Charging device 

Return the purchased phone within 14 days. How to legally return a smartphone to a store. Inability to use the product during each year of the warranty period for a total of more than thirty days due to repeated elimination of its defects


Russian legislation provides rules that protect the rights of consumers and set out the responsibilities assigned to sellers if the buyer applies for a return or exchange. This includes rules that allow you to return a product under certain conditions. This provision is regulated by Article 25 of the Law of the Russian Federation “On the Protection of Consumer Rights”. There are many nuances to this issue, which will be discussed in detail in this article. Article 25 How to return money for goods of proper quality after 14 days? Products may be of adequate or inadequate quality. Every consumer has the right to purchase a product of appropriate quality. Such products include goods that do not have defects or breakdowns; they comply with the requirements prescribed by law or contract. These are products that are useful for the buyer and are also safe.

How to return a phone after 14 days

  • 2 Can the seller refuse to exchange a product that the buyer does not like?
  • 3 What should I do to return an unsuitable product?
  • 4 Is it possible to return an item without a receipt?
  • 5 More information about returning goods purchased in an online store

Is it possible to return a product that is of high quality but not suitable to the store? Sellers are not always ready to return goods after 14 days. Thus, any product that is not suitable for the buyer can be returned to the store:

  • in its form;
  • by size, weight or dimensions;
  • by color;
  • by style (if we are talking about clothes);
  • according to configuration.

It is important to know: even if the buyer has a signature on the sales receipt (literally meaning full consent to the proposed appearance products), the seller has no right to refuse the consumer an exchange or return of goods.

Cell phone return policy

  • 1 How to return money for goods of good quality after 14 days?
  • 1.1 Rules for returning goods to the store 14 days after purchase
  • 2 Return of goods after 14 days consumer protection law
  • 3 Returning low-quality goods to the store after 14 days - return rules

Modern citizens make purchases in stores. At the same time, a person does not always immediately determine that this product is suitable.
It happens when a buyer purchased a product and only after some time decided to return it. The reasons may be varied. Perhaps the product was rejected as being of poor quality, or perhaps it is of adequate quality, but does not fit the interior, has the wrong shape, dimensions, color, or the opinion has simply changed regarding the need or attractiveness of the product.

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

So, after the 15-day period for requesting a return or exchange cell phone subject to satisfaction only in one of the following cases:

  1. the established deadlines for eliminating product defects were violated;
  2. it is impossible to use the product for a total of more than 30 days during any year of the warranty period due to repeated elimination of its various defects;
  3. a significant defect in the product has been discovered.

At the same time, the presence of the opportunity to eliminate the disadvantage of a technically complex product does not in itself mean that such a defect is not a significant defect of the product. A pressing issue in judicial practice is to determine which of the shortcomings is considered significant.
In practice, when resolving legal disputes, the court proceeds from the following.

Is it possible to return a product of good quality after 14 days?

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 dated 10. Return of the phone within 14 days It is important to comply with certain conditions: What are the rights of the consumer when returning the phone the law? Have you purchased a device of inadequate quality? In this case, the buyer has the right: The citizen independently chooses any of the listed options.


Relevant for many - is it possible to return a phone if you don’t like it within 14 days? In this case, the original appearance of the product and its contents, receipt or purchase receipt must be preserved.

How to return a working cell phone to the store?

However, a lot depends on the store itself - large centers usually maintain their reputation and are more loyal to warranty cases. Money for a faulty phone under warranty - how to return it You can return a technically complex product under warranty and get money for it under one of the following conditions:

  • the presence of a significant defect, the elimination of which will require too much time or disproportionate costs;
  • violation of the maximum repair period if the phone was submitted for correction of defects;
  • During each warranty year, the phone is under repair for more than a month, the period is calculated on a cumulative basis.

The last provision indicates whether it is possible to return money for a purchased faulty phone if it breaks frequently.

Is it possible to return goods after 14 days? how to protect your rights?

Info

Among other things, a situation may arise when the store simply cannot replace a product you don’t like with a similar one, since there are similar items in this moment simply not on sale (in stock). What can you do in this case? The buyer has the right:

  1. agree to make an exchange later (when the goods he needs go on sale again);
  2. demand a refund of the full cost of the returned goods (payment can be made in any way, but no later than three days from the date of application).

