How to write a claim for a refund for poor-quality phone repair? Claim (demand) for a refund for the phone.

Any technical product can break, this is especially true for mobile phones. In such cases, demand a refund from the seller for the broken gadget. For the store in the best possible way The solution to the problem will be to repair the mobile device.

The store needs to renovate faulty phone under warranty. If the seller cannot restore the functionality of the mobile gadget, then you will be refunded the purchase price. Most stores where you can buy mobile equipment This procedure has been worked out and is performed automatically.

How to write a letter of claim for a refund of money for a purchased phone if the repair time is exceeded?

The claim document has a free form. If you want, write it directly at the store (outlet). Fill out 2 copies of the claim: for yourself and the seller.

To comply with all the rules for filing a claim, include the following points in the content of the claim:

In the corner stamp, fill in the information about the addressee of the claim: name of the store, full name of the official, location address, legal address trading platform, phone numbers and other contacts. Here, please provide information about yourself as the sender of the claim (full name, residential address, telephone number and contact details).

Write the word “Claim” in the middle of the sheet. Next, indicate the circumstances of purchasing the gadget, its name, model, serial number. Here, be sure to note how long the phone worked and how the flaw was discovered.

Precisely formulate the requirements for the seller, for example, replacement of the gadget (name and model indicated), return of money for the product.

Please indicate below what you know about the seller's obligation to review the application within 10 days. After the established period has expired, you can file a claim and send it to the court with additional demands to collect a penalty from the store for failure to comply with the requirements and a fine, as well as the amount of moral damage.

At the end of the document, indicate the date of the claim and decipher your signature.

The proposed algorithm is not strict and can be expanded or reduced according to your wishes.

How is the phone examination carried out?

The examination can be initiated by both the seller and the buyer. The seller has been given one and a half months to carry out the repairs. However, if you do not want to wait for the expiration of the time allotted by law to repair your mobile phone, conduct an expert assessment of the gadget at your own expense. And then present to the seller a demand for reimbursement of funds for the purchase and examination.

An expert examines the gadget and makes a conclusion about the possible circumstances that caused the shortcomings. An expert opinion is made in accordance with the objectives set by the buyer or seller.

Examination and assessment of a mobile gadget is carried out through external and internal examination of the product and its opening. These actions help to establish the cause of violations and damage to the item.

The consumer has the right to participate in the examination procedure, and his presence is assumed not to be passive, but active.

When conducting an expert examination, the consumer is given broad powers:

1. Be sure to ask the expert about the goals, ask the tasks and procedure for the assessment procedure.
2. Receive the necessary clarifications during the examination.
3. If you disagree with the expert's conclusions, express your opinion.
4. Ask to include your comments in the appraisal report.

The timing of drawing up an expert report depends on the purpose of its implementation:

1. If the buyer requests a refund for the purchase, the examination is carried out within 10 days.
2. When replacing a product, the estimated period reaches 20 days.
3. When carrying out repairs or restoration of goods, the period may be extended to one and a half months.

If the seller refuses to return the money for a low-quality gadget, immediately file a claim and submit it to a store representative. Please indicate in your complaint Additional requirements for compensation for the cost of purchasing a phone and other damage caused by a poor-quality purchase.

After these steps, wait for the seller’s decision. The store has no more than ten days to consider the claim. If during this time the seller has not responded or refused to satisfy your demands, then feel free to file a claim in court.

Features of phone repair in 45 days

When handing over your mobile phone for repair, carefully follow the execution of acceptance documents, which should describe the following parameters:

1. Name.
2. Model.
3. Serial number.
4. Description of external signs.
5. Gadget condition.
6. Date the product was received for repair.

When describing the condition of the mobile phone, provide all the details. Especially if the repair is carried out service center at a store for which a refund and replacement of goods are undesirable options for solving the problem.

If you need a replacement gadget, ask the seller for a replacement product. The seller is obliged to provide him with a temporary device with similar properties. A suitable replacement will be provided within 3 days.

If the seller refuses to satisfy the legal requirements for a replacement, file a claim and complete it according to the same requirements as an application for a return or replacement of an item. In such a situation, filing a claim indicates a pre-trial procedure, which is mandatory when applying to the court.

