Is it possible to return a smart watch?

How to return a smart watch within 14 days.

The claim procedure for resolving a dispute is extremely important, since if you immediately file a lawsuit without a claim, the judge will not accept your application and will refuse the claim, since the pre-trial procedure for resolving the dispute has not been followed. Write your claim in 2 copies. In your complaint, indicate to whom (name of the store) and from whom (indicate your details, full name, address, telephone). Below, describe in detail the current situation, when you bought the product, where, what document confirms this, what happened to the product and why you consider it to be of poor quality, on what basis you are obliged to exchange it and return the money, and this is paragraph 1 of Article 18 of the Law on the protection of consumer rights”, then describe your requirements, and this is a refund of the amount of money paid for a low-quality product. Put the date and your signature.

How to return a smart watch within 14 days

Come to the seller and give him both copies of the claim, on one of the copies the seller must put a mark on acceptance of the claim and give the copy with the mark to you, be sure to make sure that your copy of the claim has a date and, of course, a mark on the store’s acceptance. From the date of filing the claim, we wait 10 days and if within this time there is no response to your claim, then you can safely prepare a statement of claim and sue the seller.

It may happen that the seller refuses to accept your claim personally, in which case we send the claim by registered mail with a list of the contents and a receipt.

Can smartwatches be returned or exchanged?

How to return a smart watch within 14 days If the watch is considered unrepairable due to a factory defect that cannot be eliminated, then the buyer must contact the store with this conclusion from the repairmen and demand an exchange or return. If the seller continues to insist on his position and refuses the client, then he needs to contact senior management with a second complaint.

If the store still refuses the buyer’s claim or violates the deadlines allowed by law for a response, then the buyer must contact higher authorities to resolve the issue.

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Consumer rights Protection
Hello, Now I will state the essence of my problem.

Returning a smart watch for no reason

At the same time, the purchase: Nevertheless, the law distinguishes between products, dividing them into high-quality and defective ones. The conditions for returning watches should be considered in these two categories. You know that the Law “On the Protection of Consumer Rights” establishes a period of 14 days when you can exchange and return watches if they do not suit you. “Didn’t fit” means:

if you didn’t like the color;
do not match your size.
don't like the shape;

However, additional regulations state that some types of watches belong to special categories: You can return a watch to a store for a full refund of your purchase only when the seller does not have any suitable alternative for you.

On the topic "" we have collected examples of documents that may interest you. In this case, the law takes the side of the seller, preventing him from suffering unnecessary losses.

Solving problems when using children's smart watches Smart Baby Watch

This can be done using , which are sent as a text message from a smartphone to the card number in baby watch.

Negative balance on the card, which prevents the watch from using mobile Internet.
There may be problems with the Internet itself: the connection is lost, there is no coverage, etc.
In a rare case, the error “No network equipment” (Not on the network) may occur when the IMEI and device ID do not match the numbers that were entered during registration from the stickers on the box or the back of the accessory. We can also.

It is not recommended to change IMEI yourself!

No GPS signal. Based on the information in the SMS with the parameters, you can notice that the watch does not have a GPS connection (GPS:NO(0)).

How to return a smart watch within 14 days

From the date of filing the claim, we wait 10 days and if within this time there is no response to your claim, then you can safely prepare a statement of claim and sue the seller.

If the seller continues to insist on his position and refuses the client, then he needs to contact senior management with a repeated complaint.

If the store still refuses the buyer’s claim or violates the deadlines allowed by law for a response, then the buyer must contact higher authorities to resolve the issue.

If you are not satisfied with the smart watch when returning it, what consumer law should you use?

And in cases where it is necessary to defend your own rights, first consult with specialists. The best lawyers in your city are collected here: Can wristwatches of poor quality be returned?

The period for crediting funds to the Client’s current account depends on the internal regulations of the receiving bank. Privacy Policy Our online store respects the rights of the client.

Strict confidentiality is maintained when placing an order. Information is securely stored and protected from transmission.

Consent to the processing of client data solely for the purpose of providing services is by placing an order on the website.

Android Wear: the most common problems and their solutions

This option can be called an emergency way to troubleshoot Android Wear watches.

So, in order to reset the clock, follow the instructions:

Swipe from right to left (horizontal swipe) until you see the Settings icon. Click on it.
Swipe from top to bottom (vertical swipe).
Scroll through the settings menu until you find the Reset Device option and select it to perform the reset.
Touch the touch screen to wake the watch from sleep mode.

After resetting the watch to factory settings, you will need to pair the gadget with your smartphone again.

So here are the instructions:

Once you turn on the Bluetooth function on your smartphone, you will see a list of nearby devices.

How to return a smart watch to a store

[/attention] Usually the seller hopes that you will not go to court and the matter will not go beyond an oral conversation, but when he receives a claim, he understands that the case will be lost and usually fulfills your demands.

What is the procedure for returning the product in question if it is found to be defective?
Is a category of goods such as watches subject to return according to current legislation?
How can I return a watch whose quality matches the stated quality back to the seller within 14 days from the date of purchase?

Is a category of goods such as watches subject to return according to current legislation? The Federal Law “On the Protection of Consumer Rights” allows the buyer to return the product back to the store within fourteen days after purchase if it is not satisfied with the shape, size, dimensions, configuration, color, style or other characteristics.

Are Samsung smart watches a technically complex product that is not covered by the possibility of returning the product of good quality by the buyer within 14 days?

In practice, such watches will be classified as such.

