What to do if you sold a smartphone of poor quality. How to legally return a smartphone to a store

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

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

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

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

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

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

For what reasons can I return a phone?

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

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

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

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

Disliked product cellular communications You can either exchange it for a similar one or request a refund. Written The claim is considered by law within 10 days. Upon return cellular consumer must receive the money no later than three days.

How to return a phone of poor quality?

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

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

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

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

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

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

The exchange applies to two cases:

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

When can I return my phone?

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

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

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

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

What to do if you don’t like the recently purchased phone? Surely many have encountered a similar situation at least once. It is worth knowing your consumer rights to resolve the problem.

Let's find out if it's possible to return a working phone to the store if it just doesn't fit.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact the online consultant form on the right or call free consultation:

How to speed up the exchange or return process?

You can go to a little trick: the law “On Protection of Consumer Rights” stipulates that the seller must provide full information about the product. But, as a rule, store consultants often do not talk about the lack of any functions a certain model goods, because their goal is to sell.

In addition, complete with modern phones instead of detailed instructions They only sell a short user manual. Therefore, when contacting a store with a request to return or exchange a product, you may well refer to the fact that upon purchase you were not provided with comprehensive information about certain functions of the product.

Often the store is more willing to agree to exchange goods. If the store has a phone model that suits you, a compromise option of exchange rather than returning the goods will be the most simple way out from the situation.

If you exchange for a phone model of a different cost, the store will recalculate and return the difference, or you will have to pay extra for a more expensive model.

What documents do I need to provide?

When a consumer contacts a store for an exchange or return of a working phone on the day of purchase, it is enough for him to have with him a document confirming the purchase, as well as the product itself in fully equipped.

If the buyer contacts the store later (but), he will need to write an application and provide identification. The application must indicate the reason, at which the consumer intends to return or exchange the purchase.

The reasons may be different: inappropriate equipment sizes, equipment, color, etc. If the consumer decides to return or exchange the phone without explaining the reason, he thereby gives the seller the opportunity to refuse this request on formal grounds.

So, basic rules for returning a phone which didn't work:

no more than 14 days have passed since the date of purchase (not counting the day of purchase);
the presentation is preserved, there are no traces of use;
The consumer should contact the store with the complete product, documents for the product and an identity document.

Funds are returned to the buyer within three days from the date of application. In case of payment of money for bank card The time frame may take a little longer - up to 10 days.

Returning a phone purchased through an online store

You can return an unsuitable phone purchased in an online store or by phone before receiving the goods and within 7 days from the date of receipt. The consumer should contact the management of the online store through a written statement.

The cost of delivery of goods in case of refusal of it is not reimbursed by the store., and the return Money for the goods themselves, the payment will be made within 10 days to a bank card.

How to return your phone within 14 days without any problems - watch the video tip:

For most Russian residents, their knowledge of the Consumer Rights Protection Law (ZPPL) boils down to the fact that they can seemingly return any product within 14 days.

Not everyone knows the subtleties and nuances of the law - it is easy for an ordinary citizen to get confused in the wording and additions. In addition, many sites provide incorrect or outdated information.

To make it easier for you to understand in which cases you can return money for a smartphone and in which not, keep detailed instructions.

Case one. You bought a smartphone and you don't like it

Let's say you bought a smartphone, used it a little and realized that you absolutely don't like it. It doesn’t matter for what reason - color, shape or size.

In this case, the law is not on your side. The fact is that the ZPPP contains a list of goods that cannot be returned within 14 days. This list includes a lot of things, including jewelry, medicines and complex technical equipment.

These are just smartphones, tablets, laptops, TVs and many other equipment.

It turns out that the seller, on completely legal grounds, can refuse to return your money for a smartphone if you simply don’t like it.

However, there are stores that meet customers halfway and exchange gadgets - this is a manifestation of loyalty to their customers and the good will of the seller.

There are very few such outlets and most large chain retailers such as MTS and Euroset refuse to return or replace the device. If this point is critical for you, check the exchange conditions with the employees before purchasing. They also write about this on retailers’ websites or can tell you on the hotline.

For example, Svyaznoy’s internal instructions allow for the return or exchange of a smartphone at the discretion of the seller. note that Apple iPhone there is no way to return it, even in the most loyal salon.

But most employees either do not know about this instruction or do not want to meet clients. There is a small risk that the phone will have a hidden defect that the buyer is silent about (for example, the gadget has been in water).

I heard from familiar employees that sales consultants do not want to exchange smartphones, even if internal instructions allow this. You can confirm the information simple survey in the community for Svyaznoy employees. The results speak for themselves.

