How to write a claim to a store for a refund for a phone

Returning a phone to a store, as well as getting a refund for a cell phone, is not a simple matter.

In the event of a dispute with a store, you can always count on the help of our consumer lawyer, who will advise and take part in legal proceedings if the issue is not resolved peacefully.

When do you have the right to return your smartphone (phone)?

According to the law, a certain group of products is not subject to exchange; for example, it is difficult to return complex household appliances. Phones and smartphones are also included in this product category. But if you are interested in the question of how to return your phone to the store, contact experienced lawyers, they will help you understand the situation and achieve the desired result. After all, often a claim does not arise in connection with color or size, but is in the nature of the sale of defective products, this gives grounds to declare that a return of a mobile phone is possible.

If any defects are discovered in the device (within 15 days after the purchase was made), you have the right to:

• return a new phone and get the money spent back (in case of a serious defect);
• exchange a mobile device for a device with similar characteristics;
• demand cell phone repair services or reduce its cost.

In case of minor defects, the seller can eliminate them. You must be provided with a working phone within 45 days - this is the maximum period allotted for repair work (including under warranty).

USEFUL: watch a video on the topic of returning goods to a store and write your questions in the comments of the video on the YouTube channel to get advice from a consumer protection lawyer

How to return a phone?

1. Remember that in the process of exchanging a smartphone or phone, an examination may be required; it is better to be present. Compliance with this advice is necessary to ensure that the procedure follows all the rules, so that nothing additional happens to the equipment other than the breakdown that you have already addressed.
2. If the defect is too serious, then the seller is obliged to return the money or exchange the device. In case of refusal, a claim is made for the return of the phone. To correctly draw up this document, contact legal specialists with experience in resolving such issues, for example, our organization. Our lawyer will help you write a claim to the seller for the return of goods of inadequate quality under the law on the protection of consumer rights and will include demands not only for the telephone, but also penalties, compensation for moral damage, and expenses for filing a claim.
3. Complaining will help you exercise your rights. The document must be given to the seller, indicating the date and making sure that it is signed. This is an important point - the store representative must officially accept the paper by signing and stamping (a certain period is given for consideration of the claim).

How to write a complaint correctly

The speed of consideration of the application and the desired outcome largely depend on how conscientiously the preparatory work was carried out. Writing the text of the document itself is not as difficult as it might seem at first.

But if the argument is unconvincing, the store can use various tricks. It is also necessary to correctly identify the addressee.

When a complaint is misdirected, it is returned or left unaddressed. Accordingly, time is lost.

A detailed description of the defects also plays a role. Indeed, based on the information provided, an examination cannot be ruled out in the future.

Often all materials for the customer are prepared by lawyers. Therefore, the necessary attachments include a copy of the power of attorney issued to the specialist listing the set of powers granted.

Preparation of documents

First of all, you will need a receipt or other document confirming the purchase. Then the terms of the guarantee are studied, because they can be referenced in the text of the appeal.

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In order to give additional credibility to the application, the faulty phone may be photographed or videotaped. The obtained materials are used as one of the applications.

It is possible that a defective phone will become a source of material damage. Then the claim raises the question of its compensation. Accordingly, documents will be needed to substantiate the fact of damage and its amount.

To resolve a dispute, it is often preceded by an examination that establishes the reasons for the defect. In this case, a copy of the conclusion is added to the appeal.

Filling in information about the applicant and the store

The buyer indicates his initials, registration address and actual place of residence when they do not match. It is also advisable to write a contact phone number. When previously paid funds are planned to be received in a bank account, payment details are provided.

Large chains have many stores. Therefore, the claim is sent to the address of the retail outlet. For practical reasons, it is advisable to send a copy to the head office.

Many purchases, including mobile phones, are made online. Difficulties arise when the store’s website does not indicate the address. In this case, a request to Rospotrebnadzor can help out.

Description of detected deficiencies

Most smartphone buyers are not technically savvy. As a result, the defects are not accurately stated in the claim. In turn, this makes it difficult to process the application.

The solution may be to hire an experienced person. He will inspect the device and help you correctly describe the essence of the problem that has arisen.

You can first take the gadget to a repair shop for diagnostics. By the way, some centers provide it for free. The resulting report will form the basis of the application. It makes sense to attach a copy of the conclusion.

Formulating store requirements

When a defective product is purchased, a citizen, as a buyer, can restore his rights in various ways. The main ones are listed in Art. 18 of Law No. 2300-I. Moreover, depending on the breakdown, demands can be addressed not only to the seller, but also to the manufacturer.

Among the options, there are mutually exclusive ones. Some can be combined. For example, a refund for a low-quality product is supplemented by compensation for damage caused.

Indicative list of requirements:

• termination of a previously concluded purchase and sale agreement;
• refund of the amount paid for the equipment;
• compensation for property damage when it occurred due to a defective purchase:
• compensation for moral damage to the consumer (Article 15 of the Federal Law “On ZPP”).

Some smartphone owners, before going to the store, independently order an examination to determine the reasons for the device failure. Then the costs of services received are also included in the claim.

The creation of a list of requirements must be approached responsibly. After all, they will then form the basis of a probable claim for the return of money for the phone. By the way, when preparing it, it is easiest to focus on the text of the claim.

Warranty phone return

Any manufacturer today provides a guarantee for their equipment. Cell phones are no exception here. Depending on the brand, manufacturer and make of the phone, such warranty periods may differ from each other. At its core, the warranty period is the period for presenting consumer claims regarding product defects that arose as a result of using the phone.

