Sometimes, after purchasing a new phone, a client discovers unacceptable qualities in it. But is it possible to return the product back to the store and what do the laws say about this?

Is it possible to replace a mobile phone before the 2-week period specified by law has expired?

In accordance with Article 25 of the Law of the Russian Federation “On the Protection of Consumer Rights,” high-quality non-food products can be returned to the store by fulfilling certain requirements. Firstly, the purchased item should not be included in the List of Products of proper quality prohibited by law from being returned.

IN this list includes the following products:

• medicines, medical equipment, instruments and consumables;
• personal hygiene products;
• furniture;
• expensive electronic equipment;
• Appliances;
• firearms smoothbore;
• jewelry;
• cars, bicycles and motorcycles;
• animals and plants;
• non-periodical publications.

Secondly, the product must be returned within 14 days from the date of purchase. Thirdly, when returning, you must present a sales receipt or documents confirming the fact of purchase - barcode on the packaging, warranty card, technical passport. And, fourthly, the purchase must remain intact and have a presentation, all labels, instructions, passport, etc.

But there is still no consensus on whether a mobile phone is a technically complex product or not, like a computer, for example. Therefore, sellers are guided by the provisions of the Rospotrebnadzor letter “On the exchange of cell phones.”

It states that such phones are not classified as goods that cannot be exchanged within two weeks from the date of purchase. The document only indicates an exchange, and a return is expected only if the model is not in the store at the time of the client’s request.

Basically, reputable retail chains and self-respecting individual entrepreneurs always meet the buyer halfway and exchange products without any problems. In this way, lengthy litigation is avoided.

In a situation where a store refuses to accept a phone for exchange, the client can write a letter of complaint addressed to the store owner.

In the document, drawn up in 2 copies, you must indicate the following data:

• store name and details;
• Full name, place of residence and contact numbers of the buyer;
• full name of the product, its model and article number;
• reason for return or exchange;
• personal signature and date of application to the shopping center.

A copy of the sales receipt is attached to the document. Within 10 days, the seller is obliged to respond in writing to the buyer’s complaint, exchange the goods or return cash.

If the buyer refuses to satisfy the legal right, the latter must write a complaint to Rospotrebnadzor. If there is no help for him here, he has the right to appeal to the courts, which will take a very long time.

How can I speed up the exchange or return procedure?

There are nuances in the Law that protect the rights and interests of the consumer. For example, the rules clearly state that the buyer must be provided with a complete set of information about the product. But in practice, no one in stores talks about all the functions of the phone or their absence.

Often you can encounter something that, instead of detailed instructions The product only comes with a small user manual. If the buyer actually encounters a similar situation, then when submitting a request for an exchange, he may refer to the lack of comprehensive information about certain functions of the product or its characteristics.

Thus, in any case, it is more profitable for both parties to reach a mutual compromise than to start a lengthy legal battle. For example, the store and the buyer agree not on a full return of the product, but on an exchange for an analogue or another model with recalculation of the cost.

What documents are required to exchange or return a mobile device?

There is no need to rush when buying a mobile phone, because the product is not cheap. But since it so happened that you quickly stopped liking it, it is better to exchange it immediately, on the day of purchase.

Thus, the marketable appearance of the model will be preserved and the seller will have fewer reasons for refusal. The consumer needs to have a fully equipped phone and all documents with him: a sales receipt and an instruction manual with a warranty card.

If a store customer makes a request within 14 days of purchase, he should write a statement indicating the reason for returning the purchase.

They may be different: I didn’t like the color, some functions are missing, the package is not complete. If the buyer refuses to explain his motives, the seller has the right to refuse to satisfy the request on formal grounds.

Features of returning a smartphone if it was purchased remotely

You are allowed to return or exchange a mobile phone you don’t like purchased from an online store until you receive the purchase or within 7 days after its delivery via mail or courier.

To do this, the buyer must contact the shopping center by phone and explain the reason, and if necessary write a statement. If the store cooperates, the goods will be exchanged, or the money will be returned within 10 banking days.

What to do if you don’t like the recently purchased phone? Surely many have encountered a similar situation at least once. It is worth knowing your consumer rights to resolve the problem.

