Can I return the phone. The exchange covers two cases

The buyer has the right to change a working mobile phone within two weeks after purchase - this clarification was issued by Rospotrebnadzor. Salons that refuse to exchange may be subject to administrative liability. Such rules may provoke unscrupulous users who want to rent cell phones for free for two weeks.

The current law on the protection of consumer rights states that the buyer has the right to exchange a non-food product of good quality for a similar product within 14 days from the date of purchase - if it is not suitable in shape, dimensions, style, color, size or configuration. In this case, the item being replaced must have no traces of use, retain its presentation, consumer properties, seals, labels, etc.

In addition, the law allows the buyer to return the product and get back the money paid if, at the time of his contact with the seller, an alternative desired replacement model is not available. This often led to abuse on the part of the consumers themselves: after all, one could always find an excuse and ask to exchange the purchased item for “the same one, but with mother-of-pearl buttons” or “without wings.” For example, before the start of the World Cup, large diagonal TVs were bought, and after the games they began to be returned under various pretexts.

Telephone-type portable radio station

At the same time, the Russian government has the right to determine the list of goods that are not subject to such exchange. This list includes, in particular, household radio-electronic equipment, computing and copying equipment, telephones and fax equipment, etc.

According to Rospotrebnadzor, recently there has been an increase in the number of complaints from citizens about communication shops that refuse to exchange cell phones of good quality for customers of a similar product of a different model. “According to the sellers... a cell phone, being a household radio-electronic equipment, is a technically complex household product and cannot be exchanged,” states the federal service.

The supervisory authority considers these arguments of the salons to be unfounded. According to the certificates, a cell phone is a product with the official name “portable radio station” and has the code of the All-Russian Product Classification (OKP) “radio communications, radio broadcasting and television of general use.” “Consequently, the name of the product “cell phone” is everyday and this product does not belong to the product class - household radio-electronic equipment. Also, cell phones do not belong to telephone devices... Thus, the refusal to exchange the specified cell phone of proper quality for a similar product of a different model is unfounded,” concludes Rospotrebnadzor.

The letter published recently also notes that if there are complaints from citizens about the refusal to exchange a cell phone of proper quality for a similar product, the territorial bodies of Rospotrebnadzor are authorized to bring sellers to administrative liability - a fine in the amount of 10 to 30 thousand rubles.

Extremists or rights defenders

Some market participants note that buyers often abuse the right to return or exchange quality goods.

“All Russian consumers are divided into several groups: the first, most numerous, include those who do not know about their rights,” believes Mikhail Boytsov, managing partner of a law firm. “And many of those who know do not want to defend them for various reasons.” reasons, mainly due to laziness. The other part abuses the right and is ready to change the purchased product without objective reasons, just like that. From both a legal and a human point of view I will say: abuse of right in any form is not allowed! However, for this such consumers cannot be held accountable - unfortunately, our legislation does not stipulate such norms. In my opinion as a consumer, it is impossible to change working mobile phones - this infringes on the rights of bona fide buyers who, perhaps for a lot of money, purchase a product that has already been used from an unscrupulous owner,” the lawyer notes.

However, some large consumer electronics retailers are convinced that there are very few “extremist consumers”: “It is very difficult to imagine a person who will go to the store every two weeks and change their phone. In our network there are not even tenths of a percent, but only a few,” notes Anton Panteleev, public relations manager of the M.Video network. - The letter from Rospotrebnadzor will not affect our activities in any way: we have always changed and will continue to change mobile phones, like any other electronics sold. Moreover, our client has the right to do this within not 14, but 30 days after purchase. After all, a consumer who has bought a cellular device may realize in a few days that he is not satisfied with it. A prerequisite for exchange is the preservation of the product's presentation - if there are scratches or other signs of use, the exchange may be refused. The issue of returning goods, except in cases provided for by law, is resolved on an individual basis.”

Similar loyalty programs for buyers of certain goods that are formally not subject to replacement or return in the absence of manufacturing defects, etc., are also carried out by other retail chains. Thus, the Kay computer center promises to refund the amount paid if a number of computer components, monitors, etc. are returned within three days. This list also includes landline phones, while mobile phones, communicators and other means of communication are not returnable. In addition, this program does not apply to consumers who paid for the purchase with a plastic card, on credit, etc.

