Cell phones belong to the group of technically complex products for which there are established special rules their return or exchange in case of detection of deficiencies (paragraph 8, paragraph 1, article 18 of the Law of 02/07/1992 N 2300-1; paragraph 47 of the Rules for the sale of certain types of goods, approved by Decree of the Government of the Russian Federation of 01/19/1998 N 55; p 6 of the List, approved by Decree of the Government of the Russian Federation of November 10, 2011 N 924).

Return or exchange the phone within 15 days from the date of purchase

Having discovered defects in the purchased cell phone (regardless of the significance of the defects), you have the right to return it to the seller and demand a refund of the amount paid for it or its replacement with a phone of the same brand (model, article) or with the same phone of a different brand (model, article) with a corresponding recalculation of the purchase price (clause 3 of Article 503 of the Civil Code of the Russian Federation; paragraph 8 of clause 1 of Article 18 of Law No. 2300-1; clause 38 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of June 28, 2012 No. 17).

Note!

A phone of good quality, for which a warranty period has been established, cannot be returned or exchanged for a similar phone ( clause 11 List, approved. Resolution No. 55).

Return or exchange of a phone after 15 days from the date of purchase

After the specified period, requests for the return or exchange of a cell phone are subject to satisfaction in one of the following cases (clause 3 of article 503 of the Civil Code of the Russian Federation; clause 1 of article 18 of Law N 2300-1; clause 8 of the Review, approved by the Presidium of the Supreme Court RF 12/20/2016; clause 38 of Resolution No. 17):

1) the established deadlines for eliminating product defects have been violated;

2) it is impossible to use the product for a total of more than 30 days during any year of the warranty period due to repeated elimination of its various deficiencies;

3) a significant defect in the product has been discovered.

At the same time, the presence of the opportunity to eliminate the disadvantage of a technically complex product does not in itself mean that such a defect is not a significant defect of the product (clause 9 of the Review, approved by the Presidium of the Supreme Court of the Russian Federation on December 20, 2016).

Reference. Determination of a significant defect in a product

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 ( para. 9 Preamble of Law N 2300-1).

In cases where the warranty period established for the phone is less than two years and you discovered defects after the expiration of the warranty period, but within two years, you have the right to submit a demand to the seller (manufacturer) to return or exchange the phone. To do this, you need to prove that the phone’s shortcomings arose before it was handed over to you or for reasons that arose before that moment (Article 477 of the Civil Code of the Russian Federation; clause 5 of Article 19 of Law N 2300-1).

If significant deficiencies are identified, you have the right to demand that the manufacturer eliminate them free of charge if you prove that they arose before the phone was handed over to you or for reasons that arose before that moment. In this case, the defects must be discovered by you after two years from the date the phone was transferred to you, but within the established service life or within 10 years from the date the phone was transferred to you (if the service life is not established). If the specified requirement is not satisfied within 20 days or the detected defect is irreparable, you have the right to demand that the phone be replaced or returned (Clause 6, Article 19 of Law No. 2300-1).

Protection of consumer rights when the seller refuses to satisfy his demands

If the seller did not consider your appeal or did not satisfy your requirements, you can file a complaint with the territorial body of Rospotrebnadzor (clause 1, article 40 of Law N 2300-1; clause 1, 5.12 of the Regulations, approved by Decree of the Government of the Russian Federation dated 30.06 .2004 N 322; paragraph “c”, paragraph 2, part 2, article 10 of the Law of December 26, 2008 N 294-FZ; Information from Rospotrebnadzor of December 7, 2016).

The condition of prior contact with the seller does not apply to cases of allegations of a threat of harm to the life or health of citizens, as well as the infliction of such harm. In this regard, if you purchased a product that does not meet safety requirements, you have the right to contact Rospotrebnadzor directly (Information from Rospotrebnadzor “On the procedure for conducting inspections upon citizens’ appeals to Rospotrebnadzor”).