What should I do to return an unsuitable product? You can simply try to negotiate with the seller about replacing it with another product. To process the return of the item, the buyer will need to write a corresponding application.


It is better - in two copies, one of which can be handed over to the seller’s representative against signature for review.

How to return a working phone to a store after 14 days

More information about returning goods purchased in an online store More difficult question What is the situation with online shopping? Modern online trading is officially classified as a “remote method of selling goods” and falls under Article 26 of the same Law on Consumer Rights. Thanks to this, the procedure for returning or exchanging goods through the network is practically no different from similar actions outside it.

Attention

The whole difference lies only in minor nuances (for example, the timing of the procedure). Thus, according to the law, you can refuse a product purchased via the Internet without explaining the reasons to the seller.


You can do this at any time, but only until the purchase is delivered to your Postal office. From the day you receive the parcel, you have exactly one week to return the item.
At the same time, you will have to justify the reason for refusing to purchase.

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.

How to return a working phone after 14 days

Is it possible to return a phone that does not fit to the store? But here we are talking specifically about exchanging phones, and a return is possible only if the store does not have a model that suits you. Most often, large chains of hardware and electronics stores meet the buyer halfway, trying not to bring the matter to trial.
Can I return my phone to the store? It goes straight into the list of sophisticated electronic equipment. The law does not provide for cases in which the wording “didn’t like it” is sufficient to return the above type of device back to the store. Question: “Can I return the phone to the store if I don’t like it?” , still has several solutions.

Instructions

The Federal Service for Supervision of Consumer Rights Protection explains certain aspects of the relations that have arisen in the field of sales of telephone sets. So, according to this clarification, within 14 days from the date of sale of a phone of good quality, exchange its goods, covering the difference in the cost of the goods.

According to the All-Russian Product Classifier OK 005-93, household radio-electronic equipment belongs to the class of goods with codes OKP 6ы 8000 - OKP 65 8900. A cell phone is officially a “portable radio station”, has code OKP 65 7140 and belongs to radio communications and broadcasting equipment for general use.

Thus, a cell phone is classified as a consumer electronic equipment, and refusal to exchange said cell phone is illegal. To replace a cell phone with a similar product of a different model, write a corresponding statement to the store administration, and if your request is ignored, contact the territorial bodies of Rospotrebnadzor to bring cell phone operators to administrative responsibility for non-compliance with the law.

Getting money back for a phone is quite problematic. According to the law, even if the phone malfunctions and there are significant defects, the phone is offered an exchange for an equivalent model, rather than a return. When returning or exchanging a phone, try to preserve its presentation and complete set.

If, when buying a phone, some kind of branded warranty card was filled out, the chances of returning the phone are reduced to zero, since a warranty card once filled out cannot be filled out again, which means it will no longer be possible to sell this phone as new.

Helpful advice

Keep receipts that confirm the purchase and warranty cards that allow you to repair and replace the phone in the event of a breakdown.

Sources:

  • exchange of a new phone

Having purchased a new expensive phone, after a while you suddenly discover a flaw in it and realize that the phone does not suit you for a number of objective reasons. There is no need to worry right away, as the situation can be corrected.

Instructions

According to the same article, you can replace your phone with a similar one and get your money back, or purchase another product in return. The seller has the right to refuse you only if you do not comply with the conditions described above, and also has the right to return your money within 3 days from the date you returned the goods.

Video on the topic

Helpful advice

When contacting a store with a request to exchange your phone, have your civilian passport ready.

Sources:

  • Law on Consumer Protection

Have you found someone else's phone and your conscience tells you that it urgently needs to be returned to the owner? If there were more people like you, the world would be a better place. You can return the phone to its owner in several ways.

Instructions

Post a notice about your missing phone if you found it in a place that is not very public. Perhaps the owner will come back looking for it, see the ad and call you. Be sure to include your name and contact phone number in your ad. You can ask for a small reward, but it is better to do this on the spot, during the transfer. Before giving the phone to its intended owner, ask him to describe the device you found or name a number or contact from his phone book. This will be a guarantee of the authenticity of the owner of the cell phone, and it can be safely returned to the owner. You will most likely be rewarded for your honesty. If you find the phone in a fairly public place (for example, on the subway or bus), then there is no point in posting an ad.

