Whether to return the cell phone. Is it possible to return the phone to the store and for how long?

Modern man cannot imagine his life without a mobile phone. For most people, the telephone is not only a means of conversational communication, it is also: eBook, player, access to social networks, etc. Therefore, when purchasing a mobile device, a person often does not think about how to return the phone. But after a few days of use, defects may appear, or the device may not be suitable for the owner for a number of reasons. In this case, the buyer thinks about returning the goods. However, not every person understands the intricacies of the Legislation of the Russian Federation and has complete information about your rights.

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

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

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

When purchasing a phone, you must keep the receipt, box and its contents in proper form, otherwise the return procedure becomes more complicated. The law gives consumers the right to contact the point of sale of the gadget within 14 days, not counting the day of purchase. Store employees will offer to undergo an examination to identify the causes of the problem. Without accompanying documents This is not recommended. The Law states that for consumers, the basis for returning products may be the fact that they did not like the phone in appearance or functionality.

First of all, you need to draw up a claim in 2 copies. The claim form can be taken from the seller or drawn up in any form addressed to the head of the organization where the appeal will be submitted.

The claim must include the following information:

• phone brand;
• place of purchase of the goods (store, address, etc.);
• Date of purchase;
• description of the product malfunction;
• put forward demands: exchange, return money, repair, etc.

One copy remains with the buyer with a note indicating acceptance of the claim by the seller, the second copy is transferred to the store. The salon representative is obliged, in the presence of the client, to draw up a report describing the external condition of the phone; such actions are dictated by the law on “Protection of Consumer Rights”.

If you agree with the specified description, you can sign and receive a copy of this act.

Based on the claim and the report, an examination is carried out, which takes no more than 45 days. If the buyer is not to blame for the failure of the phone, the store is obliged to satisfy the requirements no later than ten days. The review committee may also decide that the client is at fault. Then it is necessary to conduct an independent examination and file a claim with the judicial authorities.

What the law says

In Article 502, paragraph 1 of the Civil Code of the Russian Federation, you can find confirmation that the buyer has the right, within a 14-day period after the day of purchase of the goods, to return the money or make an exchange. If new phone exceeds the value of the item being returned, the client makes an additional payment. Article 25, paragraph 1 of the PSA stipulates the possibility of returning products of proper quality within 14 days starting from the next day of purchase. The buyer has the right to return the money or make a compromise with the communication store.

There is also a list of “Technically complex goods”, however mobile gadgets are not included in it. The average person considers a mobile device to be complex in its functionality, but this is not enough for the store to rely on this and refuse to satisfy the claim.

The list of “technically complex goods” is in public access V Internet networks, where each consumer can get acquainted with the products that are included in it. You can also download the List on our website.

Phone return options

Returning your phone is easy if you use optimal option– conclusion of a compromise solution. Such an approach for consumers means resolving the issue in a short time, if no more than 14 days have passed from the date of purchase, not counting the day of purchase. To begin with, the client should describe the situation to the representative of the communication store. It is worth noting that sellers do not resolve such issues, so you can contact the salon administrator or manager.

It is necessary to understand that the conversation with the store and the buyer should be conducted in the spirit of exchange, and not return of goods, because This procedure is more effective than the store will return the money. That is why this method is called “compromise”.

If the store insists on receiving an expert opinion, based on the fact that the product belongs to the list of technically complex goods, the buyer needs to write a statement addressed to the manager. In the complaint, please include all information regarding the purchase. However, the previously purchased phone must be in perfect condition (scuffs, chips, scratches are not allowed, according to the law).

Practice shows that it is possible to return money for a mobile device within 14 days from the date of purchase, not including the day of purchase. After this period, the money is often not returned, but warranty service is provided.

Returning the phone

Products of poor quality are those that have external damage. Such a product can be returned to the store only under warranty conditions. After drawing up the report (1 copy of which remains with the buyer), the phone will be sent for examination, where the cause of the malfunction will be identified. If, based on the results of the examination, the commission comes to the conclusion that the malfunction of the gadget was caused by the owner’s negligence, the product will be returned without repair work and marked “removed from warranty.” If the failure is caused by the manufacturer, the device will be repaired and returned to the owner within 45 days.