Let's find out if it's possible to return a working phone to the store if it just doesn't fit.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact the online consultant form on the right or call free consultation:

How to speed up the exchange or return process?

You can use a little trick: the law “On Protection of Consumer Rights” stipulates that the seller must provide full information about the product. But, as a rule, store consultants often do not talk about the lack of any functions in a certain product model, because their goal is to sell.

In addition, instead of detailed instructions, modern phones come with only a short user manual. Therefore, when contacting a store with a request to return or exchange a product, you may well refer to the fact that upon purchase you were not provided with comprehensive information about certain functions of the product.

Often the store is more willing to agree to exchange goods. If the store has a phone model that suits you, a compromise option of exchanging rather than returning the goods will be the easiest way out of the situation.

If you exchange for a phone model of a different cost, the store will recalculate and return the difference, or you will have to pay extra for a more expensive model.

What documents do I need to provide?

When a consumer contacts a store to exchange or return a working phone on the day of purchase, he only needs to have a document confirming the purchase, as well as the complete product itself.

If the buyer contacts the store later (but), he will need to write an application and provide identification. The application must indicate the reason, at which the consumer intends to return or exchange the purchase.

The reasons may be different: inappropriate equipment sizes, equipment, color, etc. If the consumer decides to return or exchange the phone without explaining the reason, he thereby gives the seller the opportunity to refuse this request on formal grounds.

So, basic rules for returning a phone which didn't work:

• no more than 14 days have passed since the date of purchase (not counting the day of purchase);
• the presentation is preserved, there are no traces of use;
• The consumer should contact the store with the complete product, documents for the product and an identity document.

Funds are returned to the buyer within three days from the date of application. In case of payment of money for bank card The time frame may take a little longer - up to 10 days.

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 cost of delivery of goods in case of refusal of it is not reimbursed by the store., and the refund for the product itself occurs within 10 days to a bank card.

How to return your phone within 14 days without any problems - watch the video tip:

Reading time: 21 minutes

Man in modern world is constantly in touch - calls, instant messengers, social apps. In rare cases, mobile phones are treated as an attribute cellular network. In most situations, a smartphone is an element of style, so it is often replaced with new models. But sometimes you need to return the phone to the store due to a malfunction or other circumstances. Submission procedure mobile device is associated with various nuances that should be considered in the process.

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Legislative regulation

The procedure for returning a smartphone, including an iPhone, is quite realistic and is established in the current 2020 edition. If, after purchasing the gadget, a defect or factory malfunction is discovered, the user has the right to return the product. The period for filing a claim is 14 days, excluding the date of purchase. The situation is more complicated with the reason for the return - you don’t like the color or packaging. The legislation of the Russian Federation defines regulations for the delivery of goods to the seller for each case.

Consumer Returns Rights Act

Civil Code of Russia

If there is evidence, including eyewitnesses, that when selling, the citizen relied on the properties of the product, then the goods can be handed over. At the same time, the seller provided incorrect information, and instructions from the manufacturer are presented on foreign language or has a quick start guide.

Return deadlines

The phone is returned within 14 days by law after the transaction is concluded. If the smartphone turns out to be of poor quality, then delivery of the goods is allowed after 15 days or within the warranty period.

Returning the phone within and after 14 days

It is allowed to return the phone to the store within and after 14 days if a malfunction of the device is detected. A 2010 letter from Rospotrebnadzor states that smartphones are not included in the list of goods that cannot be exchanged. However, this explanation was valid until amendments were made to and. Therefore, from March 2020, the delivery of phones is carried out only on the basis of identified deficiencies.

Chain stores often accommodate customers halfway, trying to mitigate the situation of litigation. Before filing a claim and contacting Rospotrebnadzor, experts recommend writing an application to return the phone to the director of the organization.

In what cases can you return it during the warranty period?

When replacing a phone of poor quality within the warranty period, the seller must conduct an inspection. The result of the examination of the mobile phone allows us to establish the guilt of the party. The user has the right to be present at the examination -.

