Reasons why you can donate your cell phone. Is it possible to return a purchased phone if I don’t like it? Consumer rights and mobile phones

Returning and exchanging mobile phones is no different from the procedure for returning other goods to a retail outlet. The main difficulty is associated with returning a working phone within the first 14 days after its purchase, if the buyer is not satisfied with the device for subjective reasons - he did not like the color, size or set of functions.

Is it possible? Are mobile phones classified as products that can only be returned if they are found to be faulty?

In today's article we will answer this question by studying the modern regulatory framework and judicial practice. Separately, we will talk about how to return a serviceable, high-quality phone and a phone of inadequate quality if a defect or defect is detected in it.

Returning a quality phone

(hereinafter referred to as ZZPP) allows you to exchange a phone if it does not suit the buyer in size, shape, style, color, configuration or other consumer properties. This can only be done in the first 2 weeks after purchase (counting starts from the day following the day of purchase).

You can get a refund for a quality item only if the seller does not have a similar product. But there is one important point. There is a List of non-food products that are not subject to return or exchange (hereinafter referred to as the List), given in Decree of the Government of the Russian Federation No. 55 of January 19, 1998.

Are telephones included in this List? Today, the category of goods “telephone sets” is present in the List under item 11, as well as in a separate List of technically complex goods of the Government of the Russian Federation No. 924 of November 10, 2011.

In the List of Technically Complex Goods, mobile phones are defined as “ wireless communications equipment for household use, having a touch screen and having two or more functions ».

All this means that you cannot return (or exchange) a cell phone of good quality within the first 14 days after purchase! When filing a claim, the courts will almost always side with the seller, without doubting that the phone belongs to the category of technically complex goods. But there is one loophole in the PZPP - Article 12. It states that before selling a product, the seller is obliged to provide the buyer with complete and reliable information about it.

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 away with a refund) a 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 low-quality mobile phone to the seller than a fully functional device. To do this, you must be guided by the articles and regulations, 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, then upon acceptance the seller is obliged to check. 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). If the warranty has already expired, then the buyer himself must organize an examination of the phone for the presence of a defect (if less than 2 years have passed since the date of purchase);
When the seller, as a result of an inspection, finds out that the defect arose due to the fault of the buyer, and he does not agree with this, then the buyer has the right to appoint a new, paid examination. If she confirmed the results of the store check, then the buyer pays for it (also the costs of storing the phone and its transportation). Otherwise, based on the results of the examination, you can file a lawsuit against the seller (or attribute the results of the examination to him and try to negotiate peacefully);
Return of the phone is possible only after writing an application(claims) for return, for which you will definitely need a passport. It is advisable, but not required, to attach a sales receipt to the application. Oral testimony from witnesses or the sellers themselves that the product would have been purchased in this store is also suitable. The claim is written in two copies, one of which remains with the buyer. The employee who accepted the document signs it, indicates the date, his full name and position. This will protect the buyer in case the seller delays returning the money;
Replacing a mobile phone is legally possible even if 2 years have already passed from the date of purchase. Replacement possible throughout the entire service life of the device or within 10 years after purchase (if the service life is not specified). But then the deficiency must be significant or irreparable. In this case, the claim is submitted not to the seller, but to the manufacturer or importer of the product itself. In case of a removable defect, the manufacturer is obliged to fix it free of charge within 20 days or transfer money for the phone. However, the consumer himself is obliged to prove that a significant defect arose during the assembly of the phone or before its purchase;
The return request must be reviewed and satisfied within 10 days from the date of presentation of the requirements. If after purchase the phone becomes more expensive, the consumer has the right to demand a refund of the price difference. When purchasing a phone on credit, the fee for providing it is also reimbursed.

Return of technically complex goods

Cell phones belong to the category of technically complex goods, therefore, by law, they can be transferred to the seller without examination only in the first 2 weeks after purchase (if it turns out that you were sold a defective phone). If more than two weeks have passed since the date of purchase, then you can receive money for a faulty product only under the following conditions:

it is impossible to use the product due to a significant defect;
the maximum period for eliminating the deficiency was violated (Article 20 of the Law of the Russian Federation);
During the year, the phone was not used for more than thirty days in total due to its repair at the service center (with various faults being repeatedly eliminated).