It is worth noting that some stores offer customers to independently deliver the phone to the manufacturer’s warranty department, providing this is done promptly. The consumer is not recommended to do this. According to the Law “On the Protection of Consumer Rights”, the seller independently and at his own expense delivers the products to the warranty department and conducts an examination, based on the concluded agreement with the manufacturer.

There are also two types of product returns under warranty:

1. Returns within 14 days of purchase, not including the day of purchase. Based on Article 18 of the Law “On Protection of Consumer Rights”, the buyer has the right:
   • return money for purchased low-quality goods;
   • You can insist on having your phone repaired under warranty;
   • demand a reduction in the price of the phone.
2. Return of the phone after 14 days from the date of purchase, not including the day of purchase. Such a return can be made if: a significant defect is detected in the mobile device that prevents correct operation telephone; if the service period under the product warranty exceeds 45 days.

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

If a recently purchased phone fails for some reason, the consumer should not rush to have it repaired, especially at a cost. It is important for consumers at this moment to contact the store with a request to exchange the device for a similar one, or carry out repairs under warranty. After the time specified by law, the buyer will receive either money or a new device if all conditions for using the phone are met. Experts recommend closely monitoring the operation of your mobile device for a 14-day period.

Please note that when returning money for a faulty product, you must also submit a claim in writing. The document indicates all the data - the owner, details of the device, conditions and dates of its purchase. The defect is indicated separately. The copy that remains with the applicant must be marked that the matter has been accepted for consideration. It is important to know that if products are seized by a store for diagnostics or examination, a separate report is drawn up. It also indicates the data of the device and the owner, defects and reasons on the basis of which the inspection is carried out. When purchasing goods online, the date from which the two return weeks begin to count is the day you receive the product in your hands.

Is it possible to return a cell phone to the store within 14 days?

Attention

Stores often take advantage of the illiteracy of customers in legal field and mislead them, claiming that the latter do not have the right to return the mobile phone due to the fact that it belongs to the category of non-returnable goods, and the buyer can rely solely on warranty repair. But it is not so. the federal law“On the Protection of Consumer Rights” gives the buyer the right to return a mobile phone within fourteen days from the date of purchase of the device, provided that it turns out to be of poor quality or has significant drawback. You can return a mobile device to the store even if the buyer does not have a cash receipt or sales receipt for the purchase.

The most important condition is to hand over the telephone in the form in which it was purchased, with all seals and labels present, while maintaining the packaging and sales appearance and configurations.

How to return a mobile phone to a store. studying the legal framework

This affects the procedure for returning a mobile phone and poor quality(defective) under warranty. Return of a mobile phone and poor quality (defective) under warranty (within 15 days from the date of purchase) In the first 15 days from the date of purchase, return under warranty mobile phone of inadequate quality (defective, low-quality, defective) is possible if there is any defect in it. Including, according to Art. 18 of the Law “On Protection of Consumer Rights” you have the right to: - refund money for a mobile phone of inadequate quality; - exchange a faulty (broken, defective) mobile phone; - demand repair of a smartphone (mobile phone); - demand a reduction in the price of a smartphone (mobile phone).

Returning a mobile phone to a store

After receiving a conclusion that the product is defective, demand that you be provided with a similar model of the device or pay monetary compensation. The Firm has no right to deny you any of these requirements. 6 If the period of examination and repair exceeded 45 days, write a claim. Ask a company representative to read it and sign it.

Info

Make a copy of the document and give the original to the store employee. 7 Remember that for each day of delay in the delivery of a repaired product or its equivalent, you have the right to demand 1.5% of its value. Those. if the repair lasts 75 days, then you should receive your mobile phone and monetary compensation in the amount of 45% of its cost. 8 Do not enter into conflict with store employees unless absolutely necessary. The majority of companies are happy to meet the client halfway, trying to solve the problem as quickly as possible.

How to return a faulty phone to the store under warranty?

Important

If the seller does not meet the buyer halfway on the issue of exchanging a mobile phone that is of high quality and does not contain defects, then the law is on the seller’s side and challenging this decision through a claim or court will be quite problematic. How to return a mobile phone to a store. studying legal basis It is important to remember that in the event of further legal proceedings, you have the right to demand compensation, the amount of which is 1.5% of the cost of the goods for each day of delay in the refund. 7 Remember that it is initially better to try to solve the problem peacefully. There are companies that are happy to accommodate customers halfway in most controversial issues. When returning low-quality goods to a store, it is important to follow certain rules.