If the device does not meet the external parameters or functionality, or malfunctions are discovered, you can return the phone to the store. The Law “On the Protection of Consumer Rights” explains whether it is possible to return a device if you don’t like it, within what period after purchase, and whether a receipt is required.

How to get your money back for a phone depends on the reasons: the device turned out to be of poor quality or you don’t like it anymore. But to transfer money, it is necessary to write a statement indicating the account details.

Marriage

Returning the phone poor quality is carried out taking into account the circumstances:

• for a device with defects, the buyer receives money back and has the right to demand compensation for losses incurred;
• A refund for a phone requires a passport;
• a check is recommended, but not required. If the buyer comes without a receipt, he will need to use witness statements. In addition, all stores are equipped with cameras, so it is not difficult to prove the fact of purchase;
• pass ;

• if disagreements arise regarding the reasons for the appearance of defects, the seller appoints an expert study;
• the buyer may be present during the research - this is his right;
• if the defects are the result of inept handling, the buyer reimburses the costs incurred by the store;
• the buyer has the right to conduct his own examination and challenge the seller’s refusal in court;
• if the warranty period is not established, it is considered equal to 2 years;
• return money for faulty phone The store owes it in 10 days.

Technically complex product

The law stipulates that the buyer must return the phone to the store within 15 days (for ordinary items, one day less). Afterwards, it is permissible to give your smartphone to the store when:

• a significant defect has appeared or been discovered (preventing the use of the product for its intended purpose);
• the repair duration exceeds 45 days;
• The item was not used for a month during one year of warranty due to repairs.

You can get your money back for a defective phone classified as a complex item. Transfer deadline Money standard – 10 days.

How to return a quality device

Gadget lovers often wonder whether they can return a phone within 14 days without explanation, like clothes, and what to do if they don’t like the device. The return of a mobile phone without flaws and defects is carried out in accordance with the general procedure. You can hand over your phone if the following conditions are met:

• visit the store within 14 days;
• The device has not been used and has no corresponding traces.

You can return the phone by agreement with the seller. It is much easier to agree to exchange a new phone for another model or brand with an additional payment if there is a difference in cost. Making an exchange for the store is easier than canceling the transaction completely.

When the seller refuses an exchange or refund, it is recommended to proceed to written communication, that is, write, explaining the situation and the reasons for the request.

According to the Law of the Russian Federation “On the Protection of Consumer Rights,” a phone can be returned if the store, for some reason, did not provide the buyer with full information. This fact is proven by testimony of friends or acquaintances.

If the device came with brief instructions, instead of a full-fledged one, or it was not in Russian, the store violated the provisions of the ZPPP - this is the basis for returning the cell phone.

You can exchange or return a non-food item that is in working order within 14 days, not counting the day of purchase. According to Article 25 of the Law of the Russian Federation “On the Protection of Consumer Rights”, the opportunity to exchange or return a product is provided if it has not been used, there is a receipt or cash register receipt, and if it is not on the List of goods that cannot be exchanged.

To answer this question, you need to refer to the List of goods in the Decree of the Russian Federation No55, which are not subject to exchange or return. Clause 11 of this List lists technically complex household goods and provides examples of them. Among them you can see the names: telephone sets and radio-electronic household equipment.

In this case, experts recommend relying on a certificate of conformity. It states that cell phones are goods belonging to the class “portable transceiver radio station” with the personal OKP code 65 7140.

It follows that cellular telephone falls into the category of “radio communications, radio broadcasting and television of general use”, but not in any way as radio-electronic household equipment. In addition, calling it a telephone would also not be entirely correct. Therefore, cell phones are not included in this List.

But should we take this fact into account? After all, since 2017, OK 005-93 has no force, and in its place OK 034-2014 (OKPD2) was introduced, which contains a completely different category and codes. Among them is the encoding 26.30.22 “Telephone sets for cellular networks communications or for other wireless networks."

