Many have encountered situations where it is necessary to return an iPhone, iPad or other devices to the store. However, not everyone knows their rights and responsibilities in these cases.
There can be many reasons for returning an item. For example, the device turned out to be faulty, broke during operation, or simply did not fit in color, size, or other characteristics. The latter is especially true in cases where gadgets are purchased as a gift. What can you do, the saying “don’t look a gift horse in the mouth” is not true for everyone.
However, before proceeding with the steps to return or exchange the device, you need to familiarize yourself with the list of regulatory legal acts governing this area.
- Civil Code of the Russian Federation;
- Law of the Russian Federation “On the Protection of Consumer Rights” dated 02/07/1992 No. 2300-1;
- Decree of the Government of the Russian Federation of January 19, 1998 No. 55;
- Decree of the Government of the Russian Federation of November 11, 2011 No. 924;
- Decree of the Government of the Russian Federation of September 27, 2007 N 612.
All cases in which it is necessary to return or exchange a product under warranty can be classified into 2 categories:
- return or exchange of a device of inadequate quality - a device with a defect;
- returning or exchanging a device of good quality - no problem, but the gadget is not suitable.
Return or exchange of a device of inadequate quality
Of course, a device of poor quality that is under warranty can simply be repaired, but we are interested in replacing the device.
Current Russian legislation does not directly define the concept of “goods of inadequate quality.” However, within the meaning of the Law of the Russian Federation “On the Protection of Consumer Rights” (hereinafter referred to as the “Protection of Consumer Rights”), it should be understood as a product that has defects . However, it may have simple shortcomings and significant shortcomings.
Defect of goods - non-compliance of goods either with mandatory requirements provided for by law or in the manner established by it, or with the terms of the contract (in their absence or incompleteness of the conditions usually presented to the requirements), or for the purposes for which goods of this kind are usually used, or for the purposes about which the seller ( the contractor) was informed by the consumer when concluding the contract, or the sample and (or) description when selling goods according to the sample and (or) description.
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.
Thus, if the device that you need to return or exchange has defects that can be attributed to any of the above, it falls under the definition of “poor quality goods.”
This is both good and bad. The positive thing is that in such cases it is much easier to return or exchange the device. However, of course, a broken or not working properly device is a bad thing.
What the law says
In accordance with Art. 18 of the PZPP, in relation to a technically complex product, the buyer, if defects are discovered in it, has the right to refuse to execute the sales contract - that is, to demand a refund of the amount paid. Another option is to exchange a device of poor quality for a similar one. These requirements can be presented within 15 days from the date of transfer of such goods to the consumer. At the same time, in Art. 18 of the Civil Code contains a link to a list of technically complex devices.
iPhone and iPad belong to technically complex goods, the list of which is approved by Decree of the Government of the Russian Federation of November 11, 2011 No. 924.
This is confirmed by paragraphs. 6-7 of the List of technically complex goods approved by the specified document: wireless communication equipment for household use, having a touch screen and having two or more functions - iPhone; desktop and portable computers, including laptops, and personal electronic computers – iPad.
After the expiration of the 15-day period, the buyer’s demands for the return or exchange of technically complex goods of inadequate quality must be satisfied in one of the following cases:
- discovery of a significant deficiency;
- violation of deadlines for eliminating deficiencies;
- impossibility of using the product during the warranty year for a total of more than 30 days, due to repeated elimination of its various deficiencies.
These rights can only be exercised if the poor quality of the goods was not specified by the seller upon purchase.
We've sorted out the legal framework - let's move on to the actions that need to be taken to return or exchange a device of inadequate quality.
Step 1 – check for warranty
The standard warranty period for products from Apple and other manufacturers is 1 year. The easiest way to check is to look at the date on the sales receipt and add the year to it.
You can also check whether your iPad or iPhone has a warranty by going to this address and entering the device’s IMEI in the appropriate field.
After entering the serial number, a page opens that displays all the information about the warranty for your device. For example, my iPhone 6 warranty ends on December 10, 2015.
Step 2 – decide where to file the claim
So, we have made sure that the device we want to return is under warranty, which means it is subject to return in cases specified by law. However, before preparing a claim, we need to decide where we will submit it.
