What to do if your phone is broken? How to get my money back?

Home / Returns and exchanges / Step-by-step algorithm on how to get money back for your phone

Phone buyers are faced with the store's refusal to return money for the device within 14 days. Armed with some information from the Law on the Protection of Consumer Rights (hereinafter referred to as the Law), consumers insist on returning the money spent, but to no avail - both the store, the regulatory authorities, and the court recognize their demands as unfounded. Below is why this happens and what to do.

In what cases can you return your phone for warranty repair?

According to the Law “On Protection of Consumer Rights”, you are obliged by the Law “On Protection of Consumer Rights” to accept goods that have defects and eliminate them free of charge.
Clause 2, clause 3 of Art. are responsible for the quality of the goods. 18 of the Law “On Protection of Consumer Rights” both the seller and the manufacturer. Therefore, if the phone is under warranty, you can contact both the store where you sold the product and the organization that represents the manufacturing company.

Defects due to which the phone can be sent in for repair can be different: a crack on the screen, lack of sound, a non-working touch display, etc.

The phone will be repaired under warranty if they cannot prove that the defect was caused by you. 18 of the Law “On Protection of Consumer Rights” or due to improper transportation or storage. The reason for the defect will be determined when checking the product. This process also includes conducting an examination.

Consumer rights to returns

The law related to protecting the interests of consumers contains a large number of rights that they have. When returning a phone, the following main provisions can be highlighted:

• the right to information (if it was not on the phone packaging, you have the opportunity to prove your case and return the cellular device) – (Article 8);
• the right to discover certain shortcomings among the consumer characteristics of a product (Article 18);
• the right to eliminate defects on the part of the seller (Article 20);
• the possibility of replacing the phone if the quality is not satisfactory (Article 21).

Please note:
Thus, every consumer has a large number of rights and can count on their implementation if controversial circumstances arise during the purchase of a phone.

When does the warranty period begin?

The warranty period begins Art. 19 of the Law “On Protection of Consumer Rights” from the moment of purchase. If this time is difficult to determine, then the warranty is valid from the moment the product is manufactured.

When delivering by mail or courier, it begins from the moment the goods are received. If after delivery you cannot use the product - there are not enough spare parts, special installation or configuration is required, the device does not work - the warranty period begins from the moment the seller fixes all this.

How long does the warranty last?

Most often, the warranty period is prescribed by Art. 10 of the Law “On Protection of Consumer Rights” in the purchase and sale agreement. Typically for mobile phones it is six months or a year. When the contract does not contain a clause about this, Art. 19 of the Law “On Protection of Consumer Rights”, that the guarantee is valid for two years.

Distributed by Art. 19 of the Law “On Protection of Consumer Rights”, it also applies to individual spare parts for telephones. The contract specifies the duration of its validity. But if it is less than the warranty for the main product, it is considered that the spare parts can be returned for repair within the same period as the main product.

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Is there any way to speed up the process?

A telephone is a technically complex product. The seller can take advantage of this and refuse to return the funds. Therefore, the best way to return a cell phone is to request an exchange. Retail outlets are more willing to take such actions.

If successful, the citizen will receive a new model of mobile phone. The difference in cost will have to be covered by either the buyer or the seller (depending on the situation).

Some stores, within the framework of customer focus, can meet customers halfway and carry out returns/exchanges of mobile phones (even without significant flaws).

When the phone will not be repaired under warranty

The seller or manufacturer must test the phone at their own expense. They will refuse him Art. 1098 of the Civil Code of the Russian Federation to repair under warranty if it turns out that you:

• used the gadget incorrectly (for example, hammered nails with it);
• handled it carelessly (dropped and broke glass);
• improperly stored (in the bathroom with high humidity);
• if the phone breaks down due to force majeure (during a fire or flood);
• They themselves tried to repair it or changed something (they did a “reflash”).

If during the inspection it is determined that the phone broke down due to your fault, you will have to pay Art. 18 of the Law “On Protection of Consumer Rights” for the services of experts and contact the service center for paid repairs.

Where to take your phone for repair under warranty

You can request free repairs from the store where you purchased the device. The seller will be required to accept and repair the phone under warranty.

You can also contact an organization that specializes in equipment repair.

An authorized service center is one that cooperates with the phone manufacturer. Here you can get free warranty repairs at the manufacturer's expense. We use original spare parts for this particular brand of phone.

The service center simply specializes in repairs and may not work with a specific manufacturer or use factory parts. It is worth checking whether such a center will repair the phone under warranty.

What is expertise and what to do with it

Most retailers prohibit their salespeople from refunding or replacing defective items without further inspection.

