Return the phone within. Conflicts with sellers

The phone is quite expensive. If the purchased model does not suit you with its characteristics or works intermittently, you have the right to return it to the store where the purchase was made.

In this case, the seller must exchange the device for a similar one, if it is available, or return the money paid earlier. However, in practice, returning the phone is not so simple.

Is it possible to return the phone according to the law of the Russian Federation?

Based on Article 25 of Law No. 2300-I of February 7, 1992 and Article 502 of the Civil Code of the Russian Federation, the buyer has the right to return the non-food item purchased by him within two weeks from the date of purchase. It is possible to do this if the phone turned out to be of inadequate quality.

It is important that certain conditions are met:

• the presentation of the device and packaging has been preserved (all branded seals and other details are intact);
• there is documentation confirming the fact of purchase (for example, a receipt for payment, a warranty card);
• the device was not used by the buyer (except for the situation when the device was under warranty and subject to repair).

It is important to indicate in the text the reasons why the device did not suit you. You can return the item without a receipt, but in this case you will need to find witnesses to the purchase (in practice, it is extremely difficult to confirm the fact of purchasing a phone in a particular store without a cash receipt or sales receipt).

What are the consumer's legal rights when returning a phone?

Did you purchase a device of inadequate quality? In this case, the buyer has the right:

• demand reimbursement of expenses incurred by the buyer in connection with the repair of the device in another organization;
• exchange this device for a similar one of good quality;
• replace the device with another model with a recalculation of the price (if the phone is more expensive, the buyer will have to pay extra, if it is cheaper, the seller is obliged to return part of the finances);
• demand the return of the previously paid amount of money;
• request the replacement of defective parts of the device or the implementation of its repair.

The citizen independently chooses any of the listed options for action.

Deadlines for the return of the phone by the consumer under the law

By law, the return of the phone within 14 days is provided in most cases, however, the seller has the right to set a longer period for the exchange of goods (this information must be indicated in the contract). The seller cannot reduce this period.

If the mobile device is under warranty, but the service center staff could not fix the defect, the phone must also be returned to the store.

The same applies to the situation when the device is being repaired for more than a month during a calendar year. In this case, the terms of return correspond to the warranty period, and in its absence, they are no more than two years.

How to return the phone to the store legally?

A mobile device belongs to complex household appliances, therefore it is subject to return only in case of a malfunction or any defect that prevents the new owner from using it for its intended purpose.

Below is a sequence of actions describing how to return the phone back to the store:

1. compose a text describing in detail the reasons for returning the device (you will need 2 copies of the document);
2. prepare a passport, a receipt, a purchased phone in a package with all documents and accessories;
3. contact the seller or store director with the above papers;
4. wait for the money to be returned or the device to be exchanged for a similar one (if necessary, an examination can be carried out to determine the causes of defects);
5. file a complaint with the regulatory authorities (Rospotrebnadzor, OZPP, etc.) or with the court to enforce the recovery of money from the defendant if the store refused to return your finances.

If you do not have a check or a payment receipt, you can confirm the fact of making a purchase in this store with the help of witness statements. In order to use them as evidence, it is necessary to record the testimony in writing. The document must also contain the passport details of all witnesses and their contacts.

If the examination proved the occurrence of a defect due to the fault of the manufacturer or the seller, the store is obliged to accept the phone back, returning the money to the buyer or exchanging the device for a similar one. If the check confirmed the appearance of a defect due to the fault of the buyer himself, it will not be possible to return the finances for the purchased device.

You were not satisfied with the results of the examination? Contact another organization to re-verify. If you receive positive results, you have the right to file a lawsuit and hold the store liable.

How to return the phone within 14 days if the product is of high quality?

If the device does not contain flaws, as a general rule, it cannot be returned. The only exception is the seller providing false information about the mobile device or not informing the buyer at all.

According to Article 10 of Law No. 2300-I, in this case, the possibility of returning the phone is allowed. In this case, the device must:

• be in excellent working order;
• have a commercial appearance;
• not be used by a citizen.

In the text of the claim, in this case, it is important to indicate what information the seller hid from the buyer. It is advisable to have witnesses to the purchase.

Can I return phone accessories to the store?

This type of product can be returned only in two cases:

• if the seller did not inform the buyer about the characteristics and quality of the accessory;
• if the item is not of proper quality.

In other situations, you will not be able to return the accessory, even if it was purchased together with the phone. The loss of presentation is also the basis for the store to refuse to return the goods.

Drawing up a claim

When contacting the seller or the store manager, it is important to have a written claim in duplicate, a passport or other identification document (for example, a student card), and a receipt confirming the purchase in a particular store.

• Name and address of residence of the buyer;
• the name of the store, its actual and legal address;
• description of the phone model;
• reason for returning the device;
• substantiation of the applicant's position with the help of references to the norms of Russian legislation;
• requirement to exchange the device or return finances;
• date of issue of the document;
• applicant's signature.