In general, the procedure for returning a low-quality phone consists of the following steps:

First, we go to the store and find out if they will return our money immediately, without additional conditions;
If we can’t reach an agreement, we draw up a statement and hand it to the seller;
If this does not help, we order an examination to determine the cause of the shortage of goods;
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;
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. It is recommended to write a claim at home, in a calm environment, having thought through your position and providing the necessary arguments in the text, as well as making references to the PPA and other regulations. When submitting the application in the store, a separate act of acceptance of the mobile phone will be drawn up, indicating its technical characteristics and existing problems.

The Federal Service for Supervision of Consumer Rights Protection and Human Welfare explains that, in accordance with clause 26 of the Rules for the sale of certain types of goods approved by Decree of the Government of the Russian Federation of January 19, 1998 N 55, the buyer has the right, within 14 days from the date of transfer of non-food goods of proper quality to him quality, if a longer period is not announced by the seller, exchange the purchased product at the place of purchase and other places announced 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 receipt.

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. Returning or exchanging a phone after 14 days from the date of purchase Judicial practice in the consideration of disputes related to the return of technically complex goods, reflected in the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 28, 2012 N 17 “On the consideration by courts of civil cases in disputes regarding the protection of consumer rights” Review of judicial practice of the 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 devices. Unfortunately, you cannot return a working smartphone. Item 6 of the list in Government Resolution No. 924 of 2011 classifies technically complex goods as a wireless communication device that 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 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.

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. When using this smartphone, it was found that its battery drains too quickly and the touch screen 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 procedure for returning a low-quality phone consists of the following steps:

First, we go to the store and find out if they will return our money immediately, without additional conditions;
If we can’t reach an agreement, we draw up a statement and hand it to the seller;
If this does not help, we order an examination to determine the cause of the shortage of goods;
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;
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 period of technical operation of the communication device, 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 away with a refund) a high-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.

Issues related to goods and services have always interested the population. Russia even has a special law protecting consumer rights. It is called “On the Protection of Consumer Rights”.

Today we are going to find out how to get your money back for a phone under warranty. Is it even possible to do this? Under what circumstances will funds be returned and under what circumstances will they not? The answers to all these questions will be given below. Among other things, we will be able to get acquainted with the rules for writing claims for phones that have not yet expired the warranty period. What features of the process should you pay attention to? What will each potential buyer need to remember about the procedures being studied?

The guarantee is...

The first step is to understand what a warranty period is. Every person who has ever purchased equipment should be familiar with this term. Especially technically complex designs.

This is the time during which the manufacturer of a particular product makes free repairs, diagnostics or replacement of components of its device. A similar document is attached to all gadgets and machines. Phones are no exception here. A corresponding coupon is also issued for them.

So what does a phone warranty provide? Within a specified time (usually 12 months), the buyer will be able to:

Carry out free diagnostics of the device at the service center;
replace a broken or defective phone with a similar one;
have your device repaired at a service center for free.

This paper is required as standard for all devices. The buyer must check the availability of the corresponding one. If it is not there, it is not recommended to purchase the phone. After all, then the citizen will not have any rights to free repair or replacement. This is the opinion held by the majority of people. Is it really?

Is there any chance of a replacement?

To understand this feature, you will have to answer whether the phone can be replaced under warranty. How legal is this idea?

In Russia, it is not prohibited to replace and repair devices that are under warranty for free. This means that theoretically it is possible to replace an unsuitable smartphone. But in practice this is not so easy to do. Especially if you don't take into account some factors. Next, we will consider various options for the development of events regarding this issue. What tricks do cell phone stores use to avoid exchanging sold devices? and get paid for a low-quality product? If you prepare in advance for such situations (this is recommended to do under any circumstances), you can implement your idea without much difficulty. The main thing is to know your rights and not fall for the deceptions and tricks of sellers.

What may be useful

How to get money back for a phone under warranty? The first rule you have to remember is to save all documents and papers. Each customer purchases a specific set with a device in the store. And it will have to be preserved. Otherwise, there may be problems with the return or exchange.