But not all networks of cellular communication stores conscientiously replace mobile phones even with identified faults. One of the latest incidents: a resident of St. Petersburg, Kokhanovskaya, bought an expensive smartphone at the Svyaznoy store on Marshal Zhukov Avenue and three days later it began to malfunction. The salon refused to return the money, and the buyer herself had to send the device for examination - the service center updated her software to the version recommended by the manufacturer. The Rospotrebnadzor office considered such actions a violation, and the Arbitration Court of St. Petersburg and the Leningrad Region on October 25 confirmed the conclusions of officials and the validity of the fine of 15 thousand rubles imposed on Svyaznoy SPb OJSC.

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:

1. Collect the previously listed documents. They must be accompanied by a citizen's identity card (passport).
2. Write a claim. How this is done will be discussed later.
3. Contact the store where the purchase was made with a corresponding complaint.
4. 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:

1. "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.
2. 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.”
3. 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.
4. 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.

If in 2019 you wondered whether it is possible to return the phone back to the seller after purchase (to a store or to an individual) and get money, read the article and find out in what cases it is possible to return it and how to do it.

Important!

Please pay attention to the following:

• This article discusses the possibility of returning only a new product (phone) that was purchased in an offline store (from an official representative, a commercial organization or an individual entrepreneur), if the product was purchased in an online store, then read;
• a phone of poor quality (defective), if the breakdown was not your fault, you can almost always return it within 10 years from the date of purchase;
• if the phone is a large item, there are specifics when returning it, which can be found at;
• if the product is a means of navigation and communication and has a touch screen, then when returning such a product of inadequate quality, the rules set out in the following rules apply;
• If the defective product is intended for cooking and is not electrical, then when returning it, the rules set out in the following rules apply:
• If the defective product is a photo-video accessory and has a digital control unit, then when returning it, the rules set out by us apply.

So, you purchased, but now you want to return the phone and there is a need to return it. Now you need to decide on the following.

The phone you bought turned out to be of poor quality for a variety of reasons, for example:

• factory defect of the phone (breakage as a result of a manufacturing defect, poorly functioning product);
• defective coating - the paint has burst or cracked, there has been a scratch;
• individual parts and elements are faulty;
• defects of a different nature that do not allow the use of the product to the extent necessary, etc.

Free consultation with a lawyer on returning goods!

Legislation is rapidly becoming outdated, and each situation is individual. Save your time and money - call the numbers below, or contact the online consultant in the lower right corner.↘️

It's fast and effective! 👇👇👇Around the clock and free!

IMPORTANT! A free consultation does not oblige you to anything!

The phone you purchased is of good quality, but you didn’t like it due to some characteristics, For example:

• I didn’t like the color of the phone, its shape or dimensions;
• not satisfied with its design or the design of individual elements;
• its size, color or configuration, etc. did not fit.

In the table you will find a brief overview of the article, which will help you understand the essence and navigate the information
Good quality product
in most cases it is impossible to return, but there are options ()
Defective product
15 days have not passed	Can be returned with any defects
15 days have passed	Can be returned with significant defects
return period	during warranty
will return the money	within 10 days
What is necessary
Russian passport	Necessarily
product	Necessarily
check	not necessary
package	not necessary
legal consultation	desirable()

Returning a low-quality phone

The following circumstances are of fundamental importance when returning a phone:

• whether 15 days have passed since the goods were delivered to you;
• Is there a warranty for the phone?
• if the warranty period is established, whether it has expired;
• whether the service life is set on the phone;
• If the service life is set, whether it has expired.

Important!

A low-quality phone is a technically complex product and special rules apply when returning it.

Return a phone with defects within 15 days from the date of delivery

Important!

The type of defect and its significance in this case does not matter - you have the right to return the phone with any defects that arose through no fault of yours, if 15 days have not yet passed from the date of delivery and the warranty period has not expired.

The period for returning the phone in this case is during the warranty period | .

Refund period

The refund period for a phone of inadequate quality, for which the warranty period has not expired, is 10 days from the date of submission of the claim | .

• to the seller

• general passport ();

Important!

Free consultation with a lawyer on returning goods!

Legislation is rapidly becoming outdated, and each situation is individual. Save your time and money - call the numbers below, or contact the online consultant in the lower right corner.↘️

It's fast and effective! 👇👇👇Around the clock and free!

IMPORTANT! A free consultation does not oblige you to anything!

Step 3 | Phone examination

Important!