Returns during the current warranty are possible if:

1. The cost of repairs exceeds the purchase of a new gadget.
2. The phone was in the SC for more than 45 days within a year.
3. The defective product was returned to the owner in violation of the deadlines.
4. A defect interferes with the use of the device – for example:
   • The software is “buggy” and cannot be restored;
   • the battery discharges quickly - the reason is the power board;
   • other.

If the warranty period ends, the examination can be carried out by a citizen if more than two years have not passed since the conclusion of the transaction.

Step-by-step consumer steps when returning a phone of proper quality

A citizen needs to contact the store to return or exchange a smartphone within the deadline, i.e. within fourteen days after the conclusion of the contract. In this case, the process is faster, because on the 15th day the request for a replacement phone does not even fall under.

Step #1: Peaceful settlement

Compromise is the least complex solution to a problem. When contacting a store, experts recommend trying to reach an amicable agreement. The dialogue should be built not with an ordinary employee of the organization, but with an administrator or manager, since it is the latter persons who are vested with authority.

Options - exchange or hand over a phone of proper quality - are relevant for large shopping stores. Small organizations or remote sites usually refuse. In this case, you need to apply for a replacement, and not with a claim for a refund. Sellers do not like to transfer banknotes back, and exchange is a less painful issue for stores.

Step No. 2: Drawing up an application - rules and nuances

When the store does not want to resolve the problem peacefully, and the user has legal grounds for returning the phone, you need to write a statement.

The document is drawn up in the name of the director of the organization.

The text states:

• citizen form;
• product name – model, manufacturer;
• the essence of the appeal is exchange or return;
• grounds;
• date of;
• signature.

Additional documents attached to the application

Return the phone to the store if you don’t like it, perhaps when you can come to an agreement with the seller. In other cases, the goods are returned within 14 days or during the warranty period. Last option provides for compensation, including moral damages.

The following documents must be attached to the application for phone return:

• ticket;
• user passport;
• pay slips or witness statements verifying that the person purchased the item from the store;
• mobile phone, accessories and papers.

Step No. 3: Visual inspection, checking the functionality and configuration of the returned goods

The procedure for inspecting goods is regulated, as well as by a contract concluded between the seller and the citizen. According to the store is authorized to accept the phone from the client after purchase.

The verification consists of 4 stages:

1. Visual inspection to identify scratches, chips, and abrasions. Opening the case to analyze the internal state.
2. Examination of the smartphone for compliance with the characteristics declared by the manufacturer.
3. Conducting a test to determine whether it will work or not.
4. Control start of the mobile phone.

The inspection must be carried out by service center engineers or representatives of the manufacturer. Center employees are trained and have the necessary experience in testing complex technical products. Therefore, they are authorized to inspect the goods and identify hidden defects.

However, this procedure is often performed by store employees. The test results do not provide 100% information about the condition of the phone, and therefore cannot satisfy the client. Therefore, employees of the organization have the right to act only in accordance with paragraph No. 1. If a controversial situation arises, send the goods for examination.

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Step No. 4: The store accepts the mobile phone and returns the money to the card or in cash

The receipt of money into the account depends on the operational actions of all departments of the store - the accounting department, banking services, and the submission of applications by sellers. The average period for crediting funds is 7 days, but the period can increase up to 30 days. For example, VTB24 cardholders can replenish their balance up to 12 days.

Depending on a number of factors, the refund time increases to a month according to the law. If a citizen has suspicions that the process is being deliberately delayed, then at any time he should contact the accounting department of the organization or the bank. This will allow you to find out the response to the application and set the exact time for crediting funds.

Please note: if the phone is returned on the day of purchase, the transaction is automatically cancelled. The balance is replenished within 2-3 hours.

Step-by-step actions for a consumer when returning a phone of poor quality

The user returns a faulty mobile phone to the store in accordance with the law - before or after the expiration of 14 days or during the warranty period. Coupon for cellular device must be completed by the seller. You need to keep the book for at least 2 years to mitigate problems with maintenance and use of the smartphone.

Step No. 1: Completing an application to return the phone

To return your smartphone you need to fill out a correct application:

1. Prepare a passport and enter information in the claim.
2. Attach a receipt or obtain oral testimony from eyewitnesses, request materials from store surveillance cameras.
3. The document is generated in 2 copies. – the seal of the organization is installed on one and remains with the citizen. The date and information about the person responsible is a guarantee of security when returning funds for the phone.