Return the phone within 14 days

Therefore, the two weeks within which you can return a technically complex product for any manufacturing defect are calculated not from the moment of purchase, but from the moment of actual delivery. How to get money back for faulty phone under warranty after repair? For a faulty phone after repair, money can be returned by general rules, which apply to returning goods within two years from the date of purchase. That is, if a fatal defect is discovered, the repair period is delayed by more than 45 days, or you have to send it in for repairs quite often, you can demand your money back.

Separately, it is worth pointing out the seriousness of marriage.

Returning a faulty mobile phone to a store within 14 days is legal.

This article is devoted to how to return a mobile phone and get a refund for it. We will look at standard situations and help you determine your rights and the procedure for implementing them. If you want to return a mobile phone, get a refund for it, then this article will help you by answering the following questions: is it possible to return or exchange a working mobile phone to a store, how to return a mobile phone of poor quality (faulty, low-quality, defective) under warranty, How to file a claim (application) for the return of a mobile phone. Art. 25 of the Law “On the Protection of Consumer Rights” allows you to exchange or return a product you don’t like within 14 days from the date of purchase.
However, the law contains an indication of a list of goods that cannot be returned or exchanged if they are in working order. This list includes telephone sets (item.

How to properly return a defective phone within 14 days

You will need

• — documentation for the phone;
• — full set accessories.

Instructions 1 Prepare all the documents you have for this product. Don't forget about the warranty card. Take absolutely everything with you additional accessories included in the kit. 2 Please be aware that mobile phones are not subject to the fourteen day rule. This means that the seller has the right to refuse to refund you for a defective product. 3 If you decide to return a defective product, be prepared to receive a refusal. It is best to politely ask a store representative to exchange the goods. Please describe the reason for the return in advance. You should not immediately demand a refund, because... the probability of success is extremely low.

To do this, you must be guided by Articles 18 and 19 of the PZPP, according to which the return of goods of inadequate quality is possible during the entire warranty period. If the specified periods are not established, then the return period is limited to 2 years, unless otherwise provided by the contract. We point out the most important points that should be followed when returning or exchanging goods:

• If the device is replaced within warranty period, then upon acceptance the seller is obliged to conduct an inspection.

  As a result of the inspection, the cause of the defect is determined, whether it was caused by the actions of the buyer himself. The buyer has the right to be present at the inspection (clause 5 of article 18 of the PZPP).

Return of a faulty cell phone within 14 days is legal.

If the store has a phone model in stock that suits you, the compromise option of exchanging rather than returning the product 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. back to contents What documents do I need to provide? When a consumer contacts a store about an exchange or return 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 no later than 14 days from the date of purchase), he will need to write an application and provide identification.
The statement must indicate the reason why the consumer intends to return or exchange the purchase.

Purchasing a mobile phone often involves significant costs, especially when purchasing flagship model smartphone. Gadgets are often purchased as gifts for a loved one. It happens that the phone does not meet a person’s expectations, does not meet specific requirements, or suddenly there is a need to return the amount spent on a smartphone. Is it possible to return a phone to the store if you just don’t like it? In what cases the law is on the side of the consumer and what types of reasons are “valid” for a return, we will consider further.

Article No. 502 of the country’s Civil Code states that every buyer who has purchased a non-food product has the right to exchange it for a similar one, but with different characteristics. The returned item must be in new, unused condition. If the seller cannot offer a person a model for which he is satisfied with the exchange, the product is returned to the store, and the money is returned to the buyer’s wallet.

Article No. 25 of the Law on Consumer Rights confirms information about the possibility of exchanging and returning goods of good quality without giving a reason. However, there is a list of goods that are not subject to the required rule, in particular, it includes goods from the “technically complex” category. According to the official list, the mobile phone is logically closer to what is listed in paragraph six “ wireless equipment connection with touch display and more than two functions." Thus, the consumer cannot return a smartphone of proper quality - the law takes the side of the seller.

There is a second part to the question under consideration. According to the classifier of non-food products operating in Russia, cell phones have the OKP number 657140, which separates them from telephone sets and from household radio communications, which have completely different codes. It turns out that from the considered position, a mobile phone is not considered named in the list of complex technical goods. Accordingly, if the buyer wants to return the gadget, the law will support it.