Also, slightly different rules apply when purchasing online. For stores selling goods online, distance selling rules apply. According to the law, you can return your smartphone to the online store within 7 days after purchase.

The list of technically complex goods does not apply when sold online, but the device must be in perfect condition - it will definitely not be accepted back if it is scratched.

Case two. You bought a smartphone and it turned out to be defective. Two weeks haven't passed yet

Not a single smartphone is immune from breakdowns - every manufacturer, without exception, has a small percentage of defects. Some have more, some have less, but the fact remains that even Apple has factory defects.

If such an unpleasant situation arises, immediately go to the store where you purchased the smartphone. If two weeks have not yet passed from the date of purchase, then you can safely count on a refund.

True, there is one nuance.

According to the same PZPP, the seller has the right to make sure that the defect did not arise through the fault of the owner - for this he sends the gadget for quality control.

This is done to eliminate the possibility of intentional damage.

When you come to the store, you shouldn’t count on fast exchange broken device. In this case, the law rather protects the seller, not you.

There are some retail outlets that, in the event of an obvious defect in the product, meet halfway and change phones without any examination. But there are very few such stores; they can be included in the Red Book.

What is expertise and what to do with it

Most retailers prohibit their salespeople from refunding or replacing defective items without further inspection.

Expertise can last from 10 to 20 days, depending on what you want - exchange the device for another or return the money. By the way, most sellers insist on exchange and examination lasting 20 days.

You have the right to a refund with a quality check for a period of 10 days - in many stores you will have to file a claim or call hotline to the complaints department.

In addition, carefully read the applications that are given to you to sign - very often employees confuse (accidentally or intentionally) the documents and send the smartphone for repair instead of examination.

After a period of 10 or 20 days, you should receive answer about the results of quality control. As a rule, if you really have a manufacturing defect, it will be confirmed - the store has no need to spoil its reputation.

However, there are floating defects. For example, loss cellular signal, operating system glitches and so on. They are often not noticed during examination or are not recognized as defective.

If you are sure that this is a factory defect and are ready to go to the end, then you can carry out independent examination at your own expense. At positive result verification from a third-party authorized service center, you can write a claim with copies of all documents and wait for a response.

Case three. Factory defect appeared after two weeks

Once upon a time, you could submit your phone for examination during the entire year of warranty and get your money back. But in 2011, with the light hand of our legislators, an addition to the PZPP was issued, which closed this loophole.

The fact is that many buyers abused the return of equipment - by the end of the warranty period they deliberately broke the smartphone or indicated a floating defect, which is very difficult to check.

In addition, some stores simply did not have time to carry out quality checks in 10 days - all this led to additional losses for mobile phone stores.

Now “the screws are tightened” and it is almost impossible to return money for a smartphone after two weeks after purchase.

Almost the only case when a buyer gets a defective product replaced or the money returned after two weeks is when a significant flaw is discovered in it.

What is a significant disadvantage? The law states that this is a breakdown of the product that does not allow it to be used at all, or for a long period. The legislator provides the following description as an explanation:

– Impossibility of repair
– Repeatability breakdowns
– Failures occur again after they have been eliminated
– Disproportion between the cost of repairs and the cost of the goods

The likelihood that your smartphone will have a significant flaw is very low - in most cases, devices are fixed the first time.

If it so happens that you have already returned the device for repairs twice and the defect still has not been eliminated, you will need to write a claim to the seller demanding termination of the purchase and sale agreement.

In any case, you will have to return the phone for repairs, which can take up to 45 days. The wait will be long and tedious, but that is the law.

By the way, when handing over for repairs in a store, you can demand slush fund- a device for the time while you are waiting for your gadget to be repaired. As a rule, these are old cheap smartphones or push-button devices.

You must accept it for repairs at the store where you bought the goods - sellers do not have the right to refuse you.

If possible, it is best to have your device repaired at an authorized service center. Their addresses are in the warranty card or on the manufacturer’s website.

In this case, the process will go much faster and the smartphone can be repaired in just a couple of days. For large chain stores, logistics alone to the SC and back can take several weeks.

By the way, Apple often replaces its defective smartphones with new ones, although it has the right not to do this. For this, she receives people's love, minimizes the owner's negativity and replenishes her stock of restored models.

Results

Unfortunately, in most cases it is forbidden just come to the store and immediately return the money for your smartphone. The law protects sellers to a greater extent and gives them the opportunity to refuse to return or exchange you if you simply don’t like the device.

Returning a smartphone to a store according to Russian law

Good afternoon! An everyday matter - I received vacation pay and bought with it new smartphone, but she was greedy.

To have enough for a vacation, I chose a model that had a red price.