But the main clue to the question posed is the fact that cell phones are not directly indicated in the list of technically complex goods, which are covered in a special List of Government Resolution No. 924 in the Legislation of the Russian Federation. Unlike the List of Decree No. 55, cell phones are not included in it, but are implied in the meaning.

This means that there are still ways to return or exchange a working cell phone.

What the law says

If we are guided by paragraph 1 of Art. 502 of the Civil Code of the Russian Federation, then you can exchange the product within the agreed time frame for a similar one, but with a different configuration and color. In case of discrepancy in price, the seller makes a recalculation.

At the same time, in paragraph 1 of Art. 25 of the Law of the Russian Federation states that the exchange of non-food goods of good quality for a similar one is possible within 14 days. But here there is an amendment that this rule does not apply to goods listed in the List of the Government of the Russian Federation No. 55 on goods that cannot be returned or exchanged.

Clause 11 of this List reflects information about the impossibility of returning or exchanging technically complex goods.

When studying this information, two questions arise, the answer to which determines the solution to this problem:

1. Is there a cell phone among the listed goods in item 11 of this List?
2. Is it possible to classify mobile phone How technically complex is the product?

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

If there is a need to exchange a phone, then you can rely on the letter from Rospotrebnadzor “On the exchange of cell phones,” which states that cell phones are not goods that cannot be exchanged within 14 days. However, you need to take into account the fact that the product is being replaced rather than returned.

After all, the possibility of a return is provided only in a situation where the store does not have a phone that meets all the criteria for the buyer.

Nobody needs court battles. Therefore, most often the management of large stores agrees with the buyer’s requirements. This reinforces the likelihood of returning the purchase within 14 days according to the PSA.

• FULL NAME. And Contact Information buyer;
• product name (in full);
• buyer's requirement with clear and precise wording;
• reason for the claim;
• date, signature.

A copy of the receipt or payment receipt must be attached to the claim.

The store manager must respond in writing within 10 days. According to his decision, the buyer is obliged to either return the funds under the guarantee, or replace the phone with a similar one (with or without recalculation).

Expert opinion

Kostenko Tamara Pavlovna

If the manager’s response to the complaint is negative, then you must file a complaint with Rospotrebnadzor. If this complaint is not satisfied, it is recommended to contact the courts to bring the store management to administrative responsibility. Litigation usually takes a lot of time. But there are other options for solving this problem.

Method 1: find a compromise

The fact is that when compromising in order to achieve the desired result, you have to make some concessions. In a specific case, the “concession” is that the buyer does not require a refund, but a replacement of the product with a similar one. In any case, such a solution will be the least expensive to solve the problem on both sides.

In resolving this issue, you should not rely on the opinion of the seller, but rather contact the store manager. It is necessary to take into account the fact that it is mainly store directors of large retail chains who make concessions to customers. In a small private store or online store, the buyer is most often denied an exchange of a phone, and even more so a refund.

But if the problem has to be resolved with the management of just such stores, then it is best to insist on an exchange of goods, and not a refund. Since the last procedure is one of the most “painful” for them.

When making a compromise, it is advisable to know all the capabilities of a given phone model. When communicating, you need to show your confidence and competence. You need to build a conversation not in the form of a person asking, but also not to show your disdain. The requirement might sound like this:

“I'm sorry, but the phone doesn't suit me (the reason is stated). I have been your regular customer for a long time, and my opinion about your store has always been only positive. I would like to continue buying from you. I don’t want to cause you any inconvenience at all, but I don’t feel comfortable using this phone model at all. The issue of returns is always very controversial. After all, you know about the decision of Rospotrebnadzor regarding the return of goods within 14 days. Disputes usually take a long time, so I suggest resolving my issue without them. Let's make concessions to each other. I will not insist on returning the amount spent, but you will change this model phone to another."

