In which cases you can return the phone back to the store?
Hiking to the store, even if it is a virtual visit, often end with shopping. in order, in fact, there and go. Goods can perform completely different items and devices, but today’s reality makes purchases are increasingly technological, and such a phenomenon as a smartphone, a cell phone, for many is not just a mandatory phenomenon, but often a teacher, other, and a window to the outside world.
It is logical that, choosing such a “friend,”, I want to take into account all the little things, all the nuances, and if suddenly the purchase does not fit, exchange it. Is it possible to return the phone like any other product and that for this you need. consider in this article.
Basic Rules Return Mobile Phones
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Mobile phone can not be handed over to the store as in size, form, color, configuration or other parameters in the first 14 days. Such devices are included in the list of “non-returnable” goods (PP from 31.12.2020 N 2463).
To another list of government decree 24 from 10.eleven.2011 includes “Wireless equipment for domestic use having a touch screen and possessing two or more functions”. Under this understands smartphones, tablets, other similar multifunctional mobile devices with touchscreen display. They are technically difficult to return that they can only be returned to the store only one base. the presence of a production marriage.
At the same time, simple push-button phones without touch display do not fall into the list. Their return is subject to the standard rules of Law 300-1 from 07.02.1992, operating for non-food domestic products for long-term use with a deadline for warranty.
The phone bought in the online store without traces of use, in full configuration and serviceable, the buyer has the right to rent back without explaining the reasons for a week. If the seller did not put a reminder to order with the rules and procedure for the return and exchange of goods, then the term increases to 3 months.
Phone return procedure for any production marriage
Production defect, even easy-to-wear, is a reason to get a refund:
- A cell phone without a touchscreen display. during the entire warranty period;
- Stationary telephone. during the entire warranty period;
- Touch phone. in the first 15 days of operation, counting from the day of purchase.
Attention! The return procedure from receiving a claim before issuing money (or sending them to the consumer is non-cash on the card or bank account) takes 10 days, including the weekend. Disturbance due to the fault of the seller threatens him a penalty and a fine.
Together with the phone and the preserved package, you need to bring to the store:
Cash or commercial check is not required, but desirable. He confirms the fact of purchase. The consumer can rely on other evidence, such as a warranty card filled with the seller-consultant, or testimony of witnesses.
Taking the phone, store employee is an act. It describes the condition of the device: explicit defects, traces of falling, drowning, the absence of any components provided by the manufacturer, etc. Before signing the act, this information carefully read and fix errors.
After contacting the store, the buyer remains on their hands: an act of receiving and transmission, a copy of the check (if provided), one instance of the claim with a seller’s note.
The seller has the right to make sure that the defect really is and it has arisen due to the fault of the manufacturer. To do this, he sends a phone with a copy of the act to the ACS to test the quality.
At the same time, 10 days, allocated to return or refuse it, are counted from the moment of acceptance of the application. That is, the diagnosis of quality must be met during this period.
According to the results of the audit, the store makes a decision:
- The presence of a production defect. the buyer receives money;
- The defect originated by the owner’s fault or the goods is correct. the buyer receives a written motivated failure and telephone back.
If the diagnostics showed that the device is working, to achieve a return of money in court. For this, the buyer organizes its independent examination, and then applies a lawsuit in the world (or district, if the cost of the claim is more than 50 thousand. ) court at the place of their residence or finding a store.
Step 3 (optional). Expertise
If a dispute about the reason for the defect appeared (that is, the Asz confirmed the marriage, but shifted the blame for him to the owner), the buyer may require additional expertise of the device from the store. He may agree, organize and pay for it, or refuse. this is his right.
If the seller conducted an examination, and the result. the buyer is to blame, the latter reimburses it the cost of checking. If the result. the first diagnosis was wrong, and the marriage is really a production, the store gives money for the smartphone.
Receiving the money
As a rule, the seller pays the money in the same way as he received in his time from the buyer:
It is important to know! Return is subject to not only the cost of the phone, but also the amount on which such a model has risen in price, and related expenses. These include protective glass costs, flash drive, software installation and setting, film sticker, additional guarantee from the store and T.D.