Step No. 2: Appointment and examination of the phone, if the seller does not agree to an undisputed refund

If, based on the results of the initial inspection, it is established that a citizen is at fault for the breakdown of the device, then the user has the right to request an examination. When the manufacturer's liability is recognized, the store repairs the product at its own expense. Costs associated with storage and transportation are borne by the organization. If the examination confirms the buyer’s guilt, the citizen will compensate for the expenses.

Based on the results of the SC check, the user has the right to initiate legal proceedings. Additionally, you need to transfer a copy to the store to resolve the problem out of court.

Step No. 3: Issue of a temporary phone for the duration of the examination and possible repairs

A citizen has the right to submit an application for warranty repair to a store or to a manufacturer’s representative - ASC. After filing a claim, the client is authorized to submit a document for the issuance of a replacement smartphone for the period of work to eliminate the breakdown. A positive decision is made if the defect is corrected in more than a week.

The deadline for providing a temporary telephone number is 3 calendar days from the date of application. The document is drawn up in the store. It is necessary to generate 2 copies - one remains with the user with the organization’s marks, the second is transferred to the company’s management.

Step No. 4: Expert conclusion

If a defect is detected in the phone, the citizen sends the goods to the store with a corresponding claim, attaching a coupon and payment receipt. There is no refund for a smartphone without an examination.

To determine the cause of the shortage in the product and the guilty party, the product is transferred to ASC specialists. The period of stay for diagnostics is up to 20 days. During this period, the client is given a replacement phone to reduce discomfort.

The time a device spends under examination is influenced by a number of factors (in days):

• replacing the product with a working mobile phone – up to 20;
• repairs – up to 45;
• compensation for eliminating a defect from a third party, a request for a refund of the price of the product or a discount - a maximum of 10.

In all situations, general rules apply to the procedure:

• the inspection is carried out within the established time limits;
• For delays, the store pays a penalty.

Further actions of the parties to the contract are carried out based on the results of the examination.

The cause of the defect is the fault of the manufacturer or the buyer

After diagnosing the phone, the ASC employee draws up a conclusion about the condition of the device and technical parameters. When the basis for the examination was the user’s claims that the smartphone heats up, freezes, etc., the employee points out the damage. Additionally prescribed possible reason occurrence - physical impact, moisture, improper soldering motherboard etc.

The expert opinion is drawn up in written format according to the rules. The document can serve as evidence in identifying the culprit. That is, if the phone was of poor quality before the sale, then the citizen has the right to demand a refund or exchange for a new, working device.

If the fault of the user is established, then the person is obliged to reimburse the costs for expert services, storage and transportation.

To be repaired or not to be repaired

After conducting a visual analysis, the ASC employee opens the phone to examine the internal mechanisms.

During the examination, the following is revealed:

• exposure to water;
• presence of foreign objects;
• the likelihood of damage due to impacts or falls is established;
• Flesh-Card is being studied for viruses;
• The battery is removed and tested for capacity and power supply.

Tools used:

• magnifying glass;
• tweezers;
• micro-nozzles for a screwdriver;
• water pump;
• other devices.

Based on the results, it is determined whether the phone can be repaired or not. In the first case, the smartphone is sent to the restoration department, in the second, it is returned to the store.

Step #5: Repair, exchange or refund

An application for returning a smartphone is considered by the store manager within 10 days from the date of receipt of the complaint. If after the conclusion of the transaction the price of a mobile phone has increased, then the citizen has the right to demand a revaluation, a discount, or an additional payment. Goods purchased under a loan agreement are subject to return with payment compensation.

Actions if the seller refuses to return the phone

Rospotrebnadzor is authorized to represent the interests of consumers. When a claim is received by the department, this becomes the basis for an unscheduled inspection. Establishing a violation of the law entails imposing sanctions on the store of up to 500,000 rubles.

