How to return a mobile phone to a store. We study the legal framework. Can I (do I have the right) to return a mobile phone to the store if I didn’t like it, didn’t like it, didn’t fit?

How long does it take to return the phone? , if it's broken or it just doesn't fit.

Sometimes deficiencies are discovered that were not known about. How to behave and what to do.

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Legislation

Buying a phone today is not just a choice of communication means, but also a device that combines a PC or something else, for example, a means of accessing the Internet. Phones are attractive because they combine many functions and allow you to do many things at once.

This feature also has a downside: the more complex the thing, the more likely it is to discover a hidden defect or it may not be entirely suitable. It is not possible to fully study a sample in a few minutes.

Reviews on the Internet are not interesting to some, while others find them unreliable. In the end, everyone has their own view of things and their quality.

The main act regulating these issues is the Law “On the Protection of Consumer Rights”, and a number of government acts, in particular trade and a list of technically complex goods, as well as the features of their circulation.

These include mobile phones, washing machines and other digital and electronic devices.

The law gives several options to the buyer:

• exchange the product if it is of appropriate quality
• exchange the product if it is defective
• get money back
• Part of the amount is refunded if the product has defects
• the buyer is paid for repairs or reimbursed for repair costs

If a new product is cheaper or more expensive, the buyer receives an additional payment accordingly or, on the contrary, pays extra himself.

The legislation gives a period during which the buyer has the right to return the purchase or change it if he does not like it - 14 days.

Providing a warranty period gives the consumer the right to restore his rights and compensate for damages within this period. If nothing is said about the warranty period, then the time period for making claims is 2 years.

How long you can return the phone after purchase depends on the reason that prompted you to contact the store.

In a situation where two weeks have passed after the purchase, only claims remain related to defects that were previously unknown and could not be discovered in the store; they were also not specified at the time of purchase.

Claims may be made against the seller within 2 years, even if the warranty is given for a shorter period, provided that the defects were not the responsibility of the buyer.

A defect is considered significant if it cannot be eliminated and it appears repeatedly after repair work. The time and money spent on repairs makes the purchase pointless.

How to defend your rights

The algorithm of actions consists of writing a statement or claim outlining requests to the store or seller, if it is an individual entrepreneur.

The drafting of the document is determined by the goals that the buyer has set for himself. A claim regarding a telephone or a piece of jewelry is different.

The buyer also has the right to declare one of the requirements between which the law offers him a choice. For example, you cannot ask to change the product and return everything at the same time.

The claim states:

• to whom is it and from whom
• problems encountered are described as thoroughly as possible
• formulate your requirement to the seller
• Signature and date

A copy of the receipt and copies of other documents confirming the purchase should be attached.

The paper is drawn up in 2 copies, on one of them there is a mark indicating that the document has been accepted by the store.

If repairs are required, according to the law, they are limited to 45 days; the parties have the right to determine a different time.

How long can I return my phone to?

This is the only question that interests buyers.

While a technically complex product is being repaired, the store is required to provide a similar product for use.

Every time documents are drawn up, the consumer needs to ensure that all dates and circumstances are reflected as they happened.

Otherwise, there will be no reason to complain about the delay in repairs and other actions.

Product examination can be carried out by independent centers that have the appropriate permits, certificates, and licenses.

The Consumer Rights Protection Society will tell you how long it will take to return the phone after purchase. There are many such organizations; lawyers working in the field of consumer rights protection also practice.

Contacting a specialist will help you defend yours. People sometimes lose cases due to ignorance of basic issues. Formalities in jurisprudence are of considerable importance.

Submit your question in the form below

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A modern person cannot imagine his life without a mobile phone. For most people, a telephone is not only a way to communicate during a conversation, it is also an e-reader, a player, access to social networks, and so on. Therefore, when purchasing a mobile device, a person often does not think about how to return the phone. But after a few days of use, defects may appear, or the device may not be suitable for the owner for a number of reasons. In this case, the buyer thinks about returning the goods. However, not every person understands the intricacies of the Legislation of the Russian Federation and has complete information about their rights.

Our qualified lawyers will help you understand the situation from a legal point of view.

Ask your question on the website and our specialists will contact you shortly.

Many mobile phone stores refuse to return money, arguing that mobile phones are complex technical products and cannot be returned, and the only way to correct defects in the product’s operation is to return it under warranty within 14 days. However, such actions of store representatives are illegal, because The phone can be returned, but subject to some nuances.

When purchasing a phone, you must keep the receipt, box and its contents in proper form, otherwise the return procedure becomes more complicated. The law gives consumers the right to contact the point of sale of the gadget within 14 days, not counting the day of purchase. Store employees will offer to undergo an examination to identify the causes of the problem. It is not recommended to do this without accompanying documents. The Law states that for consumers, the basis for returning products may be the fact that they did not like the phone in appearance or functionality.

First of all, you need to draw up a claim in 2 copies. The claim form can be taken from the seller or drawn up in any form addressed to the head of the organization where the appeal will be submitted.

The claim must include the following information:

• phone brand;
• place of purchase of the goods (store, address, etc.);
• Date of purchase;
• description of the product malfunction;
• put forward demands: exchange, return money, repair, etc.

One copy remains with the buyer with a note indicating acceptance of the claim by the seller, the second copy is transferred to the store. The salon representative is obliged, in the presence of the client, to draw up a report describing the external condition of the phone; such actions are dictated by the law on “Protection of Consumer Rights”.