During the repair process, it is determined whether it can be restored. mobile gadget, or not. In the first case, the buyer receives a repaired phone, in the second - money or another similar device. Subsequently, the warranty period for such a phone is increased by the entire time spent in the service center.

In order for the warranty period to be extended, carefully review the repair form and request that the corresponding entry be made in the product passport. After the repair, you will receive all documents about the repairs performed, descriptions of defects and malfunctions, replacement of components, and others.

If the established period for carrying out repair procedures is exceeded, the mobile phone is considered unusable, so demand a refund or replace the gadget with another one. It is important to know that the store cannot extend the repair period due to lack of necessary spare parts.

If the phone is beyond repair, and the seller does not return the money for the purchase, the following are your actions:

• file a claim;
• file a claim with the court.

Pre-trial dispute resolution procedure in in this case complied with.

Good afternoon Inna!

Firstly, the following data is required to draw up your claim (according to the norms):

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

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

3. As I understand it, you sent it in for repairs - 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 (indicated 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 version:

To the Director of CJSC TeleSvyaz
from Ivanova Inna Alexandrovna

living at the address:
Rostov-on-Don, st. 5th Sovetskaya 100, apt. 1
(tel. 111-11-11)
CLAIM

05/11/2008 I purchased a cell phone and a memory card for it in your store, which is confirmed by the presence of a receipt and a warranty card. The warranty period is 36 months.
During operation (after two months) it turned out that the phone with a memory card did not work - a manufacturing defect. When concluding a purchase and sale agreement, I intended to purchase a quality product that complies with GOST, without any defects, and the seller guaranteed the quality. 05/24/2008 I filled out an application for repairs 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 the Protection of Consumer Rights,” a consumer to whom a product of inadequate quality was sold, if it was not agreed upon by the seller, has the right to refuse to execute the purchase and sale agreement and demand the return of the amount of money paid for the product, as well as compensation all damages caused.
In accordance with Art. 22 of the Law of the Russian Federation “On the Protection of Consumer Rights” the deadline for satisfying certain consumer demands, including refunds, is 10 days from the date of receipt of the request. For delay Art. 23 of the Law of the Russian Federation “On the 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;
If the stated requirements are not met within the prescribed period, I intend to file a claim in defense of my rights in the courts with the requirements specified in the claim, as well as a demand for compensation for moral damage; court, in accordance with Art. 13 of the Law on the Protection of Consumer Rights, imposes a fine on the seller for failure to comply with consumer requirements voluntarily. Your organization may also be charged a state duty and an enforcement fee.
Applications:
1) a copy of the consumer’s application for a refund dated May 24, 2008;
2) a copy of the warranty card;
3) copy of the check;
4) a copy of the service center’s work completion report;
November 25, 2008 I.I.

Often, buyers of mobile equipment and electronics are faced with the fact that they have to return the purchased phone. The reason may be that a defect was discovered, that the model was no longer liked or was no longer relevant. Some sellers refuse to refund funds. In such cases, a claim must be made for a refund for the phone.

If desired, the client can immediately go to court with a statement of claim, where he will demand replacement of low-quality equipment or return the funds, but the proceedings will take longer. Resolution of the problem with a written complaint will be faster. Most often, large retailers refuse returns, for example, Euroset, MTS, Beeline, Megafon and others. The algorithm of actions, regardless of which online store or physical company sold mobile equipment, will be the same.

According to current laws, goods can be returned within 15 days from the date of purchase.

According to paragraph 5 of Article 18 of the Federal Law “On the Protection of Consumer Rights”, the seller has the right to demand an examination, which is aimed at checking quality, searching for defects and determining the cause of their occurrence. It is advisable to carry out such a procedure in the presence of the buyer, and if this is not possible, when transferring the cell phone to the service center, it is necessary to draw up a report containing information about technical condition devices at the time of document execution. The act usually indicates that the telephone has proper appearance, there are no signs of mechanical intervention, opening or ingress of water.

Within 15 days from the date of purchase of the equipment, the client has the right to return the purchased phone or smartphone due to a defect of any complexity, and he can choose between the following options for solving the problem:

1. Replacement with a device of the same brand: an option suitable if the client likes the phone, but has a malfunction. The procedure is free of charge.
2. Exchange for a device of the same brand or another, including with a monetary surcharge. This option is suitable if the client encounters a problem specific to a batch of devices, specific model or decided that he does not like the purchased device.
3. Reduced cost if the device has a minor defect.
4. Free repair of damage or compensation for repair costs in the workshop.
5. The client may demand a refund and leave the phone in the store.