Call any number from the phone book of the device you found, introduce yourself and ask how to return the found mobile phone. It is best to call one of your relatives - this will make the return easier and will guarantee that the phone you found will be given to the owner. If no one close to you picks up the phone, start calling all numbers using brute force. Explain that you found the phone and ask for the owner’s coordinates.

Take the phone to the police. Law enforcement agencies will search it through the operator's database cellular communication and returned to the owner. This is one of the most simple options return, but in the practice of our police such cases are rare.

Buy a telecom operator database and try to find out who the mobile number is registered to. After this you can call help desk and find out the address of the owner of the mobile phone by his last name, first name and patronymic. In some databases, in addition to the full name, operators also indicate the place of registration or registration. Then it simplifies the task, and you don’t have to call the helpline. Once you know the address, you can personally return the phone to its owner. In this case, you will definitely be guaranteed gratitude and gratitude.

Video on the topic

Unfortunately, no one is insured against purchasing low-quality or defective goods. Even if you buy mobile phone in the salon of a well-known chain, it may happen that your new thing refuses to work or is slightly “weird”. Sellers are often reluctant to accept goods back, taking advantage of the buyer's uncertainty and ignorance of their rights.

Instructions

It is possible to return the phone to the seller if damage or defects are found. It is possible to return a quality product only if you were misled or did not provide the necessary information about the product when you arrived. Within a certain period, regulated by law, you can replace the product with a proper one. You can return the device and get a refund if the seller cannot provide a proper replacement. Returns and exchanges are possible provided that the product has not been used and there is proof of purchase from the seller, for example, a receipt.

In order to establish the nature of the problems and the cause of their occurrence (as well as the culprit), the seller is obliged to send the goods for examination, the results of which must be ready within 10 days. If the examination shows that problems with the device were caused by the buyer, you can challenge this decision and conduct an independent examination.

Thus, if you purchased a low-quality product, you need to contact the seller with a request for a refund or replacement of the device with a new one. If the seller refuses to do this, you should write a claim in duplicate with a clearly worded demand (for either a refund or a replacement) and detailed description problems, do not forget to indicate the dates. The seller must sign for receipt of the claim on both copies. In the future, conduct all communications with the seller in writing. Most likely, an examination will take place. In the letter of claim, you can indicate that you insist on being present during the examination and ask to be informed of the place and time of its conduct - in this case, you may not hand over the phone to the seller, but personally bring it for examination.

After the examination, the seller is obliged to fulfill your request for a refund if it is determined that the phone does not work through no fault of yours. If the examination finds you guilty of a faulty phone, you will either agree and pay for the examination yourself, or insist on a repeat examination and continue to defend your consumer rights.

If you purchased a mobile phone, but for some reason you don’t like it, you can raise the issue of exchange in the store. It will not be very easy to achieve your goal, since sellers are very reluctant to change the purchased item or return the money.

Instructions

If you find a malfunction in the phone or a technical defect, feel free to go and demand to exchange it for a better one. Please present your proof of purchase and warranty card. They must meet you halfway and either correct the defect at the store’s expense, or return the money spent, or exchange the phone for a working model.

If the device is in fully working condition, but you are not satisfied with its color, model or functions, you can also contact the store and request an exchange. The phone, contrary to the assurances of the sellers, belongs to a group of goods about which the law states that the buyer can, within two weeks from the date of the transaction, exchange a product that is unsuitable in style, color, size or configuration for a similar one with the required characteristics. If the store doesn't have the equipment you need, you should get your money back. In practice, sellers will try to find a phone that suits you completely. As a last resort, you can choose a more expensive model by paying the difference in price.

If they refuse to make an exchange, contact your city consumer protection department. In the event that your rights were indeed violated, a fine will be imposed on the seller, and your money will be returned. However, your application will be satisfied only if you have not used the phone, its packaging and presentation are completely intact, and you have evidence that you bought the product from this particular seller.