Step 4 | Going to court

Step 6 | Receiving the money

• The refund period is 10 days from the date of submission of the claim | ;
• when returning the amount paid to the buyer, the seller (authorized person) does not have the right to withhold from it the amount by which the value of the goods has decreased due to full or partial use of the goods, loss of marketability or similar circumstances | ;
• the buyer has the right to demand compensation for the difference between the price of the phone at the time of purchase and the price at the time of return | ;
• if the phone was purchased through a consumer credit (loan), the seller is obliged to return the amount of money paid to the consumer, as well as reimburse the interest and other payments paid by the consumer under the consumer credit (loan) agreement | .

The costs of returning the phone are borne by the seller (authorized person) | .

Returning a phone with defects during the warranty period

If any deficiencies are discovered, you have the right to:

• refuse to fulfill the purchase and sale agreement and demand a refund of the amount paid for the phone | ;
• demand compensation for the difference between the price of the phone established by the contract and the price of the corresponding product at the time of satisfaction of the claim | ;
• demand full compensation for losses caused due to the sale of a phone of inadequate quality | .

Important!

• the disadvantage is ;

Period during which you can return the product

Free consultation with a lawyer on returning goods!

Legislation is rapidly becoming outdated, and each situation is individual. Save your time and money - call the numbers below, or contact the online consultant in the lower right corner.↘️

It's fast and effective! 👇👇👇Around the clock and free!

IMPORTANT! A free consultation does not oblige you to anything!

The return period for the phone in this case is during the warranty period | .

Refund period

The refund period for a phone of inadequate quality, for which the warranty period has not expired, is 10 days from the date of submission of the claim | .

Who can make a claim?

A demand for refusal to fulfill the contract and return of the paid amount can be made:

• to the seller– an organization, regardless of its organizational and legal form, as well as an individual entrepreneur selling goods to consumers under a sales contract | ;
• authorized organization or authorized individual entrepreneur– persons authorized by the manufacturer (seller) to accept and satisfy consumer requirements regarding goods of inadequate quality | .

In addition, you can return a phone of inadequate quality and demand a refund of the amount paid from:

Documents you need to have with you when making a claim

• general passport ();
• telephone purchase and sale agreement (if available);
• sales or cash receipt, non-cash payment receipt, other document certifying the fact and terms of purchase.

Important!

The absence of a cash or sales receipt or other document certifying the fact and conditions of purchase of the phone in this case is not a basis for refusing to satisfy requests for a refund | .

Who proves the circumstances of the occurrence of defects?

If the phone has a warranty period, the seller (authorized person) is responsible for the phone’s defects unless he proves that they arose:

• after handing over the phone to the consumer;
• due to consumer violation of the rules for use, storage or transportation of goods, actions of third parties or force majeure.

Thus, the circumstances of the occurrence of defects are proved by the seller (authorized person) | .

Algorithm of actions in the case when the seller (authorized person) agrees to an undisputed refund

Step 1 | negotiations with the seller (authorized person)

In most cases, in order to return the phone back to the seller (authorized person), only your verbal request is required. Many sellers are customer-oriented enough to check for obvious defective goods on the spot and immediately return your money.

If this does not happen, go to Step 2.

Step 2 | Filing a claim (application) for cancellation of the purchase and sale agreement and return of the paid amount

Step 3 | Returning a low-quality phone

Free consultation with a lawyer on returning goods!

Legislation is rapidly becoming outdated, and each situation is individual. Save your time and money - call the numbers below, or contact the online consultant in the lower right corner.↘️

It's fast and effective! 👇👇👇Around the clock and free!

IMPORTANT! A free consultation does not oblige you to anything!

If you refuse to fulfill the phone purchase and sale agreement, the seller (authorized person) has the right to demand that you return the faulty phone.

The costs of returning the phone are borne by the seller (authorized person) | .

Step 4 | Getting money for a low-quality phone

When receiving money, please consider the following:

• The refund period is 10 days from the date of submission of the claim | ;
• when returning the amount paid to the buyer, the seller (authorized person) does not have the right to withhold from it the amount by which the value of the goods has decreased due to full or partial use of the goods, loss of marketability or similar circumstances | ;
• the buyer has the right to demand compensation for the difference between the price of the phone at the time of purchase and the price at the time of return | ;
• if the phone was purchased through a consumer credit (loan), the seller is obliged to return the amount of money paid to the consumer, as well as reimburse the interest and other payments paid by the consumer under the consumer credit (loan) agreement | .

