Application for the return of the phone of inadequate quality. How to get a refund for a phone under warranty? Warranty claim over the phone

Good afternoon Inna!

Firstly, the following data is required to make your claim (according to the regulations):

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

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

3. You, as I understand it, handed it over for repair, what did they tell you at the service center? that it will be returned later - already repaired? Or is it impossible to repair*? Or do they even refuse to return it without explanation?

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

I am sending you an example:

Director of ZAO TeleSvyaz
from Ivanova Inna Alexandrovna

residing at:
Rostov-on-Don, st. 5th Sovietskaya 100, apt. one
(tel. 111-11-11)
CLAIM

May 11, 2008 I purchased a cell phone and a memory card for it in your store, which is confirmed by the receipt and warranty card. The warranty period is set for 36 months.
During operation (two months later) it turned out that the phone with a memory card does not work - a manufacturing defect. When concluding a sales contract, I intended to purchase a quality product that complies with GOST, without any defects, and the seller guaranteed the quality. May 24, 2008 I filled out an application for the repair of a cell phone according to the warranty card No. ... The phone was accepted by the employee -M ... Within 45 days, the repair was not completed and they refuse to return the phone to me for the reason ....
In accordance with Article 18 of the Law of the Russian Federation “On Protection of Consumer Rights”, a consumer to whom goods of inadequate quality are sold, if it has not been agreed by the seller, has the right to refuse to fulfill the contract of sale and demand the return of the amount of money paid for the goods, as well as compensation all damages caused.
In accordance with Art. 22 of the Law of the Russian Federation "On Protection of Consumer Rights", the period for satisfying individual consumer requirements, including a refund, is 10 days from the date of receipt of the request. For delay Art. 23 of the Law of the Russian Federation "On Protection of Consumer Rights" provides for a penalty in the amount of 1% of the price of the goods for each day of delay in satisfying the claim, and the amount of the penalty is not limited.
In connection with the above
ASK:
- immediately return the amount of 10,000 rubles paid for a phone of inadequate quality;
In case of failure to satisfy the stated requirements within the prescribed period, I intend to apply with a statement of claim in defense of my rights to the courts with the requirements specified in the claim, as well as with a claim for compensation for non-pecuniary damage; court, in accordance with Art. 13 of the Law on the Protection of Consumer Rights, imposes a fine on the seller for non-compliance with the requirements of the consumer on a voluntary basis. Also, a state duty and a performance fee may be collected from your organization.
Applications:
1) a copy of the consumer's application for a refund dated May 24, 2008;
2) a copy of the warranty card;
3) a copy of the check;
4) a copy of the act of completed work of the service center;
November 25, 2008 I.I.

Today, almost everyone has mobile phones - from young children to grandparents. Demand creates supply, so mobile phone stores open at every turn. Buying a phone is as easy as shelling pears, if you have money, and even if you don’t have enough money, you can always get a loan right in the store. However, difficulties begin immediately when using the phone: the number of consumer complaints about low-quality mobile phones is constantly growing. Lawyers of the Union of Consumers of the Vologda Oblast "Paritet" write complaints about the return of phones literally every day. And each time, in almost the same words, the affected customers convey their conversation with the staff of the mobile phone salon. Therefore, we decided to collect the most popular cell phone store tricks and tell you about them.

“This is a technically complex product. Money cannot be returned, only warranty repair

Yes, indeed, mobile phones have been introduced (Decree of the Government of the Russian Federation No. 924 of November 10, 2011). However, this does not mean at all that if a defect occurs, the phone cannot be returned to the store or exchanged, but you need to be content with only repairs. It is possible to return a technically complex product in case of a defect, but there are some nuances.