Do not buy cellular equipment second-hand or from dubious retail outlets. In this case, you will have no chance at all to exchange a low-quality or unsuitable device. When purchasing, make sure that all documents are completed correctly; under no circumstances throw away the receipt.

Many mobile phones are purchased every day. But often the device turns out to be faulty or the buyer has other complaints. Naturally, the question arises whether it is possible to return the phone. In the first case, the consumer has the right to return and exchange; in other situations, things are more complicated.

You will need

  • - complete set of goods;
  • - sales receipt;
  • - warranty card;
  • - passport

Instructions

According to Russian law, if a mobile phone is in working order, then you cannot return it to the store. Cell phones are classified as non-food items that cannot be returned or exchanged. This is indicated in Decree No. 55 of the Government of the Russian Federation of January 19, 1998, according to which telephone sets are one of the categories of household technically complex goods and cannot be returned or exchanged if they are in good condition.

According to the Law “On the Protection of Consumer Rights,” you have the right to return money for a cell phone or exchange it for another if it is faulty or has a defect that appeared during the warranty period and is not your fault. To do this, certain conditions must be met: the phone must retain its presentation and be fully equipped. You should also have a cash receipt, sales receipt, and warranty card with you. In fact, if a receipt is lost, the law allows you to resort to the testimony of witnesses or prove the fact of purchase in another way. But this responsibility falls on the consumer, so it is better to always save your receipts. In order for your money to be returned, the malfunction must not be a consequence of your failure to comply with the operating conditions.

To return a faulty phone, come to the store, taking with you the complete product, receipts and warranty card, as well as your passport (foreign passport or military ID). In free form, write a statement addressed to the executive or general director with a demand to return your money or exchange the product for a similar one. Indicate the full name of the product, its price, and the defect found. Attach copies of the sales and cash receipts and the warranty card (keep the originals with you). Please tick if you wish to be present during the examination of the goods if it is carried out. Please sign and date it.

The store employee must make an inventory of the goods received from you, put a stamp and his signature on your application. The store then usually sends the phone to a service center. After the examination determines that the breakdown is not your fault, the store will have to fulfill your requirements: exchange the product or return the amount paid for it.

note

At the request of the seller and at his expense, the consumer must return the defective product. So you have the right to return the money for the phone. It may be necessary to conduct an independent examination that will show faults, and with this conclusion it will then be possible to go to court.

Helpful advice

Many buyers choose latest models phones with the maximum number of functions, which makes such a purchase quite expensive. How can I get my money back for my phone if it doesn't work? To exchange goods, the phone must retain its presentation. It is also necessary to have a sales and cash receipt confirming the fact of purchase in this particular retail establishment. If a malfunction is detected in the phone, then Article 18 of the POPP comes into force.

It is very disappointing to buy an expensive mobile phone, and after a while discover an obvious technical defect in it. However, if you find yourself in this situation, you have the right to get your money back. How to do it?

Instructions

No one is insured against purchasing a defective product, so already in the store, find out in detail about the terms and conditions of the warranty, carefully study all the documents and under no circumstances throw away the cash receipt. Pay attention to the integrity of the buttons, absence of scratches, make sure that the display does not move away from the base. If you find any defect, immediately request a replacement model. It's better to do it now than to try to prove you're right later. Do not buy phones second-hand or in small retail outlets in markets, as there is a chance that they will sell you a “gray” product, and it will be very difficult to get your money back.

If after some time you discover malfunctions in the operation of your new phone, contact the store with your passport and cash receipt and write a written complaint. Sellers often say that after 14 days from the date of the transaction you have no right to demand a refund. This is wrong. In accordance with the Law “On the Protection of Consumer Rights”, the telephone is included in a group of goods for which there is no statute of limitations for exchange if the device is of poor quality. 14 days only play a role if you are not satisfied with the size, color or other features, and the phone itself is in good working order.

If store employees claim that you yourself are to blame for the phone’s breakdown, request an examination. Since the warranty period has not yet expired, it must be fulfilled at the expense of the store. If the expert determines that the cause of the malfunction is a manufacturing defect, you have the right to demand a refund or provide you with another working model. It often happens that sellers simply offer you to choose another product for the same amount.