Method 2: File a claim

If you still cannot resolve the problem with the seller, and he insists that this product cannot be returned or exchanged, then you need to file a claim addressed to the store director. In this situation, it is necessary to be guided by exactly the clue mentioned above. This option is only suitable if the product is not damaged and it is clear that it has not been used.

If the seller refuses to satisfy the buyer's demands, you can go to court. However, it must be remembered that there is no single judicial opinion on the issue of the technical complexity of such a product as a telephone. Therefore, a court decision can be made both in favor of the buyer and in favor of the store management.

Neither party bears financial losses in any court decision, since the state duty on such issues is not paid. The only time lost is in court wrangles.

In order to feel more confident in court and qualify for a positive decision, it is recommended to search for similar positive court decisions on this issue on the Internet.

Method 3: providing incomplete or false information about the product

If the buyer has managed to take advantage of his purchase and is not satisfied with its quality due to the lack of complete or reliable information when purchasing, he, in accordance with clause 1 of Art. 12 of the PPA, may demand a refund of the entire amount paid for the phone. In this case, it is necessary to prove that the information about the product was not fully provided or turned out to be false.

The return will be effective only in the situation if the instructions for the purchased model were on foreign language Without translation. A brief description of the model, without taking into account the necessary data, can also cause a return, as it is contrary to the law.

This method of return for a favorable outcome requires the presence of witnesses (not relatives).

In order to obtain a return or exchange of a phone, you need to decide on the position of protecting your rights. If the phone is a push-button phone, then you can safely insist that the product is technically simple. If the phone is a touchscreen, then prove that it does not belong to a technical complex product It won't be easy.

Expert opinion

Kostenko Tamara Pavlovna

In any case, it is necessary to decide on the choice of protection method in advance, having thought through all the consequences. In this case, you should not use first one method and then another. In court, this may work in favor of the seller, since he will provide statements as evidence that prove the buyer's uncertainty. It will become clear to the court that the buyer simply wants to return the phone to the seller because it is no longer needed, under any pretext.

How to speed up the exchange or return process?

Many sales consultants often keep silent about the lack of any functions in the phone model they are selling. And instead of detailed instructions, the phone comes with only short description and user manual. The PSA clearly states that the seller is obliged to provide complete information about the product.

In this situation, the buyer may come to the store demanding an exchange or return of the product due to the fact that the information about the product turned out to be incomplete or false.

Most often, management agrees with the claim and compromises. The most simple solution Both parties will exchange this phone model for another that meets the user’s requirements.

What documents do I need to provide?

When contacting a store to exchange or return a working phone on the day it was purchased, it is enough to have a cash register receipt or receipt, as well as the complete product itself.

If some time has passed since the purchase, but no more than 14 days, you need to write an application and provide identification. The application must indicate the reason for returning or exchanging the purchase.

Reasons for exchanging or returning goods may include reasons such as inappropriate device size, configuration, color, and others. Without explaining the reason, the buyer's request may be denied.

So, the phone can be returned if:

• no more than 14 days have passed since the date of acquisition, excluding the day of acquisition;
• there is no internal or external damage;
• contains a complete set of goods and a purchase document.

The amount is returned to the buyer within three days from the date of application. If the refund is made directly to bank card buyer, the terms may take up to 10 days.

The difference between returning a touch phone and a regular device

If we are guided by the List of Decree of the Russian Federation No. 924 (clause 6), then both sensory and push-button phones may belong to the class of technically complex. The only difference between them is that the causes of breakdowns in touch phones different from push-button ones. This is due to the complexity of the design and software the device itself.

Payment for the examination in disputed cases is carried out by the seller.

Returning a phone purchased through an online store

If for some reason the buyer decides to return a phone purchased from an online store, he needs to remember that he can do this before the goods are delivered and within 7 days after that. The buyer must contact the store management through a written request.

If the answer is positive, the buyer will not be given a refund for delivery, and for an imperfect purchase, the money will be returned to the bank card within 10 days.