First of all, within the first 15 days from the date of purchase, you have the right to return the phone to the store due to any defect, even those that are eliminated very quickly and without a trace. At the same time, you decide what to require from the store. And you can choose from the following options:

• replace with a phone of the same brand (same model and (or) article) - if you like the model, but the problem is specifically in this phone;
• replace with a phone of another brand (model, article) with an additional charge or vice versa, with a partial refund of the cost - if you understand that the problem is in the phone model and want to try another one;
• ask for a commensurate reduction in the purchase price - if you are ready to put up with the presence of a defect, but want to receive a discount;
• ask the store to immediately and free of charge fix the defect, or compensate your expenses for repairs in another place - if you do not trust the repair to the store;
• return the phone and ask for your money back.

As you can see, the choice is quite large and you choose it yourself, that is, the store cannot force you to change your phone if you want to get your money back. Therefore, we recommend that all buyers immediately after purchasing the phone actively start using it and study its functions and features. And if during the first 15 days something goes wrong, feel free to take the phone to the store.

Second, even if more than 15 days have passed since the purchase, there is a choice - a commensurate reduction in the price of the phone, free warranty repair in the store or reimbursement for paid repairs elsewhere.

Thirdly, even after the first 15 days from the date of purchase, in some cases you can ask for a refund for the phone or its replacement. This is possible in the following cases:

1) your phone has significant drawback. This is considered a disadvantage that:

• not eliminate in principle;
• appears again and again after repeated repairs;
• requires very expensive or lengthy repairs, etc.

2) you handed over the phone for repair to eliminate defects, but it dragged on longer than it was written in your receipt for repair or in the phone purchase agreement. In any case, by law The store has no right to eliminate defects for longer than 45 days.

3) within one year warranty period you handed over the phone for repair several times, while the total duration of all these repairs was more than 30 days.

As you can see, there are many cases where you can ask for money back for a phone.

“All claims are not to the store, but to the service center”

It's probably a familiar situation. You came to the mobile phone shop where you bought the phone, you try to tell the manager about your problem, but he doesn’t even want to listen to you: “Go to the service center.” In fact, the manager is frankly cunning. The fact is that the law "On the Protection of Consumer Rights" gives you, the buyer, the right to choose who to complain to:

• the store where you bought the phone;
• an authorized organization or an authorized individual entrepreneur (on the packaging of the goods it should be written “authorized organization”). This is such a structure that the manufacturer of the goods has empowered to work with consumer complaints;
• phone manufacturer or importer - about replacement with a phone of the same brand, free elimination of defects or a refund for the goods.

If you decide to write a claim to the store, then this is your right, and no one can force you to go to the service center.

“First we will make a diagnosis, then write a claim”

Remember clearly: All claims must be made in writing.. If you brought the claim to the store personally, then the store employees are obliged to accept it from you and put a mark on receipt on the second copy of the claim. Moreover, for successful prospects for a refund for the phone, it is fundamentally important to file a claim in a timely manner. Remember the first 15 days from the date of purchase: during this period it is much easier to return the phone. Therefore, you need to stock up on evidence that you managed to get in this period. And then, even if the store does not give you an answer to the claim or refuses, you have as much as 3 years to file a claim with the court and resolve the issue by force.

In addition, it is often necessary prove that you asked for a refund, and not a warranty repair. If you haven't filed a claim, the store will make the choice for you. Oral requests, unfortunately, cannot be sewn into the case, and in many cases, buyers who have not filed a written claim and believed the store are doomed to warranty repairs.

Please note that the filing date of the claim is also significant in determining the timing of your claim. By law, you have 10 days for a refund on a phone, 7 days for a replacement (or 20 days if quality control is required), and if these deadlines are violated, then a penalty begins to drip. Remember the golden rule: claim in the morning - diagnostics in the afternoon, claim in the afternoon - diagnostics in the evening, claim in the evening - diagnostics in the morning.

“We can offer only paid repairs”

Such a response from the store is legitimate only in two cases:

• the warranty period for the phone has already expired (however, there are exceptions here too: for example, for cases where the warranty period was set for less than two years, and you filed a claim within 2 years from the date of purchase);
• the consumer is to blame for the defect - for example, you spilled water on the phone, or did not follow the manufacturer's recommendations and did not update antiviruses - or a third party (unskilled repair).