If they refuse to talk to you and do not agree to return the full cost of the phone, contact the city consumer protection department. An audit will be carried out, and if it turns out that you are right, the money will be returned to you based on a court decision.

If you purchased a low-quality mobile phone with clearly visible defects or you simply don’t like it for any reason, in accordance with the consumer protection law, you can exchange it within two weeks.

Instructions

State the reason why you want to exchange your cell phone. This could be a factory defect or an operational malfunction. operating system mobile phone. One way or another, the phone cannot be working in the full sense of the word.

Take the cashier's receipt, warranty card - in general, all the papers that were given to you in the store when you bought the phone. Insist on an exchange or at least a correction at the store's expense. In this situation, the store administration has no right to refuse you.

Contact the store even if the phone is in good condition and works great, but you are not satisfied with its design and set of functions. You are obliged to either exchange your mobile phone for another one that will completely suit you, or return the money. This is a completely reasonable requirement, supported by consumer protection law.

You can request a replacement phone within two weeks of purchase. As practice shows, sellers will try to find a suitable phone, since it is not profitable for them to return money to buyers. You also have the right to choose a more expensive model and ask to replace the purchased phone with it, of course, at your additional cost.

Contact your city consumer protection department if they refuse to replace your cell phone. If your rights were indeed violated, then an appropriate fine will be imposed on the guilty seller, and the money spent will be returned to you in full.

Remember that your requirements will be satisfied if the phone still retains its presentation, the integrity of the packaging is not compromised and all the papers indicating the purchase in this particular store have been preserved. If you purchased a mobile phone secondhand or from a dubious retail outlet, then you will have no chance to take advantage of the consumer protection law.

Video on the topic

Sources:

  • how to exchange a TV

Sometimes a newly purchased phone, or any other device, does not please the buyer, but disappoints. What to do then? There is a rule according to which you can return any product to the seller without reason within a certain time.

Instructions

Execute the following actions, if yours is out of order and you want a warranty. Do not rush to sell it to the radio market or take it to a paid repair shop. If you purchased a device, do not under any circumstances throw away any of the documents that were included: receipt, warranty card. Do not use its components for other phones (battery, memory card, ). By these actions you will only violate the terms of use and will not be able to return the broken phone.

Check the warranty card for service life of this device. The standard period is one year. Next, make two copies of the sales receipt, as well as the warranty card. Draw up a claim document (in the form of an application) addressed to the executive or general director of the store (company). Check with the store itself for the name, patronymic and surname of the director, if they are not indicated on the receipt. In this document, describe the situation, what shortcomings were found in the device, and what exactly is faulty.

Add the following at the end: “I believe that I was sold a low-quality product, therefore, according to Art. 4, 18, 19, 22 and 23 of the Law “On Protection of Consumer Rights,” I demand that the sales contract be terminated and the money paid for the phone be returned,” then indicate the phone brand and amount.

Write also that for each day of delay over 10 days from the date of receipt of the claim, the company will be forced to pay a penalty in the amount of one percent of the cost of the goods. You can also request that the device be replaced with a similar one.

Print out the document in two copies, each containing a copy of the claim and receipt. Keep the originals with you. Give one copy of the claim to the store, and ask for the store’s stamp on the second (yours). If your demands are not satisfied, go to court.

Video on the topic

When buying a phone in a store, sometimes you may find that it doesn’t suit you, you found something much better, or the device is faulty. In any case, you can contact the seller with a request to return the money for the purchase. In this case, several important points must be observed.

You will need

  • - cash and sales receipt;
  • - warranty card;
  • - passport.

Instructions

When purchasing, check the store's conditions for the product. Many sellers set certain rules for such goods. For example, you can get your money back if the device has never been used and it has retained its original presentation. Receive a sales receipt and a warranty card for your purchase. If you are refused such documents, it is not recommended to make a purchase, since in most cases the product will be of poor quality or broken.

Contact the store within 14 days from the date of purchase of the phone with the product, receipts, warranty card and passport. As a rule, the issue of exchanging a purchase is dealt with by a separate employee, with whom it is necessary to communicate about this.

