What is the deadline for the delivery of a smartphone after purchase. How to legally return a smartphone to the store

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 of the fact that you can return a product of good quality to a store!

Prelude. My favorite milagra decided to make a birthday present - a Microsoft Lumia 535 Dual Sim smartphone. I must say, she was pleasantly surprised, I even threw the tablet aside and began to study the new device. And the more I poked at the screen of the phone, 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 sit, but Android is much more convenient and familiar. The Microsoft OS store didn't have the apps I use, and the Microsoft OC 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 telephone and a check from him, I, confident that they would not refuse me, because I did not know the law, except for Article 25 of the RFZPP, I came to Svyaznoy and said:
Me: I want to return the phone. he does not suit me. Law on STD article 25, item 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 and exchange according to the "List of goods of good quality that are not subject to exchange or return.
"Nachiloz" - I thought and I say:
Me: But after all, the phone was bought only yesterday and the manager told his wife that within 14 days we can return the goods back.
The manager stood his ground: The product is technically complex, cannot be returned or exchanged. However, the store may compromise and exchange the product with your surcharge.
I don't need this product. I was surprised and outraged. I thought that everything could be returned to the store, except for 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 technical support of the contact and if they meet me there, I can return the goods to the store. In technical support, they told me that they would meet halfway and the goods could be returned and money received. I hand the phone to the manager, he is told that the buyer can return the goods to the store, but at the discretion of the manager and let him look at clause 6.5 of the store's internal charter.
Of course, the charter of the store 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 write a complaint. 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 many contradictions.

The final. The manager did not seem to have expected this outcome. It seemed that he himself was glad to end this story as soon as possible. It was also interesting that the claim was not accepted. Everything was resolved remotely: the manager scanned the claim, sent it to technical support through a special form, and contacted a specialist in order for the claim to be accepted. There she was accepted and decided to immediately close the issue. She was examined, then I was summoned for interrogation. The girl on the phone said that no claim is needed and if the phone has no mechanical damage and is in working order, then the money will be returned to me. Victory!!!
Study the device immediately, without leaving the cash register.

Buying 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 did not suit the new owner for any reason? Let's see if the phone can be returned or exchanged, and for how long this can be done.

When is an item eligible for 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 thing is of high quality or not.

If the phone is defective

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

According to the list approved by the Government of the Russian Federation in 1998 by Decree No. 55, this apparatus belongs to goods with a complex technical device. For this reason, it will not be accepted back to the store after 15 days. They will refuse to do this in case of mechanical damage. The claim that they took place prior to purchase is legally denied. The buyer is obliged to inspect the goods at the time of purchase.

If the phone is good

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

A phone that simply does not fit in 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 need an expert opinion.

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

How to exchange a phone within 14 days

To use the right to exchange the phone within 14 days after purchase, you should:

1. draw up an act that is 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 the consumer's application, where he indicates his claims to the product, substantiates them and makes demands;
2. prove that the phone was purchased at this point of sale. Store employees will ask you to present a cash or sales receipt. If they are lost, then the testimony of people who were close to the buyer during the transaction will come in handy;
3. make sure that the issuance of a new cell phone is issued as a new purchase. This is an important point, because the warranty period starts from this day.

When all the requirements are met, and the sellers, for some unknown reason, refuse to exchange the purchased phone, it's time to turn to an experienced lawyer. He will delve into the essence of the matter and advise what needs to be done in order to get rid of an unnecessary thing with maximum benefit, help punish a negligent merchant and receive moral and material satisfaction.

ATTENTION! Due to recent changes in legislation, the information in the article could be outdated! Our lawyer will advise you free of charge - write in the form below.

The return and exchange of mobile phones is no different from the procedure for returning other goods to a point of sale. The main difficulty is related to the return of a working phone in the first 14 days after its purchase, if the device did not suit the buyer for subjective reasons - they did not like the color, size or set of functions.

Is it possible? Are mobile phones included in the category of goods that can only be returned if they are found to be defective?

In today's article, we will answer this question by examining the current regulatory framework and judicial practice. Separately, it will be told about how to return a serviceable, high-quality phone and a phone of inadequate quality, if a marriage or defect is found in it.

Return of a quality phone

(hereinafter - ZOZPP) allows you to exchange a phone if it did not suit the buyer in terms of size, shape, style, color, configuration or other consumer properties. It is allowed to do this only in the first 2 weeks after the purchase (the countdown starts from the day following the day of purchase).

You can return money 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 and exchange (hereinafter referred to as the List), given in Decree of the Government of the Russian Federation No. 55 of 01/19/1998.