Algorithm of actions in the case when the seller (authorized person) does not agree to an undisputed refund of money

Step 1 | Filing a claim (application) for cancellation of the purchase and sale agreement and return of the paid amount

Step 3 | Phone examination

If, after checking the quality of the product, the seller (authorized person) believes that the consumer is the cause of the phone’s defects, then he (the seller) is obliged to conduct an examination of the phone. Detailed information about the examination can be found on our website.

• The period for conducting the examination is 10 days from the date of presentation of the request.
• The examination is carried out at the expense of the seller (other authorized person).
• The consumer has the right to be present during the examination.

If the consumer does not agree with the expert conclusion, he has the right to challenge it in court.

Important!

if, as a result of the examination of the goods, it is established that its defects arose due to circumstances for which the seller (authorized person) is not responsible, the consumer is obliged to reimburse him for the costs of conducting the examination, as well as the associated costs of storing and transporting the goods | .

Step 4 | Going to court

If the seller (authorized person) does not satisfy your demands pre-trial, you must go to court. Going to court requires legal qualifications, so to conduct a case in court, we recommend turning to professionals.

Step 5 | Enforcement of a court decision

If the seller (authorized person) does not want to voluntarily comply with the court decision, you have the right to choose:

• contact the Federal Bailiff Service of the Russian Federation, which is entrusted with the functions of enforcing judicial acts;
• send the writ of execution to the bank in which the seller (authorized person) has an account.

Step 6 | Receiving the money

Free consultation with a lawyer on returning goods!

Legislation is rapidly becoming outdated, and each situation is individual. Save your time and money - call the numbers below, or contact the online consultant in the lower right corner.↘️

It's fast and effective! 👇👇👇Around the clock and free!

IMPORTANT! A free consultation does not oblige you to anything!

When receiving money out of court, the following should be considered:

• The refund period is 10 days from the date of submission of the claim | ;
• when returning the amount paid to the buyer, the seller (authorized person) does not have the right to withhold from it the amount by which the value of the goods has decreased due to full or partial use of the goods, loss of marketability or similar circumstances | ;
• the buyer has the right to demand compensation for the difference between the price of the phone at the time of purchase and the price at the time of return | ;
• if the phone was purchased through a consumer credit (loan), the seller is obliged to return the amount of money paid to the consumer, as well as reimburse the interest and other payments paid by the consumer under the consumer credit (loan) agreement | .

In the event of a refund of the amount paid for the phone in court:

• the amount of recovery is established in a court decision;
• the period and procedure for return are regulated by the legislation on enforcement proceedings.

Step 7 | Returning a low-quality phone

If you refuse to fulfill the contract for the purchase and sale of a telephone, the seller (authorized person) has the right to demand that you return the faulty telephone if it was not provided earlier.

The costs of returning the phone are borne by the seller (authorized person) | .

Returning a defective phone after the warranty period has expired (including when the warranty has not been established), but within 2 years from the date of purchase

You can return the phone even if the warranty period has already expired or has not been established.

If any deficiencies are discovered, you have the right to:

• refuse to fulfill the purchase and sale agreement and demand a refund of the amount paid for the phone | ;
• demand compensation for the difference between the price of the phone established by the contract and the price of the corresponding product at the time of satisfaction of the claim | ;
• demand full compensation for losses caused due to the sale of a phone of inadequate quality | .

Important!

The type of defect and its significance in this case is of decisive importance - you have the right to return the phone only in the following cases | :

• the disadvantage is ;
• deadlines for eliminating deficiencies were violated;
• it was impossible to use the product during each year of the warranty period for a total of more than thirty days due to the repeated elimination of its various defects.

Period during which you can return the product

The period for returning the phone in this case is 2 years from the date of transfer | .

Refund period

The refund period for a phone of inadequate quality for which the warranty period has expired (or if the warranty has not been established) is 10 days from the date of filing the claim | .

Who can make a claim?

A demand for refusal to fulfill the contract and return of the paid amount can be made:

• to the seller– an organization, regardless of its organizational and legal form, as well as an individual entrepreneur selling goods to consumers under a sales contract – clause 2 of Art. 18 PDO;
• authorized organization or authorized individual entrepreneur– persons authorized by the manufacturer (seller) to accept and satisfy consumer requirements regarding goods of inadequate quality - clause. 2 tbsp. 18 PDO.

Free consultation with a lawyer on returning goods!

Legislation is rapidly becoming outdated, and each situation is individual. Save your time and money - call the numbers below, or contact the online consultant in the lower right corner.↘️

It's fast and effective! 👇👇👇Around the clock and free!