The picture is ambiguous, confused customers do not understand what to do, and the query “how to return a phone to the store” is one of the most popular in search engines. Lawyers regularly review the situation, and ordinary buyers write a lot of stories about how they managed to convince sellers to take back a newly purchased smartphone. Let's consider such examples and situations.

We return a phone you don't like

Like any purchase, the new owner may not like the smartphone. If a gadget acts as a gift, it may not only fail to evoke the desired joyful emotions, but may even duplicate a gift that has already been given. It’s logical - a person hardly needs two phones. Let's see if we can return a serviceable, but not to our liking, phone back.

Exchange

An exchange, compromise situation is most convenient for both the buyer and the store. If a person has purchased a smartphone and is immediately disappointed in the purchase, but does not give up the idea of ​​buying a phone itself, it is worth trying to exchange the product.

The greatest chances for a successful result are expected in the case when a person is ready to exchange the phone for a model that costs more, with an additional payment to the store. According to customer reviews, in this kind of situation the store willingly makes concessions. The buyer must fulfill the following important conditions:

1. The phone brought for exchange retained its presentable appearance.
2. The smartphone box and accessories are in order.
3. No more than 14 days have passed since the date of purchase (the less, the better).
4. The buyer presented documents (receipt) confirming the purchase, as well as a passport.

The second successful option could be an equivalent exchange - for a model that costs the same as the purchased phone. Then the seller only needs to pick up the goods from the buyer, check and issue a new one by printing payment documents. Accordingly, the conditions listed above apply to returns in this case as well.

Remember - it is better to address the problem not to “ordinary” sellers, but to higher-level employees - managers, administrators or the director of the outlet.

It is better to build a dialogue firmly, but politely. Mention that you are a regular customer of the store and are satisfied with the assortment and prices, but you made a mistake with a specific model. It is worth explaining why it is inconvenient for you to use a mobile phone.

The buyer who brought the goods for exchange must write a statement indicating the reason why he wants to replace one model with another. A number of reasons are suitable not only for exchanging, but also for returning a gadget.

Application for exchange

The document is written in free form, but it would be useful to learn some rules that can play a decisive role when exchanging a mobile phone. The application is addressed to the store manager; you must also indicate your personal information so that the seller understands on behalf of whom the paper was sent. If the store meets you halfway and is ready to exchange the goods, it says “Application” in the header of the application. If you encounter a refusal, the document is called a claim.

The paper must indicate when and what specific phone you purchased, and indicate the amount paid for the product. Afterwards, the reason why you want to exchange the gadget is stated (we advise you to mention information about the ambiguity in the interpretation of the definition of “mobile phone”, we cited it above). Indicate the articles of consumer law under which you have the right to exchange.

Fill out your application/claim carefully

Remind the seller that he will be fined for failure to comply with the law, and if you are ready to defend your rights in court, indicate this directly in the application. Please note below that you are attaching a copy of the cash receipt with the application. serial number, and also indicate the date the paper was written.

Return

You can return a non-food product to the store in a situation where, when purchasing, a person did not receive (or received incomplete) all the information about it. The responsibility to inform the buyer about the features of the product rests with the seller - this is stated in Article No. 10 of the Law protecting consumer rights.

The seller’s duty is to inform the buyer about the features of the product

This is very relevant for modern smartphones, for example, the Apple brand. Instead of instructions, a small booklet is included in the box with the gadget, which sends the buyer to the official website, where, by the way, you can find complete information about specific model also not easy. You can take advantage of this situation when you purchased a phone, guided by the presence of a specific function or characteristic, but in fact it was not there (or vice versa).

It turns out that the letter of the law allows you to return it to the store cellular telephone, about which the seller could not or did not want to provide all the information. For this reason, it is better not to buy a gadget alone, or to enlist the help of witnesses who could see and hear that the store did not really tell you about the item (or misled you about its capabilities).

Often the seller transmits to the buyer the information declared by the manufacturer. For example, the store could say that the mobile phone’s camera produces a quality of five megapixels, but its own tests show that the “picture” barely reaches four. This good reason to return the phone and collect the money.

When returning a product, you are also obliged to provide it without traces of use and in full factory configuration. IN in this case You also need to write a statement that you can draw up at home and sign in the presence of a store representative.