Everything here is quite simple - the claim is submitted at the place where the goods were purchased , that is, directly to the store. Theoretically, you can contact the manufacturer or importer, and also if the reseller is a network - to any point of sale, however, as practice shows, a more loyal relationship (read more chances for an exchange or return) most often occurs in the store where the gadget was purchased .
In most large stores, such issues are dealt with by employees of the warranty departments, in smaller ones - by salespeople or managers.
Step 3 – prepare and submit a claim
First, you need to prepare the documents that were received upon purchase, namely a sales receipt and a warranty card (if available). As for the iPad or iPhone, most often only a sales receipt will be available.
Next, in a free form addressed to the director of the store where the device was purchased, we draw up a claim. By the way, it is not at all necessary to indicate the full name of the director; it is enough to limit yourself to the general wording “To the General Director...”.
There are also no special requirements for registration; it is enough to state the essence of the problem in as much detail as possible, and also indicate what exactly you want - to terminate the purchase and sale agreement with a return of the money paid or to exchange a device of inadequate quality (a sample can be viewed here).
In the text of the claim, among other things, it is advisable to include 2 points : the need for your participation in checking the quality of the product (examination); a proposal to resolve this situation out of court is a psychological moment that shows the seriousness of your intentions.
After the text is ready, it is necessary to generate 2 identical sets of documents - a claim, a sales receipt and a warranty card (if available). Both copies, along with the complete device (box, instructions, accessories) are sent to the store. One - the seller’s representatives keep it, and on the second they are required to put a receipt mark (with date) and a store seal. After this, the manager or seller must hand over this kit to you.
Important! Under no circumstances give original documents to the store. To make a decision on returning or exchanging goods, their copies are sufficient.
Deadlines for fulfilling the requirements specified in the complaint
In accordance with the Law of the Russian Federation, deadlines are established for satisfying the requirements specified in the complaint:
- termination of the contract and full refund of the amount paid – 10 days;
- replacement of the device with the same or similar one - 7 days (if quality control is necessary, up to 20 days, in the absence of goods - up to 1 month).
You should also remember that if the seller fails to comply with these requirements, you have the right to go to court and return or exchange the device of inadequate quality in court. However, in most cases, having a pre-trial claim is more than enough.
It is also worth noting that sellers are much more willing to exchange devices of poor quality than to return money. Therefore, to implement the latter, you will have to put in a little more effort - you may have to contact the store several times.
In this case, each subsequent claim must contain a link to the previous one, as well as information that by not fulfilling your legal requirements, the seller is breaking the law, for which he may be subject to appropriate punishment.
For the entire warranty period of the device, all documents received upon purchase, as well as the complete set of the product, must be retained.
✎ Who protects consumer rights
If you believe that your rights when purchasing a product or returning/exchanging it have been violated, you have the right to contact a special service that deals with consumer rights protection. Currently, the Federal Service for Supervision of Consumer Rights Protection and Human Welfare ( Rospotrebnadzor ) is protecting your rights.
In each city there are special representative offices of this service, working daily (except Sundays). In addition, you can also leave your application on the official website of the Service.
Exchange or return of a device of good quality
If your device does not have any shortcomings , then it is a product of good quality. The rules for its exchange or return are regulated by Art. 502 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code), as well as Art. 25 ZPPP.
So, in accordance with Art. 502 of the Civil Code, within 14 days the buyer has the right to exchange the purchased product for a similar one, but with different characteristics: dimensions, colors, equipment and others.
Unfortunately, there is also a limitation - a list of goods that cannot be exchanged or returned, approved by Decree of the Government of the Russian Federation of January 19, 1998 No. 55. In this document, technically complex goods are listed in one, fairly general paragraph.
As for the iPad, everything is more or less clear here - the type of gadget is not named in any way in the above list of technically complex devices, which allows you to exchange it without any problems, and if there are no similar devices, return it.
With the iPhone and other smartphones, everything is sad - most courts of various authorities classify such devices as technically complex devices indicated in the list. More precisely, even to the totality of two parts of the Government of the Russian Federation No. 55 - the list and clause 47 of the Rules for the sale of certain types of goods.
The latter refers to such a category of technically complex goods as “communications means” . This is what makes the exchange or return of iPhone and other smartphones of good quality almost impossible (from a legal point of view).
Requirements for a product of good quality, for which it is necessary to perform an exchange or return procedure:
- the product has not been used, its presentation, consumer properties, seals, factory labels have been preserved;
- the packaging and complete set of the device have been preserved;
- there is a sales receipt or other documents confirming payment.