Step-by-step return instructions

The buyer can receive a refund or a replacement phone within 14 days only in case of malfunction or defect. To do this you need:

1. Contact the retail outlet orally. If refused, file a complaint with management.
2. After a maximum of 10 days, the store provides a written response. It can be positive, or with the appointment of an examination to identify the cause of the phone breakdown.
3. If the examination establishes that the buyer is to blame for the breakdown, then the store has the right to demand reimbursement of the costs of this procedure. In case of further disputes, additional examination may be carried out.
4. If the parties were unable to reach a peaceful agreement, then the next step is to go to court with all the supporting documents of the transaction attached.

The final decision remains with the court, but it is impossible to predict exactly what it will be.

Very interesting. But recent facts show that a telephone is not a technically complex product. Article:

Currently, there is a practice based on which sellers of mobile phones (including large chain stores) refuse to exchange a product of good quality for a similar product of a different model. In this case, the seller refers to the fact that a mobile phone is a technically complex product and, therefore, Art. 25 of the Law of the Russian Federation “On the Protection of Consumer Rights” cannot be applied. The Government of the Russian Federation has approved the “List of non-food products of good quality that are not subject to return or exchange, not similar goods...”, which provides a list of technically complex household goods for which warranty periods have been established: household metal-cutting and woodworking machines, household electrical machines and appliances, household radio-electronic equipment, household computing and copying equipment, photographic and film equipment, telephones and fax equipment, electric musical instruments, electronic toys, household gas equipment and devices. The “List of technically complex goods for which consumer demands for replacement are subject to satisfaction if significant defects are found in the goods” also does not mention a mobile phone. Consequently, a mobile phone is not formally a technically complex product and the seller’s refusal to exchange for a similar model is unlawful and contrary to existing legislation.

Explanations on this issue are contained in the Letter of the Federal Service for Surveillance on Consumer Rights Protection and Human Welfare “On the exchange of cell phones.” The Letter states that, in accordance with All-Russian classifier products OKP 005-93, radio-electronic household equipment belongs to the class of goods with codes OKP 65 8000 - OKP 65 8900. For example, according to the certificate of conformity, a cell phone is a product with the official name “portable radio station” and has code OKP 65 7140, which belongs to the product class - means of radio communication, radio broadcasting and television of general use. Consequently, the product name “cell phone” is commonplace and this product does not belong to the product class - household radio-electronic equipment. Thus, a landline telephone and a mobile telephone have completely different codes classifications.
What should an ordinary consumer do if the seller refuses to exchange a mobile phone? First, it is necessary to draw up a written claim in two copies - one copy is given to the seller (in person or by mail), and the other is marked with acceptance. The claim must indicate the reason for the exchange (does not match the color, shape, technical specifications etc.), your postal address and contact number. It must be remembered that the seller is obliged to exchange goods of good quality within three days from the date of filing the claim. If there is no similar product available at the time of circulation, the consumer has the right to refuse the purchase and sale agreement and demand a refund of the amount paid. The seller must fulfill the requirement to return the amount within ten days from the date of application. If the required model is not available, then by agreement of the parties, the seller may undertake the obligation to immediately inform the buyer about the availability of the above-mentioned one and freely exchange the phone. If the seller has delayed the voluntary fulfillment of one of the above requirements, then the buyer has the right to demand payment of a penalty in the amount of 1% of the purchase price for each day until the requirement is fully satisfied (the penalty cannot exceed the amount of the purchase itself).
Do not forget about the corresponding recalculation of the purchase price. That is, if the buyer wants to exchange for a more expensive model, then he has the obligation to pay the corresponding difference in price and vice versa. We are talking about the cost of the goods at the time the buyer makes a claim, and not at the time of the initial purchase.
In case of refusal to voluntarily satisfy the requirements, the buyer can make an entry in the book of complaints and suggestions with a description of the circumstances and indicating a contact number. The seller is obliged to issue a book of complaints and suggestions upon the first request of the client.