I bought a phone and didn't like it. How to get a replacement phone under warranty

Very interesting. But the latest facts say that the phone is not a technically sophisticated product. Article:

Currently, there is a practice, guided by which sellers of mobile phones (including large chain stores) refuse to exchange goods of good quality for a similar product of a different model. At the same time, the seller refers to the fact that a mobile phone is a technically complex product and, therefore, Art. 25 of the Law of the Russian Federation "On the Protection of Consumer Rights" cannot be applied. The Government of the Russian Federation approved the "List of non-food products of good quality that are not subject to return or exchange, not similar goods ...", which lists technically complex household goods for which warranty periods are established: metal-cutting and woodworking household, electrical household machines and appliances, household radio-electronic equipment, household computing and copying equipment, photo and film equipment, telephones and facsimile equipment, electric musical instruments, electronic toys, household gas equipment and devices. The "List of technically complex goods in respect of which the consumer's requirements for their replacement are subject to satisfaction in the event of significant defects in the goods" also does not mention a mobile phone. Consequently, a mobile phone is not formally a technically complex product and the seller's refusal to exchange for a similar model is illegal and contrary to existing legislation.

Explanations on this issue are contained in the Letter of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare “On the exchange of cell phones”. The Letter states that, in accordance with the All-Russian Product Classifier OK 005-93, household radio-electronic equipment belongs to the class of goods with codes OKP 65 8000 - OKP 65 8900. For example, according to the certificate of conformity, a cell phone is a product with the official name "portable radio station" and OKP code 65 7140, relating to the product class - means of radio communication, broadcasting and television for general use. Consequently, the name of the product "cellular phone" is commonplace and this product does not belong to the product class - household radio-electronic equipment. Thus, a fixed telephone and a mobile telephone have completely different classification codes.
What should an ordinary consumer do if the seller refuses to exchange a mobile phone? Firstly, it is necessary to draw up a written claim in two copies - one copy is handed over to the seller (in person or by mail), the other is marked with acceptance. In the claim, you must indicate the reason for the exchange (does not match in color, shape, technical characteristics, etc.), your postal address and contact phone number. It must be remembered that the seller is obliged to exchange goods of good quality within three days from the date of filing a claim. If there is no similar product at the time of circulation, the consumer has the right to withdraw from the contract of sale and demand a refund of the amount paid. The seller is obliged to fulfill the requirement for the return of the amount within ten days from the date of application. If the required model is not available, then by agreement of the parties, the seller may undertake an obligation to immediately inform the buyer about the appearance of the above-mentioned one and freely exchange the phone. If the seller has delayed the voluntary fulfillment of one of the above requirements, then the buyer has the right to demand payment of a penalty in the amount of 1% of the purchase price for each day until the requirement is fully satisfied (the penalty cannot exceed the amount of the purchase itself).
Do not forget about the corresponding recalculation of the purchase price. That is, if the buyer wants to make an exchange for a more expensive model, then he has an obligation to pay the corresponding difference in price and vice versa. We are talking about the value of the goods at the time of the buyer's claim, and not at the time of the initial purchase.
In case of refusal to voluntarily meet the requirements, the buyer can make an entry in the book of complaints and suggestions describing the circumstances and indicating the contact number. The seller is obliged to issue a book of complaints and suggestions at the first request of the client.

The occurrence of problems with the phone occurs quite often, and they do not always happen through the fault of the buyer. Defective spare parts or components, their quick failure with proper handling - all this requires a solution. The question of how to return a faulty phone, if the warranty is still valid, becomes relevant.

Is it possible within 14 days if it is defective?

Money for a faulty phone under warranty - how to return

You can return a technically complex product under warranty and receive money for it under one of the following conditions:

• the presence of a significant marriage, the elimination of which will take too much time or disproportionate costs;
• violation of the maximum repair period, if the phone was handed over for the correction of deficiencies;
• in each warranty year, the phone is under repair for more than a month, the period is calculated on a cumulative basis.

The last provision indicates whether it is possible to return money for a purchased faulty phone with frequent breakdowns. At the same time, it is prescribed that within the first 14 days after purchase, the device can be returned even if there are minor problems that must be eliminated in a short time without any special consequences.

It is written about what to do if the sensor on the phone does not work.

How to return the phone to the online store if it is faulty

Buying goods online is quite popular. The provisions of the Consumer Protection Law indicate how products should be sold in distance sales.

This article also indicates that the return of a product of inadequate quality is carried out according to the standard procedure prescribed by the articles of the law. That is, the faulty phone should be returned to the specified office of the company, or its representative office. You can contact us to resolve the problem with the return of money by the suggested contact numbers.

It should be borne in mind that when returning money for a defective product, it is also necessary to draw up a claim in writing. The document indicates all the data - the owner, the details of the device, the conditions and dates of its acquisition. Separately, the defect is indicated. The copy that remains with the applicant must be marked that the issue has been accepted for consideration.

At the same time, it is important to know that if the products are withdrawn by the store for diagnostics or examination, a separate act is drawn up. It also indicates the data of the device and the owner, defects and the reasons on the basis of which the inspection is carried out.