As a rule, in the box with a mobile phone you can find:

the device itself;
Charger;
battery;
operating instructions;
cable for connecting to PC (USB);
warranty card for a phone purchased by a person.

Having the latest document should be a concern for every buyer. As already mentioned, if there is no guarantee, it is better to refrain from purchasing. All these components (some smartphones also have accessories such as a protective film or a headset) need to be preserved. Preferably with the box.

In addition, upon payment, the buyer will be given a check. It is a mandatory attribute if you need to return or exchange a smartphone. This is a kind of proof of the transaction. No receipt? Then you can completely forget about implementing the task. Without it, it will not be possible to prove the fact of purchasing a phone in a specific store.

Proper quality

The quality of the product plays a huge role in the issue being studied. How to get money back for a phone under warranty? Before taking decisive action, the buyer should consider the reason for the complaint.

The thing is that today goods of proper quality can be returned. But only under certain circumstances and with time limits. What is it about?

Any smartphone of good quality is offered to be returned to the store under the following circumstances:

the device does not match in color, shape or size;
The product has not been used, it has fully retained its presentation, has all the factory seals and plugs.

What restrictions are we talking about? The buyer can return the mobile device to the store within 14 days from the date of the transaction. This rule is regulated by the Law “On Protection of Consumer Rights”. This means that if there are no defects on the smartphone, you can still return it and get your money back.

Technically complex product of appropriate quality

How to get money back for a phone under warranty? In fact, everything is not as simple as it might seem. The thing is that smartphones are included in Therefore, buyers and sellers often have disagreements.

According to the established rules, it is impossible to return technically complex goods of proper quality if they are under warranty. Accordingly, you can forget about implementing the task. Such a device can only be returned or exchanged as part of some promotion held by the store. Or at the free will of the seller.

But technically complex goods of poor quality can be exchanged or returned. Only with certain features and nuances.

Inadequate quality of complex equipment

What to do if you need to return a phone of poor quality? According to the law, technically complex goods in this case are exchanged within 15 days from the date of purchase. The buyer then loses this right.

But there are exceptions everywhere. You can exchange or demand money for technically complex goods of inadequate quality after the specified period in the following cases:

The smartphone was found to be seriously damaged (defective);
the deadlines for eliminating the defects were violated (45 days are allotted for the operation);
if during the entire warranty year the device could not be used for more than 30 days in total due to constant repairs and elimination of defects of the device.

There are no further rules regarding this issue. In case of minor breakdowns or defects, if more than 15 days have passed since the purchase of the smartphone, you will have to put up with them.

About poor quality of goods

Now a little about more common situations. What to do if your phone breaks under warranty? Will it be possible to get him back?

As already mentioned, in Russia buyers can demand their money for any product of inadequate quality. Moreover, this can be done during the entire warranty period. The previously proposed time limits are only valid for 100% working devices.

Returning a phone that is broken or malfunctions during the warranty period is the legal right of every buyer. If the seller refuses the transaction, you can complain about it. What should I do to get my money back?

Application procedure

Everything is extremely simple. Especially if the citizen has saved receipts and documents from the smartphone. Without them, as already mentioned, it will be almost impossible to bring the idea to life.

Regardless of when exactly the breakdown occurred (during the entire warranty year, of course), you will have to follow some instructions. They look something like this:

Collect the previously listed documents. They must be accompanied by a citizen's identity card (passport).
Write a claim. How this is done will be discussed later.
Contact the store where the purchase was made with a corresponding complaint.
Wait for funds or exchange the device for a similar device, but in working condition.

In reality, everything is not so simple. Sellers often refuse to refund buyers. For example, due to doubts about the reasons for the appearance of certain defects. What to do in this case?

Conflicts with sellers

Don't despair. Even if there is a disagreement, you can easily get your money back for a smartphone of poor quality. This is normal. The main thing is to behave correctly.

If the seller doubts the reasons for the appearance of certain defects, he must, at his own expense, conduct an examination, during which the quality of the product will be confirmed (or not). If manufacturing defects are identified, the money is returned to the buyer in full. If the examination determines that the defect is caused by a violation of the operating instructions, you can forget about the operation. Additionally, the citizen will have to reimburse all the store’s expenses for diagnostics.