If you agree with the specified description, you can sign and receive a copy of this act.

Based on the claim and the report, an examination is carried out, which takes no more than 45 days. If the buyer is not to blame for the failure of the phone, the store is obliged to satisfy the requirements no later than ten days. The review committee may also decide that the client is at fault. Then it is necessary to conduct an independent examination and file a claim with the judicial authorities.

What the law says

In Article 502, paragraph 1 of the Civil Code of the Russian Federation, you can find confirmation that the buyer has the right, within a 14-day period after the day of purchase of the goods, to return the money or make an exchange. If the new phone exceeds the cost of the returned one, the client makes an additional payment. Article 25, paragraph 1 of the PSA stipulates the possibility of returning products of proper quality within 14 days starting from the next day of purchase. The buyer has the right to return the money or make a compromise with the communication store.

There is also a list of “Technically complex goods”, but mobile gadgets are not included in it. The average person considers a mobile device to be complex in its functionality, but this is not enough for the store to rely on this and refuse to satisfy the claim.

The list of “Technically complex goods” is publicly available on the Internet, where every consumer can familiarize themselves with the products included in it. You can also download the List on our website.

Phone return options

Returning the phone is easy if you resort to the best option - concluding a compromise solution. Such an approach for consumers means resolving the issue in a short time, if no more than 14 days have passed from the date of purchase, not counting the day of purchase. To begin with, the client should describe the situation to the representative of the communication store. It is worth noting that sellers do not resolve such issues, so you can contact the salon administrator or manager.

It is necessary to understand that the conversation with the store and the buyer should be conducted in the spirit of exchange, and not return of goods, because This procedure is more effective than the store will return the money. That is why this method is called “compromise”.

If the store insists on receiving an expert opinion, based on the fact that the product belongs to the list of technically complex goods, the buyer needs to write a statement addressed to the manager. In the complaint, please include all information regarding the purchase. However, the previously purchased phone must be in perfect condition (scuffs, chips, scratches are not allowed, according to the law).

Practice shows that it is possible to return money for a mobile device within 14 days from the date of purchase, not including the day of purchase. After this period, the money is often not returned, but warranty service is provided.

Returning the phone

Products of poor quality are those that have external damage. Such a product can be returned to the store only under warranty conditions. After drawing up the report (1 copy of which remains with the buyer), the phone will be sent for examination, where the cause of the malfunction will be identified. If, based on the results of the examination, the commission comes to the conclusion that the malfunction of the gadget was caused by the owner’s negligence, the product will be returned without repair work and marked “removed from warranty.” If the failure is caused by the manufacturer, the device will be repaired and returned to the owner within 45 days.

It is worth noting that some stores offer customers to independently deliver the phone to the manufacturer’s warranty department, providing this is done promptly. The consumer is not recommended to do this. According to the Law “On the Protection of Consumer Rights”, the seller independently and at his own expense delivers the products to the warranty department and conducts an examination, based on the concluded agreement with the manufacturer.

There are also two types of product returns under warranty:

1. Returns within 14 days of purchase, not including the day of purchase. Based on Article 18 of the Law “On Protection of Consumer Rights”, the buyer has the right:
   • return money for purchased low-quality goods;
   • You can insist on having your phone repaired under warranty;
   • demand a reduction in the price of the phone.
2. Return of the phone after 14 days from the date of purchase, not including the day of purchase. Such a return can be made if: a significant defect is discovered in the mobile device that interferes with the correct operation of the phone; if the service period under the product warranty exceeds 45 days.

Based on the above conditions, the consumer has the right to request a refund from the store for the purchased phone, exchange a mobile device and other rights.

If a recently purchased phone fails for some reason, the consumer should not rush to have it repaired, especially at a cost. It is important for consumers at this moment to contact the store with a request to exchange the device for a similar one, or carry out repairs under warranty. After the time specified by law, the buyer will receive either money or a new device if all conditions for using the phone are met. Experts recommend closely monitoring the operation of your mobile device for a 14-day period.

It's a familiar situation - you've finally purchased the cell phone you've been wanting for a long time and choosing carefully. And now he’s yours, and you… don’t like him. What should I do - accept the situation or try to return the phone to the store, or maybe exchange it for another model?

It's good when a brand new phone brings only joy

Indeed, this happens. For many reasons - maybe you didn’t like the operating system, or the device turned out to be too functionally complex, and the sound level was too quiet, or the phone’s dimensions are not suitable and fit awkwardly in your hand.

It also happens, for example, that a child is given the same phone as a birthday present that he already has. And there may be many such “or”s, but the fact is a fact: you no longer need this phone, and you would like to return it back to the store. But is it possible to return a working phone, and if so, how? Let's figure it out.

Please note - this article will only cover return cases. good new phone. Returning a faulty device is carried out according to different rules!

What the law says

If we turn to the Civil Code of the Russian Federation, then clause 1 of Art. 502 of this legislative act establishes that the buyer can, within 14 days from the date of purchase of a non-food product (unless, of course, a longer period has been agreed upon), exchange it for a similar one, but of a different size, shape, configuration, or color. If there is a difference in the cost of the returned product and the one taken for exchange, the seller makes a recalculation.

Now let’s find out what paragraph 1 of Art. tells us. 25: the consumer, within 14 days, has the right to exchange a non-food product of proper quality for a similar product. However, this rule does not apply to goods that are listed in the List established (it concerns non-food products of good quality that cannot be returned).

Let's look at the List: its clause 11 stipulates that it is impossible to return some types of serviceable equipment if it belongs to technically complex goods.