You can dispute this, but in reality it is futile. Best regards, Nazarov Kirill. November 26, 2014, 08:32 0 0 14846 replies 5313 reviews Chat LLC "UA Digest",

St. Petersburg Hello, yes, the specified type of product is technically complex. November 26, 2014, 08:32 0 0 10661 replies 3551 reviews Chat Free assessment of your situation Alexey Sachenkov Lawyer, Moscow Free assessment of your situation

Sergey Good afternoon Sergey!

Decree of the Government of the Russian Federation dated January 19, 1998 N 55 established a list of goods that are not subject to

Can smartwatches be returned or exchanged?

This product truly belongs to the category of technically complex products.

Return or exchange within 14 days of technically complex goods of proper quality is not possible (Article 25 of the Law of the Russian Federation “On the Protection of Consumer Rights”) Article 25.

The consumer’s right to exchange goods of proper quality (RF Law “On the Protection of Consumer Rights”)1.

The consumer has the right to exchange a non-food product of proper quality for a similar product from the seller from whom this product was purchased, if the specified product does not fit in shape, dimensions, style, color, size or configuration.

The consumer has the right to exchange a non-food product of proper quality within fourteen days, not counting the day of its purchase. The exchange of a non-food product of proper quality is carried out if the specified product has not been used, its presentation, consumer properties, seals, factory labels,

Guarantees

Exchanges and returns of goods are made within 14 days from the date of purchase.

Returns and exchanges of goods of good quality are made within 14 days from the date of receipt of the order, provided that its presentation, consumer properties have not been damaged, and there is a document confirming the fact and conditions of purchase (according to clause 4 of article 26.1 of the Law of the Russian Federation on the Protection of consumer rights).

Please note that the consumer’s absence of a document confirming the fact and conditions of purchasing the goods in our online store does not deprive him of the opportunity to refer to other evidence of purchasing the goods from us in the online store “smartpresent.ru”. Products purchased from other companies are not accepted for return. They confirm us as official distributors of smart watches in Russia.

All products are genuine. We will confirm with manufacturer certificates.

Can watches be returned or exchanged?

Having returned home after the purchase and having tried the watch better, I realized that it was not suitable for me. The next day, January 8, 2016, I went to the store to return the watch (the watch remained in the form in which I purchased it, all the equipment and packaging), To which the store employees refused me, arguing that this is a technically complex product and cannot be returned or exchanged. But not everything is so simple, there is Decree of the Government of the Russian Federation dated January 19, 1998 N 55, which contains a list of non-food products of proper quality that cannot be returned or exchanged for a similar product of a different size, shape, dimension, style, color or configuration.

This document contains a list of goods that you cannot return to the seller if they are of proper quality, that is, without defects. Wristwatches of poor quality, regardless of their model or design, are required by law to be returned. Moreover, this must be done within two weeks (the day of purchase of the chronometer is not taken into account when 20). What specific rights does the consumer have in this case? They are standard and are as follows:

The buyer can return the watch and demand a refund of the money paid for it;
If the buyer has already repaired the chronometer, he has the right to demand that the cost of repairs be reimbursed to him;
The consumer may also require that the seller provide repairs to the chronometer at his own expense;
A defective model can be replaced with a similar serviceable product.

You can also exchange your watch for another model, and its value will be recalculated.

Exchange and return of watches - rules according to the law

In the modern world, a watch, especially one made from precious materials, is no longer just a device that shows the correct time, but a status item that emphasizes the style and taste of its owner.

What to do if the purchased chronometer suddenly stopped showing the time correctly or simply stopped liking it? Is it possible to return it back to the seller? To answer these questions, it is necessary to take a closer look at the current legislation aimed at protecting consumer rights.

Can wristwatches of poor quality be returned?

Wristwatches of poor quality, regardless of their model or design, are required by law to be returned. Moreover, this must be done within two weeks (the day of purchase of the chronometer is not taken into account when 20). What specific rights does the consumer have in this case? They are standard and are as follows:

The buyer can return the watch and demand a refund of the money paid for it;
If the buyer has already repaired the chronometer, he has the right to demand that the cost of repairs be reimbursed to him. And if the warranty period has not expired, then, according to the law on the protection of consumer rights (details in the article), the buyer has the right to carry out repairs at the expense of the seller;
The consumer may also require that the seller provide repairs to the chronometer at his own expense;
A defective model can be replaced with a similar serviceable product.

You can also exchange your watch for another model, and its value will be recalculated.

Conditions for returning watches according to Russian law

In accordance with domestic legislation, (such devices are technically complex goods) cannot be exchanged or returned You cannot return or exchange watches decorated with precious stones and metals , since such products belong to the category of “decorative jewelry with inserts of expensive metals or precious stones.”

In the first two weeks after purchase, the consumer has the right to return a chronometer with a mechanical or quartz movement. Moreover, this can be done even if you simply don’t like the product. The main thing is to keep the sales receipt for payment until this moment. The product itself should not lose its presentation, and its packaging should also be preserved.

Return of watches under warranty

If, when purchasing a chronometer, a manufacturer’s warranty was issued for it, then the product can be returned to the seller for repair, but only on the condition that the detected breakdown was not the fault of the buyer, but the fault of the manufacturer, who allowed the product to be defective. In other words, the store will agree to accept a faulty chronometer if the consumer proves that he used it in accordance with the attached instructions. The buyer may have to prove that he was not involved in the breakdown.

If it was not possible to reach a compromise with the store, you will have to schedule an examination. It is also worth remembering that the warranty only applies to the watch movement, and not to the strap or bracelet. In order for the product to be accepted, a competent claim must be made.

Can watches be returned within 14 days?