Therefore, there is only one advice for such cases: if you know for sure that you used the phone as expected and did not repair the phone from an incompetent master, then do not be afraid to defend your position, go to court. We can recall a case from our practice: a woman bought an exhibition model of a telephone in a mobile communications salon. The next day, the slot with the SIM card fell out at the phone, and the phone stopped working. The store offered the customer only paid repairs, and its cost was comparable to the price of the phone. The woman came to us, and at her request we went to court. According to the results of the forensic examination, the store failed to prove that the nest was broken by the customer, and the court decided to satisfy the customer's claims.

“The deficiency has not been identified. Software has been replaced"

Our experience shows that in almost 90% of cases, buyers receive just such a response to a claim from a store. Unfortunately, mobile phone stores are not inclined to satisfy all consumer claims, and even justified claims, in a timely manner. The calculation here is simple: we will respond to the claim with a refusal, and not everyone will go to court, and whoever goes will already be in court and we will resolve the issue. Due to such a scheme, a sufficiently large number of consumers who simply do not want to waste their time on the store are eliminated.

What to do when receiving such a response? We believe that in this case it is necessary to resolve the issue through the courts. Mobile phone refund disputes are categorized as consumer protection cases. Therefore, the issues of filing a claim and conducting a case in court are greatly simplified.

First of all, no need to pay stamp duty for filing a statement of claim in court and you can file a lawsuit against a justice of the peace in your court district, even if your defendant is a federal network. Secondly, you can seek help from your local consumer protection society, where in most cases assistance will be provided free of charge. Thirdly, and not least, the consumer protection law clearly states that the store must be responsible for the shortcomings of the phone, unless it proves that the consumer or third parties are to blame for the shortcoming. Such a question is proved only by a forensic examination. Since it is up to the store to prove it, in most cases it is the store that files a petition for an examination in court and pays for the forensic examination. In our practice, in the vast majority of cases, the examination reveals manufacturing defects in goods, so the requirements of consumers are recognized as justified.

Nowadays it is quite difficult to find a person without a mobile phone. Almost everyone has it - from a child of primary school age to a pensioner. This convenient device allowed a person to communicate anywhere and anytime. At the same time, with the invention of compact smartphones that contain the functionality of powerful computers, progress has not stopped. The mobile technology market is growing and developing every day, new phone models appear and disappear.

Unfortunately, not all mobile devices on the market are of satisfactory quality. And in this regard, the buyer may not want to spend his money on a model that does not work, freezes and “bugs”. But what to do if the money is already in the store, and the phone is on hand and works, but not the way you would like? In this case, a refund will help you.

What is a phone refund?

As the name implies, it allows you to get money back from the seller. In this case, you will have to return the smartphone to the seller - no matter how non-working the model is, it will need to be returned.

The refund operation for the phone takes place depending on when you made the purchase.

Refund for a phone purchased less than 15 days ago?

Bought less than two weeks ago - the procedure is very simple. There is no need to file any claims for the return of a mobile phone - just contact the store with a check. You will have the following options to choose from.

1. Replacement of the returned phone with a similar model or with a model of a different brand (if the price differs, an additional charge may apply).
2. Instead of returning a defective product, you can request a discount. This is quite beneficial in the case when the defect can be eliminated and you agree to the repair. However, not every seller performs such an operation.
3. You can ask for a refund for the mobile phone.
4. At the same time, when returning the phone, the store cannot refuse you within the first two weeks. Try to identify all possible defects as soon as possible in order to avoid difficulties when returning a low-quality phone.

Information

After two weeks, you can still go to the store and ask for either a free repair or a discount. However, you can not count on a refund for a bad phone in a simplified manner.

It will be possible to return the phone after 15 days of use only if one of the following conditions is met:

1. It has a significant breakdown, which either requires expensive repairs or which cannot be repaired at all.
2. Free repair of your mobile lasted longer than 45 days.
3. You took it in for repair several times during the year. If the repair lasted more than 30 days in total, then you have the right to return the phone without making a claim for a refund.