How to return the phone back to the store: Step by step instructions
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Return of the cellular to the shopping center is carried out on the basis of the application of the client. The store may appoint an examination in order to identify the causes of defects. If the conclusion is made in favor of the buyer, the seller is obliged to return his money.
Consider the entire procedure in more detail.
Step 1. Compile Claim
Usually, the employees of the shopping center propose to fill their forms of application for the return of money for technically complex goods. If they are not available, you should compile a claim yourself. In the document text you must specify:
- Name of the Seller, his legal address and contacts;
- FIO of the client, his place of residence and telephone;
- The date of concluding a contract of sale;
- Description and cost of goods;
- Reasons for the return (list of flaws);
- References to Articles of Law 300-1;
- Request for the return of funds;
- List of applications;
- Date and signature.
The document must be compiled in two copies, because one will be presented or sent to the seller, and the second will remain in the applicant.
Need to remember! To the claim you need to attach a payment check. If the payment document is lost, the fact of purchase is confirmed using testimony, video recording from the trading hall, extracts from the current account.
Step 2. Claim Direction
Prepared documents should be transferred to the seller for consideration. The following sections of the claim are possible:
- Awarding an employee of a shopping center that puts the incoming stamp on the buyer instance, and the second registers in a special journal.
- Registration on the third entity of power of attorney with powers to transfer documents to Seller.
- Direction by mail by registered letter with notice.
- Filling the electronic feedback form on the seller’s website.
It is important that the client remains a document confirming the fact of the reference to the store. In the future, he may be needed in court when applying for consumer protection.
Step 3. Examination by the Seller
Sellers always appoint an examination of the quality of the smartphone to establish the causes of flaws. Expert study is carried out in several stages:
- A specialist inspects the body of the apparatus in order to identify the signs of mechanical impact, the presence of microcracks, moisture ingress, confirmation of the autopsy fact.
- Next, the charger and battery is checked for the presence of stickers of growth confirming the safety of the object.
- Flash card is being studied for malicious programs that affect the quality of the work of the smartphone.
- Laboratory studies are conducted by physico-chemical, organoleptic and other methods.
- Conclusion is drawn up with a detailed description of the process and the results of the examination.
Important! During the examination, the authenticity of the cellular. Often precisely selling falsification is the cause of difficulties with cellular.
Step 4. Returning Smartphone
Usually examination takes up to 45 days. After its completion, the manager of the shopping center is associated with the buyer and offers the exchange of goods on a similar or refund of funds.
If the client does not agree to the exchange of technology, he has the right to write a statement about returning money for the goods. The requirement to pay funds must be executed within 10 days.
Is it possible to return the phone to the store?
As practice shows, a person for a number of reasons changes cellular devices with a frequency of 3 to 7 years. A sufficiently significant time interval is associated with the technical service life of the communication tool, as well as with the taste preferences of the buyer.
The Law “On Consumer Protection” prescribes various terms and procedures for returning acquired things depending on whether their quality is proper or improper. Such a separation is characteristic of cellular means.
Competitive smartphone, unfortunately, you can not pass. Paragraph 6 List in the Government Decree from 2011 24 to technically complex goods include a wireless communication tool having a touch screen and performing at least two functions. Details about this and other points. in an article telling, is it possible to pass the phone back to the store.
Government Decision from 1998 5 prohibits returning or changeable technically complex products. According to the provisions of the law, the cellular apparatus with a touch screen, which performs calls and capable of shooting on the camera is technically difficult, respectively, return in good condition is not subject to.
Returning a serviceable mobile to the store for 14 days is possible only if the means of communication is not equipped with a touch screen and does not carry out more than two functions. These are devices with buttons, mono, old sample.
According to Article 25 of the Law, if such a telephone does not fit in size, dimensions, color, it can be returned to the seller.