Return Application

In the header of the document you should indicate to whom (store director) and from whom the application was sent. Indicate the date of purchase, model and cost of the purchased phone. Next, indicate that you purchased this product because it was important for you to have a specific function (radio, a high resolution pictures and the like), and the seller, in the presence of witnesses, told you that the mobile phone has this characteristic. However, during initial use it turned out that the information is unreliable and the functions you need (or to the required extent) are not available in your smartphone.

A copy of the cash receipt is attached to the application; below you can recall the sanctions for violating consumer rights and the determination to bring the case to court.

Important point! Decide on your position in advance. You must either insist that the purchased gadget is not related to technically complex goods, or declare that the sales assistant misled you regarding its functionality. According to legal practice, you can combine the two versions, but only when you really miss a function that is important to you in your phone. That is, you want to return the phone due to insufficient quality of music playback or photographs taken, or for some other reason, while you do not see any obstacles in the form of the letter of the law and are confident in your right.

A firm position will play into your hands if the case does end up in court. You should not try to come to the store one day, insisting that you can exchange the goods without giving a reason according to the law, and then come back the next day and report that the information you received during the purchase was inaccurate.

Lifehack for returning your phone to the store

On various forums dedicated to the return process mobile devices, the same scenario often occurs - people tell how they managed to deceive the seller to some extent and leave the store, returning the money they spent cash.

It all happens something like this: a person declares his desire to replace his smartphone with a different, but more expensive model, the seller goes to a meeting and issues a refund for the previous purchase in order to arrange a new one. At this time, the buyer supposedly goes to the toilet or makes a call, but in fact leaves forever, taking away the money received. The phone purchased earlier, of course, is already in the store.

This is a good method that will work if the exchange procedure is actually carried out by the store in the specified order:

1. The man returns the phone.
2. It is checked by store employees.
3. They transfer money to the buyer.
4. Make another purchase.
5. A person pays for a new product.

Accordingly, you can try to interrupt this process by stopping at the third point. In this case, the citizen is not doing anything illegal, and it is difficult to file a claim against him. You can always report a sudden emergency or deterioration in health that did not allow you to bring the “exchange” to its logical conclusion.

Return or exchange of a defective or broken phone

It happens that the buyer is completely satisfied with the purchase, but yesterday's purchase refuses to work. If a person is sure that his own fault is not revealed in this (the gadget was not dropped, wet or damaged), it is worth contacting the retail outlet.

According to Article No. 18 of the Consumer Rights Law, within two weeks it is permissible to return or exchange the purchase, and also demand a discount or free repair from the seller if the mobile phone is faulty, does not work, or is found to have a defect or defect of any kind.

You need to provide the store with the complete product itself, identification documents and the payment made. You will have to draw up a statement addressed to the head of the retail outlet, which details the reasons why you consider the phone to be broken or to have a defect that was not your fault. The difficulty is that the seller will most likely declare the need for an examination, which will reveal problems and recognize the case as warranty or non-warranty.

The examination usually lasts quite a long time - about twenty days, and if it recognizes that the breakdown was not the fault of the seller, the buyer will have to pay for the experts’ work. In addition, for the entire duration of the examination, the person will have to use an old phone, or do without it at all. If it turns out that the phone is truly faulty and can be repaired, it will be repaired and returned to the buyer. If repairs are not possible, then the person will be refunded.

The store has the right to respond to your complaint about a broken product within ten days. The best option would be to solve the problem personally, without stopping the dialogue with the store representative until you are satisfied with the results of the negotiations, or do not receive a definite answer. As a last resort, insist that you will go to court and defend your consumer rights to the end.

Return of credit goods

If you purchased a phone using installments or credit money, you do not lose the right to exchange or return the product, unless otherwise stated in the credit agreement. Study the document, looking at the clauses on the possibility of its termination and the conditions for the return of funds, if any, have been paid. The next step is to contact the store, where you will act according to one of the algorithms outlined above - it depends on the reason for your decision.

You should also talk to the store manager and discuss the possibility of an exchange or refund.

Important point! Successful termination of a contract for the purchase of goods is not the same as termination of a loan agreement. With a document from the store recording your refusal to purchase the phone, you need to go to the banking organization and notify it of the termination of loan payments. Only after you resolve this issue can you forget about your creditor responsibilities. Otherwise, the bank will impose penalties on a person who does not pay fees on the basis of a terminated agreement only with the store.