IMPORTANT! A free consultation does not oblige you to anything!

In addition, you can return a phone of inadequate quality and demand a refund of the amount paid from:

Documents you need to have with you when making a claim

Who proves the circumstances of the occurrence of defects?

The burden of proof lies with the consumer; he must prove that the defects of the phone arose before it was transferred to the consumer or for reasons that arose before that moment | And .

Algorithm of actions in the case when the seller (authorized person) agrees to an undisputed refund

Step 1 | negotiations with the seller (authorized person)

The first step is to contact the store where you purchased the phone or any other official representative with an explanation of the reason for the defect and an offer for a refund.

Not very often, but it happens that the seller (authorized person) in this case agrees to return the money even after a verbal demand.

Step 2 | Filing a claim (application) for cancellation of the purchase and sale agreement and return of the paid amount

Step 3 | Returning a low-quality phone

If you refuse to fulfill the phone purchase and sale agreement, the seller (authorized person) has the right to demand that you return the faulty phone.

The costs of returning the phone are borne by the seller (authorized person) | .

Step 4 | Getting money for a low-quality phone

When receiving money, please consider the following:

• The refund period is 10 days from the date of submission of the claim | ;
• when returning the amount paid to the buyer, the seller (authorized person) does not have the right to withhold from it the amount by which the value of the goods has decreased due to full or partial use of the goods, loss of marketability or similar circumstances | ;
• the buyer has the right to demand compensation for the difference between the price of the phone at the time of purchase and the price at the time of return | ;
• if the phone was purchased through a consumer credit (loan), the seller is obliged to return the amount of money paid to the consumer, as well as reimburse the interest and other payments paid by the consumer under the consumer credit (loan) agreement | .

Algorithm of actions in the case when the store does not agree to an undisputed refund

Step 1 | Filing a claim (application) for cancellation of the purchase and sale agreement and return of the paid amount

Step 2 | Phone quality check

seller (authorized person) has the right check the quality of the phone. Quality control is carried out according to the rules set out in, in which you will find more detailed information.

• The period for quality control is 10 days from the date of submission of the request.
• Quality control is carried out at the expense of the seller (other authorized person).
• The consumer has the right to participate in checking the quality of the phone.

Free consultation with a lawyer on returning goods!

Legislation is rapidly becoming outdated, and each situation is individual. Save your time and money - call the numbers below, or contact the online consultant in the lower right corner.↘️

It's fast and effective! 👇👇👇Around the clock and free!

IMPORTANT! A free consultation does not oblige you to anything!

If the seller (authorized person) does not want to carry out a quality check, you should proceed to Step 3.

Step 3 | Phone examination

If the seller (authorized person) believes that the consumer is the cause of the phone's defects, the consumer is obliged to conduct an examination of the phone in order to establish that the phone's defects arose before its transfer to the consumer or for reasons that arose before that moment | .

Mobile is an integral part of every person’s life. One might even say that without this apparatus people exist as if without hands. Modern phones combine many functions, from a simple communication device to a full-fledged personal computer.

Many stores provide situations when you can hand over your cell phone. In this case, the discount applies to the entire service, but this policy depends on the period in which the mobile phone was purchased, as well as on the store itself.

Is it possible to exchange a new phone for another in a store?

There are definitely only two situations when you need to exchange your smartphone for another:

• You can exchange your phone for a new one if it turns out to be defective;
• replacement may occur if the purchased device is not liked during use - there is no Internet, the wrong size or color;
• The mobile phone or tablet may be of poor quality. This problem often occurs with products manufactured by market giants: Apple and iPhone. The gadget can be returned or exchanged with an additional payment.

You can exchange a new, just purchased gadget for another one in the store where the purchase was made. Sometimes large chain hardware stores offer promotions related to the exchange of old gadgets for new ones, for example, Eldorado stores. New device of good quality can be exchanged within two weeks(14 days), excluding the day of its immediate purchase.

The store can put forward its own conditions, but the main provisions under which a replacement can be made are:

• poor equipment;
• appearance - size, shape and even color;
• has not been used.

It often happens that a mobile phone or tablet is purchased as a gift, or there is not enough time in the store to evaluate the purchase. In such cases, the device can be exchanged for another with an additional payment.

The consumer can expect to exchange the gadget for exactly the same one, or get a refund. It is very important for the procedure that the receipt, factory packaging and film are preserved.