Taking into account these circumstances, if it is necessary to exchange goods of good quality, the following actions can be taken.
Method 1 – trying to negotiate
In most cases, this method is only suitable for exchanging a gadget. To sell it, you need to contact the store where you purchased the product and explain the need for an exchange.
For example, you can say that the product was purchased as a gift, but did not match the memory capacity, color or other characteristics. It is no secret that market relations and competition have played a positive role in the quality of service, including the customer focus of stores. This is what you need to take advantage of .
While preparing this instruction, I called 10 different stores - from large well-known retailers to small online stores. In 9 of them they told me over the phone that they were ready to exchange the unsuitable iPhone and iPad for other models.
Most stores care about their reputation and want customers to return to them again. Therefore, they are ready to exchange unsuitable devices for others. Didn't guess the color or memory size? No problem - you can exchange it for something else, just ask politely.
Method 2 – write an application for exchange or return of goods
This method is more suitable for exchanging or returning iPads or other tablets, but it is also worth trying for smartphones. In this case, everything is similar to writing a claim for return/exchange of goods of inadequate quality.
The differences are that you are asking to exchange or return a device of proper quality, that is, one that does not have any defects . Also, 2 identical sets of documents are prepared, one of which the seller, having put the appropriate marks of receipt (signature, date, organization seal), hands over to you.
It is important to remember that in this case, by law, the seller is not obliged to exchange the iPhone or other smartphones. This can only happen by his own free will.
Method 3 – write a claim for the return of a device for which the seller did not provide complete or reliable information
In fact, this is a real way to exchange or return not only tablets, but also smartphones. In accordance with paragraph 2 of Art. 10 of the Law of the Russian Federation, the seller is obliged to provide complete reliable information about the product , including its consumer properties.
If such information was not provided or it was incorrect, the buyer, in accordance with paragraph 1 of Art. 12 of the Law “On Protection of Consumer Rights”, may require the return of the amount paid for the goods.
Thus, if you manage to prove that when choosing a device you were guided by the presence or absence of any specific characteristic, and when purchasing you were provided with inaccurate information about it, you will be able to return the gadget.
This method is especially relevant if the device is equipped with a manual in a foreign language or instructions with a brief content.
It is worth remembering that for this method it is highly desirable to have at least one witness who was present with you at the time of purchasing the product or consulting on it.
In order to use this method, you must submit a written complaint to the store. It must indicate that when choosing and purchasing a device you received incomplete information about it and on the basis of Art. 15 of the Law of the Russian Federation, you demand the return of the money paid, as well as compensation for moral damage. Also, be sure to indicate points with a proposal to resolve the situation out of court, as well as your right to go to court.
The claim can be sent to the store's address by registered mail with acknowledgment of receipt. In this case, the 10-day period begins from the moment the letter is delivered to the seller’s representatives.
complain to Rospotrebnadzor about leaving the complaint unanswered, as well as about poor quality services .
Returning goods of good quality purchased remotely
It is no secret that this is the method currently used by most consumers. However, in addition to the positive ones, it also contains at least one negative point - the lack of the opportunity to “touch the product live.” As strange as it may seem, this negative point, if it is necessary to return or exchange goods of good quality, plays into our hands.
The fact is that the sale of goods remotely, including via the Internet, is regulated by Art. 26.1 of the Law of the Russian Federation, as well as the relevant rules approved by Decree of the Government of the Russian Federation of September 27, 2007 N 612.
These regulatory documents state that the buyer has the right to refuse the goods at any time before its transfer, after transfer - within 7 days, and if information on the procedure and timing for returning goods of proper quality was not provided in writing to the moment of delivery of the goods - within 3 months from the date of transfer of the goods.
The last feature occurs if, at the time of delivery of the goods, you did not receive a document indicating the procedure and terms for returning the goods.
Of course, there is also a condition that the return of goods of proper quality is possible if its presentation, consumer properties, as well as a document confirming the fact and conditions of purchase are preserved.
The basic rule that applies to goods purchased in online stores is the right to refuse the purchase without giving reasons. Another important point is that when selling remotely, the List of goods that cannot be exchanged or returned does not apply .
The only limitation is that you cannot return goods of good quality made for individual use. For example, you could engrave an iPad - such a device cannot be returned.