Claim for a refund for a defective phone

The claim is made in printed form and in several copies. , without the participation of a notary or a lawyer. It must include the following items in order:

• Full name of the organization.
• Full name of the head of the organization (You can find it in the store or via the Internet by requesting information about the organization).
• Name and details of the complainant.
• Composer's contact details.
• Place of claim.

This is where the hat ends. In the middle of the sheet is written "CLAIM". Followed below:

• The circumstances of the purchase of the goods.
• Reason for returning the phone.
• Required amount.
• The reason for the impossibility of a peaceful settlement of the issue.
• Claim response time.
• List of additional documents.
• Personal signature and date.

Filing a claim for a refund for a non-working phone

1. Directly to the store where the phone was purchased.
2. Individual entrepreneur, firm or organization that sells mobile phones (it must be indicated on the sales receipt and on the box with the phone)
3. Directly to the phone manufacturer.

How to properly file a claim for a refund for a low-quality phone?

A warning

Remember! The verbal claim of the buyer for the return of the phone in practice is not recorded in any way and nowhere and may well not be considered by the store. This is often used by unscrupulous sellers.

All claims for returns must be made in writing and in duplicate. In this case, one claim for a return remains with the buyer. A mark is placed on it that the store employee accepted his copy.

When filing a claim, the seller may require your phone for examination. You can either refuse it and conduct an independent examination, or agree to it. If you agree to the examination, be sure to draw up an acceptance certificate containing a detailed description of the phone and the nature of its damage.

It is also desirable to attach a sales receipt or a copy of it, as well as an expert certificate (if any) to the claim.

Sample Claim

There is no single sample claim for the return of the phone. Each of them is filled in individually, depending on the causes of the breakdown and other factors described above. You can download a sample claim below.

Is it worth going to court?

If your rights are violated, then definitely worth it. Often the stores themselves, in the event of a dispute, say “If you have complaints, then go to court.” This is purely a psychological trick. Most shops will obviously not benefit from litigation, but by sending the client to such a high authority, they can frighten him away.

In most cases, the court takes the side of the buyer. This is due to the fact that the Consumer Protection Law clearly states that the seller is responsible for his goods. So you can only lose if you yourself broke your phone and want to hide it.

Buyers can independently protect their rights and interests. Next will be discussed on the return of money. For example, for a phone. This document serves as a means of protecting the interests of the buyer. Therefore, they should not be neglected. There are rules, adhering to which, you can easily return the money for a particular purchase. So how is a claim of the established form made? What should everyone know about the process?

Definition

First you have to understand what kind of paper we are talking about. What is called a claim? As already mentioned, this is a document that allows the population to protect their interests and rights.

Thus, a claim for a refund is a way to protect the buyer. This is a kind of business-type letter that does not have any significant features. It is a way of pre-trial proceedings with organizations. But not everyone understands how to make a claim for a refund. Therefore, this process will be discussed a little later.

Law on Consumer Protection"

It is important to remember that claims do not always take place. The thing is that the buyer will be able to return the money for any purchase if he complies with the law "On the Protection of Consumer Rights". It specifies the rules for purchasing goods. If they are violated, you can make a claim and return the money for the phone.

If the law protecting the rights of buyers is not violated, then the relevant organization is unlikely to respond to the application. After all, there must be grounds for any complaints. Sometimes the fault for the violation lies with the one who buys the mobile phone. This fact will have to be taken into account.

Let's assume that there are grounds for complaint. How to make a claim for a refund in this case?

It's not too difficult to do this. Especially if the citizen has already worked with business correspondence. It is enough to adhere to the basic rules for writing a document.

To be more precise, we are talking about the following rules:

• the text presented should be logical;
• information is presented in a business style;
• the claim should not contain any jargon or profanity;
• the document is concise and clear.