However, for some manufacturer’s products, although rarely, they still do not set a specific expiration date. In this regard, the law contains a clause that if the warranty period is not established, such a period will be no more than 2 years from the date of transfer of the phone. However, the requirement to return the phone within the warranty period is not always unconditional, but must be satisfied subject to the following circumstances:

1. During operation, significant deficiencies were discovered that cannot be eliminated or the deficiency constantly appears;
2. The seller violated the deadlines for eliminating defects. In accordance with consumer legislation, this period is 45 days. The contract may also provide for a different elimination period.
3. If during one calendar year the phone regularly breaks down, and the total period of inability to use it is 30 days.

Timeframe for consideration of a claim

Law No. 2300-I determines the time frame depending on the composition of the requirements put forward by the citizen. So, when the conversation is about the exchange of goods, art. 21 establishes a seven-day period from the date of receipt of the application. In case of appointment of an examination to check quality, the time period is extended to 20 days.

It often happens that a product suitable for the consumer is not available. Then the replacement can be carried out within one month.

When an exchange takes more than a week, the buyer has the right to demand that the store or service center provide another mobile phone for temporary use.

If the claim concerns a refund for a smartphone or a reduction in its purchase price, then Article 22 allows 10 days to satisfy the requirements. The same applies to compensation for losses.

For delays in the consideration of a claim, a penalty is provided in the amount of 1 percent of the cost of the gadget for each day.

Additionally, sanctions are prescribed in the event of an unreasonable refusal to satisfy an appeal or leaving it without attention at all. In this situation, the courts collect 50% of the claim amount.

Claim to return the phone to the store

Current legislation provides for the consumer's right to a refund of money paid for the phone. However, such a return is only possible if defects are found in the phone. The period for unconditional fulfillment of a claim is 10 days from the date of purchase of a low-quality device. However, even after the specified period, a return claim can be filed during the warranty period, subject to certain conditions

How to write a claim to return a phone?

1. Where to file a claim? You will have to decide on the addressee who will fulfill the requirements of your claim. In accordance with the law, the claim, along with the seller, can be submitted directly to the manufacturer, or to the importing organization.
2. What must be included in the claim? Of course, these are the circumstances of the purchase, the nature of the defects, the facts of treatment within the scope of warranty service.
3. What to ask for in a claim? At your discretion, you have the right to ask for a refund of the money paid for the phone, or to demand a replacement of the device.

Attention : at the request of the seller, subject to a refund for the device, you will be required to return the broken phone, watch the video with additional tips on filing a claim

Sample claim for phone return

Limited Liability Company "Telephone"

Legal address: 620102, Sverdlovsk region, Ekaterinburg, st. Telephony, 31.

Actual address: 620102, Sverdlovsk region, Ekaterinburg, st. Telephony, 31.

From Fedorov Fedor Fedorovich

Address: 620075, Sverdlovsk region. Ekaterinburg, st. Telefonii, 32

Claim (demand) for phone return

Between me and your organization, on 01/01/2018, a purchase and sale agreement was concluded for a Samsung A cell phone, identification No. 111111111. The goods were paid for and received by me on 01/01/2018, which is confirmed by the agreement and a receipt for payment. According to the warranty card, the shelf life of the product is 2 years. The specified product is technically complex.

During operation, the following significant shortcomings of the product were identified:

When concluding the Agreement, the parties did not stipulate the presence of defects in the transferred goods.

According to paragraph 2 of Art. 475 of the Civil Code of the Russian Federation, a significant violation of the requirements for the quality of goods is the discovery of fatal defects, defects that cannot be eliminated without disproportionate costs or time, or are detected repeatedly, or appear again after their elimination, and other similar defects.

Thus, violations of product quality requirements are significant.

In accordance with paragraph 3 of Art. 503 of the Civil Code of the Russian Federation, in relation to technically complex goods, the buyer has the right to refuse to fulfill the retail purchase and sale agreement and demand a refund of the amount paid for the goods in the event of a significant violation of the requirements for its quality.

In accordance with paragraph. 8 clause 1 art. 18 of the Law of the Russian Federation dated 02/07/1992 N 2300-1 “On the Protection of Consumer Rights” in relation to a technically complex product, the consumer, if defects are discovered in it, has the right to refuse to execute the sales contract and demand a refund of the amount paid for such a product.

Based on the above, in accordance with paragraph 2 of Art. 475, paragraph 3 of Art. 503 of the Civil Code of the Russian Federation, paragraph. 8 clause 1 art. 18 of the Law of the Russian Federation dated 02/07/1992 N 2300-1 “On the Protection of Consumer Rights”, I declare my refusal to fulfill the Agreement and request the return of the paid amount in the amount of 100.00 rubles.

Applications:

1. Copy of the Agreement
2. Documents confirming payment for the goods and their transfer to the buyer.
3. Documents confirming violation of product quality requirements.
4. Other documents on which the applicant bases his arguments

Date, signature

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Procedure

After discovering defects, the buyer writes a claim to the store in 2 copies, in which he describes in detail all the identified defects, finds a receipt and a warranty card, makes copies of them and sends them to the store.

In the store, one copy of the claim and copies of the receipt and warranty card are handed over to the authorized person. On the second copy, a mark indicating acceptance is placed: the number of the incoming person, the date of receipt, the position and signature of the person receiving it. The absence of an incoming number is allowed: registration can be done later, but the remaining details must be present.

It is not recommended to give original documents - they will probably be needed in court.

After receiving the complaint, the store will schedule an examination. The transfer of the phone for research is formalized by an act. It describes the external condition of the device, the presence of scratches, dents, cracks, signs of opening, and spills. The buyer is advised to carefully inspect and describe the condition of the phone. A sample act can be downloaded below. The best option is to conduct the examination in his presence.

Independent organization of examination is allowed. Then a copy of it is attached to the claim.