This raises two questions:

1. Is a cell phone listed among the types of equipment listed in paragraph 11 of the List under consideration?
2. Does it belong to technically complex goods?

The answer to these questions determines whether a working cell phone can be returned.

Is a cell phone a technically complex product?

Let us turn once again to the above List according to Resolution No. 55. In it (see paragraph 11), of everything that is more or less suitable for cell phones, included telephone sets and radio-electronic household equipment.

More recently, lawyers used the following arguments to justify the fact that a cell phone is not a technically complex product. According to the All-Russian Product Classifier OK 005-93, as well as the Certificate of Conformity, cell phones are products that have the official name “wearable transceiver radio station”, which is assigned OKP code 65 7140 (the name “cell phone” is household, everyday). This means that the cell phone belongs to the class of goods called “radio communications, radio broadcasting and television of general use”, and does not belong to radio-electronic household equipment (the codes of which are completely different - OKP 65 8000-OKP 65 8900). In addition, a mobile phone is not a telephone device with an OKP code of 66 7310. Thus, cell phones are not listed in paragraph 11 of the above List.

Similar explanations were contained in the document published on October 22, 2010 on the official website of Rospotrebnadzor. It also stated that sellers do not have the right to refuse a consumer an exchange of a working mobile phone. Then a detective story happened with the letter - it mysteriously disappeared from the site, and in its place there was an explanation that the publication of this letter was a technical error. How it can be a technical error for an authoritative government body to explain legal issues is incomprehensible.

However, today it is pointless to present these arguments, although they continue to be published on many sites. My article also previously talked about the defensive line built on this position, but now the situation with the exchange of phones looks different.

The fact is that since 2017 OK 005-93 has lost force, and in its place OK 034-2014 (OKPD2) was introduced, which contains a completely different classification and other codes, for example, code 26.30.22 " Telephone devices for cellular communication networks or for other wireless networks" Therefore, it is practically useless today to insist on the fact that cell phones are not listed in clause 11 of the List under Resolution No. 55.

True, we still have a second question and a small clue that cell phones are not technically complex goods. The fact is that a special List is dedicated to such goods, another one - to. In it, cell phones are not directly named, but the meaning is still implied. We’ll look at how to build a line of defense on this lead a little later.

In the meantime, let's move on to possible ways to return a working cell phone.

Method 1: find a supposed compromise

Why supposedly? Because you ultimately get what you want, but you also make a concession to your “rival,” i.e., the store (in this case, the compromise is that you want to exchange the phone and not return the money). Compromise is perhaps the best and least expensive solution to any problem.

Try to describe your situation to a representative of the store where you purchased the phone and ask to exchange the phone for another, more suitable model. It’s better to talk not with ordinary sellers (they don’t decide anything and only know the memorized phrases “do’s and don’ts”), but with senior employees.

This option is more suitable for large retail chains, where customers are often accommodated. In a small online store, you will most likely be refused to exchange your phone. It is better to contact the seller with a request specifically to exchange the phone, and not to return it - after all, no one wants to return the money, but the exchange is a more “painless” procedure for the store.

Trying to “find” a compromise with the seller, still show your firmness and competence. Communicate with him not beggingly, but not in a dismissive and defiant manner. The conversation can be conducted in the following direction: “Unfortunately, the phone did not work (give the reason). I am your regular customer, I really like your store, I plan to continue to buy equipment from you in the future, I don’t want to cause you problems, but I also find it very inconvenient to use this phone. In addition, you know, the issue of returning a cell phone is very controversial. At one time, even Rospotrebnadzor said that it could be returned within 14 days. Let’s not waste each other’s time arguing and find a compromise with you - for example, we won’t return the money, but exchange it for another model.”

Method 2: file a claim

If the seller still insists that the cell phone cannot be returned or exchanged, try writing a claim to the store manager. In this case, we will be guided by our clue, which we wrote about above. Please note that this option is only suitable if you have not used the phone and have kept it in its “pristine” form (according to paragraph 1 of Article 25, you cannot return a “slightly used” product).

A sample claim can be downloaded below:

If the seller does not agree to satisfy your demands, and you decide to actually go to court, remember that today there is a single judicial line on the question “Is a cell phone a technically complex product?” does not exist. Therefore, things can turn out both in your favor and vice versa. However, a citizen does not have to pay a state fee for considering cases on the protection of consumer rights, so if you lose something when the issue is resolved not in your favor, it will only be time.

To improve your chances in court, search the Internet for positive court decisions on this issue and list them in yours as an example for the judge. Please also pay attention to the article Here you will find copies of court decisions in favor of buyers who managed to return new equipment due to the provision incomplete or unreliable information by the seller.

Method 3: providing incomplete or false information about the product

Using this method, you can return your phone even if you have already used it a little. According to paragraph 2 of Art. 10, the seller is obliged to provide reliable information about the product, including its consumer properties. If such information is not provided to you, or it was incorrect, the buyer, in accordance with paragraph 1 of Art. 12, may demand a refund of the amount paid for the goods. Therefore, if you can prove that when choosing a phone you were guided by the presence (absence) of a certain characteristic, and when purchasing you were provided with false information about it, based on the specified provisions of the law, you will be able to return the phone.

This return method will also work if the phone was equipped with instructions in a foreign language (without translation), as well as a brief rather than detailed description. For modern phones, by the way, this is very important - many of them come with a small piece of paper, not a booklet with a detailed description of all functions and capabilities. And if there is no detailed information, then the conditions of the law are not met. When resorting to this method, keep in mind that you will need to enlist the support of witnesses. And, preferably, these are not relatives.