The proverb that a miser pays twice was tested by me in practice. A day later the smart stopped charging.

It’s good that this became clear before leaving, and I managed to return it back to the sellers. I’ll tell you how to return a smartphone to a store in accordance with Russian law. No one is protected from this disaster.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
If you want to know how to solve your particular problem, write your question in the online consultant form or call. It's fast and FREE!

Return and exchange of cell phone

On October 22, 2010, a letter “On the exchange cell phones».

The general meaning of this letter is that a cell phone is not a good quality product that cannot be exchanged. Therefore, the provisions of Art. 25 of the Law “On Protection of Consumer Rights”: a cell phone can be returned or exchanged within 14 days, not counting the day of purchase.

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

This letter was subsequently removed from the Rospotrebnadzor website, which was explained 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.

Typically, 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 another size, shape, dimension, style, color or configuration (hereinafter “ List"), cannot be returned or exchanged within 14 days from the date of purchase.

In a deleted letter, Rospotrebnadzor for the first time tried to justify 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.

Let us note that Rospotrebnadzor’s letter is not an act containing mandatory rules of conduct, therefore its removal from the official website does not in any way affect the argumentation set out in it.

In the deleted letter, Rospotrebnadzor indicated the following: in accordance with OKP, radio-electronic household equipment belongs to the class of goods with codes OKP 65 8000 - OKP 65 8900. And according to, for example, the certificate of conformity, a cell phone is a product with the official name “wearable radio station” and has an OKP code 65 7140.

Therefore, a cell phone is not a household phone radio-electronic equipment and does not apply to goods that cannot be exchanged or returned.

The use of OKP as a criterion for classifying a specific product into a particular group is complicated by the fact that OKP was approved at the end of 1993 and, of course, is partly outdated. On the other hand, today there are no other acts that would fully replace the OKP and that could be used instead.

And the need to determine the content of such groups of goods as “sewing and linen products”, “electric musical instruments”, etc. appears every day. This can only be done today with the help of OKP. Of course, it is impossible to leave the issue of classification of goods solely at the discretion of the law enforcement officer.

Therefore, we can come to the conclusion that the logic described in the deleted letter from Rospotrebnadzor is completely justified, and an exchange or return of a cell phone of proper quality within 14 days is possible.

However, it should be emphasized that the courts currently They mainly take the opposite position and refuse to satisfy consumers’ demands for a refund of money paid for a phone of proper quality.

Attention!

The courts are based on the fact that the telephone is a technically complex product and do not analyze whether it is included in the List of Goods Not Subject to Return.

If, however, based on the results of using the phone, you are not satisfied with some parameters, and you want to return it, then you can resort to Art. 12 of the Law on Protection of Consumer Rights.

In this case, you need to justify that when choosing a product you were guided by the presence or absence of certain characteristics. When purchasing, there was no information about the presence of undesirable characteristics of the product, or, on the contrary, it was provided fake information about the product having the desired characteristics.

In most cases this will allow you to special problems return the cell phone to the seller.

The relevance of the article and its compliance with the law was confirmed as of January 1, 2017.

source: http://imright.ru/vozvrat-i-obmen-sotovogo-telefona/

Is it possible to return a smartphone?

“In relation to a technically complex product, if defects are discovered in it, the consumer has the right to refuse to fulfill the sales contract and demand a refund of the amount paid for such a product or make a demand for its replacement with a product of the same brand (model, article) or the same product another brand (model, article) with a corresponding recalculation of the purchase price within fifteen days from the date of transfer of such goods to the consumer.

After this period, these requirements must be satisfied in one of the following cases:

detection of a significant defect in the product;
violation of the deadlines established by this Law for eliminating product defects;
the impossibility of using the product during each year of the warranty period for a total of more than thirty days due to repeated elimination of its various defects.”

Source: https://pravoved.ru/question/600696/

How to return a faulty phone?

But there is always a chance that the phone will fail later. What can a consumer expect if he wants to exchange such a gadget or get his money back? And how should one behave in such a situation?

Significant disadvantages of complex technology

A buyer who discovers a fault in a purchased mobile phone can choose one of several satisfaction options. By law, he has the right to demand the replacement of a defective product with a similar serviceable one or an analogue of a different brand (in this case, the seller must recalculate the cost of the device).

Another option is to require the seller to repair the faulty gadget or pay for the repair. Finally, the buyer may refuse to fulfill the sales contract and return the cost of the goods.

However, the problem is not which compensation option to choose for a faulty gadget, but how to achieve this compensation. In November 2011, the Government of the Russian Federation adopted a resolution approving the “List of technically complex goods”.