After two weeks of use, you can return the chronometer to the store, but this procedure will be quite complicated due to the special technical characteristics of the product. Despite the difficulties, such a product can still be exchanged for a similar one or demand money if:

The watch cannot be repaired, and the manufacturer is to blame for the breakdown;
If the chronometer has already been under warranty repair once, and the restoration procedure lasted at least 45 days;
If repairing a faulty model will take too long or will be very expensive;
If the watch has already been repaired more than once, and the total number of such days is exactly a month within one year.

Any of the above reasons is enough to contact the seller.

Returning watches under consumer protection law

According to this provision of the law, only a chronometer with a quartz or mechanical device that is not decorated with precious stones and metals can be returned or exchanged.

All other products are classified as technically complex goods and are subject to appropriate regulations.

That is, they are subject to return and exchange only under warranty if a malfunction is detected.

Claim for return of watches of inadequate quality

Since the government of the Russian Federation has classified chronometers as goods with complex technical characteristics, when they are returned, a corresponding claim is made. It is standard for all products of this category without exception. The document itself must be filled out, indicating important nuances.

claims

If you have questions, consult a lawyer. You can ask your question in the form below, in the online consultant window at the bottom right of the screen, or call the numbers (24 hours a day, 7 days a week): ( 9 3.67 out of 5) Loading…

How to reboot or turn off your Smart baby watch?

There are three options for rebooting your Smart baby watch.

1. Option: Go to the section and perform a shutdown: Settings – Remote shutdown.

After this, the clock turns itself off.

To turn it on, press the watch's power button.

This is a reboot

Option 2: Send an SMS command from the parent phone to the SIM card number in the watch with the following text: pw,123456,reset , after which the watch will reboot itself.

Or send the command pw,123456,poweroff#

3. Remove the SIM card from the watch, turn it off with the power button or SOS and reinsert the SIM card.

Without mobile Internet, the watch turns off with the power button.

If you have a SIM card with mobile Internet, the watch does not turn off.

About company

Before you receive your watch, our specialists will check it for performance using more than 5 criteria. Only high-quality goods end up in the hands of our customers!

Technical support. Each customer receives 1 year of free service for the Smart baby watch. All watches are always in stock. All models are always available in our warehouse. You don't have to wait for your order.

We will deliver it the next day after ordering. Help with setup. Our specialists will help you set up any watch model completely free of charge. We are often contacted by deceived clients who bought a cheap analogue, such watches have a pungent chemical smell, they CANNOT BE WEARED ON A CHILD'S HANDS!

The watch is of very poor quality with cracks in the seams, where moisture will most likely get in very quickly and it will stop working. There is a possibility of purchasing non-Russian watches, i.e.

Discussions

All smart watches purchased in our online store are covered by a 6-month warranty.

ATTENTION! We do not exchange goods purchased in our online store that we simply did not like (a rare case, but still), in accordance with Government Decree No. 55 and Article 25 of the Law on the Protection of Consumer Rights.

For this reason, we ask you to decide on the product in advance.

2) Refund the money for the product*.

*The refund amount does not include the cost of delivery of the goods to your city, as well as the cash on delivery commission charged by Russian Post upon receipt.

The warranty does not apply to product components (charger, batteries, USB cords, etc.)

The following are not subject to warranty service:

goods with mechanical damage;

goods that have missing or damaged factory serial numbers, stickers or seals; suffered damage resulting from force majeure, natural disasters or fires, as well as acts of force majeure;

goods with traces of opening or unauthorized access (repair);

goods with defects resulting from improper operating conditions (poor quality power supply, short circuit, overloads, presence of mechanical, thermal and electrical damage, jammed contacts, cracks, chips, traces of impacts, complete or partial change in the shape of the product, etc.) ;

goods and their parts that have a limited service life (natural resource and wear).

We wish you pleasant shopping and may the purchased goods in our online store bring you only joy.

How to return a smart watch within 14 days

How to return a smart watch within 14 days I want to return a smart watch to the store - it doesn’t fit the functionality - fourteen days have not passed - is it possible? question number No. 5793804 read 1068 times Urgent legal consultation8 free

reviews: 1,095 Vyacheslav, this is a technically complex product and it can be exchanged only within 15 days from the date of purchase and only if it is of poor quality (Article 18 of the Law on Consumer Protection). So you can return this watch only if it is of poor quality within 15 days.

How to return a smartwatch within 14 days Such documents may include:

Receipt of payment.
Instructions for use.
Technical certificate.
Other documents confirming the fact of the purchase.
A person who can verify the purchase.

How to return a smartwatch within 14 days

Attention You can exchange the product within 14 days from the date of purchase. Please note that for an exchange, and not for a return, you cannot simply come with a product of proper quality and demand money back; according to the law, you can exchange it for a similar one, but if the seller did not have a similar product at the time of making demands, then In such a situation, you can demand a refund. In this case, the buyer may demand not only an exchange of goods, but also a refund. A sample claim for the return of goods of inadequate quality can be downloaded here. If the buyer is faced with a warranty repair that did not bring the desired results, and the breakdown occurs again, the buyer can demand a refund from the seller without further repair work. If the seller refuses to return the money spent, then the buyer must file a claim. How to return a smart watch within 14 days The structure of the document should reflect the following information:

Name of the trading company or personal data of the seller;
Information about you with contact information;
Indicate the reasons for filing the complaint;
Reasoned description of your requirements;
For greater effect, you can make a link to a specific article of the Law on the Protection of Consumer Rights;
If you have evidence confirming your case, add it to your appeal;
Secure your claim with a date and signature.
Such a document should be drawn up in two versions - for yourself and for the seller of the goods.

claims for the return of a wristwatch In order to exercise your right to return a previously purchased item of trade, you must act on the basis of the provisions of the Consumer Rights Protection Law.