In addition, if a means of communication is purchased remotely, on the Internet, for example, it is possible to produce a refund over 7 days from the date of receipt without explanation.
What reasons you can make a phone return?
There are various reasons for the return of a cell phone. If the acquisition is a complex product, then the reason for only one is its malfunction or detection of any marriage, defect.
In relation to the simplest primitive phones, the causes may be more diverse:
With such grounds under the law, the phone should be done to return within two weeks from the moment of purchase, while maintaining the initial appearance and, ideally, a cash check. If the trading state of the cellular apparatus is not saved, the seller has the right to refuse return, referring to Article 25.
Without liked the cellular means you can either exchange to a similar one, or require a refund. A written claim by law is considered within 10 days. When returning a cellular consumer must receive money no later than three days.
How to return the phone of improper quality?
The poor-quality mobile apparatus consumer in accordance with the law has the right to return during the entire period of warranty. Warranty coupons for communications are issued at mandatory. It is advisable to store the coupon before the expiration of its term for a favorable resolution of potential problems associated with the operation of the cellular.
If a malfunction on a cellular facility is detected, the consumer sends a claim to the seller by applying a warranty card and check. Return of goods without conducting an examination, as practice shows, is not carried out.
In order to establish the cause of a defect and the guilty, an examination is carried out. The term should not exceed twenty days. At the time of verification, the buyer is issued a telephone, in order to minimize its inconvenience.
In case of establishment of the results of the buyer’s guilt, it must pay all the costs associated with checking. If the marriage is factory, the goods are refundable or exchange for identical.
Grounds for the protection of consumer rights
The main problem when the return of the phone is considered. insufficient legal literacy and knowledge of the law on the protection of consumer rights (hereinafter. the law). Therefore, buyers do not know in what cases they may require the return of money for the phone or exchange to another device. In turn, store sellers themselves allow violations that give grounds for cancellation of sales transactions, initiating inspections from the regulatory authorities.
And first, and the second should be noted that the phones are included in the list of goods that are not subject to exchange if they are in working condition and without defects. This means that they cannot be changed on the basis of:
- Art.25. exchange within 14 days on a similar product or refund due to the lack of a device for exchanging;
- Art.26.1. the same actions for purchases in the online store, only for 7 days.
This list was adopted in 1998, when technically complex devices appeared in the list of purchases that are not subject to exchange. And if questions and doubts arose, if the phone is considered to be the phone, in 2011, the list added by other goods, which:
In total, at least two characteristics do not allow the phone to return. It is a technically complex device and with it is implemented wireless communication, which is designed for household needs.
There are grounds for the exchange provided for by Art.Art. 8-10, 12, 18 of the Law. They make it possible to return the phone if:
Each of the foundations requires the presentation of proof by the buyer.
Improper quality of mobile
If there are deficiencies in the phone, the buyer has the right to demand:
- Replace it with a similar device;
- Provide the phone of another brand with recalculation of value;
- Reduce purchase price;
- Carry out repair at the expense of the store;
- Return money for the phone.
These rights persist for the buyer if the seller did not inform the defects in advance when buying the seller, which caused the return.
The store has the right before the decision to send a phone to the examination. The withdrawal of a specialist about the causes of malfunction or the resulting defect will be the basis for refusing or satisfying the requirements of the buyer. The legislator provides the seller for 30 days to conduct an examination.
The procedure for eliminating deficiencies is established by the provisions of the contract of sale. If these conditions do not seem possible, the parties may conclude an additional agreement. The lack of components for repairs for repair is not a good reason to extend the deadline for troubleshooting, do not justify the protracted phone return.
Without good reason
Intention to return the phone without a good reason means that it does not fit in color, dimensions, form and other characteristics, although the device itself is operational, without defects. Often the purchase is being done under the influence of momentary desires, such an acquisition is rapidly. Awareness comes a little later when the family budget is calculated.
- The store loyally refers to regular customers;
- The ability to return pre-stipulated;
- The purchased phone turned out to be counterfeit;
- Consumer rights are violated for information.