The second body that defends the interests of citizens belongs to the municipality of the locality. Both institutions accept consumer complaints about wrongdoing by the organization. If sales of “gray” phones are detected, the application must be sent to the prosecutor’s office, customs service or the Ministry of Internal Affairs. Appeals to higher authorities occur if pre-trial settlement does not bring the expected results.

Complaint to Rospotrebnadzor

Rospotrebnadzor is an executive authority. The activities of the institution are aimed at protecting the interests of buyers. There is a division in each region of Russia, but the actions of employees are subject to one law -. The organization should be contacted if regulations are violated, including if the phone is broken and the store refuses to refund money or repair it.

There are several grounds for filing a complaint with the department on this issue:

• an offense has been identified in the area;
• The contract contains conditions that are contrary to the legislation of the Russian Federation - for example, the period for returning the phone has been reduced by the store.

Issues fall within the sphere of influence of Rospotrebnadzor, but the body is only concerned with establishing facts and bringing to justice. In order to solve the problem with returning your smartphone, you need to visit the department with a complaint.

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Additional methods sending an application:

• post office;
• institution web page;
• unified portal of public services (registration required).

The period for consideration of the appeal, regardless of the chosen filing option, is 30 days from the date of receipt of the claims.

Going to court

In case of refusal to satisfy a claim or imposition of illegal methods of resolving the situation, a citizen has the right to go to court. In 2020, the question of whether a phone belongs to a complex technical product group has been resolved. However, higher authorities often take the side of the buyer - especially if it is discovered that incorrect information about the product has been provided.

When filing a claim, a citizen must be prepared that the case may be granted or denied. There is no state fee for review, so when initiating legal proceedings the user only loses time.

Special cases of returning a phone

According to the new edition of 2020, the return of the phone is allowed only if a significant defect is established. A similar situation applies to concluding a transaction with an online store and applying for a loan, but taking into account some nuances.

Returning a phone purchased in an online store

If the phone was purchased online, but a defect is discovered during use, you can return the product within a week, not counting the day of purchase. The citizen needs to send an application to the store manager. Delivery fees will not be refunded. Refunds to the client's account are carried out within 10 days.

If the phone is issued on credit

It states that a citizen has the right to return the phone if the mobile phone is issued under a loan agreement.

The procedure is similar to ordinary surrender, with the exception of the sequence of actions:

• request to the bank to receive a statement of the debt balance and payments;
• transfer of the document to the store along with a return request and payment slips;
• sending an application to the director of the organization to repay the loan ahead of schedule;
• indication of the reasons for handing over the smartphone;
• Expect a response within 10 business days.

Refunds for goods of inadequate quality are carried out after examination. It is impossible to refer to an inappropriate color or an inconvenient keyboard in relation to technically complex products. The claim must be made on the basis of applicable regulations. If the application is refused, the citizen has the right to appeal to the court and other supervisory authorities.

Watch the video:"How to return a smartphone purchased from an online store if you don't like it."

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...”, where the list is given technically complex goods household use, for which warranty periods are 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 OK 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 cellular telephone is a product with the official name “portable radio station” and has OKP code 65 7140, which belongs to the product class - radio communications, radio broadcasting and television for general use. Consequently, the product name “cell phone” is common 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 fit in color, shape, technical characteristics, 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.

5/5 (3)

Is it possible to return a phone of good quality?

The answer to this question can be found in the Law “On Protection of Consumer Rights” (Article 25). This regulatory act specifies in detail what to do if the phone does not fit for any reason not related to the quality of the product (color, size, technical characteristics, memory capacity, battery capacity, etc.).

Attention! According to the law, the buyer has the right to return the product if it does not meet one of the following characteristics:

• color;
• form;
• size;
• specifications.

The law stipulates that the buyer must return an unsuitable product within two weeks from the date of purchase. This requirement does not apply to the return of goods according to the list approved by the Decree of the Government of the Russian Federation of January 19, 1998. This list includes technically complex products. Return of such goods is carried out only in case of detection of a defect.

In 2011, the list was revised as large quantity electronics and household appliances. Thus, the list includes navigation instruments, satellite communications items, wireless communication And electronic devices with touch control.

It is logical to assume that the last two types of devices include mobile phones. However, push-button mobile phones do not belong to these product groups. So which category should they be classified into?