When returning the device, the seller must draw up an appropriate act or invoice. The document contains the personal data of the buyer, the full name of the store, the date of conclusion of the contract and the transfer of money, the amount paid by the buyer and subject to return, the name of the device and the signatures of the parties.

Where do I go if a refund is refused?

You can always leave your feedback about the work of the store in the book of complaints and suggestions. The seller has no right to refuse to provide it to you.

In addition, the information stand should contain contacts of bodies regulating the activities of such organizations (for example, the Society for the Protection of Consumer Rights).

If the seller refuses to return the mobile device, you have the right to send a similar claim to Rospotrebnadzor, the Trade Inspectorate, etc. In extreme cases, the person concerned may file a lawsuit in court to enforce the recovery of money from the defendant.

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.

You decided to keep up with the times and got a new cell phone. But at home, they found that the purchased gadget you do not like or inconvenient to use. There are several ways to return the phone back to the store.

You were sold a working phone without providing full information about it. Often the instructions for the telephone are available only in a foreign language, and in Russian there is an insert of several lines. Thus, there is no complete description of the phone in Russian. Or, when buying, you were not told about the absence of important cellular functions, the presence of which prompted you to make a choice in favor of this particular model. In the above cases, the seller did not fulfill the obligation to provide the buyer with reliable information about the phone, as required by Art. 10 of the Law "On Protection of Consumer Rights" (hereinafter referred to as the Law). The legislator grants you the right to refuse to execute the contract and the right to demand the return of transferred funds for the phone (clause 1, article 12 of the Law). The presence of witnesses will simplify the task of returning you. Look for a compromise. Try to negotiate with the seller. Justify the reason for returning a working phone. In such a case, the seller usually refuses to exchange the goods or return the amount of money paid. The reason is clear: a phone returned to the store with an already issued warranty will not be able to go on sale again at the same price. The seller suffers losses. Therefore, he has the right to refuse to replace your gadget, referring to the List of technically complex goods that are not subject to exchange (clause 1, article 25 of the Law). Some lawyers argue whether a cell phone belongs to this category of goods. However, based on judicial practice, it is a technically complex product. You may be lucky and the seller, in order to increase his reputation, will meet you halfway and exchange the phone, provided that it has not been used. Return of a defective phone. At home, you find that your gadget has a malfunction. According to paragraph 1 of Art. 18 of the Law, you have the right to come to the store within fifteen days and demand to replace the cell phone with the same one or with a phone of a different model with an increase or decrease in the purchase price, respectively. You also have the right to terminate the sale and purchase transaction with a refund of the amount paid. However, if the deadline is missed, you can make these claims only if there are significant defects in the goods or if the seller misses the statutory deadlines for repairing the goods. Significant ones include repeatedly recurring or unrecoverable shortcomings. This point also needs to be proven. In any case, you go to the store and file a claim, in which you state the essence of the gadget's shortcomings and your requirements. Make a claim in two copies, on your own ask the store employee to make a note of receipt with the obligatory date or send the claim by mail with a written delivery notification. So you prove that the deadline of fifteen days has not been missed. The seller sends the goods for examination. Indicate your intention to attend it in your claim. But usually this is not necessary. If your phone is not at fault, the claims will be satisfied. In case of a negative decision of the seller and your disagreement, you have the right to protect your interests in court.

Modern man cannot imagine his life without a mobile phone. For most people, a phone is not only a way to communicate in a conversation mode, it is also: an e-book, a player, access to social networks, and more. 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 be found, or the device does not suit 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.

Our qualified lawyers will help you understand the situation from a legal point of view.

Ask your question on the site and our specialists will contact you shortly.

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

When purchasing a phone, you must keep the receipt, box and its contents in the 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 reason for returning products may be the fact that the phone did not like the appearance or functionality.

First of all, you need to make a claim in 2 copies. The claim form can be taken from the seller or compiled 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 goods (shop, address, etc.);
• Date of purchase;
• description of the defective goods;
• requirements put forward: exchange, refund, repair, etc.

One copy remains with the buyer with a mark of acceptance of the claim by the seller, the second copy is transferred to the store. The representative of the salon is obliged to draw up an act in the presence of the client, which will describe the external state of the phone, such actions are dictated by the law on "Protection of Consumer Rights".

In the event that you agree with the specified description, you can sign and get your hands on a copy of this act.

Based on the claim and the act, an examination is carried out, which is 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 examination committee can 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 does the law say

In article 502, clause 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 LOZPP states that it is possible to return products of good 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 salon.

There is also a list of "Technically complex goods", but mobile gadgets are not included in it. The layman considers the mobile device complex in its functionality, but this is not enough for the store to rely on this, refusing to satisfy the claim.

The list of "Technically complex goods" is in the public domain on the Internet, where each consumer can get acquainted 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 - the conclusion of 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 salon. It is worth noting that sellers do not solve such issues, so you can contact the salon administrator or manager.