Accordingly, it is necessary to state only facts and information that can influence the decision of the organization. There should not be any extra data.

Document Components

How to file a claim for a refund for a phone? To do this, you will have to understand that this document has a certain structure. Its observance greatly facilitates the task.

To date, a claim, like any other business document, consists of:

• "caps";
• denominations;
• main part;
• conclusions.

Keeping this structure is easier than it seems. Each component of the claim will be discussed in more detail below. Only in this way will it be possible to 100% correctly draw up paper.

About the "hat"

A huge role is played by the design of the "cap". This is a part of a business letter that has nothing material to do with the case. Will have to write:

• the name of the organization (preferably with the address) to which the document is sent;
• Full name of the head of the company (optional);
• information about the applicant - last name, first name, patronymic, city of residence;
• contact details for communication with a citizen - telephone, address, e-mail.

In this sequence, one or another information is written. It is displayed in the upper right corner of the page. Each item is a new line.

How to make a claim for a refund? After the "cap", as already mentioned, you must specify the name of the paper. Preferably with clarification. In the center of the page write "Claim". And under this word - the reason for the citizen's appeal. In our case, this is "Claim for a refund for the phone."

About the main part

The most important part is the body of the document. How can the task be brought to life? How is a claim written? To do this, in its main part you will have to talk about:

• the value of the goods;
• the circumstances that preceded the purchase;
• the reason for the refund;
• the amount you want to get back.

It is advisable to refer to the legislation when expressing dissatisfaction. If there are certain facts and evidence, you will have to mention them.

How to write a claim for a refund for a phone after checking the quality of the device? It is necessary to conduct an examination (independent), and its results should be attached to the document.

The list of attached papers is drawn up as a separate item following the main part. It must be numbered without fail.

Conclusion

Now it’s clear how to make a claim for a refund for the phone. After repair or purchase of goods - this is not so important. The main thing is that the principles of compiling and writing paper remain the same.

The conclusion of the document is the date of its writing, as well as the signature of the applicant. Usually there are no problems with this component. Therefore, it is often not considered part of the claim at all.

Sample

How to file a claim for a refund for a phone? The template below is just a template for the main part of the appeal. By changing it, you can count on a refund in one case or another.

The claim looks like this:

"I, (full name, passport details), bought a mobile phone (product model) in a store (name of organization) on April 15, 2010, worth 6,000 rubles, which is confirmed by a check. After checking the gadget's performance, it turned out that the battery is almost empty. The seller explained that it is enough to charge the device at home, and everything will be fine. The phone was guaranteed for 12 months, which is confirmed by the corresponding document.

After charging the phone (model) at home, I found that the battery still does not work - it charges 1/3 for any duration of charging. I conducted an independent examination, the results of which revealed that the battery of the smartphone was initially faulty.

I ask you to return to me the money in the amount of 6,000 rubles paid for the phone (device model), as well as 3,000 rubles for an independent examination. Evidence of the procedure and its cost is attached."

Now it’s clear, for a refund for the phone. If the phone does not fit, then it is unlikely that it will be possible to return it to the store. Especially when it comes to long-term use of the gadget (more than 14 days). In fact, everything is easier than it seems!

Results

How to make a claim for a refund? Now the answer to this question will not keep you waiting! The procedure is not difficult, any citizen will cope with it.

The letter must be responded to within 10 days of receipt of the complaint. Otherwise, the citizen has the right to protect his interests and rights in court or Rospotrebnadzor.

By following all the above instructions, you can make any claim. For this paper, the general rules for registration are relevant.

Mobile phones are among the most frequently purchased items. Almost every person has this means of communication, without it it is difficult to imagine modern life. By purchasing an expensive means of communication, the consumer has the right to count on long-term operation. If suddenly an unpleasant situation arose and the phone turned out to be defective, then it can be handed over to the seller.

Both parties to the transaction have their own rights and obligations that must be fulfilled. If the purchase is under warranty at the time of failure, then there are special rules that we recommend that you familiarize yourself with.