Are telephones included in this List? Today, the category of goods "telephone sets" is present in the List under paragraph 11, as well as in a separate List of technically complex goods of Decree of the Government of the Russian Federation No. 924 dated 11/10/2011.

In the List of technically complex goods, mobile phones are defined as " wireless communication equipment for home use, having a touch screen and having two or more functions ».

All this means that it is impossible to return (or exchange) a cell phone of good quality within the first 14 days after purchase! When filing a lawsuit, the courts will almost always take the side of the seller, no doubt that the phone belongs to the category of technically sophisticated goods. But there is one loophole in the LOA - article 12. It states that the seller, before selling the goods, is obliged to provide the buyer with complete and reliable information about him.

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

Based on Art. 12 of the RFP, in most cases you can persuade the seller to exchange (or pick up with a refund) a quality phone. This is especially easy to do in large chain stores selling appliances and electronics. Of course, the phone in this case must be in excellent condition and not have signs of prolonged use.

Returning a defective phone

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

• If the replacement of the device occurs during the warranty period, then upon acceptance of the The seller must check. As a result of the check, the cause of the defect is clarified, whether it was caused by the actions of the buyer himself. The buyer has the right to be present at the inspection (clause 5, article 18 of the RFP). 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 the check, found out that the defect arose through 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 cost of storing the phone, its transportation). Otherwise, based on the results of the examination, you can file a lawsuit against the seller (or attribute the results of the check to him and try to negotiate amicably);
• Phone can be returned only after the application(claims) for a refund, for which you will definitely need a passport. Attaching a sales receipt to the application is desirable, but not required. Oral testimonies of witnesses or the sellers themselves that the goods would have been bought in this particular store are also suitable. The claim is written in two copies, one of which remains with the buyer. On it, the employee who accepted the document puts his signature, indicates the date, his full name and position. This will protect the buyer in case the seller delays the return of money;
• Replacing a mobile phone is legally possible even if 2 years have already passed since the date of purchase. Replacement possible throughout the lifetime of the device or within 10 years of purchase (if service life is not specified). But then the disadvantage must be significant or irreparable. In this case, the claim is submitted not to the seller, but to the manufacturer or importer of the products. 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, it is the consumer himself who is obliged to prove that a significant defect arose during the assembly of the phone or before the moment of its purchase;
• The return claim must be reviewed and satisfied within 10 days from the date of submission of claims. If after purchase the phone has become more expensive, the consumer has the right to demand a refund of the price difference. When buying a phone on credit, the fee for its provision is also reimbursed.

Return of technically complex goods

Cell phones belong to the category of technically complex goods, therefore, according to the 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 phone with a defect). If more than two weeks have passed since the purchase, then you can receive money for a faulty product only under the following conditions:

• it is impossible to use the goods due to a significant defect;
• the maximum term for the elimination of a defect has been violated (Art. 20 of the Law of the Russian Federation);
• for a year the phone was not used in aggregate for more than thirty days due to its repair in the service center (with repeated elimination of various malfunctions).

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

1. First, we go to the store and find out if they will return the money to us immediately, without additional conditions;
2. If it was not possible to agree, we draw up a statement and hand it over to the seller;
3. If this does not help, we order an examination to determine the cause of the shortage of goods;
4. If the examination indicates that there is a defect, and it is not caused by the buyer, we write a repeated claim to the store and attach an examination report to it with a requirement to reimburse the costs of its implementation;
5. When this did not force the seller to return the money, we draw up 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 this document below. It is recommended to write a claim at home, in a calm atmosphere, having considered your position and giving the necessary arguments in the text, as well as making references to the RFP and other regulations. When submitting an application in the store, a separate act of receiving a mobile phone will be drawn up, indicating its technical characteristics and existing problems.

Modern trends in the development of the world today allow a person to constantly be in touch. Someone treats a mobile phone just as an element of communication, while someone considers it an attribute of style and constantly, in accordance with fashion trends, acquires new models.

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

Government Decree No. 55 of 1998 prohibits the return or exchange of serviceable technically sophisticated goods. According to the law, a touch screen cellular phone that can make calls and take pictures with a camera is technically sophisticated and cannot be returned in good condition.

Returning a working mobile device to the store within 14 days 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-fashioned.

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

In addition, if the communication device was purchased remotely, via the Internet, for example, then by law it is possible to make a return within 7 days from the date of receipt without explaining the reasons.

What are the reasons for returning the phone?

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

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

• Disliked the color;
• The form did not 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, a cash receipt. If the commodity condition of the cellular device is not preserved, then the seller has the right to refuse to return, referring to Article 25.