An approximate form of a claim in this case would be:

Let's summarize.

Before contacting the seller with a demand to exchange or return a cell phone, you need to decide on the chosen position of protecting your rights: either you insist that the phone is not a complex product, or you were misled about its functions (or were not given detailed , clear instructions). I would advise you to choose the second position: today it is very, very difficult to prove that a touchscreen cell phone is not a technically complex product.

In any case, it’s not worth trying one option first and then the other. Especially if you plan to defend yourself further in court. In this case, the store will submit all your statements to the court as evidence of your uncertainty. And it will immediately become clear that you do not have a reasoned position, you just want to return the phone, which has become unnecessary to you, to the store by any means necessary.

Many of us have encountered this situation: we bought a phone we liked in a store, and when we brought it home, we realized that it was not at all what we wanted. What to do in this case, is it possible to take the product that did not suit you back to the market and get your money back? Let's look at the solution to this problem in this article.

The well-known Law on the Protection of Consumer Rights, namely Article No. 25, regulates this provision - the user has the right to return the product he does not like back to the market within two weeks from the date of its purchase.

The legislation also establishes a list of non-food products that are not subject to return, these are:

• jewelry and jewelry;
• personal hygiene items;
• pharmaceuticals;
• vehicles;
• animals purchased from pet stores;
• technically complex subjects.

As we can see, this list does not include mobile phones, which means the seller has no right to refuse to accept this gadget back.

So, is it possible to return the phone to the store if you don’t like it? Of course it is possible, but only if the following factors are met:

• The gadget is returned no later than two weeks after it was purchased;
• if the product has not been used and its presentation is not damaged;
• if the cell phone equipment, as well as all its documentation, are saved;
• You have in your hands a sales receipt for the purchase of this mobile device.

How long can I return my phone to the store?

According to Article No. 25 of the law that protects the rights of customers, it is quite possible to return a working phone to the store within 14 days. To do this, the consumer must personally come to the market where he made the purchase and write a corresponding application for the return of the goods. He must take with him the purchased product in its entirety, as well as the sales receipt. Next, at the point of sale, the client will most likely be offered to exchange the purchased products for goods of equal price. If such a product is not available, then the seller is legally obligated to reimburse the cost of the gadget.

If the phone is faulty, how to return it to the store?

Another pressing question for most consumers is how to return the phone to the store if it is faulty within 14 days? All customers who have purchased a defective product at a retail outlet have this right. Firstly, all electronic products have warranty cards for a certain period of time. Secondly, if the buyer receives a defective product, then, in accordance with the law, it must be exchanged without hesitation for a similar, working product. If the seller refuses to fulfill his obligations towards the client, then the consumer has the right to make a corresponding claim to the market management.

How to return a phone purchased on credit?

The same applies to mobile gadgets purchased on credit. Guided by Article No. 25 of the act on upholding user rights, within 2 weeks the client has the right to return the product and receive funds for it back to his credit card. If the consumer took out a loan from a bank to purchase a mobile phone, then it is returned to the seller as follows:

• the client writes a statement to the head of the retail outlet indicating the reason for termination of the loan agreement;
• then the market within 10 days returns the amount paid to the bank account;
• The buyer also gets his down payment back.

Is it possible to return the phone to the store under warranty?

If the phone is under warranty, the customer has the right to return it throughout the entire warranty period. Moreover, if the return occurs within 14 days from the date of purchase of the gadget, then the consumer has the right to count on full compensation for his money spent. In the event that more than two weeks have passed, but the warranty period has not yet expired, the retail outlet will bear the cost of repairing the product, or the buyer will be offered an exchange of the product for an equivalent product.

How to return a phone to an online store?

The legislation on the protection of customer rights is valid equally for both regular and online stores. A mobile phone purchased online can be sent back by mail within 7 days after receiving it. In this case, the Internet resource is obliged to return the money to the user within 10 days after receiving a refusal from the gadget. If the online market violates these obligations, the client has the right to go to court.

If you don't like the phone, can you return it to the online store?

Article No. 25 regulates that the user can return the purchased product back to the store within 14 days, even without giving a reason. Products purchased via the Internet are no exception. However, here the terms for returning a mobile phone are slightly different - no more than seven days from the period of its receipt at the post office or by courier delivery.

Fortunately for ordinary buyers, in accordance with Article 25 of the Law “On Protection of Consumer Rights”, you have the right to return your cell phone to the store within 14 days if it is found to be of inadequate quality, faulty or defective. Return and exchange of a mobile phone under the consumer protection law To exchange non-food products, you need to know the basic requirements:

• No more than 14 days have passed since the date of purchase, excluding the day of purchase of the product;
• The external presentation, packaging, and purchase receipts that confirm the purchase have been preserved;
• The mobile gadget is of poor quality or has a manufacturing defect.

In the Civil Code of the Russian Federation there is article No. 502 and article No. 25 of the Law “On the Protection of Consumer Rights”, thanks to which the consumer has the right to return a cell phone if it is found to be faulty to the place of sale where it was purchased.