Returning smart watches to the store (low-quality, high-quality).

In this article I want to tell you about the possibility of returning or replacing a smart watch. I’ll say right away that with watches everything is not as simple as it might seem and I want to dwell on the issue in great detail and consider with you 2 situations in which the smart watch will be of poor quality, that is, defective, and I’ll tell you whether it is possible to return or exchange the smart watch in this situation , when they are of proper quality, that is, they have no flaws.

Is it possible to return a smart watch of poor quality?

I will say right away that smart watches are a technically complex product. In support of this, I refer to the Decree of the Government of the Russian Federation dated November 10, 2011 N 924, which contains a list of technically complex goods; paragraph 13 of this list states “Wristwatches and pocket watches, mechanical, electronic-mechanical and electronic, with two or more functions.”

I note that this list is applicable to low-quality technically complex goods, because all disputes regarding goods of inadequate quality are resolved within the framework of Article 18 of the “Law on the Protection of Consumer Rights,” which specifies all consumer rights when defects are discovered in a product. That is, the decision on whether a product is technically of poor quality or not is made only after the product is assigned to a specific category based on the list from the Decree of the Government of the Russian Federation of November 10, 2011 N 924.

As we have decided, smart watches are a technically complex product.

Based on paragraph 1 of Article 18 of the “Law on the Protection of Consumer Rights” and in relation to technically complex goods on the basis of paragraph 8, paragraph 1 of Article 18 of the “Law on the Protection of Consumer Rights”, if the consumer discovers deficiencies in relation to a technically complex product, the consumer has the following rights :

Before the expiration of 15 days from the date of purchase of the smart watch, the consumer can return it to the seller and demand a full refund of the amount paid if he finds any defects in it. Also in this situation, the consumer has every right to exchange the watch for a similar product of another manufacturer and model with recalculation of the purchase price;
After 15 days from the date of purchase, the consumer has the right to return the smart watch only in the following cases: Discovery of a significant defect in the product; Violation of warranty repair terms; If the consumer does not have the opportunity to use the product during each year of the warranty period with a total of more than thirty days due to repeated elimination of various defects in the product.

If everything is clear with the first point, then let’s look at the second in detail, what does it all mean?

Significant defect of the product. This is a situation where repairing the product is simply not possible. When the cost of repair is too high and is almost equal to the cost of a new, exactly the same product or similar. Breakdowns happen repeatedly and are the same.

The second situation I talked about was a violation of the deadlines for eliminating the deficiency. Based on paragraph 1 of Article 20 of the “Law on the Protection of Consumer Rights”, in the case of sending a product for warranty repair, the terms for eliminating the defect are specified in the agreement between the client and the service center, in any case, even if the terms are agreed upon, they cannot exceed 45 days. That is, the service center cannot set a repair period of more than 45 days, and if the terms are not established, then the repair cannot last more than 45 days. If the repair deadlines specified in the agreement are violated or the 45-day period is violated without an agreement, then in such a situation the consumer has the right to demand a refund of the amount of money paid for the product in full exchange or exchange of the product for a similar one.

The third situation is when the product (the same smart watch) cannot be used during each year of the warranty period for a total of more than 30 days in each year. The situation is as follows, for example, the warranty for a watch is 2 years, in the first year of the warranty the watch was under warranty repair for a total of 35 days during the year, which is more than 30 days, and in the second year of the warranty the watch was under repair for 40 days. It turns out that for the first year there were 35 days and for the second year 40 days, which is more than 30 days for each year, the watch was under repair and in such a situation the consumer also has every right to demand a full refund or exchange the watch for a similar product.

Only in the situations listed above can a consumer return money for a technically complex product or exchange it for a similar one after 15 days from the date of purchase.

No longer a smart watch: VS told what to do after a software failure

In 2015-2016, Tatyana Shepeleva acquired several sports devices from Adidas: two smart watches and a charger for them, two fitness bracelets and a heart rate monitor. Some she bought herself, others were given to her. The receipts have not been preserved, but everything was purchased in the company stores of the German company. The devices functioned until the end of 2018, and then the company closed the platform on which they worked. After turning off the online service, smart watches, fitness bracelets and heart rate monitors stopped showing any data. That is, they turned on, but were useless.

Get money back for devices

Shepeleva filed a claim in court (case No. 2-3550/2019). Since Adidas LLC did not offer customers any way to resolve the problem, it did not recall the products, and its rights as a consumer were violated, since the devices cannot be used.

Software is part of the device, and if it is damaged, the product loses its properties and ceases to function, Shepeleva’s representative indicated in court.

The lack of software is a significant drawback, the consumer insisted. If 10 years have not passed since the date of purchase, you can return the money for the goods (according to Article 19 of the Law on the Protection of Consumer Rights “Time limits for the consumer to submit claims regarding product defects”).

Shepeleva calculated the approximate price of all devices - 47,000 rubles. She asked the court to recover from Adidas LLC not only the cost of goods, but also a penalty, a fine and compensation for moral damage - almost 362,000 rubles in total. Since there were no receipts left, Shepeleva could not give the exact dates and addresses where the goods were purchased. Only some boxes still have information about the seller.