In order to exchange a purchase, you must have a package of documents with you: passport and receipt for the goods.

How to exchange a phone with a surcharge for a new one?

You can exchange a gadget for a similar one, but one that has differences in brand or model, only if you reimburse the difference in cost.

An additional payment is made by the buyer if the cost of the old device is lower than the new one. The opposite situation occurs if the cost of the old cellular device is higher than the new one - the difference is paid by the store.

The cost of the replacement product is determined immediately at the time of exchange.

Required package of documents:

• warranty card;
• receipt (if preserved);
• passport.

How to exchange a phone for a new one under warranty

You can exchange the device under warranty during the entire warranty period. However, it is not uncommon for the warranty to be unspecified at the time of purchase, so an additional period of 2 years has been introduced for exchange.

The buyer has the right to expect a complete replacement of equipment and compensation for losses.

What to do if the new phone is not working?

A common question that arises among consumers: I bought a new phone, but it’s faulty, can I replace it? Of course, you can change it. And regardless of whether the purchase was in a chain store or was purchased in an online store.

It is even easier to exchange a device purchased online than when purchasing offline - the buyer did not see the gadget at the time of purchase. A faulty device is classified as a low-quality product, so the seller is obliged to accept it, even if he refuses to exchange it. This is stated in the law on the protection of consumer rights.

Actions to be performed for the exchange procedure:

• Checking the quality of the device. The consumer must be present during the verification procedure;
• The examination of a faulty phone is carried out at the expense of the seller;
• The phone is replaced if it is faulty due to the fault of the seller;
• A written claim is made to the name of the seller or manufacturer in case of refusal to comply with the buyer’s requirements for a replacement;
• The most difficult step will be going to court, but it usually doesn’t come to that. An appeal occurs only if a written complaint is ignored.

Is it possible to exchange an old phone for a new one?

It is possible to exchange your old phone for a new one. Moreover, many chain stores hold similar promotions that provide an additional discount.

You can replace an old gadget with a new one if the following conditions are met:

• the device is working, not encrypted;
• the device is not a counterfeit product;
• no mechanical damage (scratches, broken corners, loose connectors, etc.);
• complete set - USB cable, especially for Apple equipment,
• charger, factory box and technical data sheet of the device;
• Headphones available.

You must have a passport proving your identity and Taxpayer Identification Number (TIN) to exchange your old phone for a new one.

(7 ratings, average: 4,57 out of 5)

Read more

Sometimes, after purchasing a technology product for everyday use in their home or as a gift, the buyer decides to return the product back to the store. Usually the item is returned due to damage. But can this be done without compelling reasons? Such reasons include: Inconsistency with the interior design; Color differences; Unnecessity of electrical equipment; Technological complexity...

The PZPP regulates the procedure for returning a technically complex product to an electrical store, while providing legal protection to the buyer. Sellers and buyers are subject to its rules equally. 1 How long can you legally return a TV to a store? 1.1 For what reason can you return a TV to a store? 1.2 How to return a TV to a store under warranty? 2 Is it possible to return...

A person makes various purchases every day, some of them are not made thoughtfully, and sometimes there is not enough time or it is not possible to try on the item or examine the product in more detail. Upon closer examination or during initial operation, some properties of the product may be revealed that indicate the impossibility of its use. 1 Rules for returning goods to the store...

In the modern world, there are many advanced technologies that allow a person to enjoy the benefits of innovation. Everything is created with the goal of delivering convenience. Online stores are no exception. One of these is the well-known Aliexpress website, which is one of the most popular for selling goods in the world. But even such a well-known online store...

Buying a mobile phone often involves significant costs, especially when purchasing a flagship smartphone model. 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 the “wireless communication equipment with a touch screen and more than two functions” listed in paragraph six. 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. Below you need to note that you are attaching a copy of the cash receipt with a serial number to the application, 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, it is also not easy to find complete data about a specific model. You can take advantage of this situation when you purchased a phone based on 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 a cell phone to the store 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 is a good reason to return the phone and get your money.

When returning a product, you are also obliged to provide it without traces of use and in full factory configuration. 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, high-resolution images, etc.), 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 process of returning mobile devices, the same scenario is often encountered - people tell how they managed to deceive the seller to some extent and leave the store, returning the money spent.

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 be defective or defective of any nature.

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 point in the law 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), it is not easy to prove the case. 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 all the necessary documents, receipts, product box to the store, make sure that all the components (headphones, charger, etc.) are still inside the package. 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!