Sometimes it happens that the phone is not installed or has expired. In this case, you can also get your money back. But for this you will have to conduct an examination at your own expense. The procedure is allowed to be carried out within 2 years from the date of purchase of the gadget.

There are exceptional cases. For example, if more than 24 months have passed since the purchase of the smartphone. Then you can return the faulty gadget within 10 years after the start of its use or during the service life established by the manufacturer. Cell phone stores are not involved in this transaction - claims must be submitted directly to the manufacturer. With all this, the disadvantage of a smartphone should be significant and irreparable. If the breakdown is repairable, you are allowed to demand money only if the manufacturer has not removed it free of charge within 20 days. The buyer must prove at his own expense the reasons for the defect.

About refund amounts

Now a little about how much money you are allowed to return if your phone breaks under warranty. This issue often causes controversy.

Firstly, the buyer is required to reimburse the full cost of the purchased device. Secondly, every citizen has the right to reimbursement of all expenses associated with the examination and repair of a faulty smartphone. Thirdly, if the price of the phone has increased, you can demand payment of the difference in cost.

It follows that sometimes the buyer is able to get more money than he once spent. Such situations are very rare in practice; you should not rely on them.

What to do when purchasing a smartphone on credit? In this case, the return of the phone takes place according to the previously proposed principles. The money is returned in the amount of the cost of the device. In addition, the buyer is required to reimburse the interest on the loan that was paid.

Review and return times

In Russia today, all claims for refunds on mobile phones are considered within 10 days. If the store has not responded to the document in any way, you can file a lawsuit.

It is important to note that no more than 45 days are allotted for examination or repair of the device. Therefore, if a citizen was promised to repair the gadget and fix the breakdown, he will have to wait.

What cannot be returned

From now on, it should be clear how to get your money back for a phone under warranty. What devices are not eligible for reimbursement?

As already mentioned, all smartphones of poor quality must be replaced or returned to the store. The warranty on the new phone will also be updated. Money for such products must be returned upon request of the consumer.

Among the smartphones that cannot be returned are:

devices of proper quality, if more than 2 weeks have passed since their purchase;
technically complex devices of inadequate quality, if the claim arose more than 15 days after the transaction.

No more restrictions. What else should every buyer remember if he wants to make a warranty claim on a smartphone? What does this document look like? What should it contain?

Rules for writing a claim

Warranty claims over the phone can only be made in writing in person by the buyer. It is important to remember that the document can be:

written by hand;
printed using a printer and PC.

There is no fundamental difference in how the document is written. The main thing is that it is real paper that can be read.

The remaining rules for writing a document are general principles for conducting business correspondence. Key points include the specific structure of the claim.

It looks something like this:

"Head" of the document. It is drawn up in the upper right corner of the sheet. Here you need to write information about the store to which the document is sent. In addition, the “header” contains information about the applicant - personal and contact information.
Name. It is written in the center of the page on a new line. You must write "Claim". It is recommended to write a clarification under this word. In our case, the name looks like “Claim for refund for phone under warranty.”
Main part. It consists of a description of everything that happens. You could say this is the crux of the complaint. Here you need to tell as accurately as possible, but briefly and to the point, about the reasons for the complaint and your requirements. After this, you need to list in a numbered list all the documents attached to the claim.
Conclusion. This part of the paper usually consists of the date of application and the signature of the applicant.

That's all. There are no more special rules for writing a complaint. It is recommended to record the fact of contacting the store with this document. This is necessary so that in case of inaction of the organization, the citizen has the right to go to court for protection.

Sample

The warranty for a phone by law, as you may have already noticed, is established by the manufacturer. Usually it is 12 months. Sometimes you can find gadgets with a warranty of 6 months or several years.

What would a claim for a refund for a mobile device that is out of warranty look like? For example, like this:

"I, (information about the applicant, including passport details), ask for a refund in the amount of (amount) for the mobile phone (model) I purchased. (Date of transaction) I bought this device in the store (information about the outlet. It is located under warranty until (expiration date of the warranty card). (Date of incident) I took the mobile phone and tried to turn it on. The device booted up and turned off on its own after a few minutes. Turning it on again did not produce results. The battery charge is shown as 100%. (Date) by me "An independent examination was carried out. It revealed a manufacturing defect in the mobile phone circuit boards. I paid (amount) for the operation. I request that you reimburse me the amount paid for the smartphone (model), as well as the costs of diagnosing this equipment."

