Returning a mobile phone to the store within 14 days

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As you know, when buying a phone, it is impossible to be 100% sure of its serviceability right away in the showroom. Situations often occur when, during operation, the buyer discovers shortcomings in the operation of a new smartphone. In this case, a very logical question arises: is it possible to return a faulty product back to the store?

Can I return a phone that doesn't fit?

According to the Consumer Rights Protection Law, the buyer can exchange one quality product for another, subject to three conditions:

• the goods belong to the category of non-food products;
• did not match the color, size or configuration;
• The purchase documents have been preserved and the presentation has not been damaged.

If there is no similar model available that matches the color and characteristics, the client can write a statement and withdraw the money.

An exception is technically complex devices, household appliances and goods specified in the closed list of Government Decree No. 55 and the list of Government Order No. 924, for example, mobile phones, radio stations, navigation equipment, etc.

These products can only be exchanged if they are found to be defective. Therefore, you cannot refuse to purchase or exchange a new smartphone for another model without explaining the reasons.

When can I return a phone of good quality?

You can return a new and working smartphone only in one case - if the seller violated the rules of trade:

• Provided false information about the country of manufacture (assembly). For example, Finland is indicated on the price tag, and China is indicated on the packaging.
• Misled me about the functionality of the equipment. For example, the consultant recommended a model in which both SIM card slots support 4G. After the purchase, it turned out that one slot only works on 3G and 2G frequencies.
• During the sale, the cashier did not issue a receipt or fill out a warranty card.
• If the product was sold at a discount and the seller did not warn about the reason for the markdown: dented packaging, sale of equipment after repair under warranty, damaged packaging, incomplete packaging.

In such situations, you can return your smartphone to a store and get money back as if you were paying for a low-quality product.

If your mobile phone is defective

When the smartphone does not charge, spontaneously overloads, loses the network or stops turning on, you can refuse the purchase and take the money.

The rights and opportunities of the buyer depend on the moment the malfunction is detected:

• within 14 days after purchase; • during the warranty period.

If a mobile device stops working within two weeks of purchase, the customer can:

• exchange it for a similar model or a smartphone from another manufacturer with an additional payment or receiving the difference in price if the cost of the new phone is less; • submit for repairs under warranty; • get a discount; • write an application for payment of the full cost of the goods.

If the defect is discovered later, but before the end of the warranty period, you can count on free repairs.

To return faulty equipment to the store, you will have to prepare a small package of documents and write a claim.

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.

How to fill out a claim

A claim addressed to the seller can be made in free form by indicating:

• official name and legal address of the organization;
• personal and passport data of the buyer;
• contact number;
• date and time of purchase;
• exact model name;
• detected malfunction;
• demand (exchange, warranty repair, money back);
• list of attached documents.

The date and signature of the buyer must be placed at the end of the application. The claim is drawn up in two copies.

The documents should be handed over along with the faulty smartphone, while one copy remains with the store, on the second the seller puts a receipt mark, date, signature and returns it to the buyer.

Download the application form for the return of a phone of inadequate quality and for a refund within 14 days

Download a sample claim for a refund for a phone after repair

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.

What deadlines are provided by law?

According to the PLA, from the moment of receiving a claim for a product of inadequate quality, the seller is obliged to:

• Within 7 days, consider the buyer’s complaint, conduct an examination, provide a written refusal or fulfill the requirements. The period may be extended by 20 days if additional examination is required.
• Refund the money within 10 days if a manufacturing defect has been confirmed or the fault appeared before delivery to the consumer.

If the store violates the deadline or refuses to exchange equipment or return money, you can file a complaint with Rospotrebnadzor.

Download a sample complaint to Rospotrebnadzor for the Protection of Consumer Rights

The phone is under warranty and the headphones are broken

In Art. 19 clause 3 states that warranty periods can be established not only for main goods, but also for components. They may be the same, or they may differ.

IMPORTANT

By default, in 2021, the warranty period for headphones is the same as for the phone, so you can request their repair, replacement and return within the same period. But if the contract specifies other conditions (for example, a shorter warranty period), the consumer no longer has the right to file a claim after its expiration.

When can you return a smartphone purchased online?

When selling goods online, companies are required to comply not only with the Consumer Protection Law, but also with the Distance Selling Rules.

If the buyer cannot check the quality of the item before purchasing and chooses the equipment according to the description and photographs in the online store, the client has the right to refuse the order:

• at any time before receiving the parcel;
• within 7 days after delivery of the goods by courier or receipt at the point of delivery of orders;
• within three months, if the seller did not include a reminder in the parcel about the conditions and terms of return.

Any reason can be the basis for a return:

• the phone turned out to be too big and uncomfortable to hold;
• the seller sent a phone that differs in color and characteristics from the ordered model;
• During operation, signs of a manufacturing defect were detected: the conversation is interrupted, the device does not connect to the network, and reboots.

A claim to the quality of equipment is made in a similar way.

If you lose your cash receipt, you can confirm your purchase in a specific online store by printing out the order form, invoice receipt, which was issued by the courier or parcel machine, or the order pick-up point.

To ensure that the application is reviewed on time and the package is not lost, it is better to write to the support service in advance about identifying a defect, specify the delivery address, the method of sending (courier service, Russian Post) and send scanned copies of documents.

The original claim and copies of payment documents are sent along with the faulty equipment. Shipping costs are always paid by the sender.

After receiving the parcel and conducting an examination, the organization will return the money or offer to exchange the device for a similar model.