Table 1. Cheat sheet for exchanging and returning a phone

Cause	Actions
I don't like the phone, I need money	We refer to the list of non-food products, according to which a mobile phone is not considered a technically complex device. remember, that this moment in the legislation it is considered “floating”, that is, there are precedents for decisions both in favor of the buyer and in favor of the seller.
Do you want to exchange for another model?	In the case of an equivalent exchange or with your additional payment, there should not be a problem. The main thing is that the purchased phone retains its pre-sale appearance.
Dissatisfied with the lack of a necessary function	We refer to Article No. 10 of the Law on the Protection of Consumer Rights, which states the seller’s obligation to provide comprehensive information about the product.
You bought a defective phone or it broke down in a short time	We refer to Article No. 18 of the Law on the Protection of Consumer Rights, which states the seller’s obligation to replace a faulty product or return money for it.
Bought a phone on credit	We use the above algorithms and then notify the bank about the termination of the loan agreement.

Video - Is it possible to return a phone within 14 days?

Summarizing

Returning a mobile phone to the store and getting your money back or a more desirable model is not an easy task. Even if the buyer has a good reason (malfunction of the product/lack of necessary functions), proving it right is not easy. A smartphone is an expensive and complex purchase, and a store is rarely interested in losing the money a person has already paid.

When planning to return or exchange a cell phone, be sure to take everything to the store Required documents, receipts, product box, make sure that all components are still inside the package (headphones, Charger and the like). Read the relevant articles in the Consumer Rights Law, or better yet, print out the main provisions and take them with you to refer to the code of laws when communicating with the seller. There is no need to be rude or behave arrogantly - a human attitude will certainly play a positive role in resolving your issue. Good luck!

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

General meaning This letter boils down to the fact 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”: cell phone The 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 what 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 a deleted letter, Rospotrebnadzor indicated the following: in accordance with the 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 code OKP 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. 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 are confirmed as of January 1, 2017.

The Federal Service for Supervision of Consumer Rights Protection and Human Welfare explains that, according to clause 26 of the Rules for the sale of certain types of goods approved by Government Decree Russian Federation dated January 19, 1998 N 55, the buyer has the right, within 14 days from the date of transfer of non-food products of proper quality to him, if more long term not declared by the seller, exchange the purchased product at the place of purchase and other places declared by the seller for a similar product of a different size, shape, dimension, style, color or configuration, making the necessary recalculation with the seller in case of a difference in price. In accordance with the All-Russian Product Classifier OK 005-93, household radio-electronic equipment belongs to the class of goods with codes OKP 65 8000 - OKP 65 8900.

How to return a mobile phone to a store. studying the legal framework

• Firstly, Article 25 of the Federal Law “On the Protection of Consumer Rights” does not contain clause 11, it only has 2 clauses. You are probably referring to clause 11 of the List of non-food products of good quality that cannot be returned or exchanged for a similar product of a different size, shape, dimension, style, color or configuration - these are civilian weapons, but clause 10 is - Technically complex household goods purposes for which warranty periods are established (household metal-cutting and woodworking machines; household electrical machines and appliances; household radio-electronic equipment; household computing and copying equipment; photographic and film equipment; telephones and fax equipment; electric musical instruments; electronic toys; household gas equipment and devices). Cell phone sellers often refuse exchanges, citing this clause.

Returning a mobile phone to a store

To do this, you must be guided by Articles 18 and 19 of the PZPP, according to which the return of goods of inadequate quality is possible during the entire warranty period. If the specified periods are not established, then the return period is limited to 2 years, unless otherwise provided by the contract. We point out the most important points that should be followed when returning or exchanging goods:

• If the device is replaced during the warranty period, the seller is required to conduct an inspection upon acceptance.
  As a result of the inspection, the cause of the defect is determined, whether it was caused by the actions of the buyer himself. The buyer has the right to be present at the inspection (clause 5 of article 18 of the PZPP).

Is it possible to return a cell phone to the store within 14 days?

Home Return and exchange of a cell phone On October 22, 2010, a letter “On the exchange of cell phones” was published on the Rospotrebnadzor website. 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 later removed from the Rospotrebnadzor website, which was explained by a technical error.

How can I return a mobile phone to a store?