Be polite and calm, since much of the decision will be made on whether the person liked you or not. If your request to return the money is refused, write a written statement addressed to the director of the selling company.

Situations often occur when a person buys a cell phone he likes and then it turns out that the long-awaited purchase does not live up to expectations. You don’t like the phone, it doesn’t have the functions you need, it’s inconvenient to use, etc.

There is a natural desire to return the phone to the store. What the law says. Is it possible to return the phone back if it is working and you just don’t like it?

What the law says

The basic law that governs all relationships related to purchases is the law on consumer protection. According to clause 1.Art. 25 of the above law, the buyer has the right to return the defective product back to the store, or exchange it within 14 days if the purchase for some reason does not satisfy the consumer. In this case, the product must not be used; the integrity of the packaging, seals, labels, etc. must be preserved. There is an exception to this rule. The purchase should not be included in the list of goods that cannot be returned (Resolution of the Government of the Russian Federation No. 55 of January 19, 1998). These include precious things, technically complex goods, transport, etc. d.

Is it possible to return a cell phone to the store within 14 days if it OK Until recently, legislators did not have a clear opinion on whether a mobile phone could be classified as a technically complex product. Unscrupulous sellers successfully took advantage of this uncertainty.
Rosportebnadzor solved this problem by providing appropriate clarifications. According to the letter “on the exchange of cell phones” dated October 22, 2010, a mobile phone is a means of radio communication and is not a technically complex item, therefore cell phones must be returned within 14 days. The seller has no right to refuse a return or exchange of a purchase.

The order of your actions

If you decide to return the phone or exchange your purchase, you need to do the following:

  • You need to decide on your position. You just don't like the phone, or you're not happy with some of its features.
  • Go to the store with all the documents on your mobile phone.

It is not difficult to return a low-quality phone back to the store; the situation is more difficult with a working mobile phone. Despite the clarifications, disputes about the return and exchange of mobile phones among sellers do not subside. If the phone is working, but it does not suit you for some reason, you can do the following:


Explain the reason why you are not satisfied with the purchase and ask to exchange the product for another model. Or, if you don’t have the phone number you need, then ask for a refund, citing art. 25 of the Law on the Protection of Consumer Rights and clarifications of Rospotrebnadzor.

  • You can also return a purchased phone to the store if you were not given a full and reliable information about him (clause 2 of article 10). As a result, during operation it turned out that the phone is not suitable for you. However, this fact will need to be proven.

It is better to conduct a dialogue not with an ordinary seller, but with higher-ranking employees. This way you can reach a compromise faster.

How to speed up the return procedure

To speed up the process of returning your phone, you can use a little trick.
P 2. Art. 10 of the law states that the buyer is required to provide complete and reliable information about the product.

In the configuration of modern mobile phones, as a rule, instead of detailed instructions Only a short manual is attached, which is essentially a violation. Therefore, if you want to exchange or return money for a phone, you can safely claim that you were not provided with complete information about the availability of any functions that are important to you.
In such cases, sellers are more accommodating.

Documents required for return

The list of required documents depends on the timing of the consumer’s application.
If the buyer returns the phone on the day of purchase, then it is enough to have a receipt, as well as the complete product.
If several days have passed since the purchase (but no more than two weeks), then you need to provide:

  • Passport
  • Cash receipt
  • The product is fully assembled with all documents for it

In the store you must write an application for the return or exchange of the phone, indicating the reasons.

Reference! Stores require a receipt, although the law states that its absence is not a reason for refusal. It’s just that in this case the fact of purchase will need to be proven. This is not difficult to do. The warranty card must bear the store's seal.

Cash must be returned no later than 3 days from the date of application. If we are talking about bank card, then no later than 10 days.

What to do if you refuse to receive your phone

If you are refused a return or exchange, you should file a claim - a demand addressed to your boss.
The application must provide the following information:

  • Last name, first name, your contacts
  • Product name in full
  • Requirement
  • The reason why you require an exchange or refund (at this point it is better to refer to the relevant article from the legislation)
  • Signature and date of the application.

Attach a copy of the receipt to your application. You must receive a written response within 10 days. If the store refuses you, you can safely contact Rospotrebnadzor or the court with a written refusal.