All relationships between the parties to the transaction are regulated by the Law on the Protection of Consumer Rights (LOZPP). Legal regulations consider all acceptable situations and provide a course of action. If the phone breaks under warranty, the buyer has the right to return it to the seller, use free repairs or exchange it for the appropriate product.

You can file a claim with the seller if:

• the warranty is preserved;
• the rules of operation were observed;
• there are receipts or other payment documents.

The buyer must contact the sales organization and present their claims in writing. You must indicate the reason for the return of the goods or, replacement with another copy. If a conflict situation has arisen between the parties, then an appeal to the executive bodies for the consideration of consumer disputes will be required. Especially often the seller's claims and refusal to accept the goods arise when the end of the warranty period is nearing.

The seller tries to prove that the damage is due to incorrect and negligent operation, and not to internal malfunctions. The buyer's claim, with the attached warranty card and payment document, is written in two copies: for the seller and for himself, on which the recipient must sign. If there are claims and the seller does not want to sign for receipt, then it makes sense to record the signatures of two witnesses.

The application is written in any form, but must contain the following mandatory information:

• buyer's personal data;
• brand and passport data of the goods;
• reason for return;
• the applicant's requirements;
• date and signature.

The defective phone is sent for an independent technical examination. Payment for the work of experts is made by the buyer, but if his point of view is correct, then the cost will be recovered from the seller. Also, the seller can conduct an examination and provide the buyer with documentary evidence of the specialist's point of view. If the conclusion contains information about a factory defect, then the dispute ends and the buyer has the right to refuse repair, but take the money or a similar product.

It is considered a mandatory rule: if the owner has agreed to repair (warranty or paid), then he cannot later refuse to use the phone.

If the case is not guaranteed, that is, the fault of the buyer was found in the breakdown, then he can challenge this conclusion with the organization for the protection of consumer rights.

Sometimes the device loses its working qualities after the warranty repair has been completed and the owner has withdrawn his claims. If the owner has kept payment documents, extracts from the warranty workshop and he is not guilty of a new breakdown, then funds may be requested in full. You will need to write a claim again and demand a refund for the purchase.

Stores hardly go for a refund, offer other options: another repair, replacement with a cheaper analogue, or other proposals that run counter to the interests of the buyer. By law, the money must be returned without additional examinations and delays. You can apply with an extract from the conclusion of the warranty workshop, which indicates the impossibility of restoring functions.

If other proposals are made by the seller, the buyer has the right to file a claim with the court. The basis and confirmation of the position of the plaintiff will be expert assessments and the refusal of the seller to resolve the case legally. The buyer will have the right to claim non-pecuniary damage, indicating the duration of consideration and delay on the part of the seller of the goods.

If the phone is sold of good quality and the buyer decides to return it within 14 days, then he will not be able to do this. High-tech products cannot be returned if the buyer does not like them. Only if there are malfunctions and refusal of warranty services, you can return the money.

An application filed on a conflict issue addressed to the head of a trade organization must have a response within 10 days. The decision will serve as an appeal to the court or supervisory authorities if it does not suit the buyer in whole or in part.

A cell phone or other devices cannot be returned due to the fact that the buyer is disappointed in it. For other purchases, there is a rule that it is possible to return an item that has retained its external qualities and packaging within 14 days without giving reasons. But there is a statutory list of goods to which the rule does not apply. In other words, you can contact the seller only due to malfunctions during the warranty period.

The rule of agreement between the parties already applies here, warranty repairs are not always possible, and the buyer will have to prove that he did not damage the phone. This question is quite serious, since we are talking about significant material amounts. That is why it is so important to keep all receipts, passport and other documentation, such as a warranty card, in order to prove your position in case of disputes.

The seller should be aware that, being the defendant in the case, and if found guilty, he will have to return the cost of the goods and pay an administrative fine for non-compliance with the Law of the RFP.

Phone refund