Contacting the seller with a written statement (claim) If defects are discovered, the buyer must decide on the type of request (return of the goods and receive money or exchange) and submit a written statement to the seller. The claim is drawn up in two copies, one of which remains with the buyer, and the other is transferred to the seller. The claim can be given to the seller in person or sent by mail with acknowledgment of delivery.

When delivering a claim to the seller, it is necessary that the seller’s representative indicate the date of its receipt on the second copy. Based on the application, the seller is obliged to accept the goods and, if necessary, check its quality. In the event of a dispute about the reasons for the occurrence of defects in the goods, the seller is obliged to conduct an examination of the goods at his own expense.

The buyer has the right to take part in checking the quality of the goods, as well as to be present during the examination.

F_e_d_o_r_o_v

Thus, you can return the phone to the store only if you find deficiencies in its operation. In addition, the buyer can request that the defects in the product be eliminated. Return or exchange of a phone after 14 days from the date of purchase Judicial practice in resolving disputes related to the return of technically complex goods, reflected in the resolution of the Plenum Supreme Court RF dated June 28, 2012 N 17 “On consideration by courts of civil cases in disputes regarding the protection of consumer rights” Review judicial practice Supreme Court of the Russian Federation No. 4 (2016), approved by the Presidium of the Supreme Court of the Russian Federation on December 20, 2016, indicates that smartphones and cell phones can be returned after a 14-day period only in exceptional cases.

Legal company eyeright

The Law “On the Protection of Consumer Rights” prescribes different terms and procedures for the return of purchased items, depending on whether their quality is proper or inadequate. This division is also typical for cellular means. Unfortunately, you cannot return a working smartphone. Item 6 of the list in Government Decree No. 924 of 2011 classifies the product as technically complex goods. wireless communication, which has a touch screen and performs at least two functions.
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 touch screen, which makes calls and is capable of filming with a camera, is technically complex and, accordingly, cannot be returned in good condition.

How to return a working cell phone to the store?

Pushkinskaya, 34 kv. 23 tel 89... Claim On March 6, 2018, in the store of Computers LLC, located at Moscow, Voroshilovsky Ave., 2, I purchased a Samsung cell phone at a price of 20,990 rubles. Using of this smartphone It was found that its battery runs out too quickly and the touchscreen does not work well.

According to Art. 18 of the Law “On the Protection of Consumer Rights”, the consumer, if defects are discovered in it, 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 of a different brand (model, article) with a corresponding recalculation of the purchase price within fifteen days from the date of transfer of such product to the consumer.

Cell phone return policy

In general, the return procedure poor quality phone consists of the following steps:

1. First, we go to the store and find out if they will return our money immediately, without additional conditions;
2. If we can’t reach an agreement, we draw up a statement and hand it to the seller;
3. If this does not help, we order an examination to determine the cause of the shortage of goods;
4. If the examination says that there is a defect, and it was not caused by the buyer, we write a second claim to the store and attach an examination certificate to it with a demand to reimburse the costs of carrying it out;
5. When this does not force the seller to return the money, we file a lawsuit against him.

An application for the return (exchange) of a mobile phone does not have a strictly fixed form and is drawn up according to general rules. You can download a sample of writing this document below.

Return a mobile phone of good quality within 14 days

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.

• 1 Is it possible to return the phone to the store?
  • 1.1 For what reasons can I return a phone?
  • 1.2 How to return a phone of poor quality?
• 2 Exchange of a cell phone under the law “On the Protection of Consumer Rights”
• 3 When can I return my phone?

Is it possible to return the phone to the store? As practice shows, for a number of reasons, people change their cell phones at intervals of 3 to 7 years. A fairly significant time period is associated with the deadline technical operation means of communication, as well as with the taste preferences of the buyer.

Returning a mobile phone of inadequate quality within 14 days

Attention

Therefore, a cell phone is not consumer electronic equipment and does not belong 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.

Return a cell phone of good quality within 14 days

You can try to explain to the store management that when selling a cell phone of good quality, the seller did not inform you about the characteristics of the device that were undesirable for you, or that false information was provided about the presence of the necessary functionality in the phone. Based on Art. 12 ZPPP, in most cases you can persuade the seller to exchange (or take it back with a refund) quality phone. This is especially easy to do in large chain stores selling equipment and electronics. Of course, the phone in this case must be in excellent condition and not show signs of long-term use. Returning a phone of poor quality It is much easier to return a poor-quality mobile phone to the seller than a fully functional device.