For online purchases, the date from which the countdown of two weeks to return begins is the day the product is received in hand. Therefore, the two weeks in which you can return a technically complex product for any factory defect are calculated not from the moment of purchase, but from the moment of actual delivery.

Is it possible to return a working phone to the store? Details in the next.

How to get a refund for a faulty phone under warranty after repair?

For a faulty phone after repair, money can be returned according to the general rules that apply to the return of goods within two years from the date of purchase. That is, if an unrecoverable defect is found, the repair period is delayed by more than 45 days, or it is necessary to take it in for repair quite often, you can demand money back.

Separately, it is worth pointing out the seriousness of the marriage. This may be the case in the following cases:

• too high a cost to eliminate it;
• long period of time required for its repair;
• the constant manifestation of this problem even after several repairs.

If one is found, then the store itself must offer an exchange or return of the goods. However, he cannot insist on one of the actions - the choice of reimbursement remains with the consumer.

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

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

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Legislation

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

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

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

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

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

The law gives the buyer several options:

• exchange the product if it is of the appropriate quality
• exchange the product if it is defective
• get money back
• part of the amount is refunded if the product has defects
• the buyer is paid for the repair or reimbursed for the cost of the repair

If the new product is cheaper or more expensive, the buyer accordingly receives a surcharge or, on the contrary, pays surcharge himself.

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

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

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

In a situation where two weeks have passed after the purchase, only the rights of claim associated with shortcomings remain, which were not previously known and could not be found in the store, they were also not specified at the time of purchase.

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

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

How to assert your rights

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

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

Also, the buyer has the right to declare one of the requirements, between which the law offers him to make a choice. For example, you can not ask to change the goods and return everything at the same time.

The claim states:

• to whom and from whom
• problems are described in as much detail as possible
• formulate your requirement to the seller
• Signature and date

A copy of the receipt, copies of other documents confirming the purchase should be attached.

The paper is drawn up in 2 copies, one of them is marked that the document has been accepted by the store.

If repair is required, it is limited by law to 45 days, the parties have the right to determine a different time.

How long does it take to return a phone?

This is the only question that preoccupies buyers.

For a while, while a technically complex product is being repaired, the store is obliged to provide a similar product for use.

Every time when documents are drawn up, the consumer needs to make sure that all dates and circumstances are reflected in the way they happened.

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

Examination of goods can be carried out by independent centers that have the appropriate permits, certificates, licenses.

Within what time it is possible to return the phone after purchase, they will tell in the consumer protection society. There are many such organizations, and lawyers working in the field of consumer protection also practice.

Contacting a specialist will help defend yours. People sometimes lose cases because of ignorance of elementary moments. Formalities in jurisprudence are of considerable importance.

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You can return a mobile phone on the basis of Article 25 of the Federal Law "On Protection of Consumer Rights". If the phone has significant flaws after purchase, you can return it to the store and demand a refund or exchange it for another phone.

To do this, you need to clearly know your rights. Many sellers take advantage of the legal illiteracy of buyers and deliberately mislead them.

Return of a low-quality phone is possible within 14 days after purchase, not counting the day of sale. Moreover, a return is also possible when you have lost a sales or cash receipt. The phone must retain consumer properties, have a presentation, as well as factory seals and labels.

The topic of our article is the procedure for returning mobile phones to the store, the rules for communicating with sellers and the competent preparation of claims for returns.

Can I return a phone of good quality?

Ways to return a working phone to the store

There are several ways to return a high-quality mobile phone:

1. Agreement with the seller. If you want to return a working phone to the store, you should ask not for a refund, but for an exchange for another model. Not every seller will agree to return money for a quality phone, and the law will be on his side. Much more willing to accept an exchange. But it is better to talk about this with management, and not with ordinary sellers.

Asking to exchange a phone is worth it in large chain stores, in small retail outlets or in online stores, they are reluctant to meet the buyer. Communication with sellers should be built not in a begging or nervous tone, but in a restrained and respectful manner, demonstrating good knowledge of the issue.

1. If the seller refuses to meet you, it makes sense to write to the store management. It specifies the specific reasons for the request. You can return the goods only in its perfect presentation, if you did not use it at all.

Management's refusal to satisfy the claim But when filing a claim, one must remember that now the court does not have a single position on whether a mobile phone is a complex or not complex technical product. The decision of the issue can be both in your favor and in favor of the seller.

A warning

Returning low-quality phones is a simple matter, it is enough to know a few basic rules:

• set in 10 days after the claim.
• It is possible to return a low-quality phone during the entire warranty period after the purchase, if a defect is found in it that cannot be eliminated or takes too long.
• Some sellers may claim that the defect is insignificant and the phone cannot be returned based on the list of technically complex goods. But when returning low-quality goods, a different list applies - Art. 18 POZPP.
• The procedure for returning the phone should be formalized through a written claim with a signature on delivery, so that in the event of a disputable situation, you have documentary evidence of the claims.
• appointed by the seller, can be challenged in court if its results do not satisfy the buyer.
• The warranty period assumes that the seller is obliged to prove the unlawfulness of the buyer's claims for return. If the warranty period has come to an end, the obligation to prove defects in the phone falls on the shoulders of the buyer.