This claim is not exhaustive. This sample is just a small template of the main part of the document. It helps to understand the essence of writing a paper.

About batteries and components

The last question that may arise is whether you will receive a refund for a phone with a faulty battery or other components. Is it possible to carry out such an operation? Yes. It is enough to remember a few simple rules. The principle of filing a claim will not change.

The warranty on phone batteries will be exactly the same as on the device itself, unless the manufacturer has indicated otherwise. It is enough to carefully study the warranty card. If it does not mention that the battery or any components of the smartphone are not covered by the warranty, you can safely contact the store with a claim within the entire period indicated on the coupon. The main thing is to have documents for your phone and a receipt indicating payment for the goods.

Results

Perhaps this is all that every consumer should know. From now on, the topic “Phone under warranty - my rights” will no longer cause any difficulties. If you have all the documents for your smartphone, you can easily file a claim and get your money back for a purchase of poor quality. Of course, the device itself will need to be taken to the store.

In fact, everything is much simpler than it seems. Sellers often try to violate the rights of buyers. It is important to understand that you can exchange or return money for a product at any time if it is proven to be of inadequate quality or a serious defect. But a working device can be returned only if it is in its original condition and within 14 days from the date of purchase. Even technically complex devices must be accepted for exchange or return.

So, if a citizen’s phone suddenly breaks down, he can demand an exchange or a refund during the entire warranty period. The main problem in this matter is device diagnostics. You have to prove to stores that the smartphone was originally purchased with a defect. In practice, not every buyer is able to defend their rights.

The reasons for returning an item you don’t like back to the store can be completely different. Few people know, but a product you don’t like can be easily returned to the store within the first 14 days.

True, there are categories of goods that cannot be returned even within these periods. The phone is not specifically listed in this list, but many consider it to be a technically complex product on this list, so returning it may be problematic.

Read this article to learn how to return a mobile phone.

List of goods of good quality that cannot be returned

This list includes products that cannot be exchanged or returned even in the first 14 days, if the buyer simply did not like their functionality, but are of high quality. The list is divided into three large categories: food, non-food and technically complex.

Most sellers refuse to return a mobile phone, citing the fact that it belongs to the third category of non-returnable goods. Let's see if this is true?

Generally quite large, this includes vehicles and all items that run on engines. This list also includes various navigation and communication devices, touch screen technology that performs more than two functions. The list includes computers and other electronic computing equipment, most office equipment, cameras and cameras, as well as household appliances.

In a word, an object is technically complex when it has a complex structure and performs several functions.

Warning

A product from this list can be returned or exchanged only if it is defective and cannot be returned within 14 days without explanation.

Is mobile included in the list?

Most sellers refuse to accept the phone back into the store, and in most cases must accept it, otherwise they may receive an administrative penalty. A large number of people have encountered such problems, so the Federal Service for Supervision of the Implementation of Consumer Rights Protection has published clarifications on this topic.

The clarification states that when sellers refuse to return a phone of proper quality to customers, citing the fact that it is a technically complex product, they are not always right.

The FS explained that, in accordance with paragraph 26 of the “Rules for the sale of certain types of goods” of the Government Decree, the buyer has the right to apply for an exchange of the phone within 14 days if it does not suit him according to some criteria, with the possibility of recalculating the cost.

In general, it is unlawful to refuse an exchange; the phone belongs to the category of “wearable radio stations” and does not belong to the class of household appliances. Thus, before the exchange, you can make sure what device code is written in the passport of the cellular device. If, according to the All-Russian classification, this code does not apply to devices that cannot be exchanged, then a return can be made within 14 days.

Reasons for return

Article 25 of the Law “On Protection of Consumer Rights” describes possible reasons for returning goods:

Not matching the shape of the product;
The product does not fit the style;
Inconsistency in the dimensions of the item;
The product did not fit;
The product did not fit the package.