It is quite difficult to answer this question unambiguously. Salespeople in showrooms cellular communications They often claim that a working mobile phone cannot be returned, and they find convincing arguments for their arguments. However, knowledge of the legal nuances will allow you to clearly answer this question.

Ways to return a working phone

Important! Let's consider ways to return a working mobile communication device:

• Exchange for another model. By agreement with the seller, you can exchange an unsuitable phone for another model. Sellers are reluctant to agree to return money for a purchase, especially since in such situations the law is on the seller’s side. There will be no disagreements when exchanging your phone for a device of a different model. To exchange, it is better to contact the outlet administrator directly, and not the seller. As a rule, large chain stores make exchanges without problems. But in small retail outlets or online stores, a buyer’s request to exchange an unsuitable product is treated with skepticism. When communicating with a seller, it is important to behave calmly and confidently, in a conversation to show awareness of this issue, give arguments and refer to the relevant articles of the law;

• If the seller refuses to accept the product or exchange it, it is recommended to file a complaint with the store management. Thus, the reasons for returning the goods are indicated in writing. It is worth noting that a return is possible if the original presentation of the phone is preserved, the packaging, factory films and settings are preserved. Ideally, the phone box should be in the same branded package in which it was purchased. If the store does not satisfy the claim, the buyer has the right to go to court. However, when drawing up an application, you must remember that the group of goods that include mobile phones is not clearly regulated. As mentioned above, the phone can be classified as a technically complex device. In this case, no one will accept a return of a working device. There are no guarantees that the court will support the plaintiff's claims. In order for the court to consider an appeal in favor of the buyer, it is necessary to cite cases from judicial practice when in such situations the court took the side of the plaintiff;
• The buyer provides evidence that during the sale he was misled and received incorrect information about technical specifications phone. A witness will help confirm this fact. Moreover, he must act as a witness stranger, not a relative;
• In addition, the reason for returning the phone may be the lack of detailed instructions in Russian. Brief instructions or its absence is considered as a violation of consumer rights.

ATTENTION! Look at the completed sample claim for the return of goods of good quality:

If the phone is defective

If a defect is found in the operation of the device that cannot be eliminated independently, the buyer has the right to return it.

Please note! You just need to follow the following rules:

• The buyer has the right to return the defective phone during the entire warranty period if the defect cannot be eliminated or requires the expenditure of money and time to eliminate it;
• The buyer is obliged to return money for low-quality goods within 10 days from the date of receipt of the claim;
• There are often cases when the seller claims that the defect is insignificant and, in accordance with the list of technically complex goods, the phone cannot be returned. However, if a defect is detected, it is necessary to be guided by Article 18 of the Law “On Protection of Consumer Rights”, and not by the list;
• When returning a low-quality mobile device, you should prepare a written claim in advance. This will confirm the fact of contacting the seller in case of litigation;
• If the seller appoints an independent expert examination, the buyer has the right to challenge its decision in court;
• During the warranty period of use, the responsibility for proving the validity of the claims (examination costs) lies with the seller, and after the warranty expires, with the buyer.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues.

How to speed up the exchange or return process

Let us again turn to the Law “On the Protection of Consumer Rights,” which obliges the buyer to provide complete information about the product. However, sellers in a cellular communication store often remain silent about the lack of device functions or “weak” characteristics, since the main task of the seller is to sell the product.

Also complete instructions in Russian, the phone package is often simply missing. These facts may serve as grounds for returning the mobile phone.

In addition, it is worth considering the option of exchanging for a device of a different model. If a phone with suitable characteristics is available, it is wiser to exchange the unsuitable model. Exchange is the fastest and easiest way out of a conflict situation.

If the buyer agrees to the exchange, the store will refund the difference in price, or the buyer will have to pay an additional amount for another model.

Watch the video. Return the phone to Svyaznoy within seven days. Is it possible?