Buyer versus: The Supreme Court summarized the practice on consumer disputes
October 15, 17:22
The court told when the car will remain with a bona fide buyer
September 9, 8:41

did not agree with the claims. She confirmed that all the gadgets were original, that is, they were definitely bought in an official store. But there are no specific articles in the Adidas LLC database, which means that the goods could have been purchased not in Russia, but abroad or from wholesale buyers. The defendant also did not agree that the lack of software is a significant drawback. The platform they were working on was actually shut down and moved to another one. The company noted that it will not return to the previous software. But the devices themselves remained intact. This was confirmed by the merchandising examination carried out in the case. According to the conclusion, gadgets have a common problem - software failure. If the company resumes operation of the platform, then the devices will begin to work as before, the expert pointed out.

Avtozavodsky District Court of Tolyatti turned to the norms of the same article. 19 of the Consumer Protection Act and interpreted it literally. The buyer needs to prove that the fault existed before he bought the product. But before rejecting the product, he must ask the manufacturer to correct the defect. If he does not do this, you can demand money. The first instance decided that the devices worked properly for several years, that is, the problems appeared after the purchase. But the plaintiff did not contact Adidas LLC and did not ask to resume the operation of the platform.

The court also pointed out one more thing: Shepeleva did not prove when, where and at what price she purchased the devices, since the receipts were not preserved. As a result, the first instance rejected the claim. The decision was strengthened by appeal and cassation. Then Shepeleva appealed to the Supreme Court (case No. 46-KG20-19-K6). The case was considered by a trio of judges chaired by Sergei Romanovsky. Only the representative of Adidas LLC, Daria Kovalenko, came to the meeting in the Supreme Court and explained that the society does not understand the origin of the goods. According to her, the company does not always require receipts, but it is important to understand at what price they were purchased: they can be purchased at a discount or, for example, won. Judge Romanovsky called for considering the consumer’s right more broadly – as the right to a quality item. It doesn’t matter whether he bought it himself, won it, or received it as a gift (see Is it possible to return money for an Adidas watch without a receipt, the Supreme Court decided).

Non-working software is a fatal flaw

What a quality product is, the Supreme Court explained in the motivational part. This is a product that can be used for its intended purpose (for which it was purchased) throughout its entire service life. The software that supports it must also work.

The shortcoming in Shepeleva’s case cannot be eliminated: the manufacturer abandoned one software and switched to another. This is confirmed by the defendant himself. That is, the Supreme Court decided, the deficiency is irreparable. The panel indicated that lower authorities should have determined the responsibility of the manufacturer by analogy with paragraph 6 of Art. 19 of the Law on Protection of Consumer Rights.

The court had to establish:

whether the opportunity to use the product has been lost for 10 years from the date of transfer to the consumer;
whether shortcomings arose during this period.

As the troika noted, the case did not need to establish whether the defect arose before the transfer of the goods to Shepeleva.

The Supreme Court also pointed out another mistake of the lower authorities. They also refused because it was not proven where and at what price the gadgets were purchased. Although the absence of a receipt is not a reason to refuse to satisfy the consumer’s demands (clause 5 of Article 18 of the law on the protection of consumer rights (“Consumer rights when defects are detected in a product”). Moreover, the defendant did not deny that it was Adidas that manufactured the devices. The board canceled the acts appeals and cassation and sent the case for a new trial to the Samara Regional Court.

Ksenia Stikhina from BA Bureau of Lawyers "De Jure" Bureau of Lawyers "De Jure" Federal rating. group Arbitration proceedings (medium and small disputes - mid market) group Dispute resolution in courts of general jurisdiction group Bankruptcy (including disputes) group Insurance law group Criminal law group Tax consulting and disputes (Tax disputes) group Family and inheritance law group Financial/Banking law Land Law/Commercial Real Estate/Construction group 12th place By number of lawyers 14th place By revenue 19th place By revenue per lawyer (more than 30 lawyers) The company profile believes that Shepeleva could not use the product for its intended purpose due to the fault of the manufacturer, since he switched to new software. The manufacturer did not ensure the use of the product during its service life, as prescribed by Art. 6 of the Law on the Protection of Consumer Rights, but, on the contrary, made its operation impossible. But, despite this, the literal interpretation of Art. 19 of the law on the protection of consumer rights did not allow protecting Shepeleva’s rights, since the abandonment of the old software occurred after the transfer of the goods.

Therefore, the main argument of the Supreme Court panel is pleasing: the consumer has the right to expect that the product will be used for the purposes for which it was purchased, says Galina Hamburg, head of the property and liability relations practice of the National Legal Service AMULEX National Legal Service AMULEX Federal rating. . Despite the absence of mechanical failure, non-working software makes the device virtually useless.

In accordance with the position of the Armed Forces, the quality of modern gadgets implies working software throughout the entire period of use.

Olga Turenko, lawyer Borodin and Partners Borodin and Partners Federal rating. group Dispute resolution in courts of general jurisdiction group Criminal law

Stikhina believes that the position of the Supreme Court will protect the rights of consumers in the future, since such situations are becoming more and more common. Moreover, the disputes are related not only to the transition to new software, but also to the cessation of support for updates, as a result of which old smartphones cease to function fully.

Anastasia Sinchenkova

Supreme Court of the Russian Federation

Terms of return and exchange of smart watches and possible difficulties with the seller

Based on paragraph 1 of Article 19 of the “Law on the Protection of Consumer Rights”, the consumer can make demands regarding the quality of the product during the entire warranty period for the product. If the warranty period is not established, the consumer has every right to make demands regarding the quality of the product within 2 years from the date of purchase.