Return the phone within 14 days

• Can I return a mobile phone within 14 days?
  • How to return goods within 14 days without giving reasons according to the law?
• Return of technically complex goods
  • How to return a product within 14 days: important nuances of the Consumer Protection Law
• Law on returning goods within 14 days - which article of the law applies?
• Can I return my phone to the store?
• Laws of the Russian Federation 2018
• Consumer rights when returning goods of proper and inadequate quality

Can I return a mobile phone within 14 days? This category includes complex technical products and, in particular, navigation devices, wireless communication devices for household use, satellite communications, and multifunctional devices with touch screens.

Return the cell phone to the seller within 14 days

• List of goods of good quality that cannot be returned
• Is mobile included in the list?
• Reasons for return
• Conditions for returning goods
• Procedure for returning a cell phone
• What should I do if my return is refused?

List of goods of good quality that cannot be returned This list includes goods that cannot be exchanged or returned even in the first 14 days, if the buyer simply did not like their functionality, but are of high quality. The list is divided into three large categories: food, non-food and technically complex.
Most sellers refuse to return a mobile phone, citing the fact that it belongs to the third category of non-returnable goods.

Returning a mobile phone to a store

How can a technically complex device that is defective be returned within 2 weeks from the date of purchase? The buyer may request a refund for a defective mobile device purchased within fourteen days after its purchase, as well as during the entire warranty period, if several important rules are met. In order to return a faulty mobile device, the buyer must submit a written complaint to the store management.

Law on returning your phone within 14 days 2018

From a legal point of view, the belonging of push-button telephones to complex technical goods cannot be proven one hundred percent, and such a decision can always be challenged. As for smartphones and mobile touch phones, they can be returned during the warranty period only if a significant malfunction or defect is detected in the device that affects its performance.
How can you return a smartphone if its quality is as stated? A working mobile phone can be returned within fourteen days if the buyer can prove that the seller misled him during the purchase by providing incorrect or incomplete information about the technical capabilities of the product or its functionality.

How can I return a mobile phone to a store?

• Returning a quality phone
• Returning a phone of poor quality
• Return of technically complex goods
• Samples of claims for returning goods

Returning a quality phone The Law “On the Protection of Consumer Rights” (hereinafter referred to as the Law on the Protection of Consumer Rights) allows you to exchange a phone if it does not suit the buyer in size, shape, style, color, configuration or other consumer properties. This can only be done in the first 2 weeks after purchase (counting starts from the day following the day of purchase).

Is it possible to return a cell phone to the store within 14 days?

Cell phone return policy

If the warranty has already expired, then the buyer himself must organize an examination of the phone for the presence of a defect (if less than 2 years have passed since the date of purchase);

• When the seller, as a result of an inspection, finds out that the defect arose due to the fault of the buyer, and he does not agree with this, the buyer has the right to appoint a new, paid examination. If she confirmed the results of the store check, then the buyer pays for it (also the costs of storing the phone and its transportation).

Otherwise, based on the results of the examination, you can file a lawsuit against the seller (or attribute the results of the examination to him and try to negotiate peacefully);

In addition, the buyer can request that the defects in the product be eliminated. Return or exchange of a phone after 14 days from the date of purchase Judicial practice in the consideration of disputes related to the return of technically complex goods, reflected in the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 28, 2012 N 17 “On the consideration by courts of civil cases in disputes regarding the protection of consumer rights” Review of judicial practice of the Supreme Court of the Russian Federation No. 4 (2016), approved by the Presidium of the Supreme Court of the Russian Federation on December 20, 2016, indicates that smartphones and cell phones can be returned after a 14-day period only in exceptional cases.

Contacting the seller with a written statement (claim) If defects are discovered, the buyer must decide on the type of request (return of the goods and receive money or exchange) and submit a written statement to the seller. The claim is drawn up in two copies, one of which remains with the buyer, and the other is transferred to the seller.
The claim can be given to the seller in person or sent by mail with acknowledgment of delivery. When delivering a claim to the seller, it is necessary for the seller’s representative to indicate the date of its receipt on the second copy. Based on the application, the seller is obliged to accept the goods and, if necessary, check its quality. In the event 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 buyer has the right to take part in checking the quality of the goods, as well as to be present during the examination.

As for smartphones and mobile touch phones, they can be returned during the warranty period only if a significant malfunction or defect is detected in the device that affects its performance. How to return goods within 14 days without giving reasons according to the law? Knowing your own rights and obligations of the other party will help you avoid unpleasant, fruitless disputes, and, most importantly, you will be able to get your money back and protect your interests.

If the product is of poor quality, there are much fewer problems with returning it. Here the seller, as a rule, accepts complaints and does not dispute obvious defects.

Returning a technically complex product is a defect that reappears after repair. The deadline for eliminating the defect has been violated (repair lasts more than 45 calendar days).

Return of a touch phone within 14 days law 2018

I bought the phone and didn’t like it, can I change it? It’s been 14 days

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Two cases can be considered:

• return of a working one
• return of a faulty device.

The law states that a working cell phone cannot be returned to the seller and received money for it. However, you can find a compromise with the seller, and he can make a concession to the consumer and give the opportunity to choose another technique. In the case of faulty equipment, the buyer can make a return within fourteen days from the date of purchase. At the same time, it is unlikely that sellers will return money for the purchased goods, but on the contrary, they will offer to replace the defective item. If the buyer wants to return a working device, he can come up with some justification for the exchange.

How to return a working cell phone to the store?

• minor damage;
• The device does not hold a charge;
• weak keys;
• poor quality of the smartphone panel and so on.

How to return a phone if you don’t like it It’s very difficult to return a working mobile device.