The first two reasons depend on the policy of the seller, which provides consumers additional opportunities when making purchases. Loyal attitude to regular customers is often found not only in large retail chains, but also in ordinary stores.
specifically about whether you can hand over the phone back to the store, if not liked, you can read in a special article prepared by our version.
The counterfeit phone means that it is delivered to the country illegally, its implementation is officially prohibited. However, it does not interfere with selling such devices due to the high margin on them. Install, whether the mobile phone is counterfeit, you can on its registration number and verification of IMEI on online bases.
Proof of consumer violations on information is the documentation for the telephone. She can be in a foreign language. Another option is a Russified Small Document, there is no translated book with a detailed description of the device and instructions for its use. This gives grounds for returning the purchase on the basis of Art.Art. 8-10, 12 of the Law.
For what period of goods are subject to exchange?
7 and 14 days of return of the device, which is in proper condition, is allowed only if the court or the store:
It should not be counting exclusively for this, such an approach is found from year to year less and less. The faulty phone can be changed within 15 days if the defect is insignificant or throughout the entire warranty period, in the case of:
- It identified a significant drawback;
- The timing of the defect is broken;
- If within one year, when the warranty operated, the device was repaired more than 30 days.
The maximum repair period allowed by the legislator should not exceed 45 days. Exception. the seller and the buyer have concluded an additional agreement to extend the time for troubleshooting. Specified 30 days for repairs for one year, when the guarantee was operating, may not be one time. That is, if the consumer gave a mobile phone for repairs throughout this period, twice, and it took 15 and 16 days to eliminate deficiencies, respectively, it has the right to exchange or refund.
On the topic of the return of the smartphone for 14 days special material was prepared. we advise you to familiarize yourself.
Consumer Protection Law
Answering the question whether it is possible to return the phone to the store, if not liked, it should be selected for the reason for discontent with the purchase. It’s one thing when the phone did not meet expectations, and completely different. if the advertisement of goods objectively selected, instead of the stated characteristics, the device does not produce half. These are different cases, each of which identifies special rights and obligations from the participants of the sale.
Before you go to the seller, it is recommended to familiarize yourself with the norms of the law on the protection of consumer rights (hereinafter. the law). If the goods simply did not like, this case describes st. 25 law.
While contacting the seller, you need to submit a check (cash or commodity). His absence does not mean that the buyer is deprived of the right to exchange. Other evidence, confirming that the purchase is made in this store and during a two-week term, for example, testimony of witnesses, recording camcorders, confirmation of store sellers.
The following conditions must be followed:
- Buying not used.
- Preserved its commodity.
- Consumer properties have not changed.
- Not damaged factory seals, labels.
That is, if you apply it all to the phone, then you can pass it before they started using them. Literally opened the box, turned on, looked, checked performance, work camcorders, sound. If, after a demonstration, any of the parameters declared above did not satisfy, it can be changed. In the case when the device used, the exchange of the phone will be more difficult.
Is it possible to return the phone to the store if I did not like? The law provides for another reason for the return of the phone. there were deficiencies in it (st.eighteen). In this case, the buyer may require:
The store has the right to immediately satisfy the requirement of the consumer or first send a phone to the examination. According to her results, the seller is determined with the decision. to satisfy or refuse to the applicant, find a compromise option.
There is a question on the return of the phone back to the store?
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Another feature that should be taken into account. the legislator has identified the list of those subjects that cannot be returned after the purchase. This also applies to technically complex devices. In court practice, an ambiguous attitude about whether the phone is considered to be such a device or not.
Therefore, before submitting the claim, it is recommended to consult with a local lawyer regarding the practice of handing the phone back to the store. In many cases, practicing lawyers agree that the phones are included in this list, so you can return money or exchange the phone only because of the device defect or at the discretion of the seller.