If the warranty period for a product is less than 2 years, then in such a situation the consumer has the right to make claims regarding the quality of the product after the expiration of the warranty period, but within 2 years from the date of purchase if he proves that defects in the product arose before its transfer to the consumer, or for reasons that arose before this moment, that is, it is necessary to prove that the consumer is not to blame for the occurrence of defects, but the manufacturer, importer or seller is to blame for the lack of goods.

Well, you can return a technically complex product relatively without problems before the expiration of 15 days from the date of purchase. But in such a situation, most likely the seller will want to verify the quality of a technically complex product and, on the basis of paragraph 5 of Article 18 of the Law on the Protection of Consumer Rights, the seller has the right to initiate an examination. The purpose of the examination is to understand for what reasons the defects in the product arose and who is to blame for their occurrence.

If during the examination it turns out that the defects arose due to violations of the operating conditions by the consumer or the use of the watch for other purposes, then in such a situation the seller has the right to refuse the consumer his claims according to the law and the consumer must in this case pay the costs of the examination.

If during the examination it turns out that the defects arose due to the fault of the manufacturer (factory defect), importer or seller, then in this case the seller will be obliged to fulfill the consumer’s requirements and either return the money or replace the goods.

The consumer, on the basis of the same paragraph 5 of Article 18 of the Law on the Protection of Consumer Rights, has every right to be present at the examination and the consumer must state such a requirement in writing to the seller. Submit your requirements to the seller in 2 copies and demand that your copy be signed with initials, a seal (if any), as well as the date of acceptance. As soon as the seller has received your requirements, he will have to notify you of the place, date and time of the examination, where you can already arrive.

If you are not satisfied with the results of the examination, you can always challenge the results of the examination in court.

You can also challenge the refusal to fulfill your legal requirements in court, but first of all you should file a claim against the seller, in which you demand the fulfillment of your requirements, and if the seller ignores them or refuses, then in such a situation it is necessary to resolve the issue in court .

Is it possible to return a smart watch of proper quality?

I’ll say right away that you won’t be able to return or exchange a smart watch of proper quality, or you just need to negotiate with the store and if they meet you, you’ll have the opportunity to exchange it. The law does not provide for the possibility of exchanging or returning smart watches of proper quality.

Yes, based on Article 25 of the “Law on the Protection of Consumer Rights”, the consumer has the opportunity to exchange a product of proper quality for a similar one if the product does not suit him in size, shape, style, dimensions, color, but this does not apply to watches and here’s why .

Article 25 of the “Law on the Protection of Consumer Rights” contains a reference that the seller may refuse to exchange or return goods of good quality if the goods belong to the category of goods included in the “List of non-food goods of good quality that cannot be returned or exchanged for a similar one.” goods of other sizes, shapes, dimensions, styles, colors or configurations” approved by Decree of the Government of the Russian Federation of January 19, 1998 N 55.

Clause 11 of this list specifies “mechanical, electronic-mechanical and electronic wrist and pocket watches, with two or more functions).” Based on this, we come to the conclusion that a watch of proper quality cannot be returned; you will be refused according to the law, alas, but this is so.

If you have any questions, you can consult our consumer rights lawyer, he will answer any of your questions and help solve the problem, and the lawyers of the Legal Aid Center are always ready to provide qualified legal assistance.

Is it possible to return a smart watch?

Warranty and Returns

By purchasing a GPS Smart Baby Watch, you get reliability with a guarantee. All products presented on the site have been certified and are sold with an official seller’s guarantee, valid in Russia. The warranty period is 12 months.

If you do not like the product or you find a defect, you have the right to refuse payment and acceptance of the goods on the spot.

Please note that the seller reserves the right to change the delivery package. If you have any complaints about the completeness of the product, you can contact us at the number indicated on the website and we will provide you with the missing elements, if any are necessary for this type of product.

Before you start using the product, we recommend that you carefully read the operating instructions and warranty conditions - this will help you avoid misuse of the product and possible troubles associated with it.

During the warranty period, it is necessary to keep all documents that are attached to the product upon sale. The warranty card is located on the last page of the product instructions.

Exchange and return of goods of good quality

If you did not like the product, did not meet any specifications, or you simply changed your mind, within 7 days after purchase we will replace such product with a similar one or return the money, provided that you:

did not use the product (the presence of traces of use may be grounds for refusal to satisfy your requirements);
preserved the presentation of the product;
kept the packaging and completeness of the goods.

The product can be returned in two ways:

by courier, upon prior request by phone 8 (800) 350-60-71 or by email. The buyer pays the courier costs.
by mail. Postage is at your expense. It is also necessary to agree by phone or email

Exchange and return of goods of inadequate quality

The presence of external damage is grounds for refusal to return the goods (clause 21 of the Rules for the sale of goods by remote means).

Article 18 of the Law on Protection of Consumer Rights:

If defects are discovered within the first fifteen days from the date of transfer of the goods to the consumer, the consumer has the right to refuse to fulfill the sales contract and demand a refund for it or make a demand for replacement with a product of the same or another brand (model, article) with appropriate recalculation purchase price.

The request for replacement must be satisfied within seven days from the date of its presentation, and if additional quality control is necessary, within twenty days.

The request for a refund must be satisfied within ten days.

If defects in the product are discovered after the expiration of the fifteen-day period, then the consumer has the right to claim only for warranty repair of the product or for a proportionate reduction in its price.

After this period, requests for return/replacement are subject to satisfaction in one of the following cases:

detection of a significant defect in the product;

violation of the deadlines established by this Law for eliminating product defects;

the impossibility of using the product during each year of the warranty period in total for more than thirty days due to repeated elimination of its various deficiencies.

The repair period should not exceed 45 days.

