10 days from the date of receipt of the request. For delay Art. 23 of the Law of the Russian Federation “On the Protection of Consumer Rights” provides for a penalty in the amount of 1% of the price of the goods for each day of delay in satisfying the claim, and the amount of the penalty is not limited.
In connection with the above
ASK:
- immediately return the amount of 10,000 rubles paid for a phone of inadequate quality;
If the stated requirements are not met within the prescribed period, I intend to file a claim in defense of my rights in the courts with the requirements specified in the claim, as well as a demand for compensation for moral damage; court, in accordance with Art. 13 of the Law on the Protection of Consumer Rights, imposes a fine on the seller for failure to comply with consumer requirements voluntarily. Your organization may also be charged a state duty and an enforcement fee.
Applications:
1) a copy of the consumer’s application for a refund dated May 24, 2008;
2) a copy of the warranty card;
3) copy of the check;
4) a copy of the service center’s work completion report;
November 25, 2008 I.I.

The applicant purchased a mobile phone from the organization. The product turned out to be of poor quality. The applicant approached the organization with demands to terminate the purchase and sale agreement and return the funds, but was refused. The applicant proposes to terminate the purchase and sale agreement. Refund the money paid. Compensate for moral damage caused and pay for legal services.

At LLC "_________________"

___________________________________
Address: _____________________________

CLAIM

I am _________________, the Applicant for this claim, in the year _________, purchased from you a mobile phone of the brand (model) “_________”, paying for the specified product a sum of money in the amount of ________ rubles __ kopecks.
In accordance with paragraph 1 of Art. 10 of the Federal Law “On the Protection of Consumer Rights”, the manufacturer (executor, seller) is obliged to promptly provide the consumer with the necessary and reliable information about goods (works, services), ensuring the possibility of their correct choice. For certain types of goods (works, services), the list and methods of communicating information to the consumer are established by the Government of the Russian Federation.
According to para. 1 clause 1 art. 12 of the Federal Law “On the Protection of Consumer Rights”, if the consumer is not given the opportunity to immediately receive information about a product (work, service) upon concluding a contract, he has the right to demand from the seller (performer) compensation for losses caused by unjustified avoidance of concluding a contract, and if the contract is concluded, within a reasonable time, refuse to fulfill it and demand the return of the amount paid for the goods and compensation for other losses.
When I purchased this phone, your employee (sales consultant) informed me that in standby mode the phone works up to 288 hours (which is also confirmed by the product’s operating instructions), and that the battery charge will last for at least 5 days.
Arriving home, the phone battery was completely discharged, after which I put it on charge. However, after the battery was fully charged, the phone lasted no more than seven hours in standby mode, which is significantly less than the stated technical characteristics of the product and does not make it possible to use the product purchased from you in the conditions in which it is intended (using the phone for several days without recharging ). Moreover, under such conditions, the phone will work much less during talk mode, which creates certain inconveniences in its use.
____________, I appealed to you with a demand to terminate the retail purchase and sale agreement concluded between us and to return the amount of money paid for the goods, but my demands were refused and your employees took the phone for examination.
I believe that due to your actions, expressed in the failure to provide me with complete and reliable information, and the sale of goods with defects, I have the right to refuse to fulfill the sales contract and demand the return of the amount of money paid under the contract.
In accordance with Part 1 of Art. 451 of the Civil Code of the Russian Federation, a significant change in the circumstances from which the parties proceeded when concluding an agreement is the basis for its modification or termination, unless otherwise provided for by the agreement or follows from its essence.
Due to your violation of my rights and legitimate interests as a consumer, illegal refusal to terminate the oral retail purchase and sale agreement concluded between us and the return of the amount of money paid for the goods, I had to seek legal assistance from LLC "__________", paying for the service provided to me in the amount of __________ rubles __ kopecks.
According to paragraph 1 of Art. 15 of the Civil Code of the Russian Federation, a person whose right has been violated may demand full compensation for the losses caused to him, unless the law or contract provides for compensation for losses in a smaller amount.
Clause 2 of Art. 15 of the Civil Code of the Russian Federation establishes that losses are understood as expenses that a person whose right has been violated has made or will have to make to restore the violated right, loss or damage to his property (real damage), as well as lost income that this person would have received in normal circumstances. conditions of civil circulation, if his right had not been violated (lost profits).
Since I do not have a legal education, and drawing up this claim is difficult for me, I needed to seek legal assistance, and in this regard, I believe that I have the right to be reimbursed for the expenses I incurred for legal services in full.
Also, your illegal actions caused me moral harm, which I estimate in the amount of __________ rubles ___ kopecks.
Article 15 of the Federal Law “On the Protection of Consumer Rights” establishes that moral damage caused to the consumer as a result of violation by the manufacturer (performer, seller, authorized organization or authorized individual entrepreneur, importer) of consumer rights provided for by the laws and legal acts of the Russian Federation governing relations in the field of protection consumer rights, is subject to compensation by the causer of harm if he is at fault.

Based on the above, and guided by paragraph 1 of Art. 10, para. 1 clause 1 art. 12, art. 15 Federal Law “On the Protection of Consumer Rights”, Art. 15, art. 451 Civil Code of the Russian Federation,

I SUGGEST:

1. Terminate the oral retail purchase and sale agreement concluded between us dated __________.
2. Return the amount of money paid under the specified agreement in the amount of ___________ rubles ___ kopecks.
3. Pay me compensation for legal fees in the amount of _________ rubles ___ kopecks.
4. Pay me compensation for moral damage in the amount of _______ rubles ___ kopecks.
5. Inform me about the decision made in writing to the address: ___________________________.

Application:
1. A copy of the cash receipt dated ______________.
2. Copy of Receipt No. _______________ dated __________.
3. Copies of documents on payment for legal services.

" " _______________ G. ______________ /______________/