Claim for return of a phone of inadequate quality

What can and cannot be returned

Almost any goods purchased at any retail outlets (including online stores) in proper quality are acceptable for return, with the exception of:

• food;
• medicines;
• personal hygiene items;
• other products mentioned in Decree of the Government of the Russian Federation No. 55 of January 19, 1998;
• products with complex technical parameters (with the exception of faulty ones), indicated in the Decree of the Government of the Russian Federation No. 924 of November 10, 2011.

Both documents are freely available, so if you have any doubts, you can easily consult them on the Internet.

It should be noted that, first of all, the law does not deal with the return of goods, but with the possibility of exchanging them.

Returns are provided in cases where a product similar to the purchased product is not available for sale or for some reason is not suitable for the client. However, the practice that has developed in trading companies is such that in most such situations they meet consumers halfway and, if they do not want to exchange the purchase, but ask for a refund, they do it without any problems.

On the pre-trial procedure for resolving disputes

Disputes under supply contracts must first go through the pre-trial procedure, that is, the recipient must send a claim to the supplier (letter of claim, letter of return of goods). If the supplier refuses the recipient's demands, the recipient, without first submitting a claim, will not be able to go to court. More precisely, the claim will not be accepted.

If it is necessary to file a claim in court, you will need to attach to the application a claim, a statement of defects in the goods or discrepancies in the characteristics of the goods, an expert opinion, etc. That is, all those documents that, along with the claim, the recipient of the goods sends to the supplier.

What gives you the right to return

Permission to return goods to ordinary citizens is provided by the Law “On the Protection of Consumer Rights” (Article 25) and the Civil Code of the Russian Federation (Article 502).

These regulations clearly state in what cases, what inventory items and in what order the buyer can return them to the seller. The possibility of exchanging a purchased product for the same one is also spelled out here if, for example, the item does not suit the style, shade, size, etc.

Attention! The money is returned from the same cash register where the purchase was made.

When can the recipient return the goods to the supplier?

The reasons for returning goods to the supplier may be the following (according to clause 1, clause 2 of Article 468 of the Civil Code of the Russian Federation, clause 1, clause 2 of Article 475 of the Civil Code of the Russian Federation):

1. The product does not meet the stated requirements.
2. Upon receipt of the product, it was discovered that it was defective.
3. The supplier hid significant defects in the product.
4. The range of goods is not the same as specified in the supply contract.

If the product has defects, then for a return it does not matter at what stage they appeared: during production, transportation, being in a warehouse, etc.

For your information! When returning the goods, the supplier must return to the buyer the prepayment and costs incurred by the buyer.

Requirements for goods accepted back

In order for the goods to be accepted back by the seller, the buyer must retain its unchanged appearance (external appearance), consumer properties, labels and stripes, seals, etc. by the day of return. In addition, it is advisable if he has payment documents in his hands confirming the fact of making a purchase from this particular seller or at this particular outlet (cash register or sales receipt).

At the same time, the absence of receipts, in accordance with the legislation of the Russian Federation, is not a basis for refusal to accept the returned goods.

The purchase and sale transaction can be confirmed by the words of the witnesses present at it (however, such a situation may require solving the problem of returning the goods in court).

But the boxes, crates and bags in which the purchase was enclosed do not have to be stored at all - the absence of packaging does not give permission to refuse to accept the goods for exchange or return.

When returning a purchased product, the buyer must have a passport with him - it is necessary for drawing up an application and identification as a citizen.

You should be prepared for the fact that money paid in cash can be returned either in cash or to a bank card (some sellers even ask what is the most convenient way to return funds). Payment made by bank transfer must be returned in exactly the same way.

Who writes the document

The complaint can be made either on behalf of an individual or on behalf of an organization. In the second case, this letter can be written by any employee of the company who is authorized to create such claims and has a sufficient level of knowledge, qualifications and familiar with the legislation of the Russian Federation. Typically, this function falls within the competence of a lawyer, the head of the structural unit that is directly related to the agreement between the parties, or the secretary. In any case, the document must be agreed upon with the head of the organization.

Features of drawing up an application

If you are unlucky and the product purchased in the store does not fit for some reason, we recommend that you create a form based on our sample.

To begin with, let us remind you that each person has the opportunity to write an application for the return of goods in any form, or, if the seller offers him his own document template to fill out, according to its form.

The main thing is to ensure that the form (top - right or left) contains some mandatory data:

• name of the store and name of the legal entity;
• the actual address of its location;
• position and full name of the manager (not required, but desirable);
• in the same way, enter information about the buyer (i.e., your personal information) into the form: last name, first name, patronymic (in full), series, passport number, date and place of issue, residential address, contact details: phone number and email mail.

Next in the middle of the line is the main part. It must indicate:

• date of purchase;
• product name, brand, mark, manufacturer and its other identifying characteristics;
• the cost at which it was purchased (enter all amounts in the document in numbers and in words);
• the reason why you want to return the product to the store;
• state that the item has not been used, is in salable condition, its consumer properties are not impaired, all tags, labels, seals, stripes are in place;
• certify that there is no similar product suitable for exchange in the store and write a request for a refund for the purchase;
• If you want the money to be returned to your bank card, you must indicate its details in the application.