F_e_d_o_r_o_v

The seller may insist that the mobile phone belongs to the category of technically complex goods, and therefore the buyer does not have the right to demand a refund for the faulty device, but can only count on an exchange.
But this can be legally challenged, and the buyer can try to exercise his right to exchange or return the goods.
The seller may decide to conduct an independent examination, but the buyer must remember that such examination is carried out solely at the expense of the seller and the buyer has the right to be present when it is carried out.

The buyer can return or exchange low-quality goods throughout the entire warranty period established by the seller or manufacturer.

Is it possible to return the phone to the store - return procedure

Returning a phone purchased through an online store You can return an unsuitable phone purchased in an online store or by phone before receiving the goods and within 7 days from the date of receipt.
The consumer should contact the management of the online store through a written statement.

The store does not reimburse the cost of delivery of goods in case of refusal, and refunds for the goods themselves occur within 10 days to a bank card.

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The last paragraph provides for writing a statement precisely in such situations.
A sample application can be found on the Internet. When can a purchased cell phone be returned to a store? The buyer has the right to return a cell phone to a store within fourteen days from the date of purchase.

This period is established in accordance with the Civil Code of the Russian Federation in Article 502.
Download the Civil Code of the Russian Federation However, the agreement with the store may indicate a different period - the longest.
But, in any store you can make a return within fourteen days, even if the contract contains a shorter period. In general, sellers do not have the right to set a shorter period, since this is prohibited by law, but many ignore this.

When and how can I return my phone to the store?

It is important to remember that you should not contact the seller to return the purchased mobile phone, but rather ask for an exchange.

Then there is a chance that the seller will meet you halfway and exchange the purchased product.

It should be noted that large chain stores are more likely to accommodate customers halfway in resolving the issue of exchanging a purchased device than small local stores.

If the seller does not meet the buyer halfway on the issue of exchanging a mobile phone that is of high quality and does not contain defects, then the law is on the seller’s side and challenging this decision through a claim or court will be quite problematic. A sample claim for the return of goods of good quality can be downloaded here. The complaint is written to the store management; it must describe the reasons that prompted the buyer to decide to exchange or return a working mobile device after purchase.

Is it possible to change a purchased phone within 14 days if it has not been used?

How to return a phone to a store without a reason? Now let’s look at the situation: a client buys a new gadget, then he doesn’t like it and wants to return it for no reason.

The ZPPP states that the buyer can make a return if he is not satisfied with any characteristics:

• color;
• form;
• model;
• operation of the device, other reasons.

Theoretically, the user can return the phone to the store for no reason, but with a caveat: do this no later than two weeks after purchase. There are also groups of products that cannot be returned. Many retail chains classify it as a technically complex device, which means difficulties may arise. If the seller refuses the client, then all that remains is to write an application for exchange/return of products addressed to the manager. Often sellers make a “compromise” - the buyer may be offered to change the device, taking into account the cost of the previous one.

• Is it possible to return a mobile device?
• How can you return a smartphone if its quality is as stated?
• How can a technically complex device that is defective be returned within 2 weeks from the date of purchase?
• Drawing up a claim containing a requirement for the need to return the product in question

Is it possible to return a mobile device? The issue of exchanging or returning working mobile devices due to the fact that the buyer did not like the phone or was not satisfied with the style, color, shape, dimensions, configuration or other characteristics is quite controversial, since it can be assessed in two ways according to the interpretation of the law governing the issue exchange and return of non-food quality goods.

I bought a phone yt I liked it, can I change it? It's been 14 days

You can exchange a phone only if all labels, seals and tags are in place, the packaging is kept in its original form, the device has not been used by the client and is in a salable appearance.

If the store management does not meet the buyer halfway, the buyer has the right to go to court.

Since there is no clear answer to the question of whether mobile phones belong to the category of complex technical goods, the buyer must understand that the solution to the issue can be both in his favor and in favor of the seller. In order to increase their chances of a positive decision, the buyer should seek help and advice from an experienced lawyer who has experience in positively resolving the issue of exchange or return of working mobile phones.

Return the phone within 14 days

A telephone is a rather expensive thing. If the purchased model does not suit you with its characteristics or works intermittently, you have the right to return it to the store where the purchase was made.

In this case, the seller must exchange the device for a similar one, if available, or return the money previously paid. However, in practice, returning a phone is not so easy.

Is it possible to return a phone according to Russian law?

Based on Article 25 of Law No. 2300-I of February 7, 1992 and Article 502 of the Civil Code of the Russian Federation, the buyer has the right to return the non-food item he purchased within two weeks from the date of purchase. This can be done if the phone turns out to be of poor quality.

It is important to comply with certain conditions:

• the presentation of the device and packaging has been preserved (all branded seals and other details are intact);
• there is documentation confirming the fact of purchase (for example, payment receipt, warranty card);
• the device was not used by the buyer (except for the situation when the device was under warranty and was subject to repair).

It is important to indicate in the text the reasons why the device did not suit you. You can return an item without a receipt, but in this case you will need to find witnesses to the purchase (in practice, it is extremely difficult to confirm the fact of purchasing a phone in a specific store without a cash register or sales receipt).

What are the rights of a consumer when returning a phone under the law?

Have you purchased a device of inadequate quality? In this case, the buyer has the right:

• demand reimbursement of costs incurred by the buyer in connection with the repair of the device in another organization;
• exchange this device for a similar one of proper quality;
• replace the device with another model and recalculate the price (if the phone is more expensive, the buyer will have to pay extra, but if it is cheaper, the seller is obliged to return part of the finances);
• demand the return of the previously paid amount of money;
• request the replacement of faulty parts of the device or its repair.