If you do not like a mobile phone, you can either exchange it for a similar one, or demand a refund. Written Claims are reviewed 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 inadequate quality?

The consumer, in accordance with the law, has the right to return a low-quality mobile device during the entire warranty period. Warranty cards for communication facilities 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, attaching a warranty card and a receipt.
Return of goods without examination, as practice shows, is not carried out.

In order to establish the cause of the defect and the culprit, an examination is carried out. Its term shall not exceed twenty days. At the time of verification, the buyer is given a phone in order to minimize his inconvenience.

In the event that the buyer is found guilty by the results of the investigation, he must pay all costs associated with the verification.
If the defect is factory, then the product must be returned or exchanged for an identical one.

Cell phone exchange under the Consumer Protection Act

The law on consumer rights prescribes the return of goods along with the exchange. Exchange or refund - the buyer decides. One of the options for protection 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 serviceable goods;
• When the simplest phones with buttons are exchanged, serviceable, but not suitable in shape, size or color.

How long does it take to return a phone?

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

Therefore, when buying a cell phone, you need to pay special attention to the issue of warranty. These terms are applicable to mobile phones of inadequate quality.

Goods in good condition are delivered no later than two weeks. Time starts counting from the day following the purchase.

Protecting your consumer rights is the duty of every buyer. Knowledge of the law will be of indisputable help in this matter.

A familiar situation - you have finally purchased a cell phone that you have been wanting for a long time, carefully choosing. And now - now he is yours, and you ... do not like him. What to do - accept the situation or try to return the phone to the store, or maybe exchange it for another model?

It's good when a brand new phone brings only joy

Indeed, this happens. For many reasons - maybe they didn't like the operating system, or the device turned out to be too functionally complex, and the sound level was too quiet, or the phone doesn't suit the size and feels uncomfortable in the hand.

It happens, for example, that a child was given the same phone for his birthday as he already has. And there can be many such “or”, but the fact is that you no longer need this phone, and you would like to return it back to the store. But is it possible to return a working phone, and if so, how? Let's figure it out.

Please note - this article will only consider the case of a return good new phone. Return of a defective device is carried out according to other rules!

What the law says

If we turn to the Civil Code of the Russian Federation, then paragraph 1 of Art. 502 of this legislative act establishes that the buyer can, within 14 days from the date of purchase of the non-food product (unless, of course, a longer period has been agreed), exchange it for a similar, but different size, shape, configuration, color. If there is a difference in the cost of the returned goods and the one taken for exchange, the seller makes a recalculation.

Now we will find out what paragraph 1 of Art. 25: the consumer has the right to exchange a non-food product of good quality for a similar product within 14 days. However, this rule does not apply to goods that are listed in the List established (it concerns non-food products of good quality that cannot be returned).

We look at the List: in its paragraph 11 it is stipulated that it is impossible to return some types of serviceable equipment if it belongs to technically complex goods.

In this regard, two questions arise:

1. Is the cell phone listed among the types of equipment listed in paragraph 11 of the List under consideration?
2. Does it apply to technically complex goods?

It depends on the answer to these questions whether a serviceable cell phone can be returned.

A cell phone is a technically complex commodity?

Let us turn once again to the above List according to Decree No. 55. In it (see paragraph 11), of everything that is more or less suitable for cell phones, includes telephone sets and radio-electronic household equipment.

More recently, lawyers in support of the fact that a cell phone is not a technically complex product, cited the following arguments. According to the All-Russian classifier of products OK 005-93, as well as a certificate of conformity, cell phones are products that have the official name "transmitting and receiving portable radio station", which is assigned the OKP code 65 7140 (the name "cell phone" is household, everyday). This means that a cell phone belongs to a class of goods called "general use radio communication, broadcasting and television equipment", and does not belong to radio-electronic household equipment (the codes of which are completely different - OKP 65 8000-OKP 65 8900). In addition, a mobile phone is not a telephone set that has the OKP code 66 7310. Thus, cell phones are not named in clause 11 of the above List.

Similar explanations were contained in, published on October 22, 2010 on the official website of Rospotrebnadzor. It also stated that sellers had no right to refuse to exchange a serviceable mobile phone for a consumer. Then a detective story happened with the letter - it mysteriously disappeared from the site, and instead of it there was an explanation that the publication of this letter was a technical error. How it can be a technical error for an authoritative state body to explain legal issues is not clear.

However, today it is pointless to give these arguments, although they continue to be published on so many sites. My article also talked about the line of defense built on this position before, but now the situation with the exchange of phones looks different.