The examination can last from 10 to 20 days , depending on what you want - exchange the device for another or return the money. By the way, most sellers insist on exchange and examination lasting 20 days.

You have the right to a refund with a quality check for a period of 10 days - in many stores, for this you will have to file a claim or call the hotline in the claims department.

In addition, carefully read the applications that are given to you to sign - very often employees confuse (accidentally or intentionally) the documents and send the smartphone for repair instead of examination.

After a period of 10 or 20 days, you should receive a response about the results of the quality check. As a rule, if you really have a manufacturing defect, it will be confirmed - the store has no need to spoil its reputation.

However, there are floating defects. For example, loss of cellular signal, operating system glitches, and so on. They are often not noticed during examination or are not recognized as defective.

If you are sure that this is a factory defect and are ready to go to the end, then you can conduct an independent examination at your own expense. If the verification result from a third-party authorized service center is positive, you can write a claim with copies of all documents and wait for a response.

How to return your phone for repair under warranty

What you will need

• A receipt, sales receipt or sales contract is a document that confirms the purchase.
• Warranty card.
• Passport.
• Claim for transfer of phone for repair.

What do we have to do

Make a claim for elimination of defects in two copies. Come to a store or service center. Submit one application to an employee of the organization; on the second copy he must put a stamp, signature and the date when the document was accepted.

After that, hand over the gadget. The store or service center should conduct an inspection to find any deficiencies. If this is done right away, they immediately draw up an act of handing over the phone for repair. This document will indicate:

• transmission time;
• phone model, serial number, etc.;
• who transmitted;
• who accepted;
• description of damage;
• repair times.

It can take several days to look for defects. In this case, the store or service center appoints an examination. You have the right to attend the Order of the MAP of the Russian Federation “On some issues related to the application of the Law “On the Protection of Consumer Rights” during its implementation. It is done at the expense of the company that will carry out the repairs. Typically, the examination period is 10 days.

You yourself can contact another organization for an examination, and then provide all the documents to the seller. At the same time, he must reimburse you the costs of the Order of the MAP of the Russian Federation “On certain issues related to the application of the Law “On the Protection of Consumer Rights”.

Step-by-step return instructions

Only if the technical accessories are defective or faulty, the user can expect a refund or exchange within 14 days. The algorithm of actions is as follows.

1. Formation of an oral appeal to a retail outlet with the corresponding requirement. If it turned out to be insufficient, you can write a complaint to management.
2. The store must draw up a clear response to your complaint and provide it within no more than 10 days. During this time, the request will either be satisfied, or an independent examination will be ordered to identify the cause of the phone’s defect.
3. If it has been proven by expert evidence that the buyer is to blame for the defect, the store will demand that he reimburse all costs for the procedure. If any doubts arise, this will require additional examination.
4. If the parties have not reached a mutual agreement, a claim is filed in court with the attached transaction documents.

Additional information
The court subsequently makes a decision. It is impossible to predict exactly which side the judge will be on.

When should a phone be repaired?

Typically, the contract specifies the time frame for repairs. He cannot occupy a position. 20 of the Law “On Protection of Consumer Rights” more than 45 days. But if there are no specific deadlines, then the phone must be repaired as quickly as possible. Considering how long the procedure usually takes.

If the seller or service center employees cannot do everything on time, a new agreement is concluded, which again determines the repair time frame. And excuses that the service does not have the necessary parts do not count.

When a service center or store fails to meet repair deadlines, you can demand a penalty. For each day of delay you must pay 1% of the cost of the goods.

As soon as the phone is returned to you, the warranty period is extended for as long as the gadget was being repaired. To do this, you need to ask for a document that states when the device was accepted for repair and when it was returned to you.

If the phone has not been repaired within 45 days, and the person doing the repairs has not warned about the extension of the deadline and has not offered to conclude a new agreement, write a statement demanding a refund. If on the 46th day you are given a gadget, you can decide: take the phone or the money (provided that you have not yet taken the money). Or choose another product for the same amount.

Returning a smartphone of poor quality

You can return a defective product if:

• it arose through no fault of the buyer;
• the buyer was not warned in advance about the presence of defects;

The algorithm of actions is as follows:

• file a claim addressed to the seller;
• present the device, cash receipt, warranty card.

Claim consideration period

Online stores are given 30 days to review and make a decision.

Regular stores:

• exchange for another device – 7 days;
• the buyer intends to return the money – 10 days.

Refund deadlines

The seller is obliged to return the purchase price in cash within up to 10 working days, by bank transfer up to 30 days.