Information

But in addition to the fact that there must be appropriate reasons for the exchange, the return conditions must be met. After all, if the product has lost its functionality or has deteriorated during this period, then it is not profitable for the store to accept it back.

Conditions for returning goods

These points are reflected in Article 502 of the Civil Code of the Russian Federation and Article 25 of the Zoppa:

The product must not be in use;
Externally, the product must look like new;
You must have a receipt for the goods or the ability to confirm it
purchases;
Return within 14 days, for reasons in accordance with those established by law for return;
The product is not included in the list of non-returnable items.

Thus, you can return the phone if its passport contains a product code that is not included in the list of non-returnable items, if it has not lost its presentation, and the receipt and packaging have been preserved.

Procedure for returning a cell phone

In order to return a cell phone within 14 days, you need to:

Come to the store with the product in its original packaging;
Submit requirements for the return of goods;
If requested, write a claim for return (indicate the reason for the return and the requirements for it, the date the claim was written, leave information about yourself and contacts);
Provide a check;
Wait for the return decision.

Warning

The period for making a decision to accept the goods back to the store should be no more than 10 working days.

What should I do if my return is refused?

If your requirements for the return of a mobile phone are not satisfied, citing the fact that it is included in the non-returnable list, you can challenge this in some cases. It is even possible to bring the seller to administrative liability if he refuses that you are right, and he refused you, for this you need to file an application with Rospotrebnadzor or directly to the court.

If you decide to go to court, we advise you to hire an experienced lawyer who will help protect your rights. By the way, lawsuits regarding the protection of consumer rights are not subject to state duty for the consumer.

You decided to keep up with the times and got a new cell phone. But at home you discovered that you don’t like the gadget you purchased or it’s inconvenient to use. There are several ways to return your phone to the store.

They sold you a working phone without providing complete information about it. Often the instructions for the phone are only in a foreign language, and in Russian there is an insert of several lines. Thus, there is no complete description of the phone in Russian. Or, when purchasing, you were not told about the absence of important cell phone functions, the presence of which prompted you to make a choice in favor of this model. In the above cases, the seller did not fulfill the obligation to provide the buyer with reliable information about the phone, as required by Art. 10 of the Law “On Protection of Consumer Rights” (hereinafter referred to as the Law). The legislator gives you the right to refuse to fulfill the contract and the right to demand the return of the transferred funds for the telephone (clause 1 of Article 12 of the Law). Having witnesses will make your return process easier. Look for a compromise. Try to negotiate with the seller. Justify the reason for returning a working phone. In such a case, the seller usually refuses to exchange the goods or return the amount of money paid. The reason is clear: a phone returned to the store with a warranty already issued will not be able to go on sale again at the same price. The seller suffers losses. Therefore, he has the right to refuse to replace your gadget, citing the List of technically complex goods that cannot be exchanged (Clause 1, Article 25 of the Law). Some lawyers debate whether a cell phone falls into this category of goods. However, based on judicial practice, it is a technically complex product. Perhaps you will be lucky and the seller, in order to increase his reputation, will meet you halfway and exchange the phone, provided that it has not been used. Returning a faulty phone. At home, you discover that your gadget has a malfunction. According to paragraph 1 of Art. 18 of the Law, you have the right to come to the store within fifteen days and demand to replace your cell phone with the same one or with a phone of a different model with an increase or decrease in the purchase price accordingly. You also have the right to terminate the purchase and sale transaction with a refund of the amount paid. However, if the deadline is missed, you can make these demands only if there are significant defects in the goods or if the seller misses the statutory deadlines for repairing the goods. Significant deficiencies include repeated or irreparable deficiencies. This point also needs to be proven. In any case, you go to the store and file a claim, in which you outline the essence of the gadget’s shortcomings and your requirements. Make the claim in two copies, ask the store employee to make a note of receipt on yours with the obligatory date stamp, or send the claim by mail with a written delivery notification. This way you can prove that the fifteen-day deadline has not been missed. The seller sends the goods for examination. Please indicate your intention to attend in your claim. But usually this is not necessary. If the phone breakdown is not your fault, the claim will be satisfied. If the seller’s decision is negative and you disagree, you have the right to protect your interests in court.