These included computers and computer equipment, laser or inkjet MFPs, digital and satellite television, digital photo and video cameras and equipment for them, digital gaming consoles, as well as household appliances.

Also considered “technically complex” were “equipment wireless communication For household use, including satellite communications, having touch screen and having two or more functions.” Modern smartphones just fit this definition. Therefore, purely theoretically, classifying them as complex technology is correct.

It is the inclusion in the “List of technically complex goods” that actually frees the hands of sellers and creates difficulties when exchanging a low-quality gadget. According to the law, “complex” equipment can be exchanged only if a “significant defect” is discovered.

According to Alexey Kryuchkov, deputy head of the department for consumer protection of the regional department of Rospotrebnadzor, “a defect can be classified as “significant” if it makes the use of the product in accordance with its intended purpose impossible or unacceptable.

In particular, one of the options for the “impossibility and inadmissibility” of using a product is a defect that makes its intended use dangerous to the life, health or property of citizens.” The seller confirms the “materiality” of the defect, and if his views differ from the views of the consumer, a third, independent party is needed.

If the seriousness of the breakdown or defect is not objectively confirmed, the only basis for demanding compensation from the seller will be guarantee period. If it has not yet expired, the phone will be repaired. Samara resident Elvira Khanova says: “I bought a Fly phone at a large communication store.

After two weeks of use, the front panel began to peel off. I came to the salon with a complaint, where they told me that the flaw was too small to return the phone. What confused me most was that the external defect was discovered so early! The very fact of a quick breakdown made me think about the quality of the phone and the availability of a license from the manufacturer.

At the salon, I asked for an examination of the device, but they directly told me that, of course, they would carry out an examination, but the result would not be in my favor. After all, the phone itself is functioning properly, and a defective panel is just appearance, albeit completely spoiled.

It’s good that the deadline had not yet expired at that time warranty service, however, the store that sold me this product did not help me in any way in the end.”

Return technology

If the owner has studied legal aspects return of a “technically complex” phone and made sure that, by law, it has every right return the defective product to the seller, it’s time to launch the mechanism for returning a low-quality gadget.

You can return a faulty product - even if it is classified as a technically complex device - within 14 days from the date of purchase. If you purchase a phone in an online store, the two-week period is counted from the moment you receive the goods. If the seller took your side and agreed to exchange the defective product, then further instructions you don't need it.

You can congratulate yourself on the happily ending episode and enjoy mastering a working gadget. As Vasily Vostrov, service manager at Media Markt Samara, notes, it is possible to prove the need for replacement even if you purchase a technically complex product.

“Such precedents have happened in our store. The demand to exchange a defective product is made by the consumer, and if it is fair, we are ready to either replace the defective product or return the money.”

Serafima Vaikhanskaya, public relations specialist of the Povolzhsky branch of the Euroset company, also reports on the policy of loyalty towards the buyer: “The company has an exchange program for equipment of proper quality, not provided for by law.

In other words, even if the purchased gadget is in working order, but for some reason does not suit the buyer, we are ready for dialogue and often meet the buyer halfway when exchanging portable equipment.”

If the seller refuses to make contact and exchange an obviously defective product, any consumer can take the following steps:

The seller’s refusal to replace a defective product is most likely simply motivated: the defect of the phone is not significant, which means you have no grounds for a return or exchange. In this case, the consumer has the right to request an examination. By law, the seller will pay for it. According to Article 18 of the Law “On the Protection of Consumer Rights”, “in the event of a dispute about the causes of defects, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, or an importer are obliged to conduct an examination of the goods at their own expense.” It will take about a week to check if your phone is faulty. If the examination proves that the phone is faulty and that you are right, the seller will have to agree to your terms.
If, even after an expert opinion, the seller refuses to exchange the goods, you can write a claim in which you formulate your requirements for replacing the defective item. Sample claims and statements of claim can be found on the Internet. Copies of the receipt, guarantee card and passport must be attached to the application, after which it must be sent to legal address the store where the purchase was made, by registered mail. The seller must respond to this letter within ten days of receipt. Silence in in this case is regarded as a violation of consumer rights.
Even if ordered letter the claim remains unanswered, the consumer has no choice but to go to court. Even at this extreme stage, you can “win back” your rights and force the seller to exchange faulty phone. Moreover, if the court sides with the consumer, the seller will have to not only exchange the goods, but also pay him moral compensation.

source: http://63.ru/text/tehnologic/507102.html

How to return a working cell phone to the store?

A familiar situation - you have finally purchased a cell phone that you have wanted for a long time and carefully selected. And now - now he is yours, and you... don’t like him. What should I do - accept the situation or try to return the phone to the store or exchange it for another model?