In addition, after 15 days from the date of purchase, a citizen has the right to request a refund or replacement of the device in the following cases:

1. There are significant problems. These include defects that cannot be eliminated, repeated malfunctions and breakdowns that require expensive repairs.
2. The client returned the device to a service store to eliminate the defects, but the repair period took more than 45 days or exceeded another period specified in the acceptance receipt. The law sets a 45-day maximum period for a store to repair a sold device.
3. During the year of warranty, the client took the equipment to the service center several times for repair, and the total duration of the device being repaired exceeded 30 days. If the warranty period has expired, exchange will not be possible.

Preparing to file a claim

The document is drawn up in electronic or printed form and can be written by hand on an A4 sheet. The form is sent to the legal address. To prevent the seller from citing that he did not receive the claim document, it is advisable to send it by letter with notification.

Before filing a claim for a refund for a phone, you need to clarify the details of the store where the client purchased this sample. In addition, the application indicates the address of the company. You can find out information online on the bulletin board on the organization’s website or from employees by calling directly. Such information is publicly available and the company cannot refuse to provide it.

Drawing up a claim for a refund for a phone: content, structure, sample

Before drawing up, you need to find out how to correctly file a claim, what should be written in it. To file a return claim Money For a telephone fee, you can use the sample by downloading it on the legal portal, or write it yourself by studying the structure of writing claim letters.

The structure includes the following points:

1. Right in top corner The name of the selling organization and contact information are indicated. It is important to provide the correct legal address, which may be different from the physical location of the store. Under the company data you need to write your data (full name, contacts, address).
2. The word “Claim” is indicated in the center of the sheet.
3. Below you need to write when the phone was purchased, where exactly, what is the inadequate quality of the device, when it was detected. It is advisable that the client indicate that he has a receipt. This allows you to confirm that he bought the phone in a specific store. If the model was purchased on credit, this must also be noted. Here you can indicate the full name of the specific employee who sold the goods, but this information is optional.
4. The next paragraph requires you to indicate that the behavior of the seller organization is a violation of the buyer's rights, citing the law on the protection of consumer rights. Here, a requirement is drawn up to eliminate defects of low-quality goods and describe the consequences facing the company in case of failure to fulfill obligations (petition to court, recovery of material and moral damage, payment of legal costs).
5. At the end there is a date, signature, information about the documents that the applicant must attach to the form (for example, a check, a GOST certificate).

How to properly submit a claim

The original of the completed complaint is handed over to an employee of the organization, who must sign the copy and indicate the date of receipt, time and full name. A photocopy of the document must be kept until the problem is resolved.

If the company does not want to accept the form and returns the claim, it is recommended to send it by mail with a return receipt requested. If there is no response to the letter or the seller has not given reasons for the refusal, you need to take forms confirming that the claim was served and file a statement of claim in court.

Deadlines for satisfying requirements

According to the law, requests for replacement of faulty equipment must be satisfied within 7 days. If the seller insists on an independent examination, the period increases to 20 days. In addition, the period may increase to a month if the client demands to replace the device, but this moment There is no analogue or the same model available. If the procedure for repairing or exchanging a phone takes more than a week, the buyer has the right to request another model from the seller for temporary use.

According to Article 22 of the Law on the Protection of Consumer Rights, refunds must be made within 10 days from the date of receipt of the claim. If trade company does not satisfy the requirement within this period, then for each day of delay the client has the right to claim a penalty for damages. Its size is 1% of the amount of the goods, collection is usually formalized through the court. When resolving the problem in court, the buyer can demand compensation for material and moral damage. Payment of costs (duties, payment for filing a claim, etc.) also falls on the seller if he is found guilty.

What to do if the claim did not help?

Experience shows that filing a claim does not always help you get your money back or exchange your purchased phone. The seller may state that no defects were found as a result of the examination, or claim that the malfunctions were not his fault, and the buyer himself broke the device. Many consumers, having learned about the refusal, decide not to fight for their rights, but simply purchase equipment in another store. This is what the seller is counting on, but the most correct decision after receiving a written refusal would be to go to court.