In the application, you must provide a link to the federal law in accordance with which you are acting (Article 25 of the Law on Protection of Consumer Rights) and attach a cash receipt or sales receipt that serves as evidence of a previously completed purchase and sale transaction.

Sample claim for replacement of goods of inadequate quality

In this regard , it is recommended to submit a request for a refund in writing , which will be considered within 10 days, and to verbally agree on a replacement.

Name, address of the selling organization _______________________________________ Full name, address, contact telephone number of the consumer _______________________________________

CLAIM

“___”____200__ I purchased from you ________ (name, description of goods) worth _____ rubles, which is confirmed by ______ (sales receipt, cash receipt, receipt, invoice, other document). “___”____200_, during the operation of the product, the following shortcomings were discovered in it: _________ (description).

According to Art. 4 of the Law of the Russian Federation “On the Protection of Consumer Rights” the seller is obliged to transfer the goods, the quality of which corresponds to the contract. If there are no conditions in the contract regarding the quality of the goods, the seller is obliged to transfer to the consumer goods that meet the usual requirements and are suitable for the purposes for which goods of this kind are usually used. If the seller, when concluding the contract, was informed by the consumer about the specific purposes for purchasing the goods, the seller is obliged to transfer to the consumer the goods suitable for use in accordance with these purposes. When selling a product based on a sample and (or) description, the seller is obliged to transfer to the consumer a product that matches the sample and (or) description. In accordance with Art. 18 of the Law of the Russian Federation “On the Protection of Consumer Rights”, the consumer, in the event of detection of defects in the product, if they were not specified by the seller, at his own discretion has the right to: - demand replacement with a product of the same brand (same model and (or) article); - demand replacement with the same product of another brand (model, article) with a corresponding recalculation of the purchase price; -demand a proportionate reduction in the purchase price; - demand immediate free elimination of defects in the goods or reimbursement of costs for their correction by the consumer or a third party; -refuse to execute the sales contract and demand a refund of the amount paid for the goods. At the request of the seller and at his expense, the consumer must return the defective product. In this case, the consumer also has the right to demand full compensation for losses caused to him as a result of the sale of goods of inadequate quality. Losses are compensated within the time limits established by this Law to satisfy the relevant consumer requirements. The consumer’s absence of a cash or sales receipt or other document certifying the fact and conditions of purchase of the goods is not grounds for refusal to satisfy his requirements (Clause 5 of Article 18 of the Law). According to clause 5 of Article 18 of the Law of the Russian Federation “On the Protection of Consumer Rights,” the seller is obliged to accept goods of inadequate quality from the consumer and, if necessary, check the quality of the goods. The consumer has the right to participate in checking the quality of the product . In case of a dispute about the reasons for the occurrence of defects in the goods, the seller is obliged to conduct an examination of the goods at his own expense . The examination of goods is carried out within the time limits established by Articles 20, 21 and 22 of this Law to satisfy the relevant consumer requirements. The consumer has the right to be present during the examination of the goods and, in case of disagreement with its results, to challenge the conclusion of such examination in court. In accordance with Art. 24 of the Law of the Russian Federation “On the Protection of Consumer Rights”, when replacing a product of inadequate quality with a product of the same brand (same model and (or) article), the price of the product is not recalculated . When replacing a product of inadequate quality with the same product of another brand (model, article), if the price of the product to be replaced is lower than the price of the product provided in exchange, the consumer must pay the difference in prices ; if the price of the goods to be replaced is higher than the price of the goods provided in exchange, the difference in prices is paid to the consumer. In accordance with Art. 21 of the Law of the Russian Federation “On the Protection of Consumer Rights”, in the event that a consumer discovers defects in a product and submits a demand for its replacement the seller is obliged to replace such a product within seven days from the date of presentation of this demand by the consumer, and if additional verification of the quality of such a product by the seller is necessary - within twenty days from the date of presentation of the said demand. In accordance with Art. 23 of the Law of the Russian Federation “On the Protection of Consumer Rights” for violation of the deadline provided for in Article 21 of this Law, the seller who committed such violations pays the consumer a penalty (penalty) in the amount of one percent of the price of the goods for each day of delay. In case of failure to comply with the consumer's requirements within the time limits provided for in Art. 21 of this Law, the consumer has the right, at his choice, to present other requirements established by Article 18 of this Law.

In connection with the above, I demand:

1. Replace the product with _____ (indicate one of the options: a similar one or a product of a different brand).

2. If it is necessary to conduct a quality check, I ask you to notify me of the date, place and time of its conduct, in order to ensure my presence. The product for quality control/expertise will be provided by me personally.