Attention!

Indeed, this happens. Why? For many reasons - maybe I didn’t like it operating system, or the device turned out to be too functionally complex, and the sound level was too quiet, or the phone’s dimensions are not satisfactory and do not fit comfortably in the hand.

It also happens, for example, that a child is given the same phone as a birthday present that he already has. And there may be many such “or”s, but the fact is a fact: 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.

What the law says

If we turn to the Civil Code of the Russian Federation, then clause 1 of Art. 502 of this legislative act establishes that the buyer can, within 14 days from the date of purchase of a non-food product (unless, of course, more long term) exchange it for a similar one, but of a different size, shape, configuration, color, etc.

If there is a difference in the cost of the returned goods and the one taken in exchange for it, the seller recalculates it.

Now let’s find out what paragraph 1 of Art. tells us. 25 of the PZPP: the consumer, within 14 days, has the right to exchange a non-food product of proper quality for a product similar to the one that did not suit the configuration, shape, dimensions, color, etc.

However, the above provisions do not apply to goods that are listed in the List established by Decree of the Government of the Russian Federation dated January 19, 1998 N 55 (it concerns non-food products of good quality that cannot be returned).

This document contains the following restrictions: non-food products can be returned within 2 weeks only if they are not technically complex.

Technically complex goods, if they are in working order, cannot be returned. In this regard, a logical question arises: is a cell phone a technically complex product or not? The answer to it determines whether it will be possible to return it.

The first thing that comes to mind is mobile phone– of course, it’s a complex device, because it’s packed with so many things! But this is from our philistine point of view, which cannot be used in legal disputes (but which sellers of electronics stores use very well when they refuse to return such phones).

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

However, according to the All-Russian Classification of Products OK 005-93, as well as the Certificate of Conformity, cell phones are products that have the official name “wearable transceiver radio station”, which is assigned OKP code 65 7140 (the name “cell phone” is household, everyday) .

This means that the cell phone belongs to a class of goods called "general radio communications, radio broadcasting and television" and is not a radio electronic device. household equipment(the codes of which are completely different - OKP 65 8000 - OKP 65 8900).

In addition, a mobile phone is not a telephone device with an OKP code of 66 7310. Thus, cell phones are not listed in clause 11 of the above List.

Please note that similar clarifications were contained in the letter “On the exchange of cell phones”, published on October 22, 2010 on the official website of Rospotrebnadzor. It also stated that sellers do not have the right to refuse a consumer an exchange of a working mobile phone.

Then a detective story happened with the letter - it mysteriously disappeared from the site, and in its place there was an explanation that the publication of this letter was a technical error. How clarification of legal issues could be a technical error is not clear.

(5 ratings, average: 3.80 out of 5)

You can return your mobile phone on the basis of Article 25 Federal Law"On the protection of consumer rights." If found on your phone after purchase significant shortcomings, you can return it to the store and ask for a refund or exchange for another phone.

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

Returning a faulty phone is possible within 14 days after purchase, not counting the day of sale. Moreover, a refund is also possible when you have lost a sales or cash receipt. The phone must retain consumer properties, have a marketable appearance, as well as factory seals and labels.

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

Is it possible to return a phone of proper quality?

Ways to return a working phone to the store

There are several ways to return a quality mobile phone:

Agreement with the seller. If you want to return a working phone to the store, you should not ask for a refund, but an exchange for another model. Refund for quality phone Not every seller will agree, and the law will be on his side. They agree to exchange much more willingly. But it’s better to talk about this with management, rather than with ordinary sellers.

The buyer is reluctant to ask to exchange a phone in large chain stores, in small retail outlets or in online stores. Communication with sellers should not be done in a pleading or nervous tone, but in a composed and respectful manner, demonstrating good knowledge of the issue.

If the seller refuses to meet you halfway, it makes sense to write to the store management. It states the specific reasons for the request. You can return a product only if it is in perfect condition and if you have not used it at all.

Management's refusal to satisfy the claim But when filing a claim, you 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 solution to the issue can be both in your favor and in favor of the seller.

Warning

Returning low-quality phones is not a difficult matter; you just need to know a few basic rules:

set at 10 days after filing a claim.
Return low quality phone possibly during the entire warranty period after purchase, if there is a defect 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 products. But when returning low-quality goods, a different list applies - Art. 18 ZPPP.
The procedure for returning the phone should be completed through a written claim with a signature on delivery, so that in the event of a dispute, you have documentary evidence of the claims.
which is 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 demands for a return. If the warranty period has expired, the responsibility to prove defects in the phone falls on the shoulders of the buyer.