The citizen independently chooses any of the listed options of action.

Legal deadlines for a consumer to return a phone

By law, the return of a phone within 14 days is provided in most cases, but the seller has the right to set a longer period for exchanging goods (this information must be indicated in the contract). The selling organization cannot reduce this period.

If the mobile device is under warranty, but the service center employees were unable to eliminate the defect, the phone must also be returned to the store.

The same applies to the situation when the device is under repair for more than a month during the calendar year. In this case, the return period corresponds to the warranty period, and in its absence, it is no more than two years.

How to legally return a phone to a store?

A mobile device is a complex household appliance, and therefore must be returned only if a problem or any defect is detected that prevents the new owner from using it for its intended purpose.

Below is an action algorithm describing how to return the phone back to the store:

1. draw up the text of the claim, describing in detail the reasons for returning the device (you will need 2 copies of the document);
2. prepare your passport, receipt, purchased phone in packaging with all documents and accessories;
3. contact the seller or store director with the above papers;
4. wait for the money to be returned or the device to be exchanged for a similar one (if necessary, an examination can be carried out to determine the causes of defects);
5. file a complaint with the regulatory authorities (Rospotrebnadzor, OZPP, etc.) or with a statement of claim in court to forcefully collect money from the defendant if the store refused to return your funds.

If you do not have a receipt or payment receipt, you can confirm that you made a purchase in this store using testimony. To be used as evidence, the testimony must be recorded in writing. The document must also indicate the passport details of all witnesses and their contacts.

Are you not satisfied with the results of the examination? Contact another organization to conduct a re-inspection. If the results are positive, you have the right to file a lawsuit and hold the store accountable.

How to return a phone within 14 days if the product is of high quality?

If the device does not contain any defects, as a general rule it cannot be returned. The only exception is the seller providing false information about the mobile device or not informing the buyer at all.

According to Article 10 of Law No. 2300-I, in this case it is possible to return the phone. In this case, the device must:

• be in excellent working order;
• have a marketable appearance;
• not to be used by a citizen.

In this case, it is important to indicate in the text of the claim what information the seller hid from the buyer. It is advisable to have witnesses to the purchase.

Can I return phone accessories to the store?

This type of product can be returned only in two cases:

• if the seller did not inform the buyer about the characteristics and quality of the accessory;
• if the item is not of proper quality.

In other situations, it will not be possible to return the accessory, even if it was purchased together with the phone. Loss of presentation is also grounds for the store to refuse to return the goods.

Making a claim

When contacting a seller or store director, it is important to have with you a written claim, executed in duplicate, a passport or other identification document (for example, a student ID), and a receipt confirming the purchase at a specific store.

A typical claim must contain the following information:

• Full name and residential address of the buyer;
• name of the store, its actual and legal address;
• description of the phone model;
• reason for returning the device;
• substantiation of the applicant’s position using references to the norms of Russian legislation;
• requirement for exchange of the device or return of funds;
• date of document execution;
• applicant's signature.

Where to go if your return is refused?

You can always leave your feedback about the store in the book of complaints and suggestions. The seller has no right to refuse to provide it to you.

In addition, the information stand should contain contacts of authorities regulating the activities of such organizations (for example, the Society for the Protection of Consumer Rights).

If the seller refuses to return the mobile device, you have the right to send a similar claim to Rospotrebnadzor, the Trade Inspectorate, etc. In extreme cases, the interested party may file a claim in court to force the recovery of money from the defendant.

Is it possible to return a phone within 14 days if the buyer doesn’t like it?

It happens that you don’t like a recently purchased phone and you want to return it to the store, and the sooner the better.

People faced with this problem often ask the question: “Is it possible to return a phone to the store if you don’t like it within 14 days?” In such a situation, a person must know his consumer rights to know how to behave in such a situation.

Consumer rights

Article 25 of the Federal Law of the Russian Federation “On the Protection of Consumer Rights” states that the consumer has the right to exchange or return a non-food product of proper quality within 14 days, excluding the day of its purchase, if this product has not been used before, its presentation and consumer properties have been preserved, and it is not included in the list of goods that cannot be exchanged or returned.

The procedure for exchanging and returning low-quality goods is described in Article 18 of the Federal Law of the Russian Federation “On the Protection of Consumer Rights”.

List of technically complex products

There is a list of technically complex products for which refunds are made only after an examination. This list includes following products:

• light aircraft, helicopters and aircraft with internal combustion engines;
• passenger cars, motorcycles, vehicles with internal combustion engines;
• tractors, walk-behind tractors, agricultural equipment with an internal combustion engine;

Read here whether a laptop is a technically complex product and whether it can be returned.

Is it possible to return a phone that does not fit to the store?

A person who bought a new mobile phone, but for one reason or another it did not suit him, will first of all ask question“Can I return the phone back to the store without explanation if I don’t like it?”

Since a cell phone is a technically complex product and is included in this list of goods, it cannot be returned back to the store or exchanged, even if 14 days have not passed, and even if it is in working order.

You're not happy with the color, it's uncomfortable to hold, you're not happy with the model, you're just tired of it - the phone can be exchanged as an exception, but only within two weeks.

After a two-week period, the seller will refuse to exchange or return the phone to the consumer according to the law.

What documents do I need to provide?