In case of refusal to satisfy my demands, I will be forced to contact Rospotrebnadzor to verify compliance with legislation on the protection of consumer rights ______ (name of the seller), as well as to the court to protect my interests, where, in addition to the above requirements, others will be put forward, including including the collection of a penalty for delay in satisfying consumer demands, compensation for moral damage, reimbursement of expenses for the services of a representative and other legal costs. In addition, the court will collect a fine from you for failure to voluntarily satisfy the consumer’s requirements in the amount of 50% of the amount awarded by the court in favor of the consumer in accordance with Article 13 of the Law of the Russian Federation “On the Protection of Consumer Rights”. I ask you to consider my claim on a voluntary basis.

Date: Signature:

RECEIPT FOR RECEIPT OF CLAIM

CLAIM ACCEPTED BY ________________________________/_______________ (full name, position) (signature) “____” ______ 201__

m.p.

When to make a claim

The law does not establish the procedure and period for filing a claim, so it is good if information about this is included in the main contract. In the absence of such a clause, the law says that it is permissible to file a claim with the counterparty within a “reasonable time”, which, in practice, in most cases is one calendar month .

Also, do not forget about the statute of limitations - in Russia they last three years - it is during this time that the party who considers its interests to be infringed has the opportunity to make a claim and go to court.

Submission deadlines

There are no clearly established deadlines for filing a complaint. As a rule, they are valid for the entire period of the warranty for the product or service, or, if there is no such warranty, then the period for filing a claim is at least two years . In other cases, claims may be accepted within a period similar to the limitation period (three years).

It should be noted that the period for filing a complaint is quite often regulated by an agreement or contract concluded between the two parties.

In case of violation of this clause, the issue regarding the claim can only be resolved in court.

Design rules

Both the content of the complaint and its execution are made freely. The claim can be written on a standard A4 sheet, or on the company’s letterhead, both handwritten and printed.

The main condition: the claim must be certified by the personal signature of the applicant.

It is not necessary to put a stamp on the document, since neither individual entrepreneurs nor legal entities (since 2021) are required to use it in their activities.

The complaint is drawn up in two copies , one of which is sent to the supplier of the goods or service provider, and the second remains with its author. It is advisable to first endorse the second copy from the responsible party.

How to submit a complaint

There are several ways to forward a complaint to the recipient.

1. The first is to give it personally to a representative of the defendant company in the claim.
2. The second, no less reliable, but more time-consuming, is to send by registered mail with return receipt requested.
3. The third option is to send the complaint via email, but in this case, there is no guarantee that the addressee will receive the message, since it may go to the Spam folder or get lost in some other way.

Main nuances

Both the supply contracts themselves and the claims against them do not have single unified forms. This means that representatives of enterprises and organizations can write complaints in a free form, but subject to compliance with certain office work standards in their structure.

In addition, there is information that must be indicated in such documents.

In particular, in claims under a supply contract the following data must always be included the header

• name of the sending company;
• name of the organization to which the document is sent;
• addresses of both parties.

Also, the form must be titled and it must include a reference to the main agreement (number and date of its preparation).

In the second part, you need to indicate the essence of the claim, including naming the violated clauses and terms of the contract. If there are any additional papers, photo-video evidence of violations committed, they must be indicated in the document as a separate item in the form of an appendix.

After this, all of the above should be summarized - here it is permissible not only to enter the existing requirements and set a deadline for their fulfillment, but also to warn the other party that in case of refusal to fulfill contractual obligations, the interested party reserves the right to go to court (as shown practice, such a threat often turns out to be quite effective).

Procedure for returning a phone of poor quality

After a claim for the return of a defective product (phone) has been drawn up, you can go to the store with the phone, a receipt, a warranty card and two copies of the claim. One copy is given to the seller, on the second he must put a delivery stamp with the date of receipt. It is from this date that the deadline for fulfilling the buyer’s requirements will be counted.

Expertise

Usually, hardware stores, after receiving a broken product, immediately send it for examination to establish the nature of the breakdown, as well as its cause. They usually have their own service center that examines the product. The period for conducting the examination cannot exceed 10 days. The examination is carried out at the expense of the seller.

If it is determined that the phone broke down due to the buyer’s fault (water got in, there was a strong shock, etc.), the seller will refuse the buyer’s demands and may even charge the buyer the cost of the examination.

If the consumer does not agree with the results of the examination, he can contact an independent organization to conduct an examination at his own expense. If a manufacturing defect is detected in the device, you can try to contact the seller again or immediately file an application to court. If the court sides with the applicant, the buyer will be obliged to reimburse him for the cost of the examination.

Repair or refund

If the phone cannot be repaired, it has already been repaired or the repair took more than 45 days, the seller is obliged to transfer the full cost of the goods to the buyer. If the phone was taken on credit, the seller is also obliged to reimburse the interest on it.

If the examination determines the phone breakdown is a warranty case, the service center carries out repairs within 45 days. Before signing the repair report, you should check whether the breakdown has actually been repaired. If the phone defect remains, you cannot sign the document! It is better to additionally file a claim for poor-quality phone repair with a requirement to eliminate the defects.

Important! Service centers often violate the 45-day repair period, citing the fact that the phone was sent to another city for repairs, and they simply did not manage to deliver it on time. However, for the consumer, the repair period ends upon receipt of the goods. Therefore, it is extremely important that the repair report be signed current and not “backdated”.