A significant defect of a product is an irreparable defect or defect that cannot be eliminated without disproportionate costs or time, or is detected repeatedly, or appears again after its elimination, or other similar defects.

Exchange, return or repair of goods is carried out at our expense throughout the entire warranty period of service. Please contact us in advance by phone 8 (800) 350-60-71 or by email [email protected]

Product warranty service

If a defect appears in the product during the warranty period, you can contact the manufacturer’s service center - where the manufacturing defect will be eliminated free of charge and as soon as possible. To do this you need to prepare:

defective product,
check,
warranty card.

Please note that free warranty service does not apply to the product in the following cases:

violation by the consumer of the rules of operation, storage or transportation of goods specified in the accompanying operational documents (instructions);
violation of protective seals on the goods;
unauthorized repairs;
deviations from the norms of power supply, telecommunications and cable networks;
improper installation and connection of the product.

You can replace or return a defective product within 15 days after purchase.

After 15 days, you can return or replace such a product if a significant defect is found in it, as well as in other cases established by the Federal Law “On the Protection of Consumer Rights”. In some cases, a product quality check is required to replace or return a product. You can return low-quality goods to our address, by prior agreement.

The warranty is extended for the duration of the repair.

Please keep the certificate of work performed after warranty repairs. It shows the dates of your call and is proof of your extended warranty.

Terms of repair, replacement, refund

The maximum repair period is 45 days.

The repair period depends on the malfunction, the complexity of the repair and the delivery time of spare parts. It is possible to determine the exact completion date of the work only after diagnostics at the manufacturer’s service center.

The maximum period for replacing goods is 20 days.

In exceptional cases, it can be extended to 30 if the seller, for objective reasons, does not have a replacement product in stock.

To return a product purchased from us, you must contact customer support by phone and send the following documents by email:

Scan of the application for return of goods (in free form).
Scan of documents confirming the fact of purchase (sales or cash receipt from an online store or from a delivery service).
A scan of the service center report, if you contacted the service center for warranty repairs.

The maximum refund period is 10 days, you can receive them:

cash;
by bank transfer, according to the details specified in the return application (the account must be opened in your name);

*The interbank transfer procedure may take up to 7 calendar days. The period for crediting funds to the Client’s current account depends on the internal regulations of the receiving bank.

Is it possible to return a smart watch to the store?

4 tbsp. 26-1 of the Law of the Russian Federation dated 02/07/1992 N 2300-1 (as amended on 07/13/2015) are not subject to. Who is there? Government Decree No. 471 of May 27, 2016

wrist and pocket watches, with two or more functions, are included in the Decree of the Government of the Russian Federation of January 19, 1998 No. 55

“On approval of the Rules for the sale of certain types of goods, a list of durable goods that are not subject to the buyer’s requirement to provide him free of charge for the period of repair or replacement of a similar product, and a list of non-food products of proper quality that cannot be returned or exchanged for a similar product of a different size, shape, size, style, color or configuration"

, and also added clause 13 to the Decree of the Government of the Russian Federation of November 10, 2011.

No. 924 “On approval of the list of technically complex goods” (Collected Legislation of the Russian Federation, 2011, No. 46, Art.

Is it possible to return the watch?

According to current legislation, the buyer can exchange any product of good quality within 14 days, subject to three conditions:

The item did not match the color, size, or style.
There are no signs of use: the presentation is preserved, the buyer did not remove labels, tags, or seals from the product.
There are cash receipts, sales receipts, and other documents confirming the purchase in a specific store.

You can get money for a quality product only in one case - if you couldn’t find a suitable model.

An exception is complex technical products and goods, the list of which is approved by Government Decree No. 55. TO

According to paragraph 11 of the List of Non-Returnable Goods, you cannot refuse to purchase any type of watch: wrist, wall, electronic with two or more functions.

Returning watches under the Consumer Protection Law

It will be possible to return an accessory if:

An original and correctly drawn up coupon was provided.
The duration of warranty repairs exceeded the norm;
There is a serious breakdown;
The buyer repeatedly contacted the service for the same reason, but the fault did not disappear;
During the year, the client cannot use the product for more than thirty days in total;

You need to know that if the breakdown occurred due to the fault of the buyer, then by law the right of return does not apply. It is possible to return a wristwatch to the store within 14 days only if it is of poor quality and the imperfection is not the result of the buyer’s own activities.

Quality products cannot be returned during this period. You should also be aware that you must return a defective product within the warranty period.

"Smart watch

St. Petersburg Chat 6.

Navigation and wireless communications equipment for home use, including satellite communications, having a touch screen and having two or more functions are accordingly technically complex.

How to return a smart watch within 14 days

But not everything is so simple, there is Decree of the Government of the Russian Federation dated January 19, 1998 N 55, which contains a list of non-food products of proper quality that cannot be returned or exchanged for a similar product of a different size, shape, dimension, style, color or configuration.

Moreover, this must be done within two weeks (the day of purchase of the chronometer is not taken into account when 20).

What specific rights does the consumer have in this case? They are standard and are as follows: The buyer can return the watch and demand a refund of the money paid for it; If the buyer has already repaired the chronometer, he has the right to demand that the cost of repairs be reimbursed to him; The consumer may also require that the seller provide repairs to the chronometer at his own expense; A defective model can be replaced with a similar serviceable product.

Legislation

The rules for returning watches, like any other product, are determined by the Law “On the Protection of Consumer Rights” dated 02/07/1992 No. 2003-1.

Cases where a request to replace a defective device or an item with a defect must be compulsorily satisfied are considered in Art. 18 STD.