When deciding to return a purchased cell phone back to the store, the consumer needs to follow some rules for communicating with store employees in order to avoid unnecessary scandals and resolve the problem as quickly and efficiently as possible. Algorithm of actions:

• It’s better to come with a demand for a return or exchange of a phone large stores, and not to small points or online stores;
• it's better to talk with superior employee, and not with a sales consultant;

There is no need to speak rudely to the staff, shout, threaten or throw a tantrum.

When contacting a store requesting a return or exchange on the day the phone was purchased, the buyer must provide document, confirming the purchase of this product and the phone itself is complete.

If the buyer applies within the period provided by law (14 days), then he needs to provide identification and write statement with the obligatory indication of the reason why he wants to exchange or return the goods.

A sample application for return or exchange of goods within 14 days from the date of purchase can be downloaded from this link.

Conditions for returning or exchanging a device with faults

You can exchange or return money for a phone with defects, If:

• Refunds are made within 14 days after purchasing the product;
• Buyer using examination proved that the phone is defective due to the fault of the selling party (in case there is no warranty card, and if there is one, the seller must prove the unlawfulness of the buyer’s claims). The buyer has the right to challenge the examination carried out by the seller and appoint a new one;
• The seller could not prove guilt the buyer's phone is faulty;
• Return of goods is possible within 1-2 years under warranty.

Refunds for defective goods are made within 10 days after filing a claim.

If the product was purchased through an online store?

The return of a phone purchased through the online store is carried out within 7 days from the time it is received or at any time before its transmission.

If information about the procedure and terms for returning the goods was not provided to the buyer in writing at the time of delivery of the goods, then the return is carried out within 3 months from the moment of delivery of the goods.

How long does it take to apply?

A cell phone of good quality will be returned within 14 days from the moment of payment for the goods. A cell phone of poor quality can be returned within 15 days after purchasing the product or within 1-2 years under warranty.

The law upholding consumer rights gives the buyer the right to return products of unsatisfactory quality. What to do with technically complex products? How to legally return a mobile phone, read on.

How to return a phone to a store if you don't like it

Let's touch on the legal side of the problem. There is a law that states that any non-food product can be returned within 14 days. However, this act has an addition in the form of a list of goods that are exceptions. It includes personal hygiene items, medical products, household chemicals, textiles, and a variety of electronic equipment.
It is obvious that a modern mobile phone is a high-tech means of communication. It goes straight into the list of sophisticated electronic equipment.

The law does not provide for cases in which the wording “didn’t like it” is sufficient to return the above type of device back to the store.

Question: “Can I return the phone to the store if I don’t like it?” , still has several solutions.

1. Try to discuss the possibility of exchanging purchased products. To do this, you do not need to turn to the law and operate with its formulations. It is enough to voice the reason that prompted you to return. “Too heavy”, “very complex”, “I’m not happy with the dimensions”, “I can’t figure it out”. Offer the seller an exchange for an analogue product at the same price, but of a different color and smaller dimensions. Often, large retail chains accommodate their customers halfway in such cases. This option is best discussed with the director or administrator of the department where the device was purchased. They are the ones responsible for making such decisions. Please note that, of course, you will not be able to get your money back.

2. Refer to the incompetence of the employee who worked with you. For example, that the discrepancy between the technical characteristics and parameters that are important to you was not announced. Or there are no functions announced by the seller. The reason may also be poor quality service: the product purchased on the advice of the seller did not meet the required properties.

3. One of the options is the absence or incompleteness of instructions. By law, every technically complex product must be equipped with a detailed instruction manual. If it does not fully cover the full range of functions of the device, you have the right to receive a replacement.

How long can I return my phone to the store?

Legislative regulations provide for the possibility of handing over low-quality goods within 14 days. The same period (14 days) is determined in order to hand over non-food products of poor quality for other reasons. The wording “disliked” is in this category.

How to return a working phone to the store within 14 days?

All you have to do is come to the sales address. Take with you the box and the entire kit contained therein. The packaging must be intact. Not torn, not wrinkled, without damage, in proper presentation. There is no need to fill out any additional paperwork. Discuss return policies with store management. Remember that the seller may refuse if no compelling reason is identified. But even minor shortcomings, given the overall normal functioning of the device, are enough to make a claim.

If the phone is faulty, how can I return it?

Are you “lucky” to buy a faulty gadget? There is no need to worry about how to return your phone to the store if it is faulty within 14 days.

You will need:

• Packaging, preferably retaining its original appearance;
• Related equipment: headset, charger, instructions;
• Receipt for goods;
• Coupon with a guarantee stamp.

At the place of purchase, you will have to fill out a simple application, indicating the required satisfaction.

The seller has the right to send your gadget for examination, confirming that the malfunction was caused by a manufacturing defect and not a violation of operating conditions. If it determines that the device was not used properly, the return will be refused.

How to return a phone to an online store?

The purchase of any item in an online store is classified as a remote purchase. Products purchased from the online store must be returned within seven days.

There is a special rule stating that the online store is obliged to notify you of the deadline for delivering the products.
If the device was issued at a specialized distribution point, go there. The steps in this case are the same as those you would take when returning products to a regular retail department.

If direct contact is not possible, contact the seller in an accessible way.

If you don't like the phone, can you return it to the online store?

According to the law on remote purchases, this is possible. It is enough to contact a representative of the online store within seven days with a desire to return the phone. Next, you will have to describe in detail the reason why you want to issue a return. You can refer to the same options as when deciding to return a technically complex product purchased in a regular store through a personal visit and payment for the purchase.