Instructions for returning goods

Attention! The procedure for exchanging a mobile device is as follows:

• The buyer contacts the store and demands to accept the goods. If the seller refuses, the buyer makes a written claim addressed to the store manager. The seller is obliged to respond to the complaint within 10 days;
• Then the store either accepts the low-quality phone or orders an examination to determine the cause of the defect. If the expert confirms that the damage was caused by improper use, the buyer is obliged to reimburse the cost of the examination;
• If the results of the examination do not satisfy the buyer, then he has the right to contact an independent expert or raise objections in court. Claims are supported by receipts, sales documents, claims, photo and video materials;
• Based on the evidence presented by the parties, the court makes a decision. If the court sides with the buyer, then he has the right to exchange the faulty device or demand a refund.

However, it is not always necessary to go straight to court. The buyer can address the application to Rospotrebnadzor. Such an appeal may occur in parallel with filing a claim in court.

It is worth distinguishing between the procedure for returning a high-quality and low-quality mobile device. It is much easier to prove that you are right if there is a marriage. However, no one guarantees that the goods will be returned without the involvement of the courts.

Sample complaint to the seller

Knowledge of the provisions of the Law “On Protection of Consumer Rights” will allow you to make a convincing and competent claim.

The claim contains the following information:

• The address and name of the store to which the complaint is made is indicated in the upper right corner. This is followed by information about the buyer;
• The word “Claim” is indicated in the central part of the sheet;
• The main part of the document sets out the circumstances of the purchase of the phone, describes the defect, and the name and surname of the seller. A document confirming the fact of purchase is also indicated;
• In this part, it is also important to indicate that the seller violated consumer rights in accordance with the Law “On Protection of Consumer Rights”;
• In the final part, the buyer describes his requirements (return money, exchange for a device of a different model);
• In addition, it is necessary to mention the consequences that will occur in case of refusal to satisfy the claim;
• At the end there is a date and signature of the buyer.

The claim is drawn up in two copies. One of them is transferred to the seller, the second remains in the hands of the buyer with a note from the seller about acceptance of the claim.

If the seller refuses to accept the claim, it can be sent by mail by registered mail. In this case, the seller will not be able to claim that he was not notified of the existence of the claim.

Contact Rospotrebnadzor

Attention! A complaint to Rospotrebnadzor is drawn up in accordance with certain requirements:

• In the upper right corner you must indicate the organization to which the complaint is sent (full name of the Rospotrebnadzor branch at the place of application), then the buyer’s full name with the registration address;
• In the center of the page the name of the appeal is indicated - “Complaint”;
• The main part of the appeal contains the essence of the appeal: when and under what conditions the purchase was made, a link to the document confirming the sale. Events are listed in chronological order. Then you need to describe what the defect is and how it prevents full use devices.

It is important in the presentation to refer to laws and regulations that reflect the buyer’s rights violated during the purchase.

The complaint must be accompanied by documents confirming the purchase, audio and video evidence of violation of the buyer’s rights.

At the end of the complaint there is a date and signature of the buyer. A complaint can be submitted either during a personal visit to Rospotrebnadzor or by post by registered mail. The period for consideration of a complaint is 30 days.

ATTENTION! Look at the completed sample application to Rospotrebnadzor for the return of a low-quality phone:

Statement of claim to court

Important! The statement of claim to the court contains the following information:

• The name of the judicial authority to which the plaintiff applies;
• Plaintiff's details: full name, residential address. If the buyer’s representative applies to the court, then information about the plaintiff’s representative (full name, address, power of attorney) is indicated;
• Name of the defendant’s organization with location;
• The circumstances of the purchase of the device and the detection of defects, articles of law in accordance with which the buyer’s rights were violated;
• The plaintiff's demands (return the money or exchange the defective phone);
• Cost of claim. The cost of the claim consists of both the cost of the telephone and other expenses (lawyer services, examination);
• Grounds for filing a claim;
• Evidence of the specified circumstances;
• Date of application;
• Plaintiff's signature.

If the buyer’s rights are protected by a representative, then the law does not prohibit the representative from signing such documents.

The application is submitted to the court at the place of residence of the plaintiff or defendant. If the amount of the claim does not exceed 50 thousand rubles, the application is submitted to the magistrate's court. In other cases, you must contact the district court.

In case of applying for consumer protection, the plaintiff is exempt from paying state fees.

The court considers the application within two months from the date of receipt of the claim in court.