You can file a claim yourself or involve an experienced lawyer in the case. In this case, the application should indicate not only the requirement for compensation for material, but also moral damage. Usually the court satisfies it in whole or in part. If the seller returns the statement of claim, it is required to use it as an attachment to the claim, indicating a violation of rights.

Subtleties and nuances

According to the law, the consumer has the right to return equipment to the store, including a phone or smartphone, if 15 days have not passed from the date of purchase. It is better to submit a claim as early as possible, since then the chance of a positive decision will be higher. However, he does not have to explain the reasons for the return.

If the seller insists on conducting an independent examination, the consumer can be present and observe the diagnostic procedure.

Based on the diagnostic results, the law provides:

Filing a claim for a refund for a faulty phone helps resolve a problematic situation when the seller refuses to fulfill its obligations to provide a quality product. If the claim is not considered within the prescribed period or the company tries to return the document, the case can be resolved through the court.

The answer to the question of whether it is possible to return money for a previously purchased phone is fully reflected in the Law “On the Protection of Consumer Rights” (LCP). In particular, it says that you can return the product back to the store either in the first 14 days from the date of its purchase, or during the validity period warranty period, if during this period a deficiency was discovered indicating poor quality things.

Every citizen today should know about their rights and how to protect their interests. To familiarize yourself, you should pay attention to some individual articles of the PZPP:

But before filing a claim for a refund for the phone, take into account Article 14.08 of the Code Russian Federation on administrative violations." According to it, the buyer may be fined if it turns out that he provided false information about the product. In addition, the seller has the right to charge the consumer an amount for delivery to the service and examination of the phone if it turns out that the fault for the malfunction of the device does not lie with the manufacturer or the store.

When setting the goal of “giving away a phone that is broken and I want to get the money back,” you need to know about the nuances disclosed later in the article.

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Grounds for writing a complaint

A claim for the return of a smartphone can be submitted to the seller within 14 days from the date of purchase if the defect in the product is insignificant. This could be, for example, abrasion or a scratch. In this case, fourteen days are counted without taking into account the day of acquisition of the item.

The grounds for filing a claim for the return of a phone after a two-week period are:

• Revealing significant shortcoming or manufacturing defect (any functions do not work, spontaneous switching on and turning off the device, etc.);
• The deadline for free warranty repairs was not met (more than 45 days);
• The device is under repair more than 30 days a year.

You can demand your money back only if the cause of the breakdown is not your actions or improper use phone. You must also have a properly completed warranty card or other documents indicating the fact, place, date and cost of the purchase.

The statement of claim must be written immediately, since the period for submitting claims is limited. In this case, the seller, referring to paragraph 5, paragraph 18, of Article 3 of the PZPP, has the right, before making a decision, to send the device for examination to confirm the presence of a defect and establish the cause of its occurrence.

List of requirements that the buyer can put forward to the seller:

• Exchange faulty device to a similar serviceable one or another model with recalculation of the cost;
• Free warranty repair;
• Reducing the price of the product in proportion to the identified effect;
• Return the phone and receive the money paid for it back in full.

In accordance with the ZPP Law, the seller can offer one of the above options to your claim (a sample document can be found below in the article) regarding returning the phone to the store. But in any case, consumer protection is triggered and the seller cannot make decisions about changing requirements without your consent.

What you need to prepare to draw up a document

A claim for a refund for a purchased phone is an official document, the preparation of which is subject to the same requirements that are relevant for any business letter. But before you make your claim for a refund of the money paid for the phone, you need to prepare documents that will be attached to the application to confirm your words. First of all, this is a copy of the receipt for the goods and a copy of the warranty card. If you gave your phone to a service center for repair or examination, you must have all receipts and papers confirming this fact. They will also be needed if you want to demand compensation from the seller for additional costs incurred associated with a product of poor quality.

You can submit a claim only to the same store and at the same address where the purchase was made. Even if you sent the device for an independent quality check, the seller has the right to conduct an additional independent examination of the phone. You, in turn, have the right to attend it, but you must communicate this intention in advance, directly in the text of the complaint.

Contents and sample of a claim for a refund for a phone

In order to write a claim for a refund for a purchased phone, you need to take into account several requirements:

You can download a sample claim for a refund for a phone at.