Should a replacement be provided during repairs?

If a replacement is needed, then indicate this in the document according to which the phone is accepted for repair. A replacement will be provided by Art. 20 of the Law “On Protection of Consumer Rights” within three days. The phone must have the same characteristics as the device you sent in for repair.

If you hand over a touchscreen gadget, they cannot give you a push-button gadget that only makes calls and sends SMS. And to replace the latest model smartphone, you have no right to give you an old gadget with less functionality and worse characteristics.

The properties and characteristics of the gadget are specified in the technical documentation of Art. 10 of the Law “On Protection of Consumer Rights”. This should be pointed out to the person who will be doing the repairs. If he refuses to comply with your demands, you can write a complaint to Rospotrebnadzor and go to court.

If a replacement is not issued on time, you can claim a penalty under Art. 23 of the Law “On the Protection of Consumer Rights” - 1% of the price of the goods for each day of delay.

What to do if you are not satisfied with the quality of warranty repairs

When you receive your phone from repair, carefully inspect it for new damage, scratches, or chips. Turn the gadget on and off, check if all functions work. Shoot a video or take a photo. After acceptance, ask for a document stating that the phone has been repaired.

If you find a defect or the gadget begins to work worse than before, then indicate this in the acceptance certificate - both in your copy and in the copy of the organization that did the repair. Ask them to fix these shortcomings for free. If you are denied, file a complaint.

If there is no response to the claim, you can collect documents and go to court or write a complaint to Rospotrebnadzor.

The answer will be the one who was involved in the repair. Ruling of the Supreme Court No. 18-КГ18-154 dated 09.11.18, even if you took the phone to the store for repair, and he sent it to a service center or workshop.

Case one. You bought a smartphone and you don't like it

Let's say you bought a smartphone, used it a little and realized that you absolutely don't like it. It doesn’t matter for what reason - color, shape or size.

In this case, the law is not on your side. The fact is that the ZPPP contains a list of goods that cannot be returned within 14 days. This list includes a lot of things, including jewelry, medicines and complex technical equipment.

These are just smartphones, tablets, laptops, TVs and many other equipment.

It turns out that the seller, on completely legal grounds, can refuse to return your money for a smartphone if you simply don’t like it.

However, there are stores that meet customers halfway and exchange gadgets - this is a manifestation of loyalty to their customers and the good will of the seller.

There are very few such outlets and most large chain retailers such as MTS and Euroset refuse to return or replace the device. If this point is critical for you, check the exchange conditions with the employees before purchasing. They also write about this on retailers’ websites or can tell you on the hotline.

For example, Svyaznoy’s internal instructions allow for the return or exchange of a smartphone at the discretion of the seller. Please note that there is no way to return an Apple iPhone, even in the most loyal store.

But most employees either do not know about this instruction or do not want to meet clients. There is a small risk that the phone will have a hidden defect that the buyer is silent about (for example, the gadget has been in water).

In this case, it is recommended to call the hotline, they can help in resolving the conflict.

I heard from familiar employees that sales consultants do not want to exchange smartphones, even if internal instructions allow this. You can confirm the information with a simple survey in the community for Svyaznoy employees. The results speak for themselves.

Also, slightly different rules apply when purchasing online. For stores selling goods online, distance selling rules apply. According to the law, you can return your smartphone to the online store within 7 days after purchase.

The list of technically complex goods does not apply when sold online, but the device must be in perfect condition - it will definitely not be accepted back if it is scratched.

What to do if your phone constantly needs repairs

If you are tired of constantly sending your phone in for warranty repairs, you can return the gadget to the seller. But only under the following conditions of Art. 18 of the Law “On Protection of Consumer Rights”:

• during repairs, a significant flaw was found - one that cannot be repaired or requires too much expense to repair;
• During the entire warranty period, the phone was under repair for more than 30 days.

In these cases, the phone can be returned and Art. 18 of the Law “On Protection of Consumer Rights” replacement: choose a new one of the same brand or another in this price category. Or return the money to buy the gadget elsewhere.

Refund instead of exchange

It will not be possible to return a mobile phone of proper quality (unless the retail outlet independently meets the buyer's needs). Cell phones are technically complex goods that are included in the Government decree prohibiting the return of goods of certain categories.

You can return a product of inadequate quality and get a refund of the money paid for it. In this case, it is necessary to again turn to the eighteenth article of the already mentioned law. The third paragraph of this regulatory act indicates that in the cases described above, a citizen can not only exchange the device, but also demand a refund for it. In addition, you can also seek additional financial compensation.