Practice shows that large retail outlets try not to let this happen, because often the law is on the side of the buyer. As a rule, contacting Rospotrebnadzor is quite sufficient. An on-site inspection is carried out; if a violation of consumer rights is established, the store faces a large fine, and the buyer’s demand is compulsorily satisfied.

If you go to court, you will have to spend money on fees and a lawyer. Sometimes an independent examination is required. After your claim is satisfied, the store will be required to reimburse all legal costs.

The Law “On the Protection of Consumer Rights” No. 2300-1 (ZPP) describes several situations when a product can be returned to the seller after receiving its value. In such cases, traders have no options; they are obliged to follow the letter of the law.

How to return a smartphone to a store within 14 days

There is an opinion that a person has the right to return an item to a retail outlet if no more than 2 weeks have passed since the sale. Article 25 of the RFP allows for the return of an item when it cannot be used in the way the buyer intended. Having no quality defects, the item simply does not fit in style, size, color and other characteristics important to the consumer.

This right is accompanied by a number of conditions, one of which states that the subject can be taken to the store only if no suitable replacement was found. Otherwise, the seller is not obliged to accept the item - he must exchange it for a similar one.

If it is not in the store’s warehouse at the time of request or cannot be provided urgently, then the store employee may ask the client to wait. If they agree, the parties arrange for the return of the product they did not like and agree on the delivery time for the new one.

Another condition for returning a quality item is that it belongs to a certain category. Government Russian Federation has approved a list of items that are not subject to exchange or return. Among them, goods with complex technical device, smartphone is one of them. The store does not accept returns of such goods unless they have obvious defects.

Returning a smartphone of poor quality

Art. allows you to return a smartphone of inadequate quality. 18 STD. If a smartphone was purchased that does not meet the quality requirements, then the buyer himself chooses what is more profitable and convenient for him to do:

  • exchange for the same or similar device;
  • force the seller to repair the smartphone or compensate for the costs of restoring it;
  • demand the return of a part of the previously paid amount commensurate with the defects;
  • return the purchase to the store, receiving the previously paid amount within 3 days.

According to the RFP, for most low-quality goods the return period is not limited, but in the case of technically complex devices, which include a smartphone, the time for filing claims should not exceed 15 days. Exceptions are those situations when the device has significant defects that do not allow it to be used for its intended purpose, the seller did not meet the repair period, or the repair period lasted more than 30 days in total during the warranty period. Then the buyer can demand the return of the item regardless of whether the allotted time has passed or not.

How to get money back for a smartphone under warranty

If the seller agreed with the buyer’s request and is ready to accept the broken smartphone back, then the following procedure is followed:

  1. the client writes a statement outlining his claims and demands. They must be strictly reasoned and proven;
  2. An act confirming the return of the device is issued. It is compiled by store employees, signed by an authorized representative and the client;
  3. according to the cash receipt order, the buyer's money is returned.

Few people know that a dissatisfied consumer in this case can count on compensation from the seller for damage caused by the sale of a low-quality item. If the consumer proves that an important transaction fell through due to a non-functioning smartphone, then he is guaranteed compensation for losses.

How to exchange a smartphone

As mentioned earlier, this can only be done if the device has obvious defects caused by the manufacturer or seller. These do not include mechanical damage. The buyer is obliged to record them at the time of receipt of the item.

When the store does not have a replacement device that matches the price, the difference is paid by one of the parties to the purchase and sale transaction. The excess of the cost of the initial purchase is compensated by the consumer, and the understatement - by the seller.

Important! When exchanging a smartphone, you will need to prove that it was purchased in this store. This is where a cash receipt or sales receipt comes in handy. They can be replaced by testimony and other irrefutable facts.

If the seller unreasonably refuses to accept a defective smartphone and cannot be convinced in any way, then the advice of a professional lawyer will come in handy. It will help you get out of the situation with the greatest benefit and punish careless trade workers. This will save time and guarantee a successful solution to the problem.

ATTENTION! Due to recent changes in legislation, the information in this article may be out of date! Our lawyer will advise you free of charge - write in the form below.