Using this example claims, you can adjust the text to suit the circumstances of your individual situation.

Serving a claim and deadlines for satisfying claims

A claim for the return of a smartphone can be submitted personally to the store administration, or by sending it by registered mail. In the first case, you need to have two identical copies of the application with you: you submit one, and on the second the responsible employee must put a mark on acceptance of the document (date, position, full name, signature of the employee responsible for admission, seal legal entity or IP is required).

If the claim statement is sent by registered mail, it must be with an inventory (take the form in post office) and with return notification of delivery. Having your copy of the complaint, notice and inventory in hand, you don’t have to worry that the seller will wriggle out of his obligations, citing the fact that he did not receive anything.

The period for consideration of the claim is 10 days after receiving it from the buyer. These ten days include consideration of the appeal, making a decision, notifying the consumer about the decision, conducting an examination and directly satisfying the requirements. This period is only valid for refund requests for low quality phone. In the case of exchange or repair, the time frame is slightly different. For example, repair time is no more than 45 days, and exchange is 7 days or 20 days if the product must be ordered.

For each day of delay, the consumer is entitled to a penalty payment in the amount of 1% of the cost of the purchased phone.

Cell phones included in the list of most frequently purchased products. Almost every person has this means of communication; it is difficult to imagine modern life without it. When purchasing an expensive communication device, the consumer has the right to count on long-term operation. If suddenly an unpleasant situation arises and the phone turns out to be defective, then you can return it to the seller.

Both parties to the transaction have their 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 Consumer Rights Protection Law (CPL). Legal regulations consider all permissible situations and provide a course of action. If the phone breaks under warranty, the buyer has the right to return it to the seller and use free repair or exchange for a corresponding product.

You can make a claim to the seller if:

• the guarantee has been preserved;
• operating rules were followed;
• there are receipts or other payment documents.

The buyer must contact the sales organization and present his claims in writing. You must indicate the reason for returning the product or replacing it with another copy. If there is a problem between the parties conflict situation, then you will need to contact the executive authorities for the consideration of consumer disputes. Especially often, the seller’s claims and refusal to accept the goods arise when the end of the warranty period is approaching.

The seller tries to prove that the damage is associated with incorrect and negligent operation, and not 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:

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

The faulty phone is sent to an independent technical expertise. 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. The seller can also conduct an examination and provide the buyer with documentary evidence of the specialist’s point of view. If the conclusion contains information about a manufacturing defect, then the dispute ends and the buyer has the right to refuse repairs, but take money or a similar product.

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

If the case is not covered by warranty, that is, the buyer is found to be at fault for the breakdown, then he can challenge this conclusion with a consumer rights protection organization.

Sometimes the device loses its performance after warranty repairs have been performed and the owner has withdrawn his claims. If the owner has saved payment documents, extracts from the warranty workshop and he is not to blame for the 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 have a hard time accepting refunds and offer other options: regular repairs, replacement with a cheaper analogue, or other offers that go against the interests of the buyer. According to the law, the money must be returned without additional examinations or delays. You can submit an extract from the warranty workshop, which indicates the impossibility of restoring functions.

If the seller puts forward other proposals, the buyer has the right to file a claim in court. The basis and confirmation of the plaintiff’s position will be expert assessments and the seller’s refusal to resolve the case legally. The buyer will have the right to claim moral damages, pointing out the length of consideration and delays on the part of the seller of the goods.

If the phone is sold of proper 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 no longer likes them. Only if there are faults and refusal of warranty services can you get a refund.

An application submitted regarding a conflict to the head of a trade organization must receive a response within 10 days. The decision will serve as an appeal to the court or supervisory authorities if the buyer is not satisfied in whole or in part.

A cell phone or other device 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 been preserved external qualities and packaging, within 14 days without explanation. But there is a legally established 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.

Here the rule of agreement between the parties already applies; 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, because we're talking about about significant material sums. This is why it is so important to keep all receipts, passports and other documentation, such as a warranty card, in order to prove your position in case of disputes.

The seller should know that, as a defendant in the case, and if guilt is proven, he will have to return the cost of the goods and pay an administrative fine for non-compliance with the PZPP law.

Refund for phone