The law provides for the right of a citizen:

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replace with the same working product or an analogue;
get a discount;
demand repair of a faulty item;
hand over the products and receive the paid amount.

The situation becomes more complicated when the device works, but is not suitable in appearance or functionality. The algorithm of actions in such cases is regulated by Article 25 of the PPP: it establishes the buyer’s unconditional right to exchange non-food goods from the seller within two weeks.

By Government Decree No. 924 of November 10, 2011, some watch movements are classified as technically complex goods. This means that they are allowed to be returned due to manufacturing defects or breakdowns within 15 days.

Regarding the return and exchange of watches of good quality, different rules apply. In particular, Government Decree No. 55 of January 19, 1998 approved a list of suitable non-food products that are not subject to general rules.

NOTE: if there are no complaints about the quality of wrist and pocket watches with mechanical filling, electronic, electronic-mechanical devices, as well as “smart” devices with several functions, they cannot be exchanged or returned to the seller.

Can watches be returned or exchanged?

All other products are classified as technically complex goods and are subject to appropriate regulations. That is, they are subject to return and exchange only under warranty if a malfunction is detected. Since the government of the Russian Federation has classified chronometers as goods with complex technical characteristics, when they are returned, a corresponding claim is made.

It is standard for all products of this category without exception. The document itself must be filled out, indicating important nuances.

Return of Smartwatches

512 lawyers are now on the site Hello! Please tell me. I want to buy a Samsung Gear S smart watch. Yes, it has wireless communication and navigation technology, and a SIM card is inserted into it.

Then, referring to Article 25 (ZPP), it follows that this modification of the “Smart Watch” can be classified as a technically complex product.

Or am I wrong? Is it possible to return the product to the seller and take back your money (not exchange for another product, but take your money)?

And for how long? I heard somewhere that money can be returned within three days from the date of purchase, regardless of whether the product is technically complex or not.

Is it true? April 26, 2015, 16:48, question No. 819077 Denis, Mr.

Nyandoma Collapse Victoria Dymova Support employee Pravoved.ru Similar questions have already been considered, try looking here: to the site’s lawyers. Today, July 22, 2019, we answered 329 questions.

Average response time is 14 minutes. Lawyers' answers (1)

Lawyer, MoscowChat
9.4 rating

expert

Then, referring to Article 25 (ZPP), it follows that this modification of the “Smart Watch” can be classified as a technically complex product.

Or am I wrong? Denis YES, you are right, as a good quality product it cannot be exchanged!

Denis As a product of proper quality, no. As a product of poor quality - yes! Goods of good quality are subject to exchange only if there is no similar product!

And for how long? I heard somewhere that money can be returned within three days from the date of purchase, regardless of whether the product is technically complex or not. Is it true? Denis 3 days There is no consumer protection law. You have the right to exchange a product of proper quality within 14 days from the date of purchase if the product has not been used, its presentation, consumer properties, seals, factory labels are preserved and it is not included in the list of goods not subject to exchange.

And you can return it if the seller does not have a similar product! I hope that my answer was useful to you, if necessary, please contact me! Sincerely, A. Sayapin! April 27, 2015, 09:55 Was the lawyer’s answer helpful? + 0 — 0 Collapse

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If the watch was purchased online

Remote purchasing assumes that you cannot familiarize yourself with the characteristics of the product in as much detail as when choosing in a regular store. Therefore, this method of acquisition has its own return characteristics.

You can refuse the watch at any time before receiving it and within 7 days after receiving the parcel (Article 26.1 of the ZoPP).

In this case, the seller is obliged to include a reminder about the return rules in the box with the watch. If there is no written notification about the specifics of the refusal to purchase, the period during which you can return the product increases to 3 months.

The exception is watches that have individually defined properties. This means that you cannot refuse the purchase if you paid for a watch with engraving or other features that make the model unique (Clause 3, Part 4, Article 26.1 of the Law of the Russian Federation).

Another nuance that must be taken into account when buying watches online is that the return to the seller is carried out at your own expense, and the purchase price is returned minus shipping costs. Therefore, refusing a product may not be as profitable as it seems at first glance.

What to do if your smartwatch does not accept a return

All other products are classified as technically complex goods and are subject to appropriate regulations.

That is, they are subject to return and exchange only under warranty if a malfunction is detected.

That is, if the watch cost 20,000 rubles and the court ordered you to return this money, then an additional fine of 10,000 rubles will be collected from the seller in your favor. But this is approximately, usually the judges reduce the fine, but not too much.

Can I return my watch to the store?

In this case, the buyer may demand not only an exchange of goods, but also a refund.

If the buyer is faced with a warranty repair that did not bring the desired results, and the breakdown occurs again, the buyer can demand a refund from the seller without further repair work. If the seller refuses to return the money spent, then the buyer must file a claim.

How to return furniture to the store, Is it possible to return a kitchen set to the store, read the link: The claim is made in two copies.

Perhaps you have your own opinions on the topic “Is it possible to return a smart watch?” Write about it in the comments.

Return features depending on the type of watch

The List of technically complex goods includes mechanical, electronic-mechanical and electronic wrist and pocket watches, with two or more functions.
This means that the return policy also applies to:

wall;
smart watch.

Here you need to take into account that often when purchasing, sellers say that you have 14 days to check the quality of the product. This misleads many people; they think that in the first two weeks they can return the purchase, even if they simply changed their mind about using it. In fact, when you apply for a refund, you will hear that you do not have such a right and the consultant’s words about the time to check the quality only meant the possibility of a return only if there was a defect.