Refund without good reason
The above-mentioned Article 25 of the Law provides for the reasons why you can return the phone to the store. In accordance with this norm, the exchange of purchases is possible if:
These criteria are sufficiently subjective, on any phone even the most recent model of the eminent manufacturer, it can be indicated that its forms of non-painty, and the color is not suitable for cover or clothing. Therefore, the buyer has a formal reason to return the phone, hiding behind one of the indicated reasons.
But this is suitable only in those regions in which the courts do not include phones to technically complex devices, consider customer requirements for the exchange fair. In addition, in the case of buying through an online store, the law provides for the return of any non-food product without a good reason. The main requirement is to meet the delivery time to the store.
Another technique that can be used in conjunction with the previous or independently. check the device by IMEI. As a result, it may be that a purchased phone. counterfeit, namely:
Based on these data, contact the seller and demand the return of money. Here you need to be guided by.Art. 8-10, 12 of the law, the provisions of which indicate that the buyer must be informed relative to:
If the phone is not intended for use in the territory, it can create problems in the future. For example, services will refuse to take such a device for maintenance, warranty repairs.
In the case of checking on IMEI, it may turn out that the phone is not counterfeit. Then you should resort to another tricks. pay attention to the instructions for the phone. Often it is written in a foreign language without Russian translation or it is formally implemented on one or two pages. This can be used as an argument about the absence of complete information about the device, gives the base to pass the phone back to the store.
The next day
To understand, I liked buying or not, just a few minutes or hours. The next day, the buyer must decide what he needs is to return money or exchange the phone to another, and on the basis of the analysis of the provisions of the law. is it possible to return the phone to the store if I did not like. If you proceed from the fact that the purchase refers to technically complex devices (putting the hand on the heart, so it is, surprises the position of some vessels that are considered otherwise), you will have to ask. Arguments All those specified above.
Since 2011, a list of devices that are not refundable includes goods that have a touch screen or used for domestic wireless communications. All this applies to mobile phones.
From when exactly they turned. every other day or a week, the situation does not change significantly. A good phone can be changed or returning money for it only at the discretion of the seller. Another option is to establish that counterfeit products purchased or prove the violation of the provisions.Art. 8-10, 12 of the law (failure to provide information).
Technically complex goods
The law is determined that the buyer reprovels the phone to the store in 15 days (for ordinary things for one day less). After sending a smartphone to the store is permissible when:
- There was a disadvantage relating to a significant (preventing the use of goods for its intended purpose);
- The duration of repair exceeds 45 days;
- The thing was not used within a month for one warranty year due to repair.
Return money for a defective phone, assigned to complex things, you can. Cash transfer time standard. 10 days.
Instruction, if you refuse to give money
Sometimes sellers enjoy the legal illiteracy of their customers and refuse to return funds for poor-quality goods. In this case, it is necessary to act as follows.
Step 1. If I could not solve the question with words, then to the store address should be sent a written claim. In the future, it may be needed in court.
Usually such a document is compiled in arbitrary form in the name of the store director. At the same time, it must include the following information:
- Seller information (full name of the cabin and address) and personal data of the buyer (FULL NAME, address, phone).
- Document’s name.
- Date to make a purchase, name and serial number of the phone, as well as its value.
- The nature of the fault and after what time it manifested.
- Request for the return of money or replace faulty mobile. It is recommended to indicate a reference to the relevant norm of the Law “On the PRP”.
In addition, the complaints should be attached to the check, as well as the warranty card.
Step 2. If the store continues to ignore the requirement for the return or exchange of poor-quality product, the next step is to appeal to help in Rospotrebnadzor (state body engaged in the protection of consumer rights). To do this, it is necessary to make a corresponding statement in which it should describe the essence of the problem.
Step 3. on the fact of the complaint received, specialists of Rospotrebnadzor will have to check the cellular salon where the phone was purchased and take concrete measures.
On how to file a complaint to Rospotrebnadzor, special material has been prepared. we advise you to familiarize yourself.
Step 4. If the appeal to the consumer protection authority did not bring due results, then the following instance in which the client may turn to, is the court. To do this, it is necessary to prepare the statement of claim and attach the following documents to it: