The phone is returnable. How to return a working cell phone to the store

A modern person cannot imagine his life without a mobile phone. For most people, a telephone is not only a way to communicate during a conversation, it is also an e-reader, a player, access to social networks, and so on. Therefore, when purchasing a mobile device, a person often does not think about how to return the phone. But after a few days of use, defects may appear, or the device may not be suitable for the owner for a number of reasons. In this case, the buyer thinks about returning the goods. However, not every person understands the intricacies of the Legislation of the Russian Federation and has complete information about their rights.

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Many mobile phone stores refuse to return money, arguing that mobile phones are complex technical products and cannot be returned, and the only way to correct defects in the product’s operation is to return it under warranty within 14 days. However, such actions of store representatives are illegal, because The phone can be returned, but subject to some nuances.

When purchasing a phone, you must keep the receipt, box and its contents in proper form, otherwise the return procedure becomes more complicated. The law gives consumers the right to contact the point of sale of the gadget within 14 days, not counting the day of purchase. Store employees will offer to undergo an examination to identify the causes of the problem. It is not recommended to do this without accompanying documents. The Law states that for consumers, the basis for returning products may be the fact that they did not like the phone in appearance or functionality.

First of all, you need to draw up a claim in 2 copies. The claim form can be taken from the seller or drawn up in any form addressed to the head of the organization where the appeal will be submitted.

The claim must include the following information:

phone brand;
place of purchase of the goods (store, address, etc.);
Date of purchase;
description of the product malfunction;
put forward demands: exchange, return money, repair, etc.

One copy remains with the buyer with a note indicating acceptance of the claim by the seller, the second copy is transferred to the store. The salon representative is obliged, in the presence of the client, to draw up a report describing the external condition of the phone; such actions are dictated by the law on “Protection of Consumer Rights”.

If you agree with the specified description, you can sign and receive a copy of this act.

Based on the claim and the report, an examination is carried out, which takes no more than 45 days. If the buyer is not to blame for the failure of the phone, the store is obliged to satisfy the requirements no later than ten days. The review committee may also decide that the client is at fault. Then it is necessary to conduct an independent examination and file a claim with the judicial authorities.

What the law says

In Article 502, paragraph 1 of the Civil Code of the Russian Federation, you can find confirmation that the buyer has the right, within a 14-day period after the day of purchase of the goods, to return the money or make an exchange. If the new phone exceeds the cost of the returned one, the client makes an additional payment. Article 25, paragraph 1 of the PSA stipulates the possibility of returning products of proper quality within 14 days starting from the next day of purchase. The buyer has the right to return the money or make a compromise with the communication store.

There is also a list of “Technically complex goods”, but mobile gadgets are not included in it. The average person considers a mobile device to be complex in its functionality, but this is not enough for the store to rely on this and refuse to satisfy the claim.

The list of “Technically complex goods” is publicly available on the Internet, where every consumer can familiarize themselves with the products included in it. You can also download the List on our website.

Phone return options

Returning the phone is easy if you resort to the best option - concluding a compromise solution. Such an approach for consumers means resolving the issue in a short time, if no more than 14 days have passed from the date of purchase, not counting the day of purchase. To begin with, the client should describe the situation to the representative of the communication store. It is worth noting that sellers do not resolve such issues, so you can contact the salon administrator or manager.

It is necessary to understand that the conversation with the store and the buyer should be conducted in the spirit of exchange, and not return of goods, because This procedure is more effective than the store will return the money. That is why this method is called “compromise”.

If the store insists on receiving an expert opinion, based on the fact that the product belongs to the list of technically complex goods, the buyer needs to write a statement addressed to the manager. In the complaint, please include all information regarding the purchase. However, the previously purchased phone must be in perfect condition (scuffs, chips, scratches are not allowed, according to the law).

Practice shows that it is possible to return money for a mobile device within 14 days from the date of purchase, not including the day of purchase. After this period, the money is often not returned, but warranty service is provided.

Returning the phone

Products of poor quality are those that have external damage. Such a product can be returned to the store only under warranty conditions. After drawing up the report (1 copy of which remains with the buyer), the phone will be sent for examination, where the cause of the malfunction will be identified. If, based on the results of the examination, the commission comes to the conclusion that the malfunction of the gadget was caused by the owner’s negligence, the product will be returned without repair work and marked “removed from warranty.” If the failure is caused by the manufacturer, the device will be repaired and returned to the owner within 45 days.

It is worth noting that some stores offer customers to independently deliver the phone to the manufacturer’s warranty department, providing this is done promptly. The consumer is not recommended to do this. According to the Law “On the Protection of Consumer Rights”, the seller independently and at his own expense delivers the products to the warranty department and conducts an examination, based on the concluded agreement with the manufacturer.

There are also two types of product returns under warranty:

Returns within 14 days of purchase, not including the day of purchase. Based on Article 18 of the Law “On Protection of Consumer Rights”, the buyer has the right:
- return money for purchased low-quality goods;
- You can insist on having your phone repaired under warranty;
- demand a reduction in the price of the phone.
Return of the phone after 14 days from the date of purchase, not including the day of purchase. Such a return can be made if: a significant defect is discovered in the mobile device that interferes with the correct operation of the phone; if the service period under the product warranty exceeds 45 days.

Based on the above conditions, the consumer has the right to request a refund from the store for the purchased phone, exchange a mobile device and other rights.

If a recently purchased phone fails for some reason, the consumer should not rush to have it repaired, especially at a cost. It is important for consumers at this moment to contact the store with a request to exchange the device for a similar one, or carry out repairs under warranty. After the time specified by law, the buyer will receive either money or a new device if all conditions for using the phone are met. Experts recommend closely monitoring the operation of your mobile device for a 14-day period.

Returning and exchanging mobile phones is no different from the procedure for returning other goods to a retail outlet. The main difficulty is associated with returning a working phone within the first 14 days after its purchase, if the buyer is not satisfied with the device for subjective reasons - he did not like the color, size or set of functions.

Is it possible? Are mobile phones classified as products that can only be returned if they are found to be faulty?

In today's article we will answer this question by studying the modern regulatory framework and judicial practice. Separately, we will talk about how to return a serviceable, high-quality phone and a phone of inadequate quality if a defect or defect is detected in it.

Returning a quality phone

(hereinafter referred to as ZZPP) 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).

You can get a refund for a quality item only if the seller does not have a similar product. But there is one important point. There is a List of non-food products that are not subject to return or exchange (hereinafter referred to as the List), given in Decree of the Government of the Russian Federation No. 55 of January 19, 1998.

Are telephones included in this List? Today, the category of goods “telephone sets” is present in the List under item 11, as well as in a separate List of technically complex goods of the Government of the Russian Federation No. 924 of November 10, 2011.

In the List of Technically Complex Goods, mobile phones are defined as “ wireless communications equipment for household use, having a touch screen and having two or more functions ».

All this means that you cannot return (or exchange) a cell phone of proper quality within the first 14 days after purchase! When filing a claim, the courts will almost always side with the seller, without doubting that the phone belongs to the category of technically complex goods. But there is one loophole in the PZPP - Article 12. It states that before selling a product, the seller is obliged to provide the buyer with complete and reliable information about it.

You can try to explain to the store management that when selling a cell phone of good quality, the seller did not inform you about the characteristics of the device that were undesirable for you, or that false information was provided about the presence of the necessary functionality in the phone.

Based on Art. 12 ZPPP, in most cases you can persuade the seller to exchange (or take away with a refund) a quality phone. This is especially easy to do in large chain stores selling equipment and electronics. Of course, the phone in this case must be in excellent condition and not show signs of long-term use.

Returning a phone of poor quality

It is much easier to return a low-quality mobile phone to the seller than a fully functional device. To do this, you must be guided by the articles and regulations, according to which the return of goods of inadequate quality is possible during the entire warranty period. If the specified periods are not established, then the return period is limited to 2 years, unless otherwise provided by the contract. We point out the most important points that should be followed when returning or exchanging goods:

If the device is replaced during the warranty period, then upon acceptance the seller is obliged to check. As a result of the inspection, the cause of the defect is determined, whether it was caused by the actions of the buyer himself. The buyer has the right to be present at the inspection (clause 5 of article 18 of the PZPP). 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, then 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);
Return of the phone is possible only after writing an application(claims) for return, for which you will definitely need a passport. It is advisable, but not required, to attach a sales receipt to the application. Oral testimony from witnesses or the sellers themselves that the product would have been purchased in this store is also suitable. The claim is written in two copies, one of which remains with the buyer. The employee who accepted the document signs it, indicates the date, his full name and position. This will protect the buyer in case the seller delays returning the money;
Replacing a mobile phone is legally possible even if 2 years have already passed from the date of purchase. Replacement possible throughout the entire service life of the device or within 10 years after purchase (if the service life is not specified). But then the deficiency must be significant or irreparable. In this case, the claim is submitted not to the seller, but to the manufacturer or importer of the product itself. In case of a removable defect, the manufacturer is obliged to fix it free of charge within 20 days or transfer money for the phone. However, the consumer himself is obliged to prove that a significant defect arose during the assembly of the phone or before its purchase;
The return request must be reviewed and satisfied within 10 days from the date of presentation of the requirements. If after purchase the phone becomes more expensive, the consumer has the right to demand a refund of the price difference. When purchasing a phone on credit, the fee for providing it is also reimbursed.

Return of technically complex goods

Cell phones belong to the category of technically complex goods, therefore, by law, they can be transferred to the seller without examination only in the first 2 weeks after purchase (if it turns out that you were sold a defective phone). If more than two weeks have passed since the purchase, then you can receive money for the defective product only under the following conditions:

it is impossible to use the product due to a significant defect;
the maximum period for eliminating the deficiency was violated (Article 20 of the Law of the Russian Federation);
During the year, the phone was not used for more than thirty days in total due to its repair at the service center (with various faults being repeatedly eliminated).

In general, the procedure for returning a low-quality phone consists of the following steps:

First, we go to the store and find out if they will return our money immediately, without additional conditions;
If we can’t reach an agreement, we draw up a statement and hand it to the seller;
If this does not help, we order an examination to determine the cause of the product shortage;
If the examination says that there is a defect, and it was not caused by the buyer, we write a second claim to the store and attach an examination certificate to it with a demand to reimburse the costs of carrying it out;
When this does not force the seller to return the money, we file a lawsuit against him.

An application for the return (exchange) of a mobile phone does not have a strictly fixed form and is drawn up according to general rules. You can download a sample of writing this document below. It is recommended to write a claim at home, in a calm environment, having thought through your position and providing the necessary arguments in the text, as well as making references to the PPA and other regulations. When submitting the application in the store, a separate act of acceptance of the mobile phone will be drawn up, indicating its technical characteristics and existing problems.

Due to the fact that smartphones, like TVs, computers, and laptops, are technically complex goods, special rules apply to the return of technically complex goods with some exceptions. Returning or exchanging a phone within 14 days from the date of purchase As a general rule, having discovered defects in a purchased cell phone (regardless of the significance of the defects), the buyer has the right to return it to the seller and demand a refund of the amount paid for it or its replacement with a phone of the same brand (model, article) or to the same phone of another brand (model, article) with a corresponding recalculation of the purchase price - only within 15 days from the date of purchase! This provision is enshrined in paragraph 1 of Art. 18 of the Law of the Russian Federation “On the Protection of Consumer Rights”.

Returning a smartphone of poor quality within the first 14 days

In fact, there are not many reasons for exchanging a cell phone, as well as returning it; we will list some of them:

Factory defect of the product, not noticed when purchased in a store;
External and internal phone malfunctions;
A software malfunction that affects the smooth operation of the device.

If the gadget has a fatal malfunction (does not turn on, frequent shutdowns, failure of the microphone or speaker), or a malfunction that requires a long and expensive repair, it can also be returned to the store. Is it possible to return a cell phone within 14 days without explanation? Unfortunately for the buyer, and fortunately for store sellers, it will not be possible to return a cell phone without explaining the reasons for this.

Cell phone return policy

After receiving a conclusion that the product is defective, demand that you be provided with a similar model of the device or pay monetary compensation. The Firm has no right to deny you any of these requirements. 6 If the period of examination and repair exceeded 45 days, write a claim. Ask a company representative to read it and sign it.

Attention

Make a copy of the document and give the original to the store employee. 7 Remember that for each day of delay in the delivery of a repaired product or its equivalent, you have the right to demand 1.5% of its value. Those. if the repair lasts 75 days, then you should receive your mobile phone and monetary compensation in the amount of 45% of its cost. 8 Do not enter into conflict with store employees unless absolutely necessary. The majority of companies are happy to meet the client halfway, trying to solve the problem as quickly as possible.

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

Pushkinskaya, 34 kv. 23 tel 89... Claim On March 6, 2018, in the store of Computers LLC, located at Moscow, Voroshilovsky Ave., 2, I purchased a Samsung cell phone at a price of 20,990 rubles. When using this smartphone, it was found that its battery drains too quickly and the touch screen does not work well.

According to Art. 18 of the Law “On the Protection of Consumer Rights”, the consumer, if defects are discovered in it, has the right to refuse to fulfill the sales contract and demand a refund of the amount paid for such a product or make a demand for its replacement with a product of the same brand (model, article) or the same product of a different brand (model, article) with a corresponding recalculation of the purchase price within fifteen days from the date of transfer of such product to the consumer.

Returning a phone of poor quality: 14 days

Info

It is important to remember that in the event of further legal proceedings, you have the right to demand compensation, the amount of which is 1.5% of the cost of the goods for each day of delay in the refund. 7 Remember that it is initially better to try to solve the problem peacefully. There are companies that are happy to accommodate clients halfway in most controversial issues. When returning low-quality goods to a store, it is important to follow certain rules.

Knowing the established standards will allow you to feel confident when communicating with company representatives. You will need

- sales receipt;
- cash receipt;
— warranty card;
— phone accessories.

Instructions 1 After detecting a malfunction in the operation of your mobile phone, begin preparing important documents.

How can I return a mobile phone to a store?

In this regard, the question arose about the possibility of applying the position set out in the deleted letter, and ultimately, about the possibility of returning the cell phone. Return of a mobile phone of inadequate quality within 14 days. I went with it to the salon (the loan was paid by that time by 60 percent). the loan has not been fully repaid, I have the opportunity to exchange it for the same amount, or exchange it for the same amount with an additional payment. I chose the second one and picked up the Samsung Galaxy S4 from the store.
Nov. 1. Today, already the 5th, and today I will repay the loan and I will have a statement in my hands about the repayment. I did not touch the phone or print it out. How to return an item to a store If, upon arriving home, you are suddenly disappointed in the purchase you just made, know that in the vast majority of cases, the item can be returned to the store within 14 days.

So, what does a consumer have the right to demand if a defect is discovered in a mobile phone and what are the conditions for a refund or exchange if the mobile phone is broken? According to Article 18 of the Law “On the Protection of Consumer Rights”, the consumer, if defects are detected in the product, if they were not specified by the seller, at his own discretion, has the right to: - demand a 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 significant reduction in the purchase price; - demand prompt, free elimination of defects in the goods or reimbursement of costs for their correction by the consumer or a third party; - refuse to execute the sales contract and demand a refund of the amount paid for the goods.

Returning a mobile phone of inadequate quality within 14 days

Thus, you can return the phone to the store only if you find deficiencies in its operation. 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.

Protecting consumer rights when purchasing a cell phone

Please note It is not difficult to return a low-quality phone to the store, just know the following: The consumer has the right to return the low-quality phone to the seller and demand a refund of the money paid for the defective phone within 2 years from the date of purchase (see Article 18 and Article 19 of the Law “On the protection of consumer rights”). Helpful advice If the purchased product turns out to be of poor quality, you can return it to the store. All accessories that were included with the mobile phone must also be returned with the device.
The store needs to invite a specialist to receive goods. During communication, be sure to indicate or describe the malfunction of a previously purchased mobile device.
Article 18 of the Law “On the Protection of Consumer Rights” contains a list of the rights of buyers in cases of purchasing low-quality goods. In particular, if the seller has not provided reliable information to the buyer, then the latter has the right to:

demand a reduction in payment by an amount that covers the shortcomings of the purchased goods;
demand that the purchased product be replaced with an analogue;
demand replacement of low-quality goods with an analogue from another company;
make demands for the elimination of malfunctions or for payment for their elimination;
demand a refund of the money paid for the goods with the subsequent return of the goods.

That is, you have the legal right to demand the return of a phone of inadequate quality with a refund of the amount of money that was spent on the purchase.
You will need

— documentation for the phone;
- a complete set of accessories.

Instructions 1 Prepare all the documents you have for this product. Don't forget about the warranty card. Take with you absolutely all additional accessories included in the kit. 2 Please be aware that mobile phones are not subject to the fourteen day rule. This means that the seller has the right to refuse to refund you for a defective product. 3

If you decide to return a defective product, be prepared to receive a refusal. It is best to politely ask a store representative to exchange the goods. Please describe the reason for the return in advance. You should not immediately demand a refund, because...

the probability of success is extremely low.

Return of a phone of inadequate quality within 14 days documents from the seller

Based on the above, in accordance with Article 18 of the Law “On the Protection of Consumer Rights,” I demand that the product I purchased be replaced with a product of the same brand, but of proper quality (or return the money paid for the product). March 7, 2018 signature (Ivanov I.I.) For reference. The absence of a cash receipt or sales receipt or other document certifying the fact and conditions of purchase of the goods is not grounds for refusing to satisfy a claim for the return of goods. You can read about what to do if the seller has not responded to the complaint in the article at the link.

Appealing a refusal to Rospotrebnadzor If the seller left the complaint unanswered or did not satisfy it, you can file a complaint with the territorial body of Rospotrebnadzor.

Modern trends in the development of the world allow today a person to constantly be in touch. Some people view a mobile phone only as a communication element, while others consider it an attribute of style and constantly acquire new models in accordance with fashion trends.

Unfortunately, sometimes a purchased cell phone in certain cases has to be returned to the store. This article will discuss how to do this correctly in accordance with the requirements of the law.

Government Decree No. 55 of 1998 prohibits the return or exchange of functional, technically complex goods. According to the provisions of the law, a cellular device with a touch screen that makes calls and is capable of taking pictures with a camera is technically complex, and therefore cannot be returned in good condition.

Returning a working mobile device to the store within 14 days is possible only if the communication device is not equipped with a touch screen and does not perform more than two functions. These are devices with buttons, monophonic, old style.

According to Article 25 of the Law, if such a telephone set does not suit the size, dimensions, or color, then it can be returned to the seller.

In addition, if a communication device was purchased remotely, via the Internet, for example, then by law a return can be made within 7 days from the date of receipt without explanation.

For what reasons can I return a phone?

There are various reasons for returning a cell phone. If the purchase is a complex product, then there is only one reason - its malfunction or the discovery of some defect or defect.

In relation to the simplest primitive telephones, the reasons may be more varied:

Didn't like the color;
The form didn't fit;
Not satisfied with the equipment;
Dimensions didn't fit.

For such reasons, according to the law, the phone must be returned within two weeks from the date of purchase, while maintaining its original appearance and, ideally, the cash receipt. If the marketable condition of the cellular device is not preserved, the seller has the right to refuse a return, referring to Article 25.

A cellular communication device you don’t like can either be exchanged for a similar one or demand a return. Written The claim is considered by law within 10 days. When returning a cell phone, the consumer must receive the money no later than three days.

How to return a phone of poor quality?

In accordance with the law, the consumer has the right to return a low-quality mobile device during the entire warranty period. Warranty coupons for communications equipment are issued without fail. It is advisable to keep the coupon until its expiration date for a favorable resolution of potential problems associated with the operation of the cellular device.

If a malfunction is detected on a cellular device, the consumer sends a claim to the seller, enclosing a warranty card and a receipt.
As practice shows, goods cannot be returned without an examination.

In order to establish the cause of the defect and the culprit, an examination is carried out. Its duration should not exceed twenty days. During the check, the buyer is given a phone number in order to minimize his inconvenience.

If the investigation establishes that the buyer is at fault, he must pay all costs associated with the inspection.
If there is a manufacturing defect, the product must be returned or exchanged for an identical one.

Exchange of a cell phone under the law “On Protection of Consumer Rights”

The consumer rights law prescribes the return of goods along with exchange. It is up to the buyer to decide whether to exchange or return the money. One of the defense options is also the requirement to eliminate the defect, as well as reduce the cost and return the difference in money.

The exchange applies to two cases:

When, according to the examination data, it is established that the mobile communication device was sold in a faulty condition, and an exchange is made for the same good product;
When the simplest phones with buttons are exchanged, they are working, but do not match in shape, size or color.

When can I return my phone?

The deadline for returning goods is two years. Claims must be submitted within a reasonable time, most often this time is specified in the warranty card.

Therefore, when purchasing a cell phone, you need to pay special attention to the issue of warranty. These terms apply to mobile phones of poor quality.

Goods in good condition are delivered no later than two weeks. Time begins to count from the day following the purchase.

Protecting your consumer rights is the duty of every buyer. Knowledge of the law will provide undeniable assistance in this matter.