The fact is that since 2017 OK 005-93 has become invalid, and instead OK 034-2014 (OKPD2) was introduced, which contains a completely different classification and other codes, for example, code 26.30.22 " Telephone sets for cellular networks or for other wireless networks". Therefore, it is practically useless today to rest on the fact that cell phones are not named in clause 11 of the List under Decree No. 55.

True, we still have the second question and a small clue that cell phones are not technically sophisticated goods. The fact is that a special List is dedicated to such goods, already another - to. In it, cell phones are not directly called, but the meaning is still implied. How to build a line of defense on this hold, we will consider a little later.

In the meantime, let's move on to possible ways to return a working cell phone.

Method 1: allegedly find a compromise

Why supposedly? Because you end up getting what you want, but you kind of make a concession to your “rival”, i.e. the store (in this case, the compromise is that you want to exchange the phone, and not return the money). Compromise is perhaps the best and least costly solution to any problem.

Try to describe your situation to the representative of the store where you purchased the phone and ask to exchange the phone for another, more suitable model. It is better to talk not with ordinary sellers (they do not decide anything and only know the memorized phrases “can-not”), but with higher-ranking employees.

This option is more suitable for large retail chains, in which customers are often met. In a small online store, you will most likely be denied a phone exchange. It is better to contact the seller with a request specifically to exchange the phone, and not to return it - after all, no one wants to return the money, but the exchange is a more “painless” procedure for the store.

When choosing a phone, carefully study its capabilities and it is advisable to test it

Trying to "find" a compromise with the seller, nevertheless show your firmness and competence. Communicate with him not begging, but not scornfully defiantly. The conversation can be carried on in the following way: “Unfortunately, the phone did not fit (at the same time, give the reason). I am your regular customer, I really like your store, I plan to continue buying equipment from you in the future, I don’t want to cause you problems, but it’s very inconvenient for me to use this phone. Besides, you know, cell phone returns are very controversial. At one time, even Rospotrebnadzor said that it can be returned within 14 days. Let's not waste each other's time on disputes and find a compromise with you - for example, we will not return the money, but we will exchange it for another model.

Method 2: submit a claim

If the seller still insists that the cell phone cannot be returned or exchanged, try writing a claim to the store manager. In this case, we will be guided by our clue, which we wrote about above. Please note that this option is only suitable if you did not use the phone and kept it in its “original” form (according to paragraph 1 of article 25, you cannot return a “slightly used” product).

A claim form can be downloaded below:

If the seller does not agree to meet your demands, and you decide to actually go to court, remember that today there is only one court line on the question "Is a cell phone a technically complex product?" does not exist. Therefore, the case can turn both in your favor, and vice versa. However, a citizen does not have to pay a state duty for considering cases on consumer protection, so if you lose something when resolving the issue not in your favor, then only time.

To improve your chances in court, search the Internet for positive court rulings on this issue and list them in yours as an example for the judge. Also take a look at the article Here you will find copies of court decisions in favor of buyers who managed to return new equipment due to the provision incomplete or inaccurate information by the seller.

Method 3: providing incomplete or inaccurate product information

Using this method, you can return the phone even if you have already used it a little. According to paragraph 2 of Art. 10, the seller is obliged to provide reliable information about the product, including its consumer properties. If such information was not provided to you, or it was incorrect, the buyer, in accordance with paragraph 1 of Art. 12 may demand a refund of the amount paid for the goods. Therefore, if you can prove that when choosing a phone you were guided by the presence (absence) of a certain characteristic, and upon purchase you were provided with false information about it, you can return the phone based on the specified provisions of the law.

Please note that a push-button telephone is definitely not a technically complex product. Technically sophisticated - touchscreen phones only

This return method will work even if the phone was equipped with an instruction in a foreign language (without translation), as well as a brief, rather than a detailed description. For modern phones, by the way, this is very important - many of them come with a small piece of paper, and not a booklet with a thorough description of all the functions and capabilities. And if there is no detailed information, then the condition of the law is not fulfilled. When resorting to this method, keep in mind that you will need to enlist the support of witnesses. And, it is desirable that these were not relatives.

An example claim form in this case would be:

Let's summarize.

Before contacting the seller with a demand to exchange or return a cell phone, you need to decide on the chosen position for protecting your rights: either you insist that the phone is not a complex product, or you were misled about its functions (or did not give detailed clear instructions). I would advise you to choose the second position: it is very, very difficult to prove today that a touch cell phone does not belong to technically complex goods.

In any case, try first one option, and then another is not worth it. Especially if you plan to defend yourself further in court. In this case, the store will submit all your statements to the court as evidence of your uncertainty. And it will immediately become clear that you do not have a reasoned position, you just want to return the phone, which has become unnecessary to you, to the store by any means.