It must be understood that the conversation with the store, the buyer needs to be in the key of the exchange, and not the return of the 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 getting 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 claim, indicate all information relating to 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, money is often not returned, but warranty service is carried out.

Phone return

Products of inadequate quality are those that have external damage. Such goods can be returned to the store only under the terms of the guarantee. The phone, after drawing up the act (1 copy of which remains with the buyer), will be sent for examination, where the cause of the malfunction will be identified. If, following the results of the examination, the commission comes to the conclusion that the malfunction of the gadget is caused by the negligent attitude of the owner, the goods will be returned without repair work and marked “out of warranty”. In the event that the cause of the failure is the fault of 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 deliver the phone to the manufacturer's warranty department on their own, causing it to be prompt. It is not recommended for the user to do this. According to the law "On Protection of Consumer Rights", the seller independently and at his own expense delivers the products to the warranty department and conducts an examination, on the basis of a contract concluded with the manufacturer.

There are also two types of return of goods under warranty:

1. Returns within 14 days of purchase not including the day of purchase. Based on Article 18 of the Consumer Rights Protection Law, the buyer has the right to:
   • return money for purchased low-quality goods;
   • you can insist on repairing the phone under warranty;
   • claim a reduction in the cost of the phone.
2. Return 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 found in the mobile device that interferes with the correct operation of the phone; if the period of service under the guarantee of the goods has exceeded the 45-day period.

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

In the event that a recently purchased phone is out of order for some reason, the consumer should not rush to repair it, especially for a fee. It is important for consumers at this moment to contact the store with a request to exchange the device for a similar one, or to 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 the mobile device for 14 days.

On October 22, 2010, a letter “On the exchange of cell phones” was published on the website of Rospotrebnadzor.

The general meaning of this letter comes down to the fact that a cell phone does not apply to goods of good quality that are not subject to exchange. Therefore, the provisions of Art. 25 of the Law "On Protection of Consumer Rights": cellular the phone can be returned or exchanged within 14 days, not counting the day of purchase.

If the store refuses to return the money for the goods or to exchange the goods, then this is the basis for bringing it to administrative responsibility under Art. 14.15 Administrative Code (fine - from 10,000 to 30,000 rubles).

Subsequently, this letter was removed from the website of Rospotrebnadzor., which was explained by a technical error. 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. Next, we will try to reveal all aspects of this problem and answer the questions posed.

Usually, Rospotrebnadzor proceeded from the fact that a cell phone belongs to household radio-electronic equipment and, in accordance with clause 11 of the List of non-food products of good quality that cannot be returned or exchanged for a similar product of a different size, shape, dimension, style, color or configuration (hereinafter " List"), cannot be returned or exchanged within 14 days of purchase. In a deleted letter, Rospotrebnadzor for the first time tried to substantiate the fact that a cell phone does not belong to household radio-electronic equipment, using data from the All-Russian Product Classifier (hereinafter referred to as OKP), approved by Decree of the State Standard of the Russian Federation dated December 30, 1993 No. 301.

Note that the letter of Rospotrebnadzor is not an act containing mandatory rules of conduct, therefore its removal from the official website does not affect the argumentation contained in it. In a remote letter, Rospotrebnadzor indicated the following: in accordance with the OKP, radio-electronic household equipment belongs to the class of goods with OKP codes 65 8000 - OKP 65 8900. And according to, for example, a certificate of conformity, a cell phone is a product with the official name "portable radio station" and has an OKP code 65 7140. Therefore, a cell phone is not a consumer radio equipment and is not a non-exchangeable or non-returnable item.

The use of the OKP as a criterion for assigning a particular product to a particular group is complicated by the fact that the OKP was approved at the end of 1993 and, of course, is somewhat outdated. On the other hand, today there are no other acts that would fully replace the OKP, and that could be used instead of it. And the need to determine the content of such product groups as “sewing underwear”, “electromusical instruments”, etc. appears every day. This can be done today only with the help of OKP. Of course, it is impossible to leave the issue of classification of goods purely at the discretion of the law enforcer.

Therefore, we can conclude that the logic described in the deleted letter from Rospotrebnadzor is quite reasonable, and the exchange or return of a cell phone of good quality within 14 days is possible.

However, it should be emphasized that the courts to date have predominantly taken a reverse position and denied consumers' claims for a refund of money paid for a good quality phone. The courts rely on the fact that the phone belongs to the technically complex goods and do not analyze whether they are included in the List of goods not subject to return.

If, nevertheless, according to the results of using the phone, for some reason you were not satisfied, and you want to return it, then you can resort to Art. 12 of the Consumer Protection Act. In this case, you need to justify the fact that when choosing a product you were guided by the presence or absence of certain characteristics. When purchasing, the presence of undesirable characteristics of the goods was not reported, or, on the contrary, false information was provided about the possession of the goods with desirable characteristics. In most cases, this will allow you to return the cell phone to the seller without any problems.

The relevance of the article and its compliance with the law are confirmed as of January 01, 2017.