Remember that when returning goods of proper quality, the seller draws up a return certificate signed by both parties. If at the time of drawing up the act the seller did not transfer the money, then he is obliged to do so within 10 days.
If the seller refuses to pick up the goods and return the money, a claim must be sent . The requirements for its preparation are similar to those discussed above.
✎ How to return the tablet to the seller?
In order to return a tablet or other equipment, you must prove that the defect was not your fault. Typically, stores themselves appoint an examination of the product, and they also pay for it. If it is proven that the defect arose through the fault of the supplier or manufacturer, the store itself bears the costs of the examination.
If it is proven that the defect occurred due to the fault of the person who purchased the product (improper use, mechanical damage), the store has the right to demand that you pay for the examination - voluntarily or through the court. If you doubt the decision of the examination is not in your favor, you can order an independent examination from another organization that has state certification.
If the tablet turns out to be fully functional, but you are not satisfied with it for some other reason, returning it is not so easy...
The best way to prove that you were sold the wrong product is to provide evidence that you wanted to buy a product with a certain set of consumer qualities, and the consultant incorrectly explained these technical and consumer qualities to you.
For example, if you needed a tablet with an alarm function (this is just an example!), the consultant assured you that such an option was available, but this model did not have it - you have the opportunity to prove that you did not want to buy this particular tablet. But in any case, it is quite difficult to prove such a fact and everything will depend on your evidence and on the decision of the store management.
Features when purchasing through an online store
The rules for returning goods to an online store are also regulated by Article 18 of the PZPP. If a product has any defects, the same rules apply to it as in a retail store.
The only difference is that according to Art. 26.1 Refusal of the goods is possible at any time before receipt and within 7 days after. In this case, the seller is obliged to return the transferred funds in case of prepayment.
Also on our website you can find many interesting and useful articles about the exchange and return of technically complex goods purchased in a store or online. Read in our materials how to return a multicooker, refrigerator, washing machine or TV, video card and processor, headphones and speakers, fan and air conditioner, as well as an iron and hair care products.
Where to complain if the store does not accept returns of the tablet
Not all sellers calmly accept consumer complaints.
Some do not want to accept documents, faulty goods, and ignore their complaints. But it happens that a claim is accepted for consideration, but there is no answer or any reaction to it for a long time.
How to get your money back for a tablet under warranty when unscrupulous traders are in no hurry to fulfill their obligations.
The PSA obliges not only to fulfill all reasonable demands of consumers, but also to do so in a timely manner. For late execution, a penalty is charged in the amount specified by the Law of the Russian Federation. Buyers can submit their complaint to Rospotrebnadzor, consumer rights protection departments, and the court.
Rospotrebnadozor accepts both written complaints and submitted appeals from dissatisfied citizens through the official website. Based on the results of their consideration, he can issue an order to the unscrupulous merchant and decide on the imposition of a fine. Consumer protection departments can also provide assistance to consumers.
Appeal to the courts is perceived by consumers as a more effective method of protection. To submit a dispute to the court, you need to prepare a claim, collect evidence, and justify your position. State duty is not paid for claims in this category.
○ Repairs after the warranty expires: who pays?
Of course, after the warranty expires, the buyer will bear the cost of repairs.
But there is an exception to this rule:
“If significant defects in a product are identified, the consumer has the right to present to the manufacturer (an authorized organization or an authorized individual entrepreneur, importer) a demand for the free elimination of such defects if he proves that they arose before the transfer of the product to the consumer or for reasons that arose before that moment” (clause 6 Article 19 of the Law).”
If the gadget has an expiration date, then filing a claim is allowed within this period. If the service period is not established, you can submit claims to the manufacturer for 10 years from the date of transfer of the device to the buyer. If the manufacturer fails to act within 20 days, the buyer has the right to demand the return of the device.
Return Policy
When returning a purchased electronic device to a store, the buyer must prepare the goods. Returning a phone or tablet is permitted subject to the following conditions:
- maintaining the presentation of the device;
- undamaged packaging integrity;
- availability of a warranty card and purchase receipt;
- safety of the complete set of the device.
All instructions, inserts, accessories included with your phone or tablet are eligible for return. Keeping the device in its original condition will make it easier to return it. Each buyer must take into account that if the requirement for the